BAEZ v. CORNELL COMPANIES, INC. et al
| SANDY BAEZ |
| CORNELL COMPANIES, INC., MOSHANNON VALLEY CORRECTIONAL CENTER, FEDERAL BUREAU OF PRISONS, MR. MICHAEL ZENK, MR. PAUL JUSTEN, DR. AGRA, DR. ROMERO, MS. DAWSON, DANIEL BUCKLES, MR. ROHRBACKER, DR. R.G. WILLIAMS, DR. ALFRED B. COREN and DR. G.M. ZLUPKO |
| 3:2010cv00024 |
| January 25, 2010 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Clearfield |
| Cathy Bissoon |
| Kim R. Gibson |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| None |
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Filing
112
ORDER - upon independent review of the record, including Objections filed by Plaintiff, and upon consideration of the Magistrate Judge's Report and Recommendation [ECF No. 110 ], which is adopted as the opinion of this Court, IT IS HEREBY ORDER ED that the Defendants' Motions to Dismiss for Lack of Prosecution [ECF No. 99 , 100 , 102 ] based on Plaintiff's repeated failure to comply with the Court's Order that he file a timely Amended Complaint establishing diversity juris diction over the negligence claims filed against Defendants are GRANTED. It is further ORDERED that insofar as these Motions raise any other ground for dismissal, they are DENIED as MOOT. Nothing in this Order should be construed to prevent Plaintiff from refiling viable negligence claims in state court. The Clerk is directed to mark this case closed, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 2/13/2012. (dlg)
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Filing
67
MEMORANDUM ORDER granting 37 Motion to Dismiss; granting 40 Motion to Dismiss; granting 43 Motion to Dismiss; granting 45 Motion to Substitute Party with respect to Plaintiff's State law negligence claims against those Defendants, and Pl aintiff's claims against the United States are DISMISSED for lack of subject matter jurisdiction. It is further Ordered that Defendants Federal Bureau of Prisons and Paul Juster's Motion to Dismiss or in the Alternative, Motion for Summary Judgment (Doc. 47 ) shall be treated as a motion to dismiss in part and a motion for summary judgment in part and GRANTED; 58 Report and Recommendation is adopted as the opinion of this Court; it is further Ordered that Plaintiff shall, if appropriate, file an Amended Complaint within 21 days of the date of this Order, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 1/25/2011. (dlg)
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