PEARSON v. BUREAU OF CORRECTIONS INDUSTRY et al
| ANTONIO PEARSON |
| SGT. STERLE, DEPT. SUPT. SYLVIA GIBSON, SUPT. GERALD L. ROZUM, MAJOR GELHMANN, BUREAU OF CORRECTIONS INDUSTRY, VIEWSONIC CORPORATION, VIEWSONIC CORPORATION'S CFO SUNG YI, PCI COMMISSARY, PCI COMMISSARY'S DIR. TONY MILLER, PCI-COMMISSARY SUP. RANDY COX, COBY ELECTRONICS CORPORATION, COBY ELECTRONICS CORPORATION'S AGENT JOHN DOE-1, SEC. OF COR. JEFFREY BEARD, INTERIM SEC. OF COR. SHIRLEY MOORE, SPEC. AST. JAY WHITSEL, DIR. OF OPR JAMES BARNACLE, AST. CHIEF GRIEV. COOR. TRACY WILLIAMS, DEPT. SUPT. STEVEN GLUNT, SGT. HAINESWORTH, COI B. MCKENZIE, LT. SMITH, MAJ. LEO GLASS, I.P.M. ALLEN JOSEPH, SUPT. AST.HEIDI SROKA, CAPT. J.P. LAFRAMBOISE and CAPT. GEORGE A. KUZILLA |
| 3:2012cv00110 |
| June 1, 2012 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Somerset |
| Kim R. Gibson |
| Keith A. Pesto |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
29
MEMORANDUM ORDER - it is Ordered that the moving defendants' motion to dismiss, docket no. 19 , is granted. The Report and Recommendation is adopted as the opinion of the Court. Plaintiff's complaint is dismissed without prejudice under Fe d.R.Civ.P. 4(m) for failure to serve defendants and file a timely return of service as to all defendants, except for the moving defendants and the defendants previously dismissed at docket no. 16 . Dismissal as to those defendants is with prejudice. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 12/3/2012. (dlg)
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Filing
16
MEMORANDUM ORDER - it is ORDERED that plaintiff's motion for leave to proceed informa pauperis, docket no. 4 , is denied. The motion to dismiss of defendants Viewsonic Corporation and Sung Yi, docket no. 6 , is granted. This court lacks subjec t matter jurisdiction over the breach of warranty claim that plausibly could be stated against these defendants. Plaintiff cannot create diversity jurisdiction by asking for damages clearly not recoverable, nor create federal question jurisdiction by conclusory allegations that the Viewsonic defendants participated in a conspiracy to violate his civil rights. The plaintiff is not given leave to amend his complaint. Plaintiff's motions for extension of time to serve defendants, docket no. [ 11], docket no. 13 , are denied. If plaintiff has not filed proper returns of service by October 31, 2012, the matter is ordered dismissed for lack of prosecution as to any unserved defendant. The matter remains with the Magistrate Judge for pretrial proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 10/1/2012. (dlg)
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