GANNAWAY v. PRIME CARE MEDICAL, INC. et al

Filing 152

ORDER THAT PREIMCARE MEDICAL DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. NOS. 92 & 93) IS GRANTED AND ALL CLAIMS AGAINST MOVING DEFENDANTS ARE DISMISSED; DEFENDANTS ADAPT INC., AND WILLIAM TILLMAN'S MOTION FOR SUMMARY JUDGMENT (DOC. NOS. 97 & 98) IS GRANTED AND ALL CLAIMS AGAINST MOVING DEFENDANTS ARE DISMISSED; DEFENDANTS BERKS COUNTY PUBLIC DEFENDER'S OFFICE MOTION FOR SUMMARY JUDGMENT (DOC. NO. 99) IS GRANTED AND ALL CLAIMS AGAINST MOVING DEFENDANT ARE DISMISSED. DEFENDANT OS MER DEMING'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 102) IS GRANTED AND ALL CLAIMS AGAINST MOVING DEFENDANT ARE DISMISSED; THE COMMONWEALTH'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 113 & 114) IS GRANTED AND ALL CLAIMS AGAINST MOVING DEFENDANT S ARE DISMISSED; PLAINTIFF'S VARIOUS REQUESTS FOR COUNSEL ARE DENIED. TO THE EXTENT THAT PLAINTIFF'S PENDING FILINGS MIGHT BE CONSTRUED AS SEEKIING LEAVE TO TAKE DISCOVERY, SUCH RELIEF IS DENIED; TO THE EXTENT THAT PLAINTIFF'S PENDING FILINGS MIGHT BE CONSTRUED AS SEEKING ADDITIONAL TIME TO RESPOND TO THE DEFENDANTS' VARIOUS MOTIONS FOR SUMMARY JUDGMENT, SUCH RELIEF IS DENIED. TO THE EXTENT THAT PLAINTIFF'S PENDING FILINGS MIGHT BE CONSTRUED AS MOTIONS FOR SUMMARY JUDGME NT OR FOR DEFAULT JUDGMENT AGAINST ANY DEFENDANT, SUMMARY JUDGMENT AND DEFAULT JUDGMENT IS DENIED. PLAINTIFF'S CLAIMS AS TO ALL REMAINING DEFENDANTS ARE DISMISSED AND THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 12/21/15. 12/22/15 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHAKUR D. GANNAWAY,
Plaintiff,
v.
PRIME CARE MEDICAL, INC., et al.,
Defendants.

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CIVIL ACTION
NO. 12-1156

O R D E R
AND NOW, this 21st day of December, 2015, upon
consideration of the various pending motions in this case and
for the reasons stated in the accompanying memorandum, it is
hereby ORDERED as follows:
1.

The PrimeCare Medical Defendants’ Motion for

Summary Judgment (ECF Nos. 92 & 93) is GRANTED and all claims
against moving defendants are DISMISSED;
2.

Defendants ADAPPT, Inc., and William Tillman’s

Motion for Summary Judgment (ECF Nos. 97 & 98) is GRANTED and
all claims against moving defendants are DISMISSED;
3.

Defendant Berks County Public Defender’s Office’s

Motion for Summary Judgment (ECF No. 99) is GRANTED and all
claims against moving defendant are DISMISSED;
4.

Defendant Osmer Deming’s Motion for Summary

Judgment (ECF No. 102)is GRANTED and all claims against moving

defendant are DISMISSED;
5.

The Commonwealth Defendants’ Motion for Summary

Judgment (ECF Nos. 113 & 114) is GRANTED and all claims against
moving defendants are DISMISSED;
6.

Plaintiff’s various requests for counsel

throughout this case are DENIED;
7.

To the extent that Plaintiff’s pending filings1

might be construed as seeking leave to take discovery, such
relief is DENIED;
8.

To the extent that Plaintiff’s pending filings

might be construed as seeking additional time to respond to the
defendants’ various motions for summary judgment, such relief is
DENIED;
9.

To the extent Plaintiff’s pending filings might

be construed as motions for summary judgment or for default
judgment against any defendant, summary judgment and default
judgment is DENIED;
10.

Plaintiff’s claims as to all remaining defendants2

1

Plaintiff’s recent filings include ECF Nos. 129, 130,
131, 132, 137, 142, 143, 144, 145, 146, 147, 148, 149, and 150.
2

The remaining defendants who are dismissed are as
follows: (1) Jeffrey Ditty, (2) “Lt. Fox,” (3) Emil Michael
Kazor, (4) Gail Kelly, (5) Teresa Law, (6) Lizhong, (7) “Marsh
(Deputy Warden),” (8) John A. Palakovich, (9) April Palumbo
2

are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2) and 42 U.S.C. §
1997e(c)(1); and
11.

The Clerk of Court is directed to mark this case

as CLOSED.3

AND IT IS SO ORDERED.

/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.

Rasch, (10) Mark Silidker, MD (11) Richard Southers, (12) “c/o
Weaver,” (13) Doris Weaver, (14) Peter Binnion, MD (15) Dr.
Fisher, (16) Dr. Symons, (17) Goubran Theodore Vourstand, (18)
Ted W. Williams, (19) Nicholas Stroumbakis, MD (20) William
Bispels, (21) “(PHS Correctional Healthcare) Most of State
Prison,” (22) Bernard, (23) Sgt. Vargas, (24) Deputy Horton,
(25) “Deputy,” (26) “C/O Moore,” (27) “Kitchen Worker Luss,” and
(28) E. Mosser. In addition, two Jane Does and a John Doe have
not been identified and are dismissed.
3

All claims against all defendants have been
adjudicated or dismissed.
3