CASH v. WETZEL et al

Filing 80

OPINION/ORDER THAT DEFENDANTS' MOTION TO ACCEPT LATE FILING IS GRANTED AS UNOPPOSED. IT IS FURTHER ORDERED THAT DEFENDANTS' MOTION TO DISMISS IS DEEMED TIMELY, AND IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT THE CONS OLIDATED AMENDED COMPLAINT AND SUPPLEMENTAL COMPLAINT IS DISMISSED AGAINST ALL DEFENDANTS TO THE EXTENT THEY ARE SUED IN THEIR OFFICIAL CAPACITIES. IT IS FURTHER ORDERED THAT DEFENDANTS THOMAS DOHMAN, JEFFREY BENDER, BRIAN MOYER, PATRICK FINA, AND I SAIAH HALL SHALL FILE ANSWERS TO THE CONSOLIDATED AMENDED AND SUPPLEMENTAL COMPLAINT BY MARCH 31, 2016. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL PLACE THIS CASE IN CIVIL SUSPENSE UNTIL THE CLOSE OF PLEADINGS. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 3/11/16. 3/14/16 ENTERED AND COPIES MAILED TO PRO SE' AND E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OMAR SHERIEFF CASH,
Plaintiff
vs.
JOHN WETZEL,
Secretary of Corrections;
JEFFREY WITHERITE,
Staff Assistant-Western Region;
DORINDA VARNER,
Chief Grievance Officer;
MIKE WENEROWICZ,
Facility Manager
SCI Graterford;
WENDY SHAYLOR,
Grievance Coordinator;
E. VEROSKY, Lieutenant;
LEWIS, Sargent;
KRYESKI, Correctional Officer;
AGUIAR, Correctional Officer
THOMAS DOHMAN;
JOHN SPAGNOLETTI;
JOSEPH TERRA;
JEFFREY BENDER;
MARK COX;
JOHN EVERDING;
BRIAN MOYER;
PARTICK FINA;
PARTICK CURRAN;
EPHRAIN RIVERA;
ISAIAH HALL; and
MELISSA SMITH,
Defendants

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Civil Action
No. 12-cv-05268

O R D E R
NOW, this 11th day of March, 2016, upon consideration
of plaintiff’s Consolidated Amended and Supplemental Complaint
filed March 18, 2015 (Document 64); defendants’ Motion to
Dismiss the Third Amended Complaint, which motion was filed
November 18, 2015 (“Motion to Dismiss”) (Document 74); and

defendants’ Motion for Extension of Time in Which to Respond to
Plaintiff’s Consolidated Amended and Supplemental Complaint,
which motion was filed November 18, 2015 (“Motion to Accept Late
Filing”) (Document 75); and for the reasons expressed in the
accompanying Opinion,
IT IS ORDERED that defendants’ Motion to Accept Late
Filing is granted as unopposed.
IT IS FURTHER ORDERED that defendants’ Motion to
Dismiss is deemed timely.
IT IS FURTHER ORDERED that defendant’s Motion to
Dismiss is granted in part and denied in part.
IT IS FURTHER ORDERED that the Motion to Dismiss is
granted to the extent it seeks dismissal of the Consolidated
Amended and Supplemental Complaint against all defendants in
their official capacities.
IT IS FURTHER ORDERED that the Consolidated Amended
and Supplemental Complaint is dismissed against all defendants
to the extent they are sued in their official capacities.
IT IS FURTHER ORDERED that the Motion to Dismiss is
granted to the extent that it seeks dismissal of Counts 1
through 5 and 7 through 9 of the Consolidated Amended and
Supplemental Complaint against all defendants.

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IT IS FURTHER ORDERED that Counts 1 through 5 and 7
through 9 of the Consolidated Amended and Supplemental Complaint
are dismissed against all defendants.
IT IS FURTHER ORDERED that the Motion to Dismiss is
granted to the extent that it seeks dismissal of Count 6 of the
Consolidated Amended and Supplemental Complaint against
defendants Kryeski, Correctional Officer; Patrick Curran; and
Ephrain Rivera.
IT IS FURTHER ORDERED that the Motion to Dismiss is
denied to the extent that it seeks dismissal of Count 6 against
defendants Thomas Dohman, Jeffrey Bender, Brian Moyer, Patrick
Fina, and Isaiah Hall.
IT IS FURTHER ORDERED that Count 6 of the Consolidated
Amended and Supplemental Complaint is dismissed against
defendants Kryeski, Correctional Officer; Patrick Curran; and
Ephrain Rivera.
IT IS FURTHER ORDERED that defendants Thomas Dohman,
Jeffrey Bender, Brian Moyer, Patrick Fina, and Isaiah Hall shall
file answers to the Consolidated Amended and Supplemental
Complaint by March 31, 2016.

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IT IS FURTHER ORDERED that the Clerk of Court shall
place this case in civil suspense until the close of pleadings.

BY THE COURT:

/s/ James Knoll Gardner_____
James Knoll Gardner
United States District Judge

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