Daughtry v. Lappin et al

Filing 74

MEMORANDUM: On 8/21/12, the MJ to whom this matter was referred filed a report 56 recommending that Dfts mtn for summary judgment be denied. On 9/4/12, Dfts filed objections to the mjs r and r 57 & 58 ). One objn set forth by Dfts was that the c omplaint should be dismissed as moot. Thebasis for the underlying suit is that Dfts denied Pltf cataract surgery onhis right eye. That surgery was performed on 8/13/12. Pltf requested that a stay of the proceedings be granted as he was in transit and did not have his file to respond to Dfts objns to the r and r. By order dated 9/27/12 68 , this court denied the mtn to stay proceedings but gave Pltf until 10/15/12 to respond to the mootness issue. To date, no response has been received. An appropriate order will be issued.Signed by Honorable Sylvia H. Rambo on 11/27/12. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GIL DAUGHTRY,
Plaintiff
v.
HARRELL WATTS, et al.,
Defendants

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CIVIL NO. 1:11-2210
Judge Rambo
Magistrate Judge Smyser

MEMORANDUM
On August 21, 2012, the Magistrate Judge to whom this matter was
referred filed a report (doc. 56) recommending that Defendants’ motion for
summary judgment be denied. On September 4, 2012, Defendants filed objections to
the magistrate judge’s report and recommendation (doc. 57 & 58). One objection
set forth by Defendants was that the complaint should be dismissed as moot. The
basis for the underlying suit is that Defendants’ denied Plaintiff cataract surgery on
his right eye. That surgery was performed on August 13, 2012.
Plaintiff requested that a stay of the proceedings be granted as he was in
transit and did not have his file to respond to Defendants’ objections to the report and
recommendation. By order dated September 27, 2012 (doc. 68), this court denied
the motion to stay proceedings but gave Plaintiff until October 15, 2012 to respond
to the mootness issue. To date, no response has been received. An appropriate order
will be issued.
s/Sylvia H. Rambo
United States District Judge
Dated: November 27, 2012.