Chandler v. Smith et al

Filing 28

ORDER (Memorandum 27 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Pltf's request to proceed IFP 2 GRANTED in part & DENIED in part.; 2. GR'd w/ re: 8th Amend deliberate indifference to serious med needs cla im vs defts Smith & Baker.; 2. DN'd w/ re: claims vs defts Diltz & Stover - those claims DISMISSED w/out prejudice pursuant to 28 USC 1915(g) & Clrk of Ct direced to TERM said defts.; 4. Clrk of Ct directed to FORWARD consolidated complaint 26 & copy of this order to USM for svc on defts Smith & Baker. ; 6. Pltf's motion to produce evidence 24 DENIED. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/24/14. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JOHNNY RAY CHANDLER, SR. : : Plaintiff : : v. : : MS. CINDY SMITH, MR. J. DILTZ, : MS. SUSAN STOVER, MR. : GREGORY BAKER, : : Defendants : CIVIL ACTION NO. 1:14-CV-0245 (Chief Judge Conner) ORDER AND NOW, this 24th day of June, 2014, in accordance with the court’s memorandum of the same date, it is hereby ORDERED that: 1. Plaintiff’s request to proceed in forma pauperis (Doc. 2) is GRANTED IN PART AND DENIED IN PART. 2. The motion is GRANTED with respect to the Eighth Amendment deliberate indifference to serious medical needs claim against defendants Smith and Baker. 3. The motion is DENIED with respect to the claims against defendants Diltz and Stover. Those claims are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g). The Clerk of Court is directed to TERMINATE these defendants. 4. The Clerk of Court is directed to FORWARD the consolidated complaint (Doc. 26) in this action and a copy of this order to the United States Marshal for service on defendants Cindy Smith and Gregory Baker. 5. Plaintiff’s motion (Doc. 24) to produce evidence is DENIED. /S/ CHRISTOPHER C. CONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania

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