James v. Varano et al

Filing 56

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT: 1. The Medical Defendants motion to dismiss (Doc. 30) is GRANTED IN PART and DENIED IN PART. 3. The Corrections Defendants motion to dismiss (Doc.31) is GRANT ED IN PART and DENIED IN PART. 10. All discovery shall be completed within ninety (90)days of the date of this order. 11.Any further dispositive motions shall be filed within thirty (30) days of the close of discovery. 12.James is granted 90 days from the date of this order in which to properly identify the John and Jane Doe defendants. 30 31 Signed by Honorable Yvette Kane on 8/31/16. SEE ORDER. (sc)

UNITED STATES DISTRICT COURT
FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
PARIS L. JAMES,

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Plaintiff
vs.
DAVID VARANO, et al.,
Defendants

No. 1:14-CV-01951
(Judge Kane)

ORDER
In accordance with the accompanying memorandum, IT IS
HEREBY ORDERED THAT:
1.

The Medical Defendants’ motion to dismiss (Doc. 30)

is GRANTED IN PART and DENIED IN PART as set forth below.
2.

James’s conspiracy claims, equal protection claims

and condition-of-confinement claims are DISMISSED.

In all other

respect the motion is DENIED.
3.

The Corrections Defendants’ motion to dismiss (Doc.

31) is GRANTED IN PART and DENIED IN PART as set forth below.
4.

The Corrections Defendants’ motion to dismiss the

official capacity claims is DEEMED MOOT.
5.

The Corrections Defendants’ motion to dismiss the

verbal harassment claims is GRANTED except with respect to
Defendants Mosier, Tripp and Else.
6.

The Corrections Defendants’ motion to dismiss the

equal protection claims is GRANTED.
7.

The Corrections Defendants’ motion to dismiss the

conspiracy claims is GRANTED except for Defendants Mosier, Tripp
and Else.
8. The Corrections Defendants’ motion to dismiss the
retaliation claims is GRANTED except for Defendants Mosier, Tripp
and Else.
9.

The Corrections Defendants’ motion to dismiss the

Eighth Amendment condition-of-confinement claims and medical care
claims is DENIED except for Defendants Varano and McCarthy.

The

claims against Defendants Varano and McCarthy are DISMISSED.
10.

All discovery shall be completed within ninety (90)

days of the date of this order.
11.

Any further dispositive motions shall be filed

within thirty (30) days of the close of discovery.
12.

James is granted 90 days from the date

of this order in which to properly identify the John and Jane Doe
defendants.

If James fail to timely identify those defendants,

they shall be dismissed from this action.

s/ Yvette Kane
Yvette Kane
United States District Judge
Date: August 31, 2016

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