Hampton v. Wetzel et al

Filing 32

ORDER (Memorandum 31 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Partial MTD 19 by Comm defts GRANTED in part & DENIED in part... (see Paras 1a-c for specfics).; 2. MTD 16 by defts Bernard & Koltay GRANTED in part & DENIED in part... (see Paras 2a-e for specifics).; 3. Pltf shall SHOW CAUSE w/in 20 days of date of this order why deft Doe, Chief Hrg Exam of DOC should not be dismissed from this action... w/ failure to respond to result in dismissal of this deft. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/21/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

SHAWN HAMPTON,
Plaintiff
v.
JOHN E. WETZEL, et al.,
Defendants

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CIVIL NO. 1:15-CV-898
(Chief Judge Conner)

ORDER
AND NOW, this 21st day of March, 2016, upon consideration of defendants’
motions (Docs. 16, 19) to dismiss, and for the reasons set forth in the court’s
memorandum of the same date, it is hereby ORDERED that:
1.

The partial motion (Doc. 19) to dismiss filed by the Commonwealth
defendants is GRANTED in part and DENIED in part, as follows:
a. The claims set forth in the complaint with respect to defendants
Tim Miller, William Williams, Scott Ellensberg, Christopher Moore,
and James Pringle are DISMISSED in their entirety.
b. The Clerk of Court is directed to TERMINATE defendants Tim
Miller, William Williams, Scott Ellensberg, Christopher Moore, and
James Pringle as parties to this action.
c. The claims set forth in the complaint with respect to defendants
Deborah Young, Ryan Eby, John Wetzel, and Steven Glunt are
DISMISSED, except the claim related to the incident in the law
library at SCI-Rockview on July 15, 2014.

2.

The motion (Doc. 16) to dismiss filed by defendants Bernard and
Koltay is GRANTED in part and DENIED in part, as follows:
a. The Eighth Amendment claim against defendants Bernard and
Koltay regarding the failure to order Excedrin is DISMISSED.
b. The Eighth Amendment claim against defendants Bernard and
Koltay regarding the change of asthma inhalers is DISMISSED.
c. The motion to dismiss the Eighth Amendment claim against
defendants Bernard and Koltay regarding the discontinuation of
pain medication is DENIED.
d. The Fourteenth Amendment Equal Protection claim against
defendants Bernard and Koltay is DISMISSED
e. The First Amendment Retaliation claim against defendants
Bernard and Koltay is DISMISSED.

3.

Plaintiff shall SHOW CAUSE within twenty (20) days of the date of this
order why defendant John/Jane Doe, Chief Hearing Examiner of the
DOC should not be DISMISSED from this action pursuant to Rule
4(m) of the Federal Rules of Civil Procedure, as this individual has not
been identified or served within 120 days of the date on which he/she
was named as a defendant in this case. See FED. R. CIV. P. 4(m).
Failure to respond shall result in the dismissal of this defendant.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

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