Rosa-Diaz v. Harry et al

Filing 23

ORDER: In accord with the accompanying Memorandum 22 ; 1. The r and r of M.J. Carlson 17 is ADOPTED.2. The complaint is dismissed with respect to supervisory dfts Zobitne, Moore, Heist, Harry and Woodside.3. The Eighth Amendment conditions of conf inement claims against dfts Tobias, Weiss, Horner, Gouse and Maxwell, as set forth in paragraphs 127-140 of the amended complaint, are dismissed.4. This action shall proceed against Dfts Alieniello, Arnold, Dempsey, J. Digby, R. Gimble, Iachini, John son, McBeth, Rost, Walsh, and A. Woods.5. As expeditiously as possible, the Clerk of Court is specially appointed to serve a copy of the complaint, notice of lawsuit and request for waiver of service of summons, waiver, and this order on each dft. Th e court requests thatdfts cooperate in efforts to simplify case administration by waiving service pursuant to FRCP 4(d).1 The waiver requests shall inform the dfts both of the consequences of compliance and of failure to comply with the requests. The dfts are permitted 30 days from the date the waiver requests are sent(60 days if addressed outside any judicial district of the United States) to return the signed waivers or electronically file them in the courts Electronic Case Filing (ECF) system . If a signed waiver is not returned or electronically filed with the required time, an order shall be issued directing the Clerks office to transmit the summons and a copy of thecomplaint to the U.S. Marshals Service for immediate service under FRCP 4(c)(1).6. The pltf shall immediately advise the court of any change in address. Failure to do so may result in dismissal for failure to prosecute if the court and other parties are unable to serve pleadings, orders and other documents upon pltf. Signed by Honorable Sylvia H. Rambo on 4/6/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GABRIEL ROSA-DIAZ,
Plaintiff,
v.
LAUREL HARRY, et al.,
Defendant.

:
:
:
:
:
:
:
:
:

Civil No. 1:16-cv-2303

Magistrate Judge Carlson
Judge Sylvia H. Rambo

ORDER
AND NOW, this 6th day of April, 2017, IT IS HEREBY ORDERED
AS FOLLOWS:
1. The report and recommendation of the magistrate judge
(Doc. 17) is ADOPTED.
2. The complaint is dismissed with respect to supervisory
defendants Zobitne, Moore, Heist, Harry and Woodside.
3. The Eighth Amendment conditions of confinement claims
against defendants Tobias, Weiss, Horner, Gouse and
Maxwell, as set forth in paragraphs 127-140 of the amended
complaint, are dismissed.
4. This action shall proceed against Defendants Alieniello,
Arnold, Dempsey, J. Digby, R. Gimble, Iachini, Johnson,
McBeth, Rost, Walsh, and A. Woods.
5. As expeditiously as possible, the Clerk of Court is specially
appointed to serve a copy of the complaint, notice of lawsuit
and request for waiver of service of summons, waiver, and
this order on each defendant. The court requests that
defendants cooperate in efforts to simplify case
administration by waiving service pursuant to Federal Rule

of Civil Procedure 4(d).1 The waiver requests shall inform
the defendants both of the consequences of compliance and
of failure to comply with the requests. The defendants are
permitted 30 days from the date the waiver requests are sent
(60 days if addressed outside any judicial district of the
United States) to return the signed waivers or electronically
file them in the court’s Electronic Case Filing (ECF) system.
If a signed waiver is not returned or electronically filed with
the required time, an order shall be issued directing the
Clerk’s office to transmit the summons and a copy of the
complaint to the U.S. Marshals Service for immediate
service under Federal Rule of Civil Procedure 4(c)(1).
6. The plaintiff shall immediately advise the court of any
change in address. Failure to do so may result in dismissal
for failure to prosecute if the court and other parties are
unable to serve pleadings, orders and other documents upon
plaintiff.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge

1

The intent of this order is to administer this matter in a manner consistent with Federal Rule of
Civil Procedure 1, “to secure the just, speedy, and inexpensive determination of every action.”
2