Barlow, et al v. Ebbert et al

Filing 90

ORDER: In accord with the accompanying Memorandum 89 ; 1. Pltfs mtn for a TRO and PI 2 ), is DENIED;2. Pltf Wilsons mtn pursuant to Federal Rule of Evidence 201 63 , is DENIED as moot;3. Pltf Raileys mtn for leave to file an amended complaint 65 , is DENIED without prejudice;4. Pltf Raileys mtn for reconsideration 68 , is DENIED;5. Pltf Raileys mtn to sever party from action 81 , is GRANTED as follows:a. The claims of Pltf Nathan Railey will proceed under this matter, No. 18-cv-716;b. The Clerk of Court is DIRECTED to open the claims of Pltfs Camden Barlow, Christopher Alvarez, Terrell Wilson, Doreteo Garcia, and Juan C. Valles in new, individual actions. The original filing date of Pltfs claims will be preserved; c. The complaint (Do c. No. 1), the respective prisoner authorization forms and administrative orders (Doc. Nos. 10, 20, 22, 34, 37, 43-45, 47, 48), waivers of service forms (Doc. Nos. 40, 55), and copy of this Memorandum and Order will be docketed in each individual Plt fs action;d. Each Pltf shall file an amended complaint within (30) days from the date of this Order. If a Pltf fails to file an amended complaint within the time prescribed herein, the Court will direct Dfts to respond to the remaining FirstAmendment mail interference/enhancement claim as set forth in the original complaint (Doc. No. 1); and6. Dfts mtn to stay the proceedings 83 , is DENIED as moot.Signed by Honorable Sylvia H. Rambo on 10/10/18. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CAMDEN BARLOW, et al.,
Plaintiffs
v.
WARDEN DAVID J. EBBERT,
et al.,
Defendants

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No. 1:18-cv-00716
(Judge Rambo)

ORDER
AND NOW, on this 10th day of October 2018, in accordance with the
accompanying Memorandum, IT IS ORDERED THAT:
1. Plaintiffs’ motion for a temporary restraining order and preliminary
injunction (Doc. No. 2), is DENIED;
2. Plaintiff Wilson’s motion pursuant to Federal Rule of Evidence 201
(Doc. No. 63), is DENIED as moot;
3. Plaintiff Railey’s motion for leave to file an amended complaint (Doc.
No. 65), is DENIED without prejudice;
4. Plaintiff Railey’s motion for reconsideration (Doc. No. 68), is DENIED;
5. Plaintiff Railey’s motion to sever party from action (Doc. No. 81), is
GRANTED as follows:
a. The claims of Plaintiff Nathan Railey will proceed under this
matter, No. 18-cv-716;
b. The Clerk of Court is DIRECTED to open the claims of Plaintiffs
Camden Barlow, Christopher Alvarez, Terrell Wilson, Doreteo
Garcia, and Juan C. Valles in new, individual actions. The original
filing date of Plaintiffs’ claims will be preserved;
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c. The complaint (Doc. No. 1), the respective prisoner authorization
forms and administrative orders (Doc. Nos. 10, 20, 22, 34, 37, 4345, 47, 48), waivers of service forms (Doc. Nos. 40, 55), and copy
of this Memorandum and Order will be docketed in each individual
Plaintiff’s action;
d. Each Plaintiff shall file an amended complaint within thirty (30)
days from the date of this Order. If a Plaintiff fails to file an
amended complaint within the time prescribed herein, the Court
will direct Defendants to respond to the remaining First
Amendment mail interference/enhancement claim as set forth in
the original complaint (Doc. No. 1); and
6. Defendants’ motion to stay the proceedings (Doc. No. 83), is DENIED
as moot.

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

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