Pew v. Harris et al

Filing 176

ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED THAT: 138 MOTION to Appoint Counsel is denied without prejudice; 140 MOTION for Reconsideration re 137 Order on Motion for Discovery is denied; 143 MOTION to Compel Discovery is granted only to the extent that within 3o days, Defendants are to provide any color photos of Plaintiff in the restraint chair on the date in question and any photos of his injuries; 149 MOTION for Preliminary Injun ction and 151 MOTION to Stay MOTION to Appoint Counsel are denied as moot; 153 156 157 MOTIONS for Hearing are denied; 160 163 164 165 MOTIONS to Compel Discovery are granted to the extent that Plaintiff is to provide the court with a report within 30 days stating what records he has been allowed to review, but not given the opportunity to copy; 168 169 MOTIONS to Compel Discovery filed are denied; and 174 MOTION Open Letter Motion to the Court is granted only to the extent that within 30 days the parties are to provide discovery status reports to the Court consistent with the Memorandum issued this date. (SEE ORDER FOR FURTHER DETAILS.) Signed by Honorable Matthew W. Brann on 4/11/2017. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ALFONSO PERCY PEW,

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Plaintiff,
v.
R.N. L. HARRIS, et al.,
Defendants.

Civil No. 3:12-CV-1984
(Judge Brann)

ORDER
APRIL 10, 2017
In accordance with the memorandum issued this date, IT IS HEREBY
ORDERED THAT:
1.

Plaintiff’s motion for counsel is denied without prejudice. September
22, 2016, ECF No. 138.

2.

Plaintiff’s motion for reconsideration is denied. September 26, 2016,
ECF No. 140.

3.

Plaintiff’s motion to compel discovery is granted only to the extent
that within thirty (30) days, Defendants are to provide any color
photos of Plaintiff in the restraint chair on the date in question and any
photos of his injuries taken by Daniel Zaremba at SCI-Frackville, to
the extent they exist. The motion is denied in all other respects.
September 26, 2016, ECF No. 143.

4.

Plaintiff’s motion for injunction and motion to stay discovery or
appoint counsel are denied as moot. October 28, 2016, ECF Nos.
149, 151.

5.

Plaintiff’s motions for a telephonic conference/Court intervention are
denied. November 1, 9 and 27, 2016, ECF Nos. 153, 156 and 157.

6.

Plaintiff’s motions to compel discovery are granted to the extent that
Plaintiff is to provide the Court with a report within thirty (30) days
stating what records he has been allowed to review, but not given the
opportunity to copy. Upon receipt, the Court will issue an Order
directing that said documents be produced at Plaintiff’s current place
of confinement and that he be provided ample time to review and
copy said documents. The motions are further granted in that
Defendants are to provide Plaintiff, within thirty (30) days, with any
photos taken by RN Dan Zaremba at SCI-Frackville of the injuries
allegedly sustained by Plaintiff on the date in question, and the last
known name and address of the manufacturer of the chair used in the
alleged incident, along with any instructions, warnings and the serial
number pertaining to the chair used, if such can be determined.
Defendants are further directed to allow Plaintiff to view any video

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which exists from the cage camera with respect to the incident in
question. The motions are denied in all other respects. November
30, 2016, ECF Nos. 160, 163; December 1, 2016, ECF Nos. 164, 165.
7.

Plaintiff’s motions to compel are denied. December 22, 2016, ECF
Nos. 168, 169.

8.

Plaintiff’s Open Letter Motion to the Court is granted only to the
extent that within thirty (30) days, the parties are to provide discovery
status reports to the Court consistent with the Memorandum issued
this date. March 29, 2017, ECF No. 174. Following the receipt of
such, a dispositive motions deadline will be imposed.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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