Snider v. Pennsylvania DOC et al

Filing 170

ORDER ADOPTING REPORT AND RECOMMENDATION; denying 84 Motion ; denying 88 Motion to Amend/Correct; granting 95 Motion for Extension of Time to File; denying 97 Motion to Extend Time; granting 99 Motion for Extension of Time to File; den ying 102 Motion to Extend Time; denying 107 Motion to Dismiss for Failure to State a Claim; denying 111 Motion for Preliminary Injunction; denying 111 Motion for TRO; denying 115 Motion to Vacate ; denying 116 Motion to Extend Time; denying 122 Motion for TRO; denying 127 Motion to Extend Time; granting 128 Motion to Extend Time; granting 129 Motion to Extend Time; denying 130 Motion to Extend Time; denying 135 Motion to Extend Time; denying 136 Motion to E xtend Time; denying 138 Motion to Extend Time; denying 141 Motion; Plaintiff's objections to the December 18, 2015 orders are overruled; denying 144 Motion to Withdraw ; denying 147 Motion to Extend Time; granting 148 Motion to St rike ; granting 150 Motion for Leave to File; granting 154 Motion to Strike ; granting 160 Motion for Leave to File; Clerk directed to file the amended complaint; no further amendments will be granted; this case is remanded to MagJudge Schwa b to conduct judicial screening of this amended complaint; remaining defendants have 14 days from the issuance of a final order concerning MagJudge Schwab's screening decision to file a responsive dispositive motion. Signed by Honorable Matthew W. Brann on 9/30/16. (see order for further/complete details)(lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOEL SNIDER,
Plaintiff,
v.
PENNSYLVANIA DOC, et al.,
Defendants.

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Case No. 4:15-CV-00951
(Judge Brann)

(Magistrate Judge Schwab)

ORDER
September 30, 2016
AND NOW, in accordance with the Memorandum of this same date, IT IS
HEREBY ORDERED THAT:
1. United States Magistrate Judge Susan E. Schwab’s Report and
Recommendation (ECF No. 140) is ADOPTED in its entirety.
2. Plaintiff’s Motions for Preliminary Injunction (ECF Nos. 111 & 122) and
to Respond to the PA DOC’s Briefs in Opposition (ECF Nos. 127, 135,
& 136) are therefore DENIED.
3. Plaintiff’s Motions for Extension of Time to Appeal the September 18,
2015 Order (ECF Nos. 97, 115, & 116) are DENIED.
4. Plaintiff’s “Motion to Correct Order on Motion for Miscellaneous Relief”
(ECF No. 88), and Plaintiff’s Motion for Extension of Time to Object to
Magistrate Judge Schwab's Order (ECF No. 102) are DENIED.
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5. Plaintiff’s “Motion For Relief From Order And Proceeding Regarding
"Plaintiff's Motion For Exemption From Seeking Remedies Within The
Pennsylvania Department Of Corrections" Under Rule 60(b)(1)” (ECF
No. 84) is DENIED.
6. Plaintiff’s Motion for Extension of Time to File Objections to Decisions
Made by Magistrate Judge Schwab at Status Conference on 12/1/15 (ECF
No. 95), Motion for Extension of Time to File Objections to Magistrate
Judge Schwab’s Decision (ECF No. 99), Motion for Extension of Time
to Object To Document #91 (ECF No. 128), and Motion for Extension of
Time to Object to Document #92 (ECF No. 129) are GRANTED.
7. Plaintiff’s Motion To Object To Magistrate Judge Schwab's Orders of
12/18/15 (ECF No. 141) is DENIED. Plaintiff’s Objections to the
December 18, 2015 Orders are OVERRULED.
8. Plaintiff’s Motion for Extension of Time to Object to the Report and
Recommendation of March 7, 2016 (ECF No. 130), and Motion for an
Extension of Time to File A Response to PA Doc's Brief in Opposition to
Plaintiff's Objections (ECF No. 138) are DENIED.
9. Plaintiff’s “Motion to Withdraw Motion to Order the Pennsylvania
Department of Corrections to give Plaintiff's Medication as Prescribed”
(ECF No. 144) is DENIED.
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10. Defendants Union County and Warden Shaffer’s Second Motion to
Dismiss for Failure to State a Claim (ECF No. 107) is DENIED.
11. PA DOC Defendants’ Motion to Strike Plaintiff’s Objections to the
Order dated May 2, 2016 (ECF No. 148) is GRANTED.
12. PA DOC Defendants’ Motion to Strike Objections to the Report and
Recommendation of May 3, 2016 (ECF No. 154) is GRANTED, and
Plaintiff’s Motion for Extension of Time to Object to the Report and
Recommendation of May 3, 2016 (ECF No. 147) is DENIED.
13. Plaintiff’s Motion for Leave to File a Supplement Complaint (ECF No.
150), and Motion for Leave to File an Amended Complaint (ECF No.
160) are GRANTED. The Clerk is directed to file the Amended
Complaint. No further amendments will be granted.
14. This case is remanded to Magistrate Judge Susan E. Schwab to conduct
judicial screening of this Amended Complaint pursuant to 28 U.S.C. §
1915A and 42 U.S.C. § 1997e(a)
15. Remaining Defendants will have fourteen (14) days from the issuance
of a final Order of this Court concerning Magistrate Judge Schwab’s
screening decision to file a responsive dispositive motion.
16. The Court will accept no further motions until the Defendants have filed
their dispositive motions. Plaintiff, should he nevertheless feel the need
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to file a motion, shall first file a letter on the docket, no more than 3
pages, informing the Court why he should be granted leave to file such
motion.
17. The stay on discovery, as set forth in Magistrate Judge Schwab’s Order
of December 18, 2015, will remain in place until further Order by the
Court.

BY THE COURT:

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

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