HANKINS v. WOLF et al

Filing 90

ORDER denying 69 Motion for Preliminary Injunction, Motion for Sanctions, and Motion for TRO; denying 82 Motion for Preliminary Injunction, Motion for TRO, and Motion to Stay; overruling 89 Plaintiff's objections; and adopting 86 the Report and Recommendations as the opinion of the Court. Signed by Judge Terrence F. McVerry on 01/06/15. (mcp)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA Robert Hankins, Plaintiff, v. Wolf, et al. Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 1:12-168 District Judge Terrence F. McVerry Magistrate Judge Susan Paradise Baxter MEMORANDUM ORDER This case is before the Court on the pending Report and Recommendation filed by Magistrate Judge Baxter on December 19, 2014 (ECF No. 86).1 In the Report and Recommendation, Judge Baxter recommended that Plaintiffs’ motions for preliminary injunction (ECF Nos. 69, 82) be denied for lack of personal jurisdiction over the persons that he seeks to enjoin: employees of the Pennsylvania Department of Corrections employed at the State Correctional Institution at Camp Hill, Pennsylvania who are not named defendants in this action. In addition, Judge Baxter noted that if Plaintiff wishes to obtain injunctive relief against those individuals, he may do so by filing a separate action in the United States District Court for the Middle District of Pennsylvania, or by requesting injunctive relief in an existing action which he has pending in that jurisdiction. Plaintiff was served with the Report and Recommendation and informed that any objections were due on or before January 5, 2015. Plaintiff has since filed an objection (ECF No. 89). The Court finds that no response is required. After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered: 1. Counsel for defendants filed a response to Plaintiffs’ more recent motion (ECF No. 85), and Plaintiff filed a reply thereto (ECF No. 88). AND NOW, this 6th day of January, 2015: IT IS HEREBY ORDERED that the objections of Plaintiff are OVERRULED, that the Report and Recommendation is ADOPTED as the Opinion of the Court, and that the motions for preliminary objection are DENIED. By the Court: s/ Terrence F. McVerry Senior United States District Judge cc: ROBERT HANKINS DT-3209 SCI Camphill PO Box 200 Camp Hill, PA 17001-0200 (via first-class mail) Mary Lynch Friedline Email: mfriedline@attorneygeneral.gov 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?