ORDER A. RICHARD CAPUTO , District Judge . NOW, this 14 th day of December, 2015, upon review of the Report and Recommendation of Magistrate Judge Mehalchick (Doc. 8) for plain error or manifest injustice, IT IS HEREBY ORDERED that: (1) The Report and Recommendation (Doc. 8) is ADOPTED in its entirety. (2) The Clerk of Court is directed to mark the case as CLOSED.
REPORT AND RECOMMENDATION TO VACATE THE DECISION OF THE COMMISSIONER AND REMAND FOR FURTHER PROCEEDINGS Docs. 1, 8, 9, 11, 14 GERALD B. COHN , Magistrate Judge . REPORT AND RECOMMENDATION I. Introduction The above-captioned action is one seeking review of a decision of the Commissioner of Social Security ("Commissioner") denying the application of Plaintiff Howard Burns for supplemental security income ("SSI") under the Social Security Act, 42 U.S.C. 401-433, 1382-1383 (the "Act")....
ORDER ROBERT D. MARIANI , District Judge . AND NOW, THIS 8th DAY OF DECEMBER, 2015, upon review of Magistrate Judge Saporito's Report & Recommendation (Doc. 17) for clear error and manifest injustice, 1 IT IS HEREBY ORDERED THAT: 1. The Report & Recommendation (Doc. 17) is ADOPTED, for the reasons discussed therein. 2. The Commissioner's decision is VACATED. 3. The case is REMANDED to an Administrative Law Judge for further proceedings consistent with this Order. 4....
MEMORANDUM MALACHY E. MANNION , United States District Judge . Pending before the court is a motion to dismiss the plaintiff's Complaint, (Doc. 1), filed on behalf of defendants Ronald Thomas, Jason Thomas, John Masco, and Kevin M. Bishop, for failure to state a claim upon which relief may be granted. (Doc. 10). For the reasons that follow, the motion to dismiss will be DENIED. I. RELEVANT BACKGROUND The plaintiff, Michael E. Aspinall, served as a correctional officer from 1997 to...
REPORT AND RECOMMENDATION MARTIN C. CARLSON , Magistrate Judge . I. Statement of Facts and of the Case This pro se prisoner lawsuit previously came before us for consideration of a motion to dismiss filed by Kimberly Montanredes, (Doc. 23), a defendant who is employed at a prison nurse at the Pike County Correctional Facility. In the Winter of 2014, the plaintiff, Jose Hernandez-Tirado, was an inmate housed in the Pike County Correctional Facility. Hernandez-Tirado's complaints...
REPORT AND RECOMMENDATION TO VACATE THE DECISION OF THE COMMISSIONER AND REMAND FOR FURTHER PROCEEDINGS GERALD B. COHN , Magistrate Judge . I. Introduction The above-captioned action is one seeking review of a decision of the Commissioner of Social Security ("Defendant") denying the application of Mary S. Shoemaker ("Plaintiff") for supplemental security income ("SSI") under the Social Security Act, 42 U.S.C. 401-433, 1382-1383 (the "Act") and Social Security Regulations, 20 C.F.R....
ORDER GERALD J. PAPPERT , District Judge . AND NOW, this 23rd day of December, 2015, upon consideration of the Motions to Dismiss filed by Defendants John Lott, Sheila Gantz, Bear Mountain Realty, Richard E. Thrasher, Joseph Miller and the Estate of Catherine M. Miller (ECF No. 31), Michael A. George (ECF No. 36), Edward R. Puhl (ECF No. 40) and Yvette Kane (ECF No. 59) (collectively, "the Motions"), and Plaintiff's opposition thereto (ECF Nos. 39, 51, 53, 64) it is ORDERED that the...
MEMORANDUM GERALD J. PAPPERT , District Judge . Plaintiff James Duffy ("Duffy") filed this lawsuit against Defendants John Lott ("Lott"), Sheila Gantz ("Gantz"), Bear Mountain Realty, Edward Puhl ("Puhl"), Richard E. Thrasher ("Thrasher"), Joseph Miller and the Estate of Catherine Miller (collectively the "Litigants"), and Adams County Common Pleas Court Judge Michael A. George ("Judge George") and United States District Judge Yvette Kane ("Judge Kane"). Duffy complains of actions taken...
MEMORANDUM JOSEPH F. SAPORITO, Jr. , Magistrate Judge . This is a pro se prisoner civil rights action which comes before the court on a motion by the plaintiff to compel discovery (Doc. 40). See generally Mala v. Crown Bay Marina, Inc. , 704 F.3d 239 , 244-46 (3d Cir. 2013) (discussing a court's obligation to liberally construe pro se pleadings and other submissions, particularly when dealing with imprisoned pro se litigants). I. Background. In his original complaint, plaintiff...
REPORT AND RECOMMENDATION TO DENY PLAINTIFF'S APPEAL Docs. 1, 5, 6, 7, 8 GERALD B. COHN , Magistrate Judge . REPORT AND RECOMMENDATION I. Introduction The above-captioned action is one seeking review of a decision of the Commissioner of Social Security ("Defendant") denying the application of Matthew Walter Liddic ("Plaintiff") for disability insurance benefits ("DIB") under the Social Security Act, 42 U.S.C. 401-433, 1382-1383 (the "Act"). Plaintiff asserts disability as a result...
REPORT AND RECOMMENDATION MARTIN C. CARLSON , Magistrate Judge . I. Statement of Facts and of the Case This case involves a habeas corpus petition filed by Kevin Marlowe, a federal prisoner housed in a half-way house, the Capitol Pavilion challenging disciplinary proceedings conducted at this facility. (Doc. 1.) On December 11, 2015, we directed the government to respond to this petition. While we were awaiting that response, on December 14, 2015, Marlowe filed a pleading which...
REPORT AND RECOMMENDATION JOSEPH F. SAPORITO, Jr. , Magistrate Judge . I. INTRODUCTION Plaintiff, Roger Lee Cantelupe ("Cantelupe"), an adult individual who resides within the Middle District of Pennsylvania, seeks judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying his claims for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. Jurisdiction is conferred on this Court...
REPORT AND RECOMMENDATION SUSAN E. SCHWAB , Magistrate Judge . In this civil action, proceeding via a second amended complaint, the pro se plaintiff, Mario A. Agostini ("Agostini"), currently a pre-trial detainee at Pike County Correctional Facility ("PCCF"), raises 42 U.S.C. 1983 federal constitutional claims against Pike County; PCCF employees and medical staff; and Prime Care Medical, which is PCCF's medical provider. Agostini's claims stem from incidents that occurred at PCCF....
ORDER A. RICHARD CAPUTO , District Judge . NOW, this 17 th day of December, 2015, upon review of the Report and Recommendation of Magistrate Judge Joseph F. Saporito (Doc. 30) for plain error or manifest injustice, IT IS HEREBY ORDERED that: (1) The Report & Recommendation (Doc.30) is ADOPTED in its entirety; (2) Pike County Defendants' Motion to Dismiss (Doc. 11) is GRANTED in part and DENIED in part; (a) Plaintiff's claims against official-capacity defendants Pike County...
ORDER A. RICHARD CAPUTO , District Judge . NOW, this 17 th day of December, 2015, upon review of the Report and Recommendation of Magistrate Judge Saporito (Doc. 41) for plain error or manifest injustice, IT IS HEREBY ORDERED that: (1) The Report and Recommendation (Doc. 41) is ADOPTED in its entirety. (2) Plaintiff's Amended Complaint (Doc. 9) is DISMISSED without prejudice. (3) The Clerk of Court is directed to mark the case as CLOSED.
Memorandum RICHARD P. CONABOY , District Judge . We consider here Plaintiff's Motion for Judgment on the Pleadings (Doc. 25) in the above-referenced case, an Interpleader action in which the Plaintiff, Jackson National Life Insurance Company, is currently holding the proceeds of three life insurance policies on the life of decedent Flora Yurkanin, late of West Newton, Pennsylvania. Plaintiff is beset by competing claims to the proceeds of these policies from those listed as the current...
MEMORANDUM WILLIAM J. NEALON , District Judge . On November 7, 2014, Plaintiff, Michael Hines, filed this instant appeal 1 under 42 U.S.C. 405(g) for review of the decision of the Commissioner of the Social Security Administration ("SSA") denying his applications for disability insurance benefits ("DIB") and supplemental security income ("SSI") 2 under Titles II and XVI of the Social Security Act, 42 U.S.C. 1461, et seq and U.S.C. 1381 et seq , respectively. (Doc. 1). The...
ORDER MATTHEW W. BRANN , District Judge . AND NOW, in accordance with the Memorandum of this same date, IT IS HEREBY ORDERED THAT the Stipulation of Confidentiality 1 entered into by the parties on March 15, 2012 is modified to include the following provisions: 1. Section 6(c): "the individual Parties, the deposition designees for the entity Parties, the counsel of record to the parties to this action and members and employees of the law firm of such counsel of record." 2. Section 6(e):...
MEMORANDUM MATTHEW W. BRANN , District Judge . Following a telephonic conference call with the Court and review of correspondence filed by the parties 1 concerning multiple discovery disputes, the parties were ordered to submit briefs on the issue of Plaintiffs' Linda Metcalf, Michelle Hartly, Film West Productions, SunWest Capital Management, Inc. (D/B/A Spirit Halloween), and Do You Know Where Your Parents Are, LLC (collectively "Plaintiffs") proposed modification of a protection order...
ORDER MATTHEW W. BRANN , District Judge . AND NOW , this 29th day of December 2015, IT IS HEREBY ORDERED that: 1. Defendant PPL's Motion for Rule 11 Sanctions, ECF No. 38, is GRANTED. 2. In accordance with the accompanying Memorandum, Donald P. Russo, Esquire, is hereby found to have violated Rule 11 on a second occasion in the United States District Court for the Middle District of Pennsylvania. 3. In accordance with the accompanying Memorandum, Donald P. Russo, Esquire, is hereby...
