Arnold v. Smith, 1:19-cv-750. (2020)
Court: District Court, M.D. Pennsylvania
Number: infdco20200123f66
Visitors: 17
Filed: Jan. 22, 2020
Latest Update: Jan. 22, 2020
Summary: ORDER YVETTE KANE , District Judge . AND NOW , on this 22nd day of January 2020, in accordance with the Memorandum accompanying this Order, IT IS ORDERED THAT : 1. Plaintiff's motion for reconsideration (Doc. No. 37) is DENIED ; 2. Plaintiff's second motion for summary judgment (Doc. No. 39) is DENIED AS PREMATURE . This denial is WITHOUT PREJUDICE to Plaintiff's right to file a subsequent motion for summary judgment after discovery concludes or at some other appropriate time; 3. P
Summary: ORDER YVETTE KANE , District Judge . AND NOW , on this 22nd day of January 2020, in accordance with the Memorandum accompanying this Order, IT IS ORDERED THAT : 1. Plaintiff's motion for reconsideration (Doc. No. 37) is DENIED ; 2. Plaintiff's second motion for summary judgment (Doc. No. 39) is DENIED AS PREMATURE . This denial is WITHOUT PREJUDICE to Plaintiff's right to file a subsequent motion for summary judgment after discovery concludes or at some other appropriate time; 3. Pl..
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ORDER
YVETTE KANE, District Judge.
AND NOW, on this 22nd day of January 2020, in accordance with the Memorandum accompanying this Order, IT IS ORDERED THAT:
1. Plaintiff's motion for reconsideration (Doc. No. 37) is DENIED;
2. Plaintiff's second motion for summary judgment (Doc. No. 39) is DENIED AS PREMATURE. This denial is WITHOUT PREJUDICE to Plaintiff's right to file a subsequent motion for summary judgment after discovery concludes or at some other appropriate time;
3. Plaintiff's third motion for summary judgment (Doc. No. 47) and brief in support (Doc. No. 48) are DEEMED to be his brief in opposition to Defendants' motion to dismiss (Doc. No. 45), and the Clerk of Court is directed to amend the docket in the above-captioned case to reflect this;
4. Defendants' motion to dismiss (Doc. No. 45) is GRANTED IN PART and DENIED IN PART as follows:
a. The motion (Doc. No. 45) is GRANTED with respect to Plaintiff's claims against Defendant Wetzel, and the Clerk of Court is directed to terminate Defendant Wetzel from the docket in the above-captioned case;
b. The motion (Doc. No. 45) is DENIED with respect to Plaintiff's claims against Defendants Smith, McCoy, and Wenerowicz;
5. Plaintiff's motion to appoint counsel (Doc. No. 41) is conditionally GRANTED. The Clerk of Court shall forward a copy of this Order to the Chair of the Federal Bar Association's Pro Bono Committee, Michael A. O'Donnell, Esq., O'Donnell Law Offices, 267 Wyoming Ave., Kingston, Pennsylvania, 18704, for the purpose of obtaining counsel for Plaintiff; and
6. All filing obligations and other deadlines are STAYED for forty-five (45) days while Attorney O'Donnell attempts to find counsel to represent Plaintiff. Plaintiff is advised that if the Court is unable to find counsel to represent him, he will be required to continue with his case pro se.
Source: Leagle
