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Stratton v. Tony

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


October 2, 2006

ROBERT T. STRATTON, PLAINTIFF,
v.
COIII. LT. J.A. TONY; MS. DIANE MANSON, CORRECTIONAL HEALTH CARE ADMINISTRATOR; MR. DOC. NO. 30 LOUIS FOLINO SUPERINTENDENT; MR. THOMAS (ACTION) JACKSON, DEPUTY SUPERINTENDENT; COI M. (SHEEPMAN) EITNER; MS. MICHELLE (JEZABELL) DIGGS; PHYSICIAN ASSISTANT; MS. S. (BABY ELEPHANT) HICKMAN, PHYSICIAN ASSISTANT; MS. N. ZIEGLER, PHYSICIAN ASSISTANT; MR. (DR.) FALOR, PHYSICIAN; COI. J.A. (SNAKE) MORRIS; COI. (GRAVEDIGGER) GRAVES; MS. MARY ANN (UPIG'IK) MISTRIK, DISCIPLINARY HEARING EXAMINER; COI. (TEA BAG) SPECHT; MR. DAN DAVIS, GRIEVANCE COORDINATOR/SUPERINTENDENT'S ASSISTANT; MR. ERIC DOE, MAIL INSPECTOR #4; COIII. LT. D.P. (BUDA) MEIGHEN; COIII. LT. (RAM) WORKMAN; COII. SGT. (BA'KIA) KENNEDY; COI (DOOFUS) DURKACS; COIII. LT. (BRUTIS) SANTOYO; COII. SGT. (WEASEL) MICHNIAK; COI. (BLUE DEVIL) ROHRER; COIII. LT. (RALPH) AUGUSTINO; COI. W. (MASK) KRONARDER; COII. SGT. (ACE) BARKEFELT; COI. (CRAP) NOAK; COI. (NOSE) ZSOMBROKY; COI. (HUNCHBACK) YOUNKIN; JOHN DOE, OPTOMETRIST; JOHN DOE, WHITE MALE NURSE; COI. CREE; COI. F.L. (BOOK) COLE; COI. (CORNBREAD) ANDERSON; COI. ARDABELL; COI. (CROTCH) CROUCH; COII. SGT. (CAVEMAN) CHAPMAN; COIII. LT. (HOOK) KIRBY; COII. SGT. CONNOR; COI. CONN; COII. SGT. KRANDAS; COII. SGT. STEWART, (GROUND HOG); COIII. LT. LEGGETTE; COI. J. QUATTRO; MR. DAVID DAY, UNIT MANAGER; MS. TAMI HOOKER, REVEREND; MR. M. SMITH, ACTIVITIES; COI. O.R. DAVIS COV. MAJ. MARTIN; COIV. CAPT. (SLAP HAPPY) NORMAN; COIV. CAPT. GRAINEY; MS. JEAN W. SCOTT, BUSINESS MANAGER; MS. DENISE DOE, (WHITE FEMALE NURSE); MS. DIANE DOE,(WHITE FEMALE NURSE); MS. KELLIS GETTY, NURSE; MR. "JOHN DOE" (BROWN),(WHITE MALE NURSE); JOHN DOE, (WHITE ) MALE NURSE) (EARL); MR. KAHN, (DR.) PSYCHIATRIST; MR. DITTS, PSYCHOLOGIST; MR. DANOTO, PSYCHOLOGIST; MR. CRISTINI, COUNSELOR (FORMER ) COI); COI. TREECE; MR. DAVID SACKS, PSYCHOLOGIST; MS. BARBARA DOE, (WHITE FEMALE NURSE); MS. ALTMAN, (WHITE FEMALE NURSE); MS. JANE DOE, (WHITE FEMALE NURSE); JOHN DOE, (WHITE MALE NURSE) (ELVIS); JOHN DOE, (WHITE MALE NURSE) (HOTT); JANE DOE, (WHITE FEMALE NURSE) (HAGGARTHA); MS. ANGELA DOE (WHITE FEMALE NURSE); MR. ROBERT BITNER, CHIEF HEARING EXAMINER; COI. (HERPY) STEPHEN; COI. A.A. (BONES) MORRIS, DEFENDANTS

The opinion of the court was delivered by: Magistrate Judge Lisa Pupo Lenihan

Chief Judge Donetta W. Ambrose

ORDER

Pending before the Court is a Motion for Stay of Proceedings. The basis for this motion is Plaintiff's allegations that he filed an Amended Complaint on August 31, 2006, which he says has not been filed. He requests a stay to explore what happened to this document.

A search of the docket (A copy of which is included herewith) reveals that indeed an Amended Complaint was docketed with this Court on September 1, 2006. This Amended Complaint was against the named defendants as listed on the docket. A Second Amended Complaint, naming yet additional defendants was docketed on September 19, 2006. It appears, therefore, that Plaintiff's request for stay if based upon faulty information as both of his amended complaints have been received by the Court. It is noted, however, that the amended complaints cannot be served until the Court receives a copy of each of the Amended Complaints for EACH of the named defendants, together with appropriately completed service forms. Therefore,

IT IS HEREBY ORDERED, this 2nd day of October, 2006, that Plaintiff's Motion for Stay (Doc. No. 30) is DENIED.

IT IS FURTHER ORDERED that Plaintiff is allowed ten (10) days from this date to appeal this order to a district judge pursuant to Rule 72.1.3(B) of the Local Rules for Magistrates. Failure to appeal within ten (10) days may constitute waiver of the right to appeal.

Lisa Pupo Lenihan United States Magistrate Judge

20061002

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