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Moore v. Adams

United States District Court, Third Circuit

January 14, 2014

JUSTIN LATIK MOORE, Plaintiff,
v.
DENNIS CLAYTON ADAMS, II, et al., Defendants.

MEMORANDUM OPINION

ARTHUR J. SCHWAB, District Judge.

Relevant Procedural History

This civil rights action was filed on August 2, 2012. Plaintiff alleges that his constitutional rights were violated during his incarceration. Originally named as Defendants to this action were: Dennis Adams; Lt. Gill; Corrections Officers Rook, Thompson, Stoddard, Constanza, Zarichnak, Ochs, Speers, Dickey, Brian, Smith, Apodaca, McMahon, Duncan, Deer, Grassmeyer, Andrako, Barger, and Murin; Superintendent Debra Sauers; Health Care Administrator Donald Skunda; Nurse Matt; Physicians' Assistant Sherbine; and Registered Nurse Bell.[1]

A motion to dismiss by Defendants was granted resulting in the termination of several other Defendants[2] as well as several claims. See ECF Nos. 19, 20. However, because the motion to dismiss did not address all of Plaintiff's claims, several remain:

- An excessive use of force claim against Defendants Rook, Adams, and Thompson based upon the July 31st assault;
- Eighth Amendment claim against Defendant Murin based upon the wrongful confiscation of Plaintiff's medication;
- Eighth Amendment claim against Defendants Stoddard, Zarichrak, and Costanza based on the denial of underclothes and bedding while in the RHU;
- Eighth Amendment claim against Defendants Stoddard, Zarichrak, and Costanza based on the denial of medical attention while in the RHU;
- Eighth Amendment claim against Defendant Gill for deliberately celling Plaintiff with inmate Henry which resulted in a physical attack; and
- Eighth Amendment claim against Defendant Smith for deliberately double celling Plaintiff after the attack by Henry.

ECF No. 19.

By Order dated September 3, 2013, United States Magistrate Judge Baxter issued a Case Management Order setting deadlines for the parties. ECF No. 25. Among other things, the Order set a discovery period and directed that Plaintiff file a pre-trial narrative statement on or before December 23, 2013. The Order explained that the statement must contain a statement of the facts that will be offered by evidence at trial and must include a list of all exhibits and all witnesses for trial. In anticipation of an upcoming trial, the undersigned issued a Pretrial Order on November 26, 2013, setting jury selection and trial in this matter for April 7, 2013. ECF No. 26.

Plaintiff failed to file a pretrial narrative statement as ordered. By Order dated December 31, 2013, Magistrate Judge Baxter directed that Plaintiff show cause before January 7, 2014, for his failure to file the pretrial narrative statement. ECF No. 27. On January 10, 2014, Magistrate Judge Baxter received a letter from Plaintiff (ECF No. 28), wherein he explains that he had not received any correspondence from this Court since September 2013 (presumably Magistrate Judge Baxter's Case Management Order), that he did not know he had to file a pretrial narrative statement, and requests that ...


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