GRAZIANO v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al, No. 1:2022cv00163 - Document 50 (W.D. Pa. 2022)
Court Description: MEMORANDUM OPINION and ORDER re 45 MOTION for Discovery filed by EDWARD GRAZIANO. Plaintiff's motion for limited discovery to identify Librarian Crowley is DENIED as moot. Plaintiff's motion for limited discovery to identify CERT Off icers #1-6 and CO 1 Witness of DC-141, Part 2D is GRANTED. Graziano will have until February 26, 2023, ninety days from the date of this Order, to conduct such limited discovery. Upon ascertaining the names of these Defendants, Plaintiff should promptly seek leave to amend his Complaint to substitute their names and to effectuate service. Signed by Chief Magistrate Judge Richard A. Lanzillo on 11/28/2022. (dlh)
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GRAZIANO v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al Doc. 50 Case 1:22-cv-00163-SPB-RAL Document 50 Filed 11/28/22 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ERIE DIVISION EDWARD GRAZIANO, ) ) ) 1:22-CV-00163-SPB ) ) RICHARD A. LANZILLO ) UNITED STATES MAGISTRATE JUDGE ) ) ) OPINION AND ORDER GRANTING IN ) PART AND DENYING IN PART ) PLAINTIFF'S MOTION FOR LIMITED ) DISCOVERY FOR PURPOSES OF ) IDENTIFYING DEFENDANTS ) ) ) IN RE: ECF NO. 45 ) ) ) ) ) ) ) ) Plaintiff VS. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, LT. DEAL, LT. HAGGERTY, CERT OFFICERS# 1-6, BRIAN BYERS, LIBRARIAN CRILEY, DERECK F. OBERLANDER, SUSAN R. ADAMS, EARNEST MONGELLUZZO, LISA REEHER, THERESA BIEL, ANGEL F. GRESSEL, BRUCE SIMONS, RICHARD CAMACHO, KIMBERLY SMITH, KEVIN COWAN, ANDREW LESLIE, YVETTE PERRIN, GREGORY MILLER, MICHELLE CROWTHER, LISA FISCUS, LT. BOGARDUS, CO 1 MORGAN, CO 1 MINICH, CO 1 WITNESS OF DC-141, PART D2, LT. DICKEY, ERIN MILLER, ROSS MILLER, CENTURION, AND; WELLPATH, IAN GUSSTAFSON, Defendants Plaintiff Edward Graziano ("Graziano"), a prisoner incarcerated at the State Correctional Institution at Camp Hill (SCI-Camp Hill), filed this prose civil rights and state law action pursuant to 42 U.S.C. ยง 1983. ECF 11. Plaintiff alleges that Defendants have violated the First, Fourth, Eighth, and Fourteenth Amendments of the United States Constitution, Americans with Disabilities Act, and Pennsylvania tort law. Id. Defendants include the Pennsylvania Department of Corrections ("DOC") and numerous DOC employees. Deputy Attorney Matthew C. Gill ("Gill") has entered an appearance on these Defendants' behalf. Defendants also include 1 Dockets.Justia.com Case 1:22-cv-00163-SPB-RAL Document 50 Filed 11/28/22 Page 2 of 6 Case 1:22-cv-00163-SPB-RAL Document 50 Filed 11/28/22 Page 3 of 6 Case 1:22-cv-00163-SPB-RAL Document 50 Filed 11/28/22 Page 4 of 6 Case 1:22-cv-00163-SPB-RAL Document 50 Filed 11/28/22 Page 5 of 6 Case 1:22-cv-00163-SPB-RAL Document 50 Filed 11/28/22 Page 6 of 6 III. Conclusion Plaintiffs motion for limited discovery to identify Librarian Crowley is DENIED as moot. Plaintiffs motion for limited discovery to identify CERT Officers #1-6 and CO 1 Witness of DC141, Part 2D is GRANTED. Graziano will have until February 26, 2023, ninety days from the date of this Order, to conduct such limited discovery. Upon ascertaining the names of these Defendants, Plaintiff should promptly seek leave to amend his Complaint to substitute their names and to effectuate service. SO ORDERED this 28 th day of November, 2022. BY THE COURT: 6
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