Opinion
Civil Action No. 02-7663.
May 10, 2004
ORDER
AND NOW, this 10th day of May, 2004, upon consideration of the fact that Petitioner is proceeding without counsel at this point, and upon consideration of the fact that he has filed eighteen pending motions/requests seeking a variety of overlapping remedies and attempting to add new parties and claims, it is hereby ORDERED that:
(1) After Plaintiff's deposition has been completed, and I have received a copy of his deposition transcript, I will hold a telephone conference call with Petitioner and Counsel for the Prison Health Services Defendants, to clarify the scope of Petitioner's claims and to discuss all remaining pretrial procedures.
(2) Because I intend to address all of Petitioner's concerns during the telephone conference call after his deposition has been completed, Petitioner is directed not to file any additional motions or requests prior to the conference call.
(3) As to the requests made by Petitioner to date, I make the following rulings:
(A) Petitioner's request to facilitate surgery on his hernia [Docket Entry No. 8] is DISMISSED AS MOOT. As Petitioner has acknowledged in a February 20, 2003 letter, his hernia surgery was performed on February 5, 2003.
(B) Petitioner's request, as set forth in a January 6, 2003 letter, for release of all medical records is DISMISSED WITHOUT PREJUDICE. During the telephone conference call which will be scheduled after Petitioner's deposition, I will address all discovery requests.
(C) Petitioner's requests for a federal and state investigation to bring criminal charges against a variety of individuals (including prison medical care providers, members of the internal security staff at SCI Graterford, and members of the Pennsylvania Board of Probation and Parole) for alleged abuses are DENIED as outside the scope of this forum. The requests for a federal and state investigation are set forth in several different pleadings, including Docket Entry Nos. 18 and 26, and letters addressed to me dated February 25, 2004 and March 10, 2004.
(D) Petitioner's requests for leave to join additional defendants, Docket Entry Nos. 5, 20 and 27, are DENIED WITHOUT PREJUDICE. After reviewing Plaintiff's deposition transcript, I will address the requests to add more defendants during the telephone conference call with Petitioner and Counsel for the Prison Health Services Defendants.
In Docket Entry No. 5, Petitioner notes that he "may wish to amend original complaint, as new evidence has come to light since Complaint was filed." In Docket Entry No. 20, Petitioner seeks to add "Superintendent David DiGuglielmo, Dr. Phillepe Arias and Mrs. Julie Knauer, C.H.C.A." for alleged retaliatory denial of medical care/treatment for a dislocated jaw. In Docket Entry No. 27, Petitioner seeks to add "Deputies: Lorenzo, Murray, Stahelak, Majors: Buzzar, Feilds, Russ, Capt's: Fryzel, Dohman, LT.'s: Raymond Knauer, John Moyer" for alleged harassment, abuse and assaults.
(E) Petitioner's requests for immediate release and/or transfer to federal protective custody, as set forth in Docket Entry Nos. 23, 26, 29, 30, and 33, are DENIED. The relief requested, immediate release from custody, is outside the scope of the present action.
Petitioner also asks to be released from custody in a letter dated April 10, 2004.
(F) Petitioner's requests for a court order to stop his transfer to the forensic unit at SCI Waymart, as set forth in Docket Entry Nos. 28 and 29, are DENIED.
(G) Petitioner's requests for a court order to rescind/void the 304 involuntary commitment entered by the Montgomery County Court of Common Pleas, as set forth in Docket Entry Nos. 29 and 33, are DENIED.
(H) Petitioner's motion to suppress medical records, as set forth in a letter dated April 26, 2004, is DENIED. The medical records sought by the Prison Health Services Defendants are relevant to some of the Petitioner's claims, and are within the proper scope of discovery in this action.
(I) Petitioner's request "for an expeditious date to begin trial by jury," as set forth in Docket Entry No. 34, is DENIED WITHOUT PREJUDICE. This case is not ready at this point, to proceed to trial. Petitioner has repeatedly sought to include additional parties and claims, the Prison Health Services Defendants have not completed their discovery, and there are pretrial/dispositive motions issues to be addressed.