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Legal Opinion

Kretchmar v. Commonwealth, Department of Corrections

Commonwealth Court of Pennsylvania

Decided September 8, 2003PublishedCited by 30 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

Gary L. Kretchmar (Petitioner), representing himself, filed a petition for review seeking an order compelling the Department of Corrections (DOC) to take action with respect to treatment of his allergies. DOC filed preliminary objections. We overrule DOC’s preliminary objection for lack of jurisdiction, sustain its preliminary objection for failure to state a claim upon which relief can be granted, and dismiss the petition with prejudice. 1

Petitioner is an inmate in a state correctional facility (Facility) serving a life sentence plus a concurrent 10 to 20 year…

2Cases cited18 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Farmer v. BrennanSupreme Court of the United States · 1994
  3. Gutierrez v. PetersCourt of Appeals for the Seventh Circuit · 1997
  4. Boring v. KozakiewiczCourt of Appeals for the Third Circuit · 1987
  5. Bronson v. Central Office Review CommitteeSupreme Court of Pennsylvania · 1998

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3Cited by30 opinions

  1. Aviles v. Pennsylvania Department of CorrectionsCommonwealth Court of Pennsylvania · 2005
  2. Black v. Pennsylvania Department of CorrectionsCommonwealth Court of Pennsylvania · 2005
  3. LeGrande v. COM., DEPT. OF CORRECTIONSCommonwealth Court of Pennsylvania · 2006
  4. Oakman v. Department of CorrectionsCommonwealth Court of Pennsylvania · 2006
  5. A. Pew v. J. Wetzel-Sec'y. of CorrectionsCommonwealth Court of Pennsylvania · 2023

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