Stockton, R., Aplt. v. Sec. of Corrs.
CourtSupreme Court of Pennsylvania
Date FiledOctober 6, 2026
Docket31 EAP 2026
StatusPublished
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Full Opinion
IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
RONALD STOCKTON, : No. 31 EAP 2026
:
Appellant :
:
:
v. :
:
:
SECRETARY OF CORRECTIONS - LAUREL :
HARRY, FORMER SECRETARY - GEORGE :
LITTLE, DEPUTY SECRETARY - ROBERT :
MARSH, SUPERINTENDENT - T. MCGINLEY, :
SUPERINTENDENT - R. IRWIN, DEPUTY - I. :
GUSTAFSON, DEPUTY - M. BLICHA, MAJOR :
DEAL, CAPTAIN KUNDICK, LT. WALKER, :
SGT. LESKO, LT. TANNER, C.O. MOWRY, :
C.O. FABIANO, C.O. ANDERSON, C.O. :
SMITH, C.O. MOORE, C.O. HINES, C.O. :
MORRES, C.O. MOHNEY AND LIBRARIAN - :
MRS. J. WINTERS, :
:
Appellees :
ORDER
PER CURIAM
AND NOW, this 6th day of October, 2026, the Notice of Appeal is QUASHED, as
the Commonwealth Court has not yet entered a final order. Cf. Freeze v. Donegal Mut.
Ins. Co., 470 A.2d 958, 960 n.5 (Pa. 1983) (“Ordinarily, where a court sustains preliminary
objections without dismissing the complaint or otherwise terminating the action, the order
is interlocutory and lacks the finality needed to be appealable.”).
It is further NOTED that, in its November 25, 2025 order, the Commonwealth Court
stated that Appellant’s failure to file a compliant petition for review by December 26, 2025,
would result in dismissal without further notice. Although Appellant did not file an
amended petition for review by that deadline, no dismissal order has issued. It is further
NOTED that Appellant filed a praecipe with the Commonwealth Court on January 23,
2026, indicating that he would not be filing an amended petition for review, and seeking
entry of a final dismissal order. Cf. Hionis v. Concord Twp., 973 A.3d 1030, 1035-36 (Pa.
Cmwlth. 2009) (explaining that “a plaintiff who chooses not to file an amended complaint
may appeal by filing a praecipe with the trial court to dismiss the original complaint with
prejudice”). The Commonwealth Court has taken no action in response to Appellant’s
praecipe.
It is also NOTED that Appellant’s taking of the instant appeal would not have
precluded the Commonwealth Court from either entering a dismissal order or acting upon
Appellant’s praecipe. See Pa.R.A.P. 1701(b)(6) (allowing a court to “[p]roceed further in
any matter in which a non-appealable interlocutory order has been entered,
notwithstanding the filing of a notice of appeal or a petition for review of the order”).
[31 EAP 2026] - 2