Omar Folk v. Prime Care Medical, et al
| DAUPHIN COUNTY PRISON, PERRY COUNTY PRISON, ATTORNEY GENERAL PENNSYLVANIA, DAVID YEINGST, DOMINICK DEROSE, THOMAS LONG, KELLER, TWIGG and CHARLES DONBAUGH |
| OMAR SIERRE FOLK |
| PRIME CARE MEDICAL, P.A. TANYA SCHISLER, LPN TOM TOOLAN, LT TWIGG, SGT. KELLER, CITY OF HARRISBURG, HEIDI FREESE, COUNTY OF DAUPHIN, CO CHARLES DONBAUGH, P.A. YOUNG, MATTHEW LEGAL, PERRY COUNTY CITY, BOARD CHAIRMAN PERRY COUNTY PRISON, CHAD CHENET and PERRY COUNTY PRISON BOARD |
| 22-3293 |
| December 5, 2022 |
| U.S. Court of Appeals, Third Circuit |
| Prisoner-Civil Rights |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 25 PRISONER ACCOUNT STATEMENT on behalf of Appellant Omar Sierre Folk. (DW) [Entered: 02/01/2023 11:29 AM] |
Filing 24
ORDER (Clerk) The foregoing motion is granted. Appellant must file a certified six (6) month prison account statement within fourteen (14) days from the date of this Order. Should Appellant fail to file the requested account statement within the time stated, he will face dismissal of the appeal pursuant to Third Circuit LAR 3.3 and Misc. 107.1 without further notice. (DW) [Entered: 01/26/2023 12:00 PM]
|
| Filing 23 MOTION filed by Appellant Omar Sierre Folk for Extension of Time to File Six Month Account Statement. Response due on 02/06/2023. Certificate of Service dated 01/25/2023. Service made by ECF. (DW) [Entered: 01/25/2023 05:12 PM] |
|
Filing 22
ORDER (Clerk) No action will be taken on the foregoing reply as it is noted that the Clerk's order dated January 4, 2023, denied Appellant's motion to consolidate appeal numbers 22-2187 and 22-3293. It is also noted that the Clerk's order dated January 4, 2023, advises Appellant that separate fees are assessed for each appeal, even if the appeals involve the same underlying district court action. See, e.g., Lebron v. Russo, 263 F.3d 38, 4042 (2d Cir. 2001) (noting that separate fee is due for each notice of appeal). Additionally, the Court has no authority to waive fees under the Prison Litigation Reform Act. See Porter v. Dept. of Treasury, 564 F.3d 176, 180 (3d Cir. 2009). (DW) [Entered: 01/11/2023 02:22 PM]
|
| Filing 21 Reply in Support of Request for Reimbursement of the Filing Fees filed by Appellant Omar Folk.. Certificate of Service dated 01/04/2023. Service made by US mail. (DW) [Entered: 01/06/2023 04:28 PM] |
| Filing 20 ECF FILER: NOT PARTICIPATING LETTER from Attorney Frank J. Lavery, Jr., Esq. for Appellees City of Harrisburg, Dauphin County Prison and Dominick DeRose. Certificate of Service dated 01/05/2023. Service made by US mail, ECF. [22-3293] (FJL) [Entered: 01/05/2023 02:38 PM] |
|
Filing 19
ORDER (Clerk) Action on the motion to proceed in forma pauperis is deferred pending the submission of an additional document. Appellant must submit a 6 month prison account statement within 14 days of the date of this order or the appeal may be dismissed. (DW) [Entered: 01/05/2023 11:33 AM]
|
| Filing 18 ECF FILER: ENTRY OF APPEARANCE from Andrew W. Norfleet, Esquire on behalf of Appellee(s) Dauphin County, Dominick DeRose, City of Harrisburg. [22-3293] (AWN) [Entered: 01/04/2023 05:22 PM] |
| Filing 17 ECF FILER: ENTRY OF APPEARANCE from Frank J. Lavery, Jr., Esquire on behalf of Appellee(s) Dauphin County, Dominick DeRose, City of Harrisburg. [22-3293] (FJL) [Entered: 01/04/2023 05:20 PM] |
|
Filing 16
ORDER (Clerk) The foregoing motion is denied as it would not be appropriate to consolidate the appeals at Nos. 22-2187 and 22-3293 at this time. The appellant is further advised that separate fees are assessed for each appeal, even if the appeals involve the same underlying district court action. See, e.g., Lebron v. Russo, 263 F.3d 38, 4042 (2d Cir. 2001) (noting that separate fee is due for each notice of appeal). Additionally, the Court has no authority to waive fees under the Prison Litigation Reform Act. See Porter v. Dept. of Treasury, 564 F.3d 176, 180 (3d Cir. 2009). [22-2187, 22-3293] (DW) [Entered: 01/04/2023 05:09 PM]
|
| Filing 15 ECF FILER:ATTORNEY NOT-PARTICIPATING LETTER from Attorney Matthew R. Clayberger, Esq. for Appellees Perry County Prison, David Yeingst, Twigg, Keller, Thomas Long, Board Chairman Perry County Prison, Chad Chenet and Perry County Prison Board in 22-2187regarding retirement of David Schwalm, Esq.. Certificate of Service dated 01/04/2023. Service made by US mail. [22-3293, 22-2187] (MRC) [Entered: 01/04/2023 03:44 PM] |
| Filing 14 FOLLOW UP LETTER to Josh M. Autry, Esq. for City of Harrisburg, Dominick DeRose and Dauphin County Prison, John G. Dean, Esq. for Heidi Freese, Frank J. Lavery, Jr., Esq. for City of Harrisburg, Dominick DeRose and Dauphin County Prison, David L. Schwalm, Esq. for Thomas Long, David Yeingst, Keller, Perry County Prison, Chad Chenet, Perry County Prison Board, Twigg and Board Chairman Perry County Prison, Lauren E. Sulcove, Esq. for Attorney General Pennsylvania and Chad J. Sweigart, Esq. for Heidi Freese requesting the following document: Appearance Form on or before 01/18/2023. (DW) [Entered: 01/04/2023 09:24 AM] |
| Filing 13 ECF FILER: NOT PARTICIPATING LETTER from Attorney Matthew R. Clayberger, Esq. for Appellees Board Chairman Perry County Prison, Chad Chenet, Keller, Thomas Long, Perry County Prison, Twigg and David Yeingst. Certificate of Service dated 01/03/2023. Service made by US mail. [22-3293] (MRC) [Entered: 01/03/2023 03:42 PM] |
| Filing 12 ECF FILER: ENTRY OF APPEARANCE from Matthew R. Clayberger on behalf of Appellee(s) Perry Co Prison, Warden David Yeingst, Deputy Warden Thomas Long, Lieutenant Twigg, Sergeant Keller, Board Chairman of Perry Co Prison, Charles Chenot (incorrectly identified as Chad Chenet) and Perry Co Prison Board. [22-3293] (MRC) [Entered: 01/03/2023 03:40 PM] |
| Filing 11 ECF FILER: Withdrawal of Appearance of Elizabeth L. Kramer for Appellee Dauphin County Prison in 22-2187, 22-3293. Certificate of Service dated 12/30/2022. Service made by US mail, ECF. [22-2187, 22-3293] (ELK) [Entered: 12/30/2022 04:47 PM] |
| Filing 8 ECF FILER: LETTER RESPONSE to Appellant's Request for Reimbursement of Filing Fees from Attorney John R. Ninosky, Esq. for Appellees Prime Care Medical, Tanya Schisler and Tom Toolan Will not be participating in this appeal as it relates to Mr. Folk's request for a refund of filing fees. Certificate of Service dated 12/29/2022. Service made by US mail, ECF. [22-3293]--[Edited 12/29/2022 by DW] (JRN) [Entered: 12/29/2022 10:32 AM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from John R. Ninosky on behalf of Appellee(s) PrimeCare Medical, Inc.; William W. Young; Tanya Schisler; Thomas Toolan. [22-3293] (JRN) [Entered: 12/29/2022 10:30 AM] |
| Filing 6 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Omar Sierre Folk. (CLW) [Entered: 12/27/2022 03:09 PM] |
| Filing 5 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of Appellant Omar Sierre Folk. (CLW) [Entered: 12/27/2022 03:08 PM] |
| Filing 4 PRISONER ACCOUNT STATEMENT on behalf of Appellant Omar Sierre Folk. (CLW) [Entered: 12/27/2022 03:08 PM] |
| Filing 3 MOTION filed by Appellant Omar Sierre Folk to Proceed In Forma Pauperis. Response due on 01/06/2023. Certificate of Service dated 12/21/2022. Service made by US mail. (CLW) [Entered: 12/27/2022 03:06 PM] |
| Filing 9 MOTION filed by Appellant Omar Sierre Folk to Consolidate Appeal Nos. 22-2187 and 22-3293 and Request for Reimbursement of Appeal Fees in C.A. Nos. 18-3602 and C.A. No. 18-1352 back to Appellant's Trust Fund as these circuit numbers are pending in C/.A. No. 22-2187. Response due on 01/09/2023. Certificate of Service dated 12/29/2022. Service made by ECF. [22-2187, 22-3293] (DW) [Entered: 12/29/2022 10:52 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (TNH) [Entered: 12/05/2022 03:50 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Omar Sierre Folk in District Court No. 3-13-cv--00474. (TNH) [Entered: 12/05/2022 03:26 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
