Jamie McVicker v. Rita Comacho, et al
| JAMIE MCVICKER |
| DR. RITA COMACHO and DANIEL C. VITTONE |
| 23-1794 |
| May 3, 2023 |
| U.S. Court of Appeals, Third Circuit |
| Prison Condition |
Docket Report
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Filing 10
ORDER (Clerk) The foregoing motion to proceed in forma pauperis is granted. Appellant is a prisoner and seeks to proceed in forma pauperis on appeal. Appellant is required to pay the full $505.00 fee in installments regardless of the outcome of the appeal. 28 U.S.C. Section 1915 (b). The Court hereby directs the warden or his or her designee to assess an initial filing fee, when funds are available, of 20% of the greater of (a) the average monthly deposits to the prisoners account; or (b) the average monthly balance in the prisoners account for the six month period immediately preceding the filing of the notice of appeal. The warden, or his or her designee, shall calculate, collect, and forward the initial payment assessed in this order to the United States District Court for the Western District of Pennsylvania. In each succeeding month when the amount in the prisoners account exceeds $10.00, the warden, or his or her designee, shall forward payments to the United States District Court for the Western District of Pennsylvania equaling 20% of the preceding months income credited to the prisoners account until the fees are paid. Each payment shall reference the appellate docket number for this appeal. The warden, or his or her designee, shall forward payments to the appropriate courts simultaneously if there are multiple orders. The appeal will be submitted to a panel of this court for determination under 28 U.S.C. Section 1915(e)(2) as to whether the appeal will be dismissed as legally frivolous or whether summary action under Third Circuit L.A.R. 27.4 and I.O.P. 10.6 is appropriate. In making this determination, the district court opinion and record will be examined. Appellant may submit argument, which should not exceed 5 pages, in support of the appeal. The document, with certificate of service, must be filed with the clerk within 21 days of the date of this order. Appellee need not file a response unless directed to do so. The court may reconsider in forma pauperis status at any time. (AMR) [Entered: 06/01/2023 12:59 PM]
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| Filing 9 ECF FILER: ENTRY OF APPEARANCE from John R. Ninosky on behalf of Appellee(s) Dr. Rita Comacho. [23-1794] (JRN) [Entered: 05/24/2023 10:54 AM] |
| Filing 8 ECF FILER: ENTRY OF APPEARANCE from Michael C. Hamilton on behalf of Appellee(s) Daniel C. Vittone. [23-1794] (MCH) [Entered: 05/23/2023 10:02 AM] |
| Filing 7 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Jamie McVicker. (AMR) [Entered: 05/23/2023 08:35 AM] |
| Filing 6 PRISONER ACCOUNT STATEMENT on behalf of Appellant Jamie McVicker. (AMR) [Entered: 05/23/2023 08:34 AM] |
| Filing 5 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of. (AMR) [Entered: 05/23/2023 08:33 AM] |
| Filing 4 MOTION filed by Appellant Jamie McVicker to Proceed In Forma Pauperis. Response due on 06/02/2023. Clerk's office made service on 05/23/2023. Service made by ECF. (AMR) [Entered: 05/23/2023 08:32 AM] |
| Filing 3 FOLLOW UP LETTER to Michael C. Hamilton, Esq. for Daniel C. Vittone and John R. Ninosky, Esq. for Rita Comacho requesting the following document(s): Appearance Form within 14 days. (AMR) [Entered: 05/18/2023 01:33 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (CJG) [Entered: 05/03/2023 04:36 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Jamie McVicker in District Court No. 3-21-cv-00070. (CJG) [Entered: 05/03/2023 04:31 PM] |
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