Dwayne Sollenberger v. D. Varner, et al
| DWAYNE SOLLENBERGER |
| MARYBETH SHANK, Judge, Franklin Co., LINDA THOMAS-GREENFIELD, United States Ambassador, United Nations, ELIZABETH PRELOGAR, Solicitor General, United States of America, SHAWN D. MEYERS, President Judge, Franklin Co., EMILY WALKER, Office of the Clerk, U.S. Supreme Court, D. VARNER, Chief Grievance Officer, ROBERT D. MARIANI, U.S. Middle District Judge, FRANK STANCO, U.S. Army, ANTONIO GUTERRES, United Nations Secretary General and JEREMIAH D. ZOOK, Judge, Franklin Co. |
| 24-2719 |
| September 17, 2024 |
| U.S. Court of Appeals, Third Circuit |
| Other Civil Rights |
Docket Report
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Filing 11
ORDER (Clerk) The foregoing motions are considered. Appellant's 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 $605.00 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 prisoner's account; or (b) the average monthly balance in the prisoner's 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 Middle District of Pennsylvania. In each succeeding month when the amount in the prisoner's account exceeds $10.00, the warden, or his or her designee, shall forward payments to the United States District Court for the Middle District of Pennsylvania equaling 20% of the preceding month's income credited to the prisoner's 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. Appellant's motions for change of venue and appointment of counsel are referred to the same panel of the Court that will consider whether summary action is appropriate. (AMR) [Entered: 10/18/2024 02:24 PM]
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| Filing 10 PRISONER ACCOUNT STATEMENT on behalf of Appellant Dwayne Sollenberger. (AMR) [Entered: 10/11/2024 11:20 AM] |
| Filing 9 Document from Appellant. Clerk's office made service on 10/11/2024. Service made by ECF. (AMR) [Entered: 10/11/2024 11:20 AM] |
| Filing 8 MOTION filed by Appellant Dwayne Sollenberger for Appointment of Counsel. Response due on 10/11/2024. Clerk's office made service on 10/01/2024. Service made by ECF. (AMR) [Entered: 10/01/2024 12:10 PM] |
| Filing 7 MOTION filed by Appellant Dwayne Sollenberger for Change in Venue. Response due on 10/11/2024. Clerk's office made service on 10/01/2024. Service made by ECF. (AMR) [Entered: 10/01/2024 12:08 PM] |
| Filing 6 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Dwayne Sollenberger. (AMR) [Entered: 10/01/2024 11:56 AM] |
| Filing 5 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of Appellant Dwayne Sollenberger. (AMR) [Entered: 10/01/2024 11:55 AM] |
| Filing 4 MOTION filed by Appellant Dwayne Sollenberger to Proceed In Forma Pauperis. Response due on 10/11/2024. Clerk's office made service on 10/01/2024. Service made by ECF. (AMR) [Entered: 10/01/2024 11:53 AM] |
| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (AMR) [Entered: 09/17/2024 09:35 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (AMR) [Entered: 09/17/2024 09:34 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Dwayne Sollenberger in District Court No. 1-24-cv-00593. (AMR) [Entered: 09/17/2024 09:27 AM] |
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