Daniel Marsh, Jr. v. Allen Stratton, et al
| DANIEL MARSH, JR. |
| ALLEN STRATTON, Counselor SCI-Huntingdon, JOHN RIVELLO, Superintendent SCI-Huntingdon, JOHNNY JOHNSON, Pennsylvania Board of Pardons/Parole PA DOC and SECRETARY PENNSYLVANIA DEPARTMENT OF CORRECTIONS |
| 25-1904 |
| May 9, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Prisoner-Civil Rights |
Docket Report
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| Document Text |
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| Filing 23 PRO SE SUPPLEMENTAL APPENDIX on behalf of Appellant Daniel Marsh, Jr.. Volumes:. Certificate of Service dated 09/10/2025 by US mail. (KEL) [Entered: 09/10/2025 11:08 AM] |
| Filing 22 LETTER from Appellant Daniel Marsh, Jr. informing he only served 1 copy of the brief to Appellees Counsel.--[Edited 09/04/2025 by TMM] (TMM) [Entered: 09/04/2025 10:07 AM] |
| Filing 21 PRO SE BRIEF with Appendix attached on behalf of Appellant Daniel Marsh, Jr.. Pages: 8, Certificate of Service to parties/counsel by clerks off via CMECF on 08/05/2025, received 8/4/2025 by US mail. (PAR) [Entered: 08/05/2025 09:20 AM] |
Filing 20
ORDER (Clerk) The foregoing motions are considered. No action will be taken on motion to proceed in forma pauperis as it is unnecessary. It is noted that Appellant was granted leave to proceed in forma pauperis by Clerk's order entered July 2, 2025. It is further noted that the Order also advised Appellant that the appeal would be submitted to a panel of this court for determination under 28 U.S.C. 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. Appellant's motion for appointment of counsel, filed on May 13, 2025, is referred to the same panel of the Court that will consider whether the appeal should be dismissed pursuant to 28 U.S.C. Section 1915(e) or whether summary action is appropriate. (TMM) [Entered: 07/28/2025 11:23 AM]
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| Filing 19 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of Appellant Daniel Marsh, Jr.. (TMM) [Entered: 07/25/2025 11:16 AM] |
| Filing 18 MOTION filed by Appellant Daniel Marsh, Jr. to Proceed In Forma Pauperis. Certificate of Service dated 07/01/2025. Service made by US mail. (TMM) [Entered: 07/25/2025 11:15 AM] |
| Filing 17 PRISONER ACCOUNT STATEMENT on behalf of Appellant Daniel Marsh, Jr.. (TMM) [Entered: 07/25/2025 11:13 AM] |
| Filing 16 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Daniel Marsh, Jr.. (TMM) [Entered: 07/25/2025 11:12 AM] |
| Filing 15 Document by Appellant titled "Amended Notice of Appeal." (TMM) [Entered: 07/10/2025 09:36 AM] |
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Filing 14
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 $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. (AMR) [Entered: 07/02/2025 11:23 AM]
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| Filing 13 COPY OF ORDER OF DISTRICT COURT denying motion for reconsideration. Dated 05/15/2025 and signed by Honorable Malachy E. Mannion. (TMM) [Entered: 07/01/2025 01:49 PM] |
| Filing 12 PRISONER ACCOUNT STATEMENT on behalf of Appellant Daniel Marsh, Jr.. (TMM) [Entered: 07/01/2025 01:44 PM] |
| Filing 11 LETTER from Appellant Daniel Marsh, Jr.. (TMM) [Entered: 06/04/2025 03:47 PM] |
| Filing 10 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of Appellant Daniel Marsh, Jr.. (TMM) [Entered: 06/02/2025 12:22 PM] |
| Filing 9 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Daniel Marsh, Jr.. (TMM) [Entered: 06/02/2025 12:20 PM] |
| Filing 8 MOTION filed by Appellant Daniel Marsh, Jr. to Proceed In Forma Pauperis. Certificate of Service dated 05/21/2025. Service made by US mail. (TMM) [Entered: 06/02/2025 12:12 PM] |
| Filing 7 LETTER from Appellant Daniel Marsh, Jr.. (TMM) [Entered: 05/29/2025 09:04 AM] |
| Filing 5 CLERK ORDER - RULE 4(a)(4) staying case pending disposition of post decision motion(s). (TMM) [Entered: 05/14/2025 08:52 AM] |
| Filing 6 MOTION filed by Appellant Daniel Marsh, Jr. for Appointment of Counsel. Certificate of Service dated 04/29/2025. Service made by US mail. (TMM) [Entered: 05/14/2025 09:10 AM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Deputy Attorney General Brett Graham on behalf of Appellee(s) Allen Stratton, John Rivello, Johnny Johnson, and Secretary Laurel Harry. [25-1904] (BG) [Entered: 05/13/2025 12:03 PM] |
| 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 (GCH) [Entered: 05/09/2025 10:53 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (GCH) [Entered: 05/09/2025 10:53 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Daniel Marsh, Jr. in District Court No. 3:23-cv-00899. (GCH) [Entered: 05/09/2025 10:44 AM] |
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