Shawn King v. Tina Walker, et al
| SHAWN KING |
| SUPERINTENDENT TINA WALKER, SCI Fayette Superintendent, KEITH MATIYASIC, Unit Manager, RHONDA A. HOUSE, Facility Grievance Coordinator, DOCTOR LAUREL HARRY, Secretary PA DOC, JOSEPH RUSNAK, Security Captain, OFFICER BURKHOLDER, SERGEANT DEPASQUALE, OFFICER HOLLOWAY, BRITTANY KIMMEL, Librarian, SANDRA CALLOWAY, Accounting Supervisor, ASHLEY TRAFFICANTE, Mailroom Supervisor, SERGEANT PEARCE, LISA DUNCAN, Psychology Manager, JAMES BRIGHT, Medical Supervisor and OFFICER REGINA |
| 25-2168 |
| June 26, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Prison Condition |
Docket Report
This docket was last retrieved on October 2, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 18
ORDER (Clerk) The foregoing submissions will be placed on this Court's docket, but no further action will be taken on them. This appeal was dismissed for lack of jurisdiction on September 26, 2025. The appellant's submissions were not received and processed until after the order dismissing the appeal was issued. If the appellant disagrees with the Court's decision, he may seek rehearing under Federal Rule of Appellate Procedure 40 and Third Circuit Local Appellate Rules 35.1, 35.2, and 40.1, or he may seek further review from the Supreme Court of the United States. Except for those possibilities, the Court's decision concluded this appeal. (PDB) [Entered: 10/02/2025 03:23 PM]
|
Filing 15
ORDER (BIBAS, PORTER and MONTGOMERY-REEVES, Circuit Judges) With exceptions not relevant in this case, this Court has jurisdiction only over final decisions from the District Court. See 28 U.S.C. Section 1291. A final order is "one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment." Harris v. Kellogg Brown & Root Servs., Inc., 618 F.3d 398, 400 (3d Cir. 2010) (internal quotation marks and citation omitted). Appellant seeks to appeal the denial of his motion for the appointment of counsel without prejudice in his ongoing case in the District Court. That decision from the District Court is not final or immediately appealable. See Smith-Bey v. Petsock, 741 F.2d 22, 26 (3d Cir. 1984). Accordingly, the appeal is dismissed for lack of jurisdiction. Panel No.: ALD-220. Montgomery-Reeves, Authoring Judge. (PDB) [Entered: 09/26/2025 12:38 PM]
|
| Filing 17 LETTER by Appellant Requesting Federal Rules of Appellate Procedure. Service made by the Clerk's Office via CM.ECF on 10/02/2025, (PDB) [Entered: 10/02/2025 03:16 PM] |
| Filing 16 MOTION filed by Appellant Shawn King for Appointment of Counsel. Service made by the Clerk's Office via CM.ECF on 10/02/2025. (PDB) [Entered: 10/02/2025 03:08 PM] |
Filing 14
ORDER (Clerk) The foregoing submission is considered, and the following clarification is provided to the appellant. On June 20, 2025, the district court received a document titled "Notice of Appeal," captioned in W.D. Pa. No. 2:24-cv-00484, and transmitted it to this Court as a new appeal. Upon receipt, this Court opened the appeal: King v. Walker, No. 25-2168. On July 16, 2025, the district court received a different document titled "Notice of Appeal," captioned in W.D. Pa. No. 3:20-cv-00243, and transmitted it to this Court as a new appeal. Upon receipt, this Court opened the appeal: King v. Smith, No. 25-2342. To the extent the appellant seeks to amend the caption of the appeal at No. 25-2342, no action will be taken on the request. Pursuant to Federal Rule Appellate Procedure 12(a), the Clerk is required to docket the appeal under the title of the district-court action. If the appellant did not intend to begin one of these appeals, he may file a motion under Federal Rule of Appellate Procedure 42(b) asking to withdraw it. (PDB) [Entered: 09/09/2025 11:21 AM]
|
| Filing 13 MOTION filed by Appellant Shawn King for Clarification. Service made by the Clerk's Office via CM.ECF on 08/12/2025. (PDB) [Entered: 08/12/2025 05:13 PM] |
| Filing 12 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of Appellant Shawn King. (PDB) [Entered: 08/04/2025 04:14 PM] |
Filing 9
ORDER (Clerk) granting motion to proceed in forma pauperis filed by Appellant Shawn King. The appeal will be submitted to a panel for determination under 28 U.S.C. Section 1915(e)(2) or for summary action under Third Circuit L.A.R. 27.4 and I.O.P. 10.6. 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. (GCH) [Entered: 07/30/2025 10:55 AM]
|
| Filing 11 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Shawn King. (PDB) [Entered: 07/31/2025 10:27 AM] |
| Filing 10 PRISONER ACCOUNT STATEMENT on behalf of Appellant Shawn King. (PDB) [Entered: 07/31/2025 10:27 AM] |
| Filing 8 PRISONER ACCOUNT STATEMENT on behalf of Appellant Shawn King. (PDB) [Entered: 07/22/2025 04:51 PM] |
| Filing 7 MOTION filed by Appellant Shawn King to Proceed In Forma Pauperis. (PDB) [Entered: 07/22/2025 04:50 PM] |
| Filing 6 Brief Received. As no briefing schedule has yet issued, the brief is construed as a document in support of the appeal. If after disposition of the pending motions the appeal is to proceed to briefing, the parties will be advised regarding the filing date. Certificate of Service dated 07/13/2025. Service made by US mail. (PDB) [Entered: 07/22/2025 04:49 PM] |
| Filing 5 PRISONER ACCOUNT STATEMENT on behalf of Appellant Shawn King. (JK) [Entered: 07/14/2025 03:14 PM] |
| Filing 4 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (SH) [Entered: 06/30/2025 01:11 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 (PDB) [Entered: 06/26/2025 10:09 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (PDB) [Entered: 06/26/2025 10:09 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Shawn King in District Court No. 2:24-cv-00484. (PDB) [Entered: 06/26/2025 10:05 AM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. 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.