Paris James v. Laurel Harry, et al
| PARIS L. JAMES |
| LAUREL HARRY, SECRETARY PENNSYLVANIA DEPARTMENT CORRECTIONS, GEORGE M. LITTLE, FORMER SECRETARY OF CORRECTIONS, JOHN E. WETZEL, FORMER SECRETARY, TIMOTHY A. HOLMES, I, CHIEF COUNSEL PA/DOC, DORNIA VARNER, CHIEF GRIEVANCE COORDINATOR, SAM CONDO, Staff Assistant, J. NEWMYER, Staff Assistant, SUPERINTENDENT L. OLIVER, SUPERINTENDENT P. THOMPSON, C. GIDDINGS, C. CLARK, LT. HARRISON, LT. TEXIERA, LT. T. DUBE, CAPT. ANDERSON, UNIT MANAGER LINK, UNIT MANAGER DEPLATCHETT, LT. STAFFORD, M. THARP, COUNSELOR MAGOWEEN, C/O HAMMENT, C/O G. A. THOMPSON, C/O RODRIGUEZ, C/O LORETI, SGT. KOHLER, C/O GOTTESCHALK, L. SCOTT CLAUSEN, ROSCINSKI, Inmate Employment Officer, M. DANCH, L. TRAUT, FSS. BRECKENRIDGE, FSS. CIEBRONE and FSS. PHILLIPS |
| 25-2393 |
| July 24, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Prison Condition |
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| Filing 20 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 [25-1035, 25-2393] (LMR) [Entered: 01/14/2026 08:10 AM] |
| Filing 19 BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Paris L. James due on or before 02/23/2026. Appendix due on or before 02/23/2026. [25-1035, 25-2393] (LMR) [Entered: 01/14/2026 08:08 AM] |
| Filing 18 ECF FILER: LETTER from Attorney Judah Bellin, Esq. for Appellant Mr. Paris L. James in 25-1035, 25-2393 Letter to Clerk of Court re Record Review. Certificate of Service dated 01/12/2026. Service made by ECF. [25-1035, 25-2393] (JB) [Entered: 01/12/2026 03:07 PM] |
Filing 17
ORDER (Clerk) The foregoing motion is granted, Maxwell Bresticker is permitted to enter his appearance as an eligible law student on behalf of Appellant. Mr. Bresticker satisfies the requirements for eligibility under Third Circuit Local Appellate Rule 46.3. It is noted that Appellant has consented to Mr. Bresticker's appearance on his behalf and that Judah Bellin, Esq., the supervising attorney, has approved the entry of appearance. [25-1035, 25-2393] (TMM) [Entered: 12/09/2025 04:19 PM]
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| Filing 15 ECF FILER: ENTRY OF APPEARANCE from Sozi Tulante on behalf of Appellant(s) Paris L. James. [25-1035, 25-2393] (SPT) [Entered: 12/02/2025 05:19 PM] |
| Filing 14 ECF FILER: ENTRY OF APPEARANCE from Judah Bellin on behalf of Appellant(s) Paris L. James. [25-1035, 25-2393] (JB) [Entered: 12/02/2025 05:11 PM] |
| Filing 13 CLERK ORDER: Upon further review, it appears that it would not be appropriate to dismiss this appeal for want of jurisdiction or to submit the case 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. See Borelli v. City of Reading, 532 F.2d 950, 951-52 (3d Cir. 1976) (per curiam). This order does not represent a finding of appellate jurisdiction in this matter. As in all cases, the panel of this Court that reviews this appeal on the merits will make a final determination of appellate jurisdiction. Appellant's request that this matter be consolidated with his pending appeal in James v. Wetzel, C.A. No. 25-1035, is granted, and this appeal is hereby consolidated, for all purposes, with Appellant's appeal in C.A. No. 25-1035. The Court hereby extends to the above-captioned matter the previous appointment of Sozi P. Tulante, Esq., and Judah Bellin, Esq., as counsel for Appellant without compensation pursuant to 28 U.S.C. Section: 1915(e)(1). See Tabron v. Grace, 6 F.3d 147, 155-56 (3d Cir. 1993). This appointment shall remain in effect until termination of these consolidated appeals unless the Court grants the withdrawal or substitution of counsel earlier. Counsel shall have a period of 40 days from the date of this order to review the record in both cases. Prior to the expiration of that 40-day period, counsel shall advise the Clerk whether additional documents are necessary. If counsel does not need additional documents, the Clerk will issue a briefing schedule immediately after the 40-day review period ends. Counsel shall file the entry of appearance form within 14 days of the date of this order. [25-2393, 25-1035] (AMR) [Entered: 12/02/2025 09:19 AM] |
| Filing 16 ECF FILER: Motion by Appellant Mr. Paris L. James for Law Student Maxwell Bresticker to participate on appeal pursuant to L.A.R. 46.3. Certificate of Service dated 11/04/2025. Service made by ECF. [25-1035] (JB) [Entered: 11/04/2025 10:49 PM] |
| Filing 12 RESPONSE on behalf of Appellant Mr. Paris L. James to listing order advising submitted for PLRA 1915(e)(2) and possible summary action [5407330-3]. Certificate of Service dated 09/11/2025. Service made by US mail. (AMR) [Entered: 09/18/2025 04:08 PM] |
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Filing 11
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 Western 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 Western 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. Appellant was previously advised that the appeal will be submitted for possible dismissal due to a question regarding jurisdiction. The appeal will also 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: 09/03/2025 03:28 PM]
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| Filing 10 PRISONER ACCOUNT STATEMENT on behalf of Appellant Mr. Paris L. James. (AMR) [Entered: 09/03/2025 10:41 AM] |
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Filing 9
ORDER (Clerk) Action on the motion to proceed in forma pauperis is deferred pending the submission of additional documents. Appellant must submit a certified copy of the prison account statement (or institutional equivalent) for the six-month period prior to the filing of the notice of appeal. The account statement must be submitted within fourteen (14) days from the date of this order. Answer due 08/29/2025. (AMR) [Entered: 08/15/2025 09:25 AM]
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| Filing 8 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of Appellant Mr. Paris L. James. (AMR) [Entered: 08/14/2025 10:19 AM] |
| Filing 7 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Mr. Paris L. James. (AMR) [Entered: 08/14/2025 10:18 AM] |
| Filing 6 PRISONER ACCOUNT STATEMENT on behalf of Appellant Mr. Paris L. James. (AMR) [Entered: 08/14/2025 10:10 AM] |
| Filing 5 MOTION filed by Appellant Mr. Paris L. James to Proceed In Forma Pauperis. Response due on 08/25/2025. Clerk's office made service on 08/14/2025. Service made by ECF. (AMR) [Entered: 08/14/2025 10:09 AM] |
| Filing 4 LEGAL DIVISION LETTER SENT advising that the case has been listed for possible dismissal due to jurisdictional defect. (NF) [Entered: 07/25/2025 05:01 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 (AMR) [Entered: 07/24/2025 10:58 AM] |
| Filing 2 RECORD available on District Court CM/ECF. (AMR) [Entered: 07/24/2025 10:58 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Mr. Paris L. James in District Court No. 1:25-cv-00059. (AMR) [Entered: 07/24/2025 10:53 AM] |
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