Brian Randolph v. Justin Moore, et al
| BRIAN RANDOLPH |
| JUSTIN MOORE, Fire and Safety, LARRY BOGGS, Facility Maintenance Manager, ERIC HAAG, Facility Food Service Training Manager, PATRICIA CARTER, Food Service Instructor and CLEVELAND RANGE LLC |
| 26-1921 |
| April 21, 2026 |
| U.S. Court of Appeals, Third Circuit |
| Prison Condition |
Docket Report
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| Document Text |
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| Filing 20 MOTION filed by Appellant Brian Randolph for Appointment of Counsel. Certificate of Service dated 06/07/2026. Service made by US mail. (AMR) [Entered: 06/16/2026 02:04 PM] |
| Filing 19 Brief Received. As no briefing schedule has yet issued, the brief is construed as a document in support of the appeal filed by Appellant Brian Randolph. Certificate of Service dated 05/31/2026. Service made by US mail. (AMR) [Entered: 06/15/2026 02:11 PM] |
| Filing 18 MOTION filed by Appellant Brian Randolph for Appointment of Counsel and Brief in Support of Motion for Appointment of Counsel. Clerk's office made service on 06/02/2026. Service made by ECF. (AMR) [Entered: 06/02/2026 11:24 AM] |
| Filing 17 AMENDED MOTION filed by Appellant Brian Randolph for Appointment of Counsel. Certificate of Service dated 05/15/2026. Service made by US mail. (AMR) [Entered: 06/02/2026 11:17 AM] |
| Filing 16 MOTION filed by Appellant Brian Randolph for Appointment of Counsel. Clerk's office made service on 06/02/2026. Service made by ECF. (AMR) [Entered: 06/02/2026 11:15 AM] |
Filing 15
ORDER (Clerk) The foregoing motions are considered. The 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. 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. It is noted that this Court did not receive an initial motion from Appellant for appointment of counsel. However, Appellant's amended motion for appointment of counsel 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. The court may reconsider in forma pauperis status at any time. (AMR) [Entered: 05/14/2026 03:22 PM]
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| Filing 14 IN FORMA PAUPERIS PRISONER ADDENDUM on behalf of Appellant Brian Randolph. (AMR) [Entered: 05/13/2026 04:12 PM] |
| Filing 13 IN FORMA PAUPERIS PRISONER AUTHORIZATION on behalf of Appellant Brian Randolph. (AMR) [Entered: 05/13/2026 04:12 PM] |
| Filing 12 PRISONER ACCOUNT STATEMENT on behalf of Appellant Brian Randolph. (AMR) [Entered: 05/13/2026 04:11 PM] |
| Filing 11 MOTION filed by Appellant Brian Randolph to Proceed In Forma Pauperis. Clerk's office made service on 05/13/2026. Service made by ECF. (AMR) [Entered: 05/13/2026 04:09 PM] |
| Filing 10 AMENDED MOTION filed by Appellant Brian Randolph for Appointment of Counsel. Certificate of Service dated 05/07/2026. Service made by US mail. (AMR) [Entered: 05/13/2026 04:07 PM] |
| Filing 9 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Cleveland Range LLC. [26-1921] (SDM) [Entered: 04/30/2026 02:53 PM] |
| Filing 8 ECF FILER: ENTRY OF APPEARANCE from Stephen D Menard on behalf of Appellee(s) Cleveland Range, LLC. [26-1921] (SDM) [Entered: 04/27/2026 02:16 PM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Joseph P Trabucco on behalf of Appellee(s) Cleveland Range LLC. [26-1921] (SDM) [Entered: 04/27/2026 02:14 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from Dennis P Herbert on behalf of Appellee(s) Cleveland Range, LLC. [26-1921] (SDM) [Entered: 04/27/2026 02:12 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Anthony Thomas Kovalchick on behalf of Appellee(s) Justin Moore; Larry Boggs; Eric Haag; Patricia Carter. [26-1921] (ATK) [Entered: 04/27/2026 10:58 AM] |
| Filing 4 MOTION filed by Appellant Brian Randolph for issuance of certificate of appealability. Certificate of Service dated 04/12/2026. Service made by US mail. (LMR) [Entered: 04/21/2026 12:41 PM] |
| Filing 3 RECORD available on District Court CM/ECF. (LMR) [Entered: 04/21/2026 12:37 PM] |
| Filing 2 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 (LMR) [Entered: 04/21/2026 12:36 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Brian Randolph in District Court No. 2:23-cv-00796. (LMR) [Entered: 04/21/2026 12:27 PM] |
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