Abbatiello v. Metzger et al
Plaintiff: Anthony A. Abbatiello
Defendant: Dana Metzger, David Hugg and Perry Phelps
Case Number: 1:2019cv01317
Filed: July 16, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Colm F Connolly
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 4, 2019 Opinion or Order Filing 14 ORDER, Warden Dana Metzger of the James T. Vaughn Correctional Center shall file a response to Plaintiff's motions ( #4 and #9 ) on or before October 5, 2019. The Clerk of Court shall notify the Delaware Department of Correction and the Delaware Department of Justice of this order via electronic notification. Signed by Judge Colm F. Connolly on 9/4/2019. (Attachments: #1 D.I. 4, #2 D.I. 9) (lak)
September 4, 2019 Opinion or Order Filing 13 ORDER, CASE REOPENED. The motion for reconsideration #12 is GRANTED to the extent that it is reopened and Plaintiff's motions (D.I. #4 , #5 , #6 , #9 ) are REINSTATED as pending. The motion for reconsideration #12 is DENIED to the extent that Plaintiff seeks a waiver of the filing fee should he file a new complaint raising an asbestos claim. Signed by Judge Colm F. Connolly on 9/4/2019. (lak)
August 26, 2019 Filing 12 MOTION to Reinstate Suite - filed by Anthony A. Abbatiello. (Attachments: #1 Exhibit) (lak)
August 20, 2019 Opinion or Order Filing 11 ORDER - The motion to voluntarily dismiss is GRANTED. (D.I. #10 ). Plaintiff is required to pay the filing fee and his assessed initial partial filingfee in accordance with the August 1, 2019 Order, (D.I. #7 ). All other pending motions are DENIED as moot; (D.I. #4 , #5 , #6 , #9 ). The Clerk of the Court shall CLOSE this case. (CASE CLOSED). Signed by Judge Colm F. Connolly on 8/20/2019. (nmg)
August 16, 2019 D.I. #10 has been adjusted to reflect that it is a Motion to Withdraw. (fms)
August 15, 2019 Filing 10 MOTION to Withdraw by Anthony A. Abbatiello (nmg) Modified on 8/16/2019 (fms).
August 6, 2019 Filing 9 MOTION for Preliminary Injunction and Restraining Order - filed by Anthony A. Abbatiello. (kmd)
August 6, 2019 Filing 8 Authorization by Anthony A. Abbatiello requesting Prison Business Office to disburse payments to the Clerk of the Court. (copy of assessment order and authorization to Prison Business Office) (kmd)
August 1, 2019 Opinion or Order Filing 7 ORDER - Motion to Proceed IFP (D.I. #1 ) is GRANTED. Filing Fee of $350.00 Assessed. An initial partial filing fee of $30.09 shall be required. Plaintiff shall return the attached payment authorization within 30 days. Failure to return payment authorization shall result in dismissal of action without prejudice. (Copy to pltf. with Mag. Consent Form)( Notice of Compliance deadline set for 9/3/2019.). Signed by Judge Colm F. Connolly on 08/01/2019. (mal)
July 24, 2019 Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (nmg)
July 16, 2019 Filing 6 MOTION to preserve evidence. (evidence sealed in separate envelope) - filed by Anthony A. Abbatiello. (lak)
July 16, 2019 Filing 5 MOTION to Appoint Counsel - filed by Anthony A. Abbatiello. (lak)
July 16, 2019 Filing 4 MOTION for Protective Order - filed by Anthony A. Abbatiello. (lak)
July 16, 2019 Filing 3 COMPLAINT - filed pursuant to 42:1983 with Jury Demand against David Hugg, Dana Metzger, Perry Phelps - filed by Anthony A. Abbatiello. (Attachments: #1 Cover Letter, #2 Civil Cover Sheet - INCOMPLETE) (lak)
July 16, 2019 Filing 2 Trust Fund Account Statement - filed by Anthony A. Abbatiello (lak)
July 16, 2019 Filing 1 MOTION for Leave to Proceed in forma pauperis - filed by Anthony A. Abbatiello. (lak)

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Defendant: Dana Metzger
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Defendant: David Hugg
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Defendant: Perry Phelps
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Plaintiff: Anthony A. Abbatiello
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