Wharton v. Emit et al
| Dai'Yann Wharton |
| Warden Emit, Shift Commander Kosed, Lieutenant Hieshman, Correctional Officer Burtell, Correctional Officer c/o Powell, Sergeant Jim Gregory, Staff Lieutenant Nathan Atherholt, Correctional Officer Brendin Mote and Sergeant Marvin Mejia |
| 1:2025cv00842 |
| July 8, 2025 |
| U.S. District Court for the District of Delaware |
| Maryellen Noreika |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 Address Update provided by DE Department of Corrections, RE: Dai'Yann Wharton. The Plaintiff is still located at James T. Vaughn Correctional Center. (mpb) |
| Remark: A copy of the Notice of Electronic Filing of D.I. #11 shall be re-mailed to the Plaintiff at his confirmed addressed. (mpb) |
| Filing 12 Return of Undeliverable Mail of Notice of Electronic Filing of D.I. #11 sent to Dai'Yann Wharton. Return to Sender, Not deliverable as addressed, Unable to forward. (mpb) |
| Remark: Fax Sent to DDOC Central Offenders Records requesting forwarding address for the following Plaintiff: Dai'Yann Wharton. (mpb) |
| Filing 11 MOTION to Appoint Counsel - filed by Dai'Yann Wharton. (Attachments: #1 Envelope)(slk) |
| Filing 10 Authorization by Dai'Yann Wharton requesting Prison Business Office to disburse payments to the Clerk of the Court. (copy of assessment order and authorization to Prison mail to Business Office) (Attachments: #1 Envelope) (oam) |
| Partial Filing Fee Received from Dai'Yann Wharton: $ 57.15, receipt number 4515. (mrr) |
Filing 9
ORDER granting Motion to Proceed IFP. Filing Fee of $350 Assessed. An initial partial filing fee of $57.15 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. Notice of Compliance deadline set for 9/26/2025. Signed by Judge Maryellen Noreika on 08/27/2025. (Attachments: #1 Authorization) (jfm)
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| Filing 8 Trust Fund Account Statement by Dai'Yann Wharton (oam) |
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Filing 7
ORDER - IT IS HEREBY ORDERED that by no later than thirty (30) days from the date of this order, Plaintiff shall submit to the Clerk of Court, a certified copy of their trust fund account statement (memorandum or institutional equivalent, with attachments) showing all deposits, expenditures and balances during the SIX-MONTH PERIOD, immediately preceding the filing of the complaint, obtained from the appropriate official at the institution at which Plaintiff is confined. Signed by Judge Maryellen Noreika on 7/23/2025. ***Copy mailed to Pro Se Plaintiff 7/23/2025*** (dlw)
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| Filing 6 Trust Fund Account Statement by Dai'Yann Wharton (oam) |
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Filing 5
ORDER granting Motion to Proceed IFP. Filing Fee of $350.00 Assessed. Plaintiff shall submit a certified copy of their Trust Fund Account Statement. Failure to submit items within 30 days will result in dismissal of action without prejudice. (Notice of Compliance deadline set for 8/15/2025.). Signed by Judge Maryellen Noreika on 7/16/2025. (mpb)
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| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (alb) |
| Filing 4 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mrr) |
| Filing 3 COMPLAINT filed pursuant to 42:1983 with Jury Demand against Nathan Atherholt, Burtell, Emit, Jim Gregory, Hieshman, Kosed, Mejia Marvin, Brendin Mote, c/o Powell - filed by Dai'Yann Wharton. (Attachments: #1 Civil Cover Sheet)(mrr) |
| Filing 2 Trust Fund Account Statement by Dai'Yann Wharton (mrr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis - filed by Dai'Yann Wharton. (mrr) (Main Document 1 replaced on 7/8/2025) (mrr). |
| Remark: Magistrate Consent form, Acknowledgment of Magistrate Consent form, and Privacy Notice has been mailed to Plaintiff. (mrr) |
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