Melton v. Payton et al
| Dominique N. Melton |
| Nathaniel Payton, John Pusey, Jones and John Does |
| 1:2025cv01449 |
| December 1, 2025 |
| U.S. District Court for the District of Delaware |
| Sherry R Fallon |
| Jennifer L Hall |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 6, 2026. A more recent docket listing may be available from PACER.
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| Set Answer Deadline: 7/6/2026 for all defendants per D.I. #13 . (lih) |
| Filing 13 WAIVER OF SERVICE returned executed by Jones, John Pusey, Nathaniel Payton, John Does: For All Defendants. (Attachments: #1 Certificate of Service)(Huerta, Lorin) |
Filing 12
ORAL ORDER- re #5 MOTION to Appoint Counsel. Plaintiff's Motion to Appoint Counsel is DENIED without prejudice to renew, as Plaintiff has demonstrated sufficient ability to articulate his claims, and concerns regarding Plaintiff's abilities to represent himself at the discovery and trial stages can be taken up later in this case. (1) A pro se plaintiff in a civil action has no constitutional or statutory right to counsel. See Parham v. Johnson, 126 F.3d 454, 456 (3d Cir. 1997); Tabron v. Grace, 6 F.3d 147, 153 (3d Cir. 1993). The Court can determine, in its discretion, whether the appointment of counsel is warranted based on the factors presented in that particular case, including: (1) the plaintiff's ability to present the case; (2) the difficulty of the particular legal issues; (3) the degree to which factual investigation will be necessary and the ability of the plaintiff to pursue investigation; (4) the plaintiff's capacity to retain counsel; (5) the extent to which a case is likely to turn on credibility determinations; and (6) whether the case will require expert testimony. Tabron, 6 F.3d at 155 56. The list is not exhaustive, and no single factor is determinative. Id. at 157. Ordered by Judge Sherry R. Fallon on 4/21/2026. (lih)
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| Remark: D.I. 12 mailed to Dominique N. Melton. (lih) |
| Filing 11 NOTICE of Appearance by Lorin Huerta on behalf of Jones, Nathaniel Payton, John Pusey (Attachments: #1 Certificate of Service)(Huerta, Lorin) |
| Filing 10 Letter to The Honorable Judge Hall regarding John Doe Defendants - re #8 DDOC-DDOJ 90 days Service Order,,,. (Huerta, Lorin) |
| Partial Filing Fee Received from Dominique N. Melton: $ 11.01, receipt number 5447. (mrr) |
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Filing 9
ORAL ORDER: CASE REFERRED to Magistrate Judge Sherry R. Fallon to hear and resolve all pretrial matters, up to and including the resolution of case-dispositive motions, subject to 28 U.S.C. 636(b) and any further Order of the Court. Ordered by Judge Jennifer L. Hall on 3/13/2026. (alb)
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Filing 8
SEERVICE ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall notify the Delaware Department of Correction ("DDOC") and the Delaware Department of Justice ("DDOJ") of this Service Order. As an attachment to this Order, the Clerk of Court shall serve an electronic copy of the complaint (D.1. #3 ) on the DDOC and the DDOJ. The Court requests that Defendants waive service of summons. Defendants shall have ninety (90) days from entry of this Service Order to file a Waiver of Service Executed and/or a Waiver of Service Unexecuted. Upon the electronic filing of the Waiver of Service Executed, Defendants shall have sixty (60) days to answer or otherwise respond to the complaint (*See Order for further details). Signed by Judge Jennifer L. Hall on 02/05/2026. (Attachments: #1 Complaint, #2 Exhibit B) (oam) Modified on 2/6/2026 (ceg).
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| Filing 7 Authorization by Dominique N. Melton requesting Prison Business Office to disburse payments to the Clerk of the Court. (copy of assessment order and authorization to Prison Business Office) (Attachments: #1 Envelope) (slk) |
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Filing 6
ORDER granting #1 Motion to Proceed IFP. Filing Fee of $350.00 Assessed. An initial partial filing fee of $17.08 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 1/2/2026). Signed by Judge Jennifer L. Hall on 12/3/2025. (Attachments: #1 Authorization) ***Copy mailed to Pro Se Plaintiff on 12/3/2025*** (ceg)
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| Case Assigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (alb) |
| Filing 5 MOTION to Appoint Counsel - filed by Dominique N. Melton. (mrr) |
| 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 John Does, Jones, Nathaniel Payton, John Pusey (No Civil Cover Sheet) - filed by Dominique N. Melton. (Attachments: #1 Exhibit B, #2 Envelope)(mrr) |
| Filing 2 Trust Fund Account Statement by Dominique N. Melton (Attachments: #1 Cover Letter, #2 Envelope) (mrr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis - filed by Dominique N. Melton. (mrr) |
| Remark: A Magistrate Consent Form, Acknowledgment of Receipt of Magistrate Consent Form, and Pro-Se Privacy Notice have been mailed to the Plaintiff (mrr) |
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