Johnson v. Decampli et al
| Jonathan Johnson |
| Anthony Decampli, Sgt. Anthony Decompli, Norman Figouroa, Sgt. Norman Figouroa, Vital Core Health Strategies, Sgt. Anthony Decampli and Robert May |
| 1:2026cv00107 |
| January 29, 2026 |
| U.S. District Court for the District of Delaware |
| Christopher J Burke |
| Jennifer L Hall |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 20, 2026. A more recent docket listing may be available from PACER.
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Filing 34
ORAL ORDER: The Court, having reviewed Plaintiffs motion for appointment of counsel (Motion), (D.I. #8 ), hereby ORDERS that the Motion is DENIED without prejudice to renew at a later stage in the case. A pro se plaintiff in a civil action has no constitutional or statutory right to counsel. See Parham v. Johnson, 126 F.3d 454, 456-57 (3d Cir. 1997). The Court can determine, in its discretion, whether the appointment of counsel is warranted based on the circumstances presented in that particular case. 28 U.S.C. 1915(e)(1). Here, the Court has reviewed several non-exhaustive factors that the United States Court of Appeals for the Third Circuit has indicated may be relevant to this type of request for counsel, see Montgomery v. Pinchak, 294 F.3d 492, 499 (3d Cir. 2002); Tabron v. Grace, 6 F.3d 147, 155-57 (3d Cir. 1993), and after doing so, it declines to appoint Plaintiff counsel at this time. The Court does so because: (1) this case does not involve unduly complex legal issues; (2) Plaintiff, in light of the nature and content of his filings so far in the case, has demonstrated a sufficient ability to represent himself (including the ability to obtain access to writing materials and to make filings with the Court); and (3) the Court is mindful of the need to use the resource of volunteer attorney time judiciously. See id. The Motion does not show a likelihood of substantial prejudice, warranting exercise of this Courts discretionary power to appoint counsel. See Tabron, 6 F.3d at 154. Ordered by Judge Christopher J. Burke on 07/20/2026. (sam)
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Filing 33
ORAL ORDER: The Court, having reviewed Plaintiffs Motion to Stay Plaintiffs Response to Defendants Motions to Dismiss Pending the Outcome to Plaintiffs Motion for Appointment of Counsel and/or Motion to Extend Time (Motion), (D.I. #32 ), hereby ORDERS that the Motion is GRANTED-IN-Part and DENIED-IN-PART as follows: (1) to the extent that Plaintiff is requesting a stay on the briefing of the pending motions to dismiss, (D.I. #12 ; D.I. #30 ), that portion of the Motion is DENIED.; (2) Plaintiffs request for an extension of time to file a response to the pending motions to dismiss is GRANTED.; and (3) Plaintiff shall file answering briefs to the pending motions to dismiss, (id.), on or before September 14, 2026. Plaintiff is advised that failure to file a response to the motions may result in them being granted as unopposed. Ordered by Judge Christopher J. Burke on 07/13/2026. (sam)
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| Filing 32 MOTION to Stay Plaintiff's Response to Defendant's Motion to Dismiss (D.I. #12 ; D.I. #30 ) and/or MOTION for Extension of Time to File Response - filed by Jonathan Johnson. (Attachments: #1 Exhibit 1) Motion referred to Christopher J. Burke.(mpb) Modified on 7/10/2026 (sam). |
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Filing 31
ORAL ORDER: The Court, having reviewed Defendants motion to stay (Motion), (D.I. #29 ), which is unopposed, hereby ORDERS that the Motion is GRANTED, and discovery in the case is stayed until the Court resolves the pending motions to dismiss, (D.I. #12 ; D.I. #30 ), and motion to amend, (D.I. #16 ). Ordered by Judge Christopher J. Burke on 06/18/2026. (sam)
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| Filing 30 MOTION to Dismiss for Failure to State a Claim - filed by Anthony Decampli, Norman Figouroa, Robert May. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)Motions referred to Christopher J. Burke.(Brady, Kelsey) |
| Filing 29 MOTION to Stay - filed by Vital Core Health Strategies. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)Motions referred to Christopher J. Burke.(Stanley, Scott) |
| Filing 28 REPLY BRIEF in support of D.I. #16 MOTION to Amend Complaint - filed by Jonathan Johnson. (mpb) |
| Filing 27 Letter to Judge Christopher Burke from Scott Stanley, Esq regarding Courtesy Copies hand delivered - re #26 Answering Brief in Opposition. (Stanley, Scott) |
| Filing 26 ANSWERING BRIEF in Opposition re #16 MOTION to Amend/Correct filed by Vital Core Health Strategies.Reply Brief due date per Local Rules is 5/18/2026. (Attachments: #1 Certificate of Service)(Stanley, Scott) |
| Remark: The Oral Order at D.I. 25 was mailed to Plaintiff on 5/8/2026. (scs) |
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Filing 25
ORAL ORDER: The Court, having reviewed the docket, hereby ORDERS as follows: (1) With regard to the pending motion to dismiss, (D.I. #12 ), Plaintiff has filed a motion seeking an extension of time to file his answering brief to that motion (Motion for Extension of Time), (D.I. #15 ). No Defendant formally opposed the Motion for Extension of Time (such as by filing an answering brief in opposition thereto), and so the Motion for Extension of Time is GRANTED and, under the circumstances, the Court will extend the time for response beyond that requested, such that absent further Court order to the contrary, Plaintiff shall file his answering brief to the motion to dismiss by no later than June 22, 2026. Absent further Court order to the contrary, Defendant Vital Core Health Strategies (Vital Core) shall file a reply brief in support of the motion to dismiss by no later than July 6, 2026.; (2) Plaintiff has also filed a motion to amend the Complaint. (D.I. #16 ) If any Defendant opposes that motion, it should file an answering brief in opposition by the deadline set by the Local Rules for such a brief. If that does not happen, the Court will consider the motion to amend to be unopposed.; and (3) To the extent Vital Core is seeking a stay of discovery in this case until other pending motions are adjudicated, that amounts to a request for relief, and thus should be made via the filing of a motion. See D. Del. LR 7.1.2(a). Ordered by Judge Christopher J. Burke on 5/8/2026. (mlc)
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| Filing 24 Letter to Judge Christopher Burke from Scott Stanley, Esq regarding Plaintiff's Amended Complaint. (Stanley, Scott) |
| Filing 23 NOTICE of Appearance by Scott Stanley on behalf of Vital Core Health Strategies (Attachments: #1 Certificate of Service)(Stanley, Scott) |
| Filing 22 NOTICE of Appearance by Kelsey Brady on behalf of Anthony Decampli, Norman Figouroa, Robert May (Attachments: #1 Certificate of Service)(Brady, Kelsey) |
| Filing 21 WAIVER OF SERVICE returned executed by Robert May, Anthony Decampli, Norman Figouroa: (Attachments: #1 Certificate of Service)(Davis, Patricia) |
| Filing 20 NOTICE of Appearance by Patricia A. Davis on behalf of Anthony Decampli, Norman Figouroa, Robert May (Attachments: #1 Certificate of Service)(Davis, Patricia) |
| Filing 19 CERTIFICATE OF SERVICE of D.I. #16 MOTION to Amend Complaint, D.I. #17 Request for Production of Documents, and D.I. #18 Request for Admissions - filed by Jonathan Johnson. (mpb) |
| Filing 18 REQUEST for Admissions directed to the Defendants - filed by Jonathan Johnson.(mpb) |
| Filing 17 REQUEST for Production of Documents directed to the Defendants - filed by Jonathan Johnson.(mpb) |
| Filing 16 MOTION to Amend Complaint - filed by Jonathan Johnson. (Attachments: #1 Exhibit A1-B3) Motions referred to Christopher J. Burke. (mpb) |
| Filing 15 MOTION for Extension of Time to File Response/Reply as to D.I. #12 First MOTION to Dismiss for Failure to State a Claim - filed by Jonathan Johnson. (Attachments: #1 Certificate of Service)Motions referred to Christopher J. Burke.(mpb) |
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Filing 14
ORAL ORDER: CASE REFERRED to Magistrate Judge Christopher J. Burke 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 3/11/2026. (alb)
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| Filing 13 OPENING BRIEF in Support re #12 MOTION to Dismiss for Failure to State a Claim, filed by Vital Core Health Strategies. Answering Brief/Response due date per #6 Order is 4/10/2026. (Attachments: #1 Certificate of Service)(Swift, Kristen) Modified on 3/11/2026 (ceg). |
| CORRECTING ENTRY: The Opening Brief filed as an attachment to the motion at D.I. #12 has been removed. Motions and briefs are to be filed separately. Counsel is to refile the opening brief accordingly. (ceg) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim - filed by Vital Core Health Strategies. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service) (Swift, Kristen) Modified docket text on 3/11/2026 (ceg). |
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Filing 11
ORAL ORDER: Having reviewed Vital Core's Local Rule 81.2 Statement (D.I. #7 ), IT IS HEREBY ORDERED that the parties need not respond to discovery requests not filed in this Court. Ordered by Judge Jennifer L. Hall on 2/20/2026. ***Copy mailed to Pro Se Plaintiff on 2/20/2026*** (ceg)
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| Filing 10 AFFIDAVIT of Jonathan Johnson in Support of D.I. #8 MOTION for Appointment of Counsel filed by Jonathan Johnson. (Attachments: #1 Exhibit, #2 Certificate of Service)(slk) |
| Filing 9 MEMORANDUM in Support of D.I. #8 MOTION for Appointment of Counsel filed by Jonathan Johnson. (Attachments: #1 Certificate of Service)(slk) |
| Filing 8 MOTION for Appointment of Counsel - filed by Jonathan Johnson. (Attachments: #1 Notice of Motion, #2 Certificate of Service)(slk) |
| Filing 7 STATEMENT re #5 Proposed Order by Vital Core Health Strategies. (Swift, Kristen) (Additional attachment(s) added on 2/17/2026: #1 Certificate of Service) (ceg). |
| CORRECTING ENTRY: D.I. 8 has been removed from the docket. The Certificate of Service filed at that entry has been added to the filing at D.I. #7 . (ceg) |
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Filing 6
ORDER re #5 Proposed Order: IT IS HEREBY ORDERED that the following schedule shall govern briefing on Vital Core's Motion to Dismiss Plaintiffs Complaint: Defendant shall file its Opening Brief on or by March 10, 2026; Plaintiff shall file his Answering Brief on or by April 10, 2026; and Defendant shall file its Reply Brief on or by April 27, 2026. Signed by Judge Jennifer L. Hall on 2/10/2026. ***Copy mailed to Pro Se Plaintiff on 2/10/2026*** (ceg)
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| Filing 5 PROPOSED ORDER Briefing Schedule on Vital Health's Motion to Dismiss by Vital Core Health Strategies. (Attachments: #1 Certificate of Service)(Swift, Kristen) |
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Filing 4
DDOC-DDOJ 90 days SERVICE ORDER: The Clerk of Court shall notify the Delaware Department of Correction and the Delaware Department of Justice of this Service Order. As an attachment to this Order, the Clerk of Court shall serve an electronic copy of the amended complaint and attachments (D.I. #1 , #1 -1, #1 -2, #1 -3) on the DDOC and DDOJ. The Court requests that Defendants waive service of summons. See Order for further details. Signed by Judge Jennifer L. Hall on 02/06/2026. (mrr)
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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 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Vital Core Health Strategies. (mrr) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mrr) |
| Filing 1 NOTICE OF REMOVAL (PRO SE) and copies of documents from DE Superior Court, Case Number N25C-05-164 KMV (Filing fee $405, receipt number ADEDC-4888775) - filed by Vital Core Health Strategies. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(mrr) |
| Remark: Magistrate Consent form, Acknowledgment of Magistrate Consent form, and Privacy Notice has been mailed to Plaintiff (mrr) |
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