Gomez v. Cullen et al
| Jorge Gomez |
| Bureau of Prisons, B. Zalno, John Doe, K. Sorrell, Thomas Cullen, J.B. Foster, United States of America and Ryan Parkyn |
| George Robinson |
| 9:2021cv00658 |
| June 7, 2021 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Brenda K Sannes |
| Daniel J Stewart |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.
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Filing 59
Letter requesting three blank USM-285 forms filed by Jorge Gomez. (Mailing envelope included) [The Clerk is sending three USM-285s to plaintiff.] (meb)
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Filing 58
ORDER OF RECUSAL: The Court has considered and determined, sua sponte, that recusal is appropriate under 28 U.S.C. 455. The Clerk of the Court is therefore directed to reassign this case forthwith. Case reassigned to Chief Judge Glenn T. Suddaby for all further proceedings. Signed by Judge Brenda K. Sannes on 7/26/2021. (Copy served via regular mail)(meb)
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Filing 57
NOTICE to plaintiff that three copies of the second amended complaint and three completed USM-285 forms are required by August 25, 2021 to complete service. (Copy sent via regular mail) (meb)
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Filing 56
DECISION AND ORDER: It is hereby ORDERED that plaintiff's second amended complaint (Dkt. No. #17 ) is ACCEPTED for filing and is the operative pleading in this action; and it is further ORDERED that the claims surviving the Court's initial review of the second amended complaint pursuant to 28 U.S.C. 1915 and 28 U.S.C. 1915A are the following: (1) Eighth Amendment deliberate medical indifference claims asserted against defendants Foster and Sorrell; and (2) Federal Tort Claims Act medical malpractice claim asserted against the United States arising from defendant Foster's and defendant Sorrell's medical treatment of plaintiff between January 26, 2018 and May 4, 2018; and it is further ORDERED that, except as to the foregoing, plaintiff's claims arising in this District asserted against defendants Foster, Sorrell, Robinson, and the United States are DISMISSED without prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1); and it is further ORDERED that the Clerk of the Court shall issue summonses and forward them, along with a copy of the second amended complaint, to the United States Marshal Service for service on defendants Foster and Sorrell, as well as for service on the United States Attorney for the Northern District of New York and the Attorney General of the United States in Washington, D.C. pursuant to Rule 4(i) of the Federal Rules of Civil Procedure. The Clerk shall also forward a courtesy copy of the second amended complaint and this Decision and Order to the United States Attorney's Office for the Northern District of New York; and it is further ORDERED that defendants Foster, Sorrell, and the United States shall respond to the second amended complaint in accordance with the Federal Rules of Civil Procedure; and it is further ORDERED that the Clerk shall TERMINATE from the docket defendant Robinson as a party. Signed by Judge Brenda K. Sannes on 7/26/2021. (Copy served via regular mail)(meb)
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Set Deadline: Notice of Compliance Deadline 8/25/2021. (meb)
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Filing 55
DECISION AND ORDER: It is hereby ORDERED that Plaintiff's Motion for Reconsideration (as it relates to the transfer order issued by the Middle District of Pennsylvania) (Dkt. No. #53 ) is DENIED; and it is further ORDERED that the Clerk of this Court forward a copy of Plaintiff's motion for reconsideration (Dkt. No. #53 ) to the Middle District of Pennsylvania, along with a copy of this Decision and Order, for consideration as it relates to the claims over which that court retains jurisdiction. Signed by Magistrate Judge Daniel J. Stewart on 7/13/2021. (Copy served via regular mail)(meb)
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Filing 54
Letter Request for a status update on this case filed by Jorge Gomez. (Mailing envelope included) (meb)
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Filing 53
MOTION for Reconsideration of the #50 Order filed by Jorge Gomez. (Attachments: #1 Exhibit(s), #2 Mailing envelope) (meb)
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Filing 52
Letter requesting a copy of the docket sheet filed by Jorge Gomez. (Mailing envelope included) [The Clerk is sending a copy of the docket sheet to plaintiff via regular mail.] (meb)
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Filing 51
Case transferred in from District of Pennsylvania Middle; Case Number 1:20-cv-01637. electronically transferred when case opened
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Filing 50
ORDER (memorandum filed previously as separate docket entry #49 ) re #38 - AND NOW, on this 7th day of June 2021, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT: 1. Defendants motion to dismiss and/or for summary judgment (Doc. No. 38) is GRANTED in part and DENIED in part. See Order for complete details. Signed by Honorable Yvette Kane on 6/7/21. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 49
MEMORANDUM (Order to follow as separate docket entry #50 ) re #38 MOTION to Dismiss MOTION for Summary Judgment - See Memorandum for further details. Signed by Honorable Yvette Kane on 6/7/21. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 48
SUR REPLY to REPLY to Response to Motion re MOTION to Dismiss, MOTION for Summary Judgment #38 filed by Jorge Gomez.(ibr) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Receipt of payment from JORGE GOMEZ in the amount of $40.00 for PLRA CIVIL FILING FEE. Transaction posted on 4/13/2021. Receipt number 333075877 processed by smurphy. (jjs) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 47
REPLY BRIEF re #38 MOTION to Dismiss MOTION for Summary Judgment filed by Thomas Cullen, J.B. Foster, Ryan Parkyn, George Robinson, K Sorrell, United States of America, B. Zalno.(Swauger, Melissa) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 46
Supplement filed by Jorge Gomez. to #44 Brief in Opposition to Motion for Summary Judgment. (pjr) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 45
ORDER denying #33 Motion to Appoint Counsel - See Order for further details. Signed by Honorable Yvette Kane on 3/16/21. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 44
BRIEF IN OPPOSITION re MOTION to Dismiss MOTION for Summary Judgment #38 filed by Jorge Gomez.(ibr) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 43
BRIEF IN SUPPORT re #38 MOTION to Dismiss MOTION for Summary Judgment filed by Thomas Cullen, J.B. Foster, Ryan Parkyn, George Robinson, K Sorrell, United States of America, B. Zalno. (Attachments: #1 Unpublished Opinion(s))(Swauger, Melissa) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 42
STATEMENT OF FACTS by Thomas Cullen, J.B. Foster, Ryan Parkyn, George Robinson, K Sorrell, United States of America, B. Zalno. (Attachments: #1 Index, #2 Exhibit(s) #1 with Attachment, #3 Exhibit(s) #2)(Swauger, Melissa) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 41
ORDER granting #39 - Defendants may file a reply brief in support of their motion to dismiss and for summary judgment which does not exceed 34 pages. Signed by Honorable Yvette Kane on 3/10/21. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 40
BRIEF IN SUPPORT re #39 MOTION to Exceed Page Limitation filed by Thomas Cullen, J.B. Foster, Ryan Parkyn, George Robinson, K Sorrell, United States of America, B. Zalno.(Swauger, Melissa) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 39
MOTION to Exceed Page Limitation by Thomas Cullen, J.B. Foster, Ryan Parkyn, George Robinson, K Sorrell, United States of America, B. Zalno. (Attachments: #1 Proposed Order)(Swauger, Melissa) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Receipt of payment from JORGE GOMEZ in the amount of $159.33 for PLRA CIVIL FILING FEE. Transaction posted on 3/8/2021. Receipt number 333075335 processed by epetrosk. (jjs) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 38
MOTION to Dismiss , MOTION for Summary Judgment by Thomas Cullen, J.B. Foster, Ryan Parkyn, K Sorrell, United States of America, B. Zalno, George Robinson. (Attachments: #1 Proposed Order, #2 Proposed Order)(Swauger, Melissa) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 37
Letter by Jorge Gomez re opposition to dfts' extension of time to respond to complaint. #30 (sm) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Receipt of payment from JORGE GOMEZ in the amount of $50.00 for PLRA CIVIL FILING FEE. Transaction posted on 2/11/2021. Receipt number 333074950 processed by gangeli. (jjs) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 36
ORDER (memorandum filed previously as separate docket entry #35 ) - AND NOW, on this 11th day of February 2021, in accordance with the Memorandum accompanying this Order, IT IS ORDERED THAT Plaintiffs motion for emergency preliminary injunctive relief (Doc. No. #27 ) is DENIED. Signed by Honorable Yvette Kane on 2/11/21. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 35
MEMORANDUM (Order to follow as separate docket entry #36 ) re #27 - SEE MEMORANDUM FOR FURTHER DETAILS. Signed by Honorable Yvette Kane on 2/11/21. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 34
BRIEF IN SUPPORT re #33 MOTION to Appoint Counsel filed by Jorge Gomez.(dw) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 33
MOTION to Appoint Counsel by Jorge Gomez.(dw) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 32
Additional Copy Request Received from Gomez re docket sheet.( docket sheet mailed 12/28/20) (sm) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 31
RESPONSE by Jorge Gomez to dfts' notice of intent.. (sm) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 30
ORDER granting #29 - Defendants may respond to the complaint on or before March 1, 2021. Signed by Honorable Yvette Kane on 1/29/21. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 29
MOTION for Extension of Time to 30 days by United States of America. (Attachments: #1 Proposed Order)(Swauger, Melissa) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 28
BRIEF IN SUPPORT re #27 request for Emergency Preliminary Injunction(sm) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 27
MOTION (entitled Brief in support) for Emergency Preliminary Injunction Relief by Jorge Gomez. (sm) Modified on 1/26/2021 (sm). [Transferred from Pennsylvania Middle on 6/7/2021.]
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Receipt of payment from JORGE GOMEZ in the amount of $41.00 for PLRA CIVIL FILING FEE. Transaction posted on 1/20/2021. Receipt number 333074626 processed by epetrosk. (jjs) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 26
SUMMONS Returned Executed by Jorge Gomez. Attorney General served on 12/7/2020, answer due 2/5/2021. (sm) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Receipt of payment from JORGE GOMEZ in the amount of $28.35 for PLRA CIVIL FILING FEE. Transaction posted on 1/6/2021. Receipt number 333074382 processed by smurphy. (jjs) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 25
Copy Request Received from Gomez re docs 21 and 22. Courtesy copies mailed 12/28/20 (sm) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 24
AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff. (sm) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 23
RETURN OF SERVICE of 285 U.S.Marshal form served on 12/3/20 on U.S. Attorney, Scranton, PA (ga) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 22
ORDER granting #21 Motion to Extend Time - Defendants may respond to the complaint on or before January 29, 2021. Signed by Honorable Yvette Kane on 11/23/20. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 21
MOTION for Extension of Time to respond until January 29, 2021 by United States of America. (Attachments: #1 Proposed Order)(Swauger, Melissa) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 20
Waiver of Service forms (AO 398 and 399) Mailed to Thomas Cullen, J.B. Foster, Ryan Parkyn, K Sorrell, B. Zalno. WAIVERS NOT SENT TO JOHN DOE DUE TO NO NAME PROVIDED. Waiver of Service due by 12/10/2020. (Attachments: #1 Labels)(dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 19
Summons Issued as to United States of America and provided TO U.S. MARSHAL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 18
ORDER DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND 399 WAIVERS FORMS to defendants and ORDER DIRECTING U.S. MARSHAL TO SERVE SUMMONS AND COMPLAINT on U.S. Attorney's Office-Scranton and U.S. Attorney General. Signed by Honorable Yvette Kane on 11/10/20. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 17
Second Amended Complaint by Jorge Gomez.. (ep) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 16
NOTICE of Intent to Pursue Under Medical Negligence To Proceed on Certificate of Merit by Jorge Gomez. (dw) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 15
ORDER - AND NOW, on this 30th day of October 2020, upon consideration of pro se Plaintiff Jorge Gomez (Plaintiff)s motion for action under the Federal Tort Claims Act (Doc. No. #13 ) and exhibit in support thereof (Doc. No. 14), IT IS ORDERED THAT Plaintiffs motion (Doc. No. 13) is DENIED WITHOUT PREJUDICE. See Order for further details. Signed by Honorable Yvette Kane on 10/30/20. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 14
EXHIBIT A by Jorge Gomez re #13 MOTION For Action Under The Federal Tort Claims Act. (ga) (Additional attachment(s) added on 10/30/2020: #1 Exhibit(s) B, #2 Exhibit(s) C) (ga). [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 13
MOTION For Action Under The Federal Tort Claims Act by Jorge Gomez.(ga) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Receipt of payment from JORGE GOMEZ in the amount of $31.32 for PLRA CIVIL FILING FEE. Transaction posted on 10/23/2020. Receipt number 333073509 processed by smurphy. (jjs) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 12
REQUEST dtd 10/13/20 for copy of docket sheet by Jorge Gomez. (ao) [Transferred from Pennsylvania Middle on 6/7/2021.]
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DOCKET ANNOTATION: Docket sheet sent Pltf. (ao) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 11
Waiver of Service forms (AO 398 and 399) Mailed to Thomas Cullen, J.B. Foster, Ryan Parkyn, K Sorrell, B. Zalno - Waiver of Service due by 11/13/2020. (Attachments: #1 Labels)(dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 10
ORDER DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND 399 WAIVERS FORMS to defendants. See Order for details. Signed by Honorable Yvette Kane on 10/14/20. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 9
AMENDED COMPLAINT against All Defendants, filed by Jorge Gomez.(mw) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 8
Waiver of Service forms (AO 398 and 399) Mailed to All Defendants Waiver of Service due by 10/30/2020. (Attachments: #1 Labels)(dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 7
ORDER DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND 399 WAIVERS FORMS to defendants. AND NOW, on this 30th day of September 2020, upon consideration of pro se Plaintiff Jorge Gomez (Plaintiff)s complaint (Doc. No. 1), motions for leave to proceed in forma pauperis (Doc. Nos. 2, 5), and prisoner trust fund account statement (Doc. No. 6), IT IS ORDERED THAT: 1.Plaintiffs motions for leave to proceed in forma pauperis (Doc. Nos. 2, 5) are GRANTED, and the complaint (Doc. No. 1) is (DEEMED FILED); SEE ORDER FOR FURTHER DETAILS.Signed by Honorable Yvette Kane on 9/30/20. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 6
Prisoner Trust Fund Account Statement by Jorge Gomez. (kpf) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 5
MOTION for Leave to Proceed in forma pauperis by Jorge Gomez. (kpf) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 4
(THIRTY (30) DAY ADMINISTRATIVE ORDER) directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed.Signed by LP on 9/14/2020. (Attachments: #1 IFP)(mw) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 3
PRO SE LETTER ISSUED w/ Notice & Consent Form. (Attachments: #1 Complaint Packet) (mw) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Jorge Gomez.(mw) [Transferred from Pennsylvania Middle on 6/7/2021.]
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Filing 1
COMPLAINT against All Defendants lodged pending the disposition of the Motion to Proceed In Forma Pauperis, filed by Jorge Gomez.(mw) [Transferred from Pennsylvania Middle on 6/7/2021.]
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