COOPER v. WETZEL et al
| BENJAMIN COOPER |
| COUNSELOR WENTZEL, K. OWENS, MELISSA DELLIPONTE, JOHN WETZEL, G. ORLANDO, CAPT. MASSELINO, TAMMY FERGUSON, RNS M. SAVAGE, MAJOR GINA CLARK, PA. DEPT. OF CORRECTIONS, DR. JOHN DOE, SCI PHOENIX'S MEDICAL DEPARTMENT, D. BRADLEY, K. SORBER, GERALD KELLY, KERI MOORE, MEDICAL SUPERVISOR JOHN/JANE DOE and JEANNE WELSH |
| 2:2020cv04595 |
| September 17, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| PAUL S DIAMOND |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on July 11, 2022. A more recent docket listing may be available from PACER.
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Doc. 5 and 6 mailed to Pro Se Plaintiff. (er, )
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Filing 6
ORDERED THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. 1915; BENJAMIN COOPER, #GE-0213, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. 1915(B), REGARDLESS OF THE OUTCOME OF THIS CASE. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI-PHOENIX. THE COMPLAINT IS DEEMED FILED. ALL CLAIMS IN THE COMPLAINT AGAINST DEFENDANTS PENNSYLVANIA DEPARTMENT OF CORRECTIONS, SCI-PHOENIX MEDICAL DEPARTMENT, ALL OFFICIAL CAPACITY CLAIMS, AND THE CLAIM FOR VIOLATION OF 42 U.S.C. 1981 ARE DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II) FOR THE REASONS STATED IN MY ORDER. THE CLERK OF COURT IS DIRECTED TO TERMINATE PENNSYLVANIA DEPARTMENT OF CORRECTIONS, SCI-PHOENIX MEDICAL DEPARTMENT AS DEFENDANTS. ALL FEDERAL CLAIMS IN THE COMPLAINT, OTHER THAN THE 1981 CLAIM ADDRESSED IN PARAGRAPH 5, AGAINST DEFENDANTS JOHN WETZEL, JEANNE WELSH, K. OWNS, TAMMY FERGUSON, K. SORBER, DEPUTY SIPPLE, KERI MOORE, RNS M. SAVAGE, CAPT. MASSELINO, MAJOR GINA CLARK, G. ORLANDO, MEDICAL SUPERVISOR JOHN/JANE DOE, COUNSELOR WENTZEL, GERALD KELLY, MELISSA DELLIPONTE, AND D. BRADLEY ARE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II). ALL STATE LAW CLAIMS IN THE COMPLAINT, OTHER THAN CLAIMS AGAINST DEFENDANT DR. JOHN DOE, ARE DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION. COOPER MAY FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. ANY AMENDED COMPLAINT MUST INCLUDE ALL CLAIMS COOPER SEEKS TO ASSERT (INCLUDING HIS CLAIMS AGAINST DEFENDANT DR. JOHN DOE) AND IDENTIFY ALL DEFENDANTS IN THE CAPTION OF THE AMENDED COMPLAINT IN ADDITION TO IDENTIFYING THEM IN THE BODY OF THE AMENDED COMPLAINT AND SHALL STATE THE BASIS FOR COOPERS CLAIMS AGAINST EACH DEFENDANT. CLAIMS THAT ARE NOT INCLUDED IN THE AMENDED COMPLAINT WILL NOT BE CONSIDERED PART OF THIS CASE. THE AMENDED COMPLAINT MUST ALSO PROVIDE AS MUCH IDENTIFYING INFORMATION FOR THE DEFENDANTS AS POSSIBLE. COOPER MAY REFER TO A DEFENDANT BY LAST NAME ONLY IF THAT IS THE ONLY IDENTIFYING INFORMATION AVAILABLE. IF COOPER WISHES TO NAME INDIVIDUALS FOR WHOM HE DOES NOT HAVE ANY IDENTIFYING INFORMATION, HE MAY REFER TO THOSE INDIVIDUALS AS JOHN DOE #1, JOHN DOE #2, ETC. WITHOUT THE NAME OF AT LEAST ONE INDIVIDUAL OR ENTITY, HOWEVER, THE COURT MAY BE UNABLE TO DIRECT SERVICE OF ANY AMENDED COMPLAINT THAT COOPER MAY FILE. IF HE IS UNABLE TO NAME AT LEAST ONE INDIVIDUAL OR ENTITY IN THE AMENDED COMPLAINT, COOPER MAY INCLUDE THE SUPERINTENDENT OF SCI-PHOENIX AS AN ADDITIONAL DEFENDANT FOR THE PURPOSES OF RECEIVING SERVICE OF PROCESS. IF COOPER OPTS NOT TO ATTEMPT TO AMEND, SERVICE ON DR. JOHN DOE WILL BE MADE ON THE SUPERINTENDENT OF SCI-PHOENIX. THE AMENDED COMPLAINT SHALL BE A COMPLETE DOCUMENT THAT DOES NOT RELY ON THE INITIAL COMPLAINT OR OTHER PAPERS FILED IN THIS CASE TO STATE A CLAIM. WHEN DRAFTING HIS AMENDED COMPLAINT, COOPER SHOULD BE MINDFUL OF MY REASONS FOR DISMISSING THE CLAIMS IN HIS INITIAL COMPLAINT AS EXPLAINED IN MY ORDER. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. IF COOPER DOES NOT FILE AN AMENDED COMPLAINT, THE COURT WILL DIRECT SERVICE OF HIS INITIAL COMPLAINT ON DEFENDANT DR. JOHN DOE ONLY. COOPER MAY ALSO NOTIFY THE COURT THAT HE SEEKS TO PROCEED ON THE CLAIM AGAINST DR. JOHN DOE RATHER THAN FILE AN AMENDED COMPLAINT. IF HE FILES SUCH A NOTICE, COOPER IS REMINDED TO INCLUDE THE CASE NUMBER FOR THIS CASE, 20-4595. THE TIME TO SERVE PROCESS UNDER FEDERAL RULE OF CIVIL PROCEDURE 4(M) IS EXTENDED TO THE DATE 90 DAYS AFTER THE COURT ISSUES SUMMONSES IN THIS CASE, IF SUMMONSES ARE ISSUED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/16/*20. 10/16/20 ENTERED AND COPIES NOT MAILED TO PRO SE.(jpd, )
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Filing 5
ORDER. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/16/20. 10/16/20 ENTERED AND COPIES NOT MAILED TO PRO SE PETITIONER(jpd )
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Filing 4
PRO SE NOTICE RE:GUIDELINES (bw, )
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Filing 3
Prisoner Trust Fund Account Statement by BENJAMIN COOPER. (bw, )
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Filing 2
COMPLAINT against D. BRADLEY, GINA CLARK, MELISSA DELLIPONTE, DR. JOHN DOE, TAMMY FERGUSON, GERALD KELLY, CAPT. MASSELINO, MEDICAL SUPERVISOR JOHN/JANE DOE, KERI MOORE, G. ORLANDO, K. OWENS, PA. DEPT. OF CORRECTIONS, RNS M. SAVAGE, SCI PHOENIX'S MEDICAL DEPARTMENT, K. SORBER, JEANNE WELSH, COUNSELOR WENTZEL, JOHN WETZEL, filed by BENJAMIN COOPER. (Attachments: #1 Case Management Track Form, #2 Designation Form)(bw, )
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Filing 1
APPLICATION to Proceed in forma pauperis filed by BENJAMIN COOPER..(bw, ) Modified on 10/19/2020 (tjd).
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