Hamiton v. Gugger et al
| Maurice T. Hamiton |
| OFFICER TRACY THOMAS, CHAD GUGGER, Timothy Auty and Det Patrick Valentino |
| 2:2020cv04826 |
| October 2, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
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This docket was last retrieved on October 14, 2020. A more recent docket listing may be available from PACER.
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| COPIES OF MEMORANDUM #13 AND ORDER #14 MAILED TO PRO SE PLAINTIFF. (jpd, ) |
Filing 14
ORDERED PLAINTIFFS MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS ECF DOC. NO. #9 IS GRANTED UNDER 28 U.S.C. 1915. ACCORDINGLY, THIS CASE IS SUBJECT TO SCREENING UNDER 28 U.S.C. 1915(E)(2)(B), AND THE COMPLAINT WILL BE SCREENED IN DUE COURSE; MAURICE T. HAMILTON, #LH-8035, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS UNDER 28 U.S.C. 1915(B), REGARDLESS OF THE OUTCOME OF THIS CASE. WE DIRECT THE SUPERINTENDENT OF SCI PHOENIX OR OTHER APPROPRIATE OFFICIAL TO ASSESS AN INITIAL FILING FEE OF 20% OF THE GREATER OF (A) THE AVERAGE MONTHLY DEPOSITS TO MR. HAMILTONS INMATE ACCOUNT; OR (B) THE AVERAGE MONTHLY BALANCE IN MR. HAMILTONS INMATE ACCOUNT FOR THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE FILING OF THIS CASE. THE SUPERINTENDENT OR OTHER APPROPRIATE OFFICIAL SHALL CALCULATE, COLLECT, AND FORWARD THE INITIAL PAYMENT ASSESSED UNDER THIS ORDER TO THE COURT WITH A REFERENCE TO THE DOCKET NUMBER FOR THIS CASE. IN EACH SUCCEEDING MONTH WHEN THE AMOUNT IN MR. HAMILTONS INMATE TRUST FUND ACCOUNT EXCEEDS $10.00, THE SUPERINTENDENT OR OTHER APPROPRIATE OFFICIAL SHALL FORWARD PAYMENTS TO THE CLERK OF COURT EQUALING 20% OF THE PRECEDING MONTHS INCOME CREDITED TO MR. HAMILTONS INMATE ACCOUNT UNTIL THE FEES ARE PAID. EACH PAYMENT SHALL REFER TO THE DOCKET NUMBER FOR THIS CASE; THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI PHOENIX; THE COMPLAINT ECF DOC. NO. #1 IS DEEMED FILED; MR. HAMILTONS COMPLAINT ECF DOC. NO. #1 IS DISMISSED WITH PREJUDICE AS FRIVOLOUS UNDER 28 U.S.C. 1915(E)(2)(B)(I); AND, THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/13/20. 10/13/20 ENTERED AND COPIES NOT MAILED TO PRO SE PLAINTIFF.(jpd, )
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| Filing 13 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/13/20. 10/13/20 ENTERED AND COPIES NOT MAILED TO PRO SE PETITIONER. (jpd ) |
| Filing 12 Case transferred in from District of Pennsylvania Middle; Case Number 3:20-cv-01289. Original file certified copy of transfer order and docket sheet received. |
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Filing 11
ORDER TRANSFERRING CASE - IT IS HEREBY ORDERED THAT this case be TRANSFERRED to the U.S. District Court for the Eastern District of Pennsylvania for further proceedings, including disposition of the plaintiff's motion for leave to proceed in forma pauperis. Signed by Magistrate Judge Joseph F. Saporito, Jr on 10/2/20. (ms) [Transferred from Pennsylvania Middle on 10/6/2020.]
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| Filing 10 Prisoner Trust Fund Account Statement by Maurice T. Hamiton. (ep) [Transferred from Pennsylvania Middle on 10/6/2020.] |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Maurice T. Hamiton.(ep) [Transferred from Pennsylvania Middle on 10/6/2020.] |
| Filing 8 AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff. (ep) [Transferred from Pennsylvania Middle on 10/6/2020.] |
| Filing 7 STATUS REPORT by Maurice T. Hamiton advising that he filled out the IFP form but is waiting for the account office to respond back. (ep) [Transferred from Pennsylvania Middle on 10/6/2020.] |
| Filing 6 DECLARATION by Maurice T. Hamiton regarding facts of his original charges changing. (ep) [Transferred from Pennsylvania Middle on 10/6/2020.] |
| Filing 5 REQUEST for Judge Peter Welsh to review his discovery; by Maurice T. Hamiton. (ep) [Transferred from Pennsylvania Middle on 10/6/2020.] |
| Filing 4 REQUEST for name, address etc of the attorney he will be assigned by Maurice T. Hamiton. (ep) [Transferred from Pennsylvania Middle on 10/6/2020.] |
| Filing 3 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 07/28/2020. (Attachments: #1 IFP (civil rights))(lp) [Transferred from Pennsylvania Middle on 10/6/2020.] |
| Filing 2 PRO SE LETTER ISSUED. (Attachments: #1 Instruction Sheet, #2 Federal & Local Rules, #3 398 Form, #4 399 Form) (lp) [Transferred from Pennsylvania Middle on 10/6/2020.] |
| Filing 1 COMPLAINT against Timothy Auty, Chad Gugger, Tracy Thomas, Patrick Valentino lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Maurice T. Hamiton.(ep) [Transferred from Pennsylvania Middle on 10/6/2020.] |
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