MCCAFFERY et al v. MONTGOMERY COUNTY BOARD OF HEALTH et al
| MATTHEW PAUL MCCAFFERY, ELONNA MERCER and NICOLE SALLUSTIO |
| MONTGOMERY COUNTY BOARD OF HEALTH, MONTGOMERY COUNTY and MONTGOMERY COUNTY BOARD OF COMMISSIONERS |
| 2:2020cv05739 |
| November 16, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| GERALD A MCHUGH |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
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This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| DOC. 2, 4 AND IFP APPLICATION MAILED TO PRO SE SALLUSTIO. (sg, ) |
Filing 4
ORDERED THAT: IF MR. MCCAFFERY AND MS. SALLUSTIO SEEK TO PROCEED WITH THIS CASE, THEY MUST, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, EITHER (1) PAY $400 TO THE CLERK OF COURT, OR (2) FILE A MOTION TO PROCEED IN FORMA PAUPERIS. THE CLERK OF COURT SHALL PROVIDE MCCAFFERY AND SALLUSTIO WITH TWO APPROPRIATE NON-PRISONER APPLICATIONS TO PROCEED IN FORMA PAUPERIS, BEARING THE CIVIL ACTION NUMBER OF THIS CASE. MR. MCCAFFERY AND MS. SALLUSTIO MAY USE THESE FORMS TO SEEK LEAVE TO PROCEED IN FORMA PAUPERIS IF THEY CANNOT AFFORD TO PAY THE FEES TO COMMENCE THIS CASE. IF MCCAFFREY AND SALLUSTIO SHARE A HOUSEHOLD, AS APPEARS FROM THEIR FILINGS, THEY MAY SUBMIT ONE MOTION SIGNED BY BOTH OF THEM THAT DESCRIBES THEIR HOUSEHOLD INCOME, ASSETS, AND EXPENSES IN A CLEAR MANNER. AS ONLY MR. MCCAFFERY SIGNED THE COMPLAINT, THE CLERK OF COURT SHALL SEND A COPY OF THE AMENDED COMPLAINT (ECF NO. 2) TO NICOLE SALLUSTIO. IF NICOLE SALLUSTIO SEEKS TO PROCEED AS A PLAINTIFF IN THIS CIVIL ACTION, SHE MUST SIGN THE AMENDED COMPLAINT IN ACCORDANCE WITH FEDERAL RULE OF CIVIL PROCEDURE 11 AND RETURN IT TO THE COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. IF NICOLE SALLUSTIO DOES NOT SIGN THE PLEADING, SHE MAY BE DISMISSED WITHOUT PREJUDICE AS A PARTY TO THIS CASE. MR. MCCAFFERY AND MS. SALLUSTIO MAY NOT BRING CLAIMS ON BEHALF OF THEIR CHILD BECAUSE A PRO SE LITIGANT WHO IS NOT AN ATTORNEY MAY NOT PURSUE CLAIMS ON BEHALF OF ANY OTHER PERSON. MCCAFFERY AND SALLUSTIO ARE GIVEN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER TO RETAIN COUNSEL TO REPRESENT THEIR DAUGHTER IN THIS CASE IN THE EVENT THEY SEEK TO PURSUE CLAIMS ON HER BEHALF. IF MR. MCCAFFERY AND MS. SALLUSTIO FAIL TO RETAIN COUNSEL IN THIRTY (30) DAYS FROM THE DATE OF THIS ORDER, THEY WILL ONLY BE ABLE TO PROCEED ON THEIR OWN CLAIMS. THEY WILL NOT BE PERMITTED TO PROCEED ON ANY CLAIMS ON BEHALF OF THEIR CHILD. IF MCCAFFERY AND SALLUSTIO WOULD PREFER TO PROCEED ONLY ON THEIR OWN CLAIMS, THEY MAY NOTIFY THE COURT AT ANY TIME BEFORE THE THIRTY (30) DAY PERIOD EXPIRES. IF MR. MCCAFFERY AND MS. SALLUSTIO FAIL TO COMPLY WITH THIS ORDER, THEIR CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 11/25/2020. 11/25/2020 ENTERED AND COPIES E-MAILED TO PRO SE MCCAFFERY. NOT MAILED TO PRO SE SALLUSTIO AND MERCER.(sg, )
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| DOC. 3 MAILED TO PRO SES. (sg, ) |
| Filing 3 PRO SE NOTICE RE:GUIDELINES (bw, ) |
| Filing 2 AMENDED COMPLAINT against MONTGOMERY COUNTY, MONTGOMERY COUNTY BOARD OF COMMISSIONERS, MONTGOMERY COUNTY BOARD OF HEALTH, filed by MATTHEW PAUL MCCAFFERY, ELONNA MERCER, NICOLE SALLUSTIO. (NO FEE PAID; NO IFP FILED)(bw, ) |
| Filing 1 COMPLAINT against MONTGOMERY COUNTY, MONTGOMERY COUNTY BOARD OF COMMISSIONERS, MONTGOMERY COUNTY BOARD OF HEALTH, filed by MATTHEW PAUL MCCAFFERY, ELONNA MERCER, NICOLE SALLUSTIO. (NO FEE PAID; NO IFP FILED) (Attachments: #1 Designation Form)(bw, ) |
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