VARGAS-MARRERO v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al
| JOSE RAUL VARGAS-MARRERO |
| PENNSYLVANIA DEPARTMENT OF CORRECTIONS, A. JORDAN, M. FEDDER, KIRIN and HALE |
| 2:2022cv02342 |
| June 13, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| JUAN R SANCHEZ |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Letter dated 8/11/22 Re: Status Update (Attachments: #1 Docket Sheet)(sbt) |
| Filing 8 Letter dated 8/5/22 by JOSE RAUL VARGAS-MARRERO (sbt) |
| COPY OF DOC. NOS. 6 AND 7 AND COMPLAINT FORM HAVE BEEN MAILED TO PRO SE. (bw) |
Filing 7
ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. 1915. JOSE RAUL VARGAS-MARRERO, #NF-7058, 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. FOR THE REASONS DISCUSSED IN THE COURTS MEMORANDUM, VARGAS-MARREROS COMPLAINT IS DISMISSED IN ITS ENTIRETY FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II) AS FOLLOWS: ALL CLAIMS AGAINST THE PENNSYLVANIA DEPARTMENT OF CORRECTIONS (DOC) AND THE OFFICIAL CAPACITY CLAIMS AGAINST THE INDIVIDUAL DEFENDANTS ARE DISMISSED WITH PREJUDICE. ALL REMAINING CLAIMS ARE DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO FILE AN AMENDED COMPLAINT. THE CLERK OF COURT SHALL TERMINATE THE PENNSYLVANIA DEPARTMENT OF CORRECTIONS AS A DEFENDANT IN THIS CASE. VARGAS-MARRERO MAY FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. THE CLERK OF COURT IS DIRECTED TO SEND VARGAS-MARRERO A BLANK COPY OF THE COURTS FORM COMPLAINT FOR A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE ABOVE CIVIL ACTION NUMBER. ETC. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 8/8/22. 8/8/2 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va)
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| Filing 6 MEMORANDUM SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 8/8/22. 8/8/22 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va) |
| Copy of #7 Order Faxed to Superintendent of SCI Phoenix on 8/8/22. (va) |
| Filing 5 Prisoner Trust Fund Account Statement by JOSE RAUL VARGAS-MARRERO. Envelope. (va) |
| DOC. 4 MAILED TO PRO SE. (sg) |
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Filing 4
ORDER DENYING WITHOUT PREJUDICE #2 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. IF VARGAS-MARRERO SEEKS TO PROCEED IN FORMA PAUPERIS, HE SHALL, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, FILE A CERTIFIED COPY OF HIS PRISONER ACCOUNT STATEMENT SHOWING ALL DEPOSITS, WITHDRAWALS, AND A CURRENT BALANCE, FROM ANY CORRECTIONAL FACILITY IN WHICH HE WAS CONFINED DURING THE TIME PERIOD FROM DECEMBER 13, 2021 THROUGH JUNE 13, 2022. ALTERNATIVELY, HE CAN PROCEED BY SUBMITTING $402 (COMPRISING THE $350 FILING FEE AND $52 ADMINISTRATIVE FEE) TO THE CLERK OF COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. IF VARGAS-MARRERO IS ULTIMATELY GRANTED LEAVE TO PROCEED IN FORMA PAUPERIS, HE WILL BE OBLIGATED TO PAY THE $350 FILING FEE IN INSTALLMENTS PURSUANT TO 28 U.S.C. 1915(B), EVEN IF THIS CASE IS DISMISSED. ETC. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 6/16/22. 6/16/22 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va)
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| Notice of Pro Se Guidelines (#3) mailed to Vargas-Marrero. (fdc) |
| Filing 3 PRO SE NOTICE RE: GUIDELINES. PRO SE PLAINTIFF NOT MAILED. (va) |
| Filing 2 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, filed by JOSE RAUL VARGAS-MARRERO.Envelope..(va) |
| Filing 1 COMPLAINT against M. FEDDER, HALE, A. JORDAN, KIRIN, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, filed by JOSE RAUL VARGAS-MARRERO. Envelope. (va) |
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