PURDIE v. BARMORE et al
| SHAWN PURDIE |
| SERGEANT BARMORE and D. STOKES |
| 2:2023cv01062 |
| March 16, 2023 |
| 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
RSS Track this Docket
This docket was last retrieved on April 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| PAPER #2, #6, #7 AND COMPLAINT MAILED TO PRO SE (JL) |
Filing 7
ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. 1915. SHAWN PURDIE, #1047805, 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 COURT DIRECTS THE WARDEN OF RIVERSIDE CORRECTIONAL FACILITY OR OTHER APPROPRIATE OFFICIAL TO ASSESS AN INITIAL FILING FEE OF 20% OF THE GREATER OF (A) THE AVERAGE MONTHLY DEPOSITS TO PURDIES INMATE ACCOUNT; OR (B) THE AVERAGE MONTHLY BALANCE IN PURDIES INMATE ACCOUNT FOR THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE FILING OF THIS CASE. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF THE RIVERSIDE CORRECTIONAL FACILITY. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED IN PART WITHOUT PREJUDICE FOR THE REASONS STATED IN THE COURTS MEMORANDUM, AS FOLLOWS: ALL CLAIMS AGAINST DEFENDANT D. STOKES AND THE OFFICIAL CAPACITY CLAIMS AGAINST DEFENDANT SERGEANT BARMORE ARE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II). STOKESS REQUESTS FOR A DECLARATION AND FOR INJUNCTIVE RELIEF ARE DISMISSED WITHOUT PREJUDICE. PURDIE MAY FILE AN AMENDED COMPLAINT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. 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 PURDIE A BLANK COPY OF THE COURTS FORM COMPLAINT FOR A PRISONER FILING A CIVIL RIGHTS ACTION BEARING THE ABOVE CIVIL ACTION NUMBER. PURDIE MAY USE THIS FORM TO FILE HIS AMENDED COMPLAINT IF HE CHOOSES TO DO SO. IF PURDIE DOES NOT FILE AN AMENDED COMPLAINT, THE COURT WILL DIRECT SERVICE OF HIS COMPLAINT ON ONLY DEFENDANT SERGEANT BARMORE AS TO THE 1983 CLAIM FOR THE DENIAL OF MEDICAL CARE, AS DESCRIBED IN THE COURTS MEMORANDUM. PURDIE MAY ALSO NOTIFY THE COURT THAT HE SEEKS TO PROCEED ON THIS CLAIMS RATHER THAN FILE AN AMENDED COMPLAINT. IF HE FILES SUCH A NOTICE, PURDIE IS REMINDED TO INCLUDE THE CASE NUMBER FOR THIS CASE, 23-1062. THE CLERK OF THE COURT IS DIRECTED TO SEND PURDIE (1) A COPY OF THIS MEMORANDUM AND ORDER, AND (2) A COPY OF COMPLAINT IN THIS CASE (ECF NO. 2). 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 CHIEF JUDGE JUAN R. SANCHEZ ON 4/18/23. 4/18/23 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va)
|
| Filing 6 MEMORANDUM SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 4/18/23. 4/18/23 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va) |
| Copy of #7 Order faxed to Warden of the Riverside Correctional Facility. (va) |
| Filing 5 Prisoner Trust Fund Account Statement by SHAWN PURDIE. Envelope. (va) |
| COPY OF DOC. NO. 4 HAS BEEN MAILED TO PRO SE. (bw) |
|
Filing 4
ORDER THAT PLAINTIFF HAVING FAILED TO FILE A CERTIFIED COPY OF THE PRISONER ACCOUNT STATEMENT, AS REQUIRED, PLAINTIFFS MOTION TO PROCEED IN FORMA PAUPERIS CANNOT BE ADJUDICATED AT THIS TIME. PLAINTIFF SHALL, WITHIN 30 DAYS OF THE DATE OF THIS ORDER, FILE A CERTIFIED COPY OF THE PRISONER TRUST FUND ACCOUNT STATEMENT. ALTERNATIVELY PLAINTIFF CAN PROCEED BY SUBMITTING $402 TO THE CLERK OF COURT WITHIN 30 DAYS OF THE DATE OF THIS ORDER. IF PLAINTIFF FAILS TO COMPLY WITH THIS ORDER, THE CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE.. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 3/22/23. 3/22/23 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va)
|
| DOC. NO. #3 MAILED TO PRO SE ON 3/21/23. (amas) |
| Filing 3 PRO SE NOTICE RE:GUIDELINES (fdc) |
| Filing 2 COMPLAINT against BARMORE, D. STOKES, filed by SHAWN PURDIE. (IFP PENDING)(fdc) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis filed by SHAWN PURDIE..(fdc) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
