STOLLAR v. WETZEL et al
PATRICK STOLLAR |
JOHN E WETZEL and PA DEPARTMENT OF CORRECTIONS |
2:2023cv02780 |
July 20, 2023 |
US District Court for the Eastern District of Pennsylvania |
KAREN S MARSTON |
Prisoner Petitions: Prison Condition |
42 U.S.C. § 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.
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Filing 71 ORDER THAT PLAINTIFF PATRICK STOLLARS MOTION TO MARK AS RELATED AND CONSOLIDATE (DOC. NO. #70 ) IS DENIED AS MOOT. SIGNED BY HONORABLE KAREN S. MARSTON ON 8/22/23.8/22/23 ENTERED AND COPIES MAILED TO PRO SE AND COUNSEL; E-MAILED.(amas) |
Filing 70 MOTION TO MARK AS RELATED AND CONSOLIDATE, WITH CERTIFICATE OF SERVICE, FILED BY PATRICK STOLLAR.(amas) |
Filing 69 ORDER THAT, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 42(A), THE ABOVE-CAPTIONED CIVIL ACTION IS CONSOLIDATED WITH THE ACTIONS PREVIOUSLY CONSOLIDATED BEFORE THE HONORABLE GERALD A. MCHUGH UNDER PEREZ V. WETZEL, ET AL., CIVIL NO. 21-4796, FOR PURPOSES OF ADDRESSING COMMON ISSUES OF LAW AND FACT PRIOR TO TRIAL ONLY. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 8/2/23. 8/3/23 ENTERED AND COPIES MAILED TO PRO SE AND COUNSEL; E-MAILED.(amas) |
Filing 68 PRO SE NOTICE RE:GUIDELINES (lvj) |
Filing 67 Case transferred in from District of Pennsylvania Western; Case Number 2:21-cv-01515. Original file certified copy of transfer order and docket sheet received. |
Paper #68 mailed to Pro Se (lvj) |
Case electronically transferred to District of Pennsylvania Eastern. (cel) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 66 ORDER granting Plaintiff's #62 Motion to Transfer Case. The Clerk of Court shall transfer this case to the United States District Court for the Eastern District of Pennsylvania. Signed by Magistrate Judge Patricia L. Dodge on 7/5/23. (jpe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 65 RESPONSE to Motion re #62 MOTION to Transfer Case filed by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Warshafsky, Yana) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 64 Partial Payment of Filing Fee by PATRICK STOLLAR. Fee $44.22, receipt number 200004425. (gmw) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 63 ORDER Response Schedule re #62 MOTION to Transfer Case by PATRICK STOLLAR. Defendants' Response to Motion due by 6/26/2023. Signed by Magistrate Judge Patricia L. Dodge on 6/12/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 62 MOTION to Transfer Case by PATRICK STOLLAR. Motion(s) referred to Patricia L. Dodge. (Attachments: #1 Envelope) (bjw) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 61 RESPONSE IN OPPOSITION to #52 Motion to Dismiss for Failure to State a Claim, filed by PATRICK STOLLAR. (Attachments: #1 Envelope) (keh) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 60 Partial Payment of Filing Fee by PATRICK STOLLAR. Fee $24.50, receipt number 200003661. (gmw) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 59 Partial Payment of Filing Fee by PATRICK STOLLAR. Fee $32.30, receipt number 200003169. (gmw) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 58 ORDER granting Plaintiff's #57 Motion to Extend Time. Plaintiff shall file a response to Defendants' #52 Motion to Dismiss for Failure to State a Claim by 6/12/2023. No further extensions will be granted. Plaintiff indicates that he has not yet received Defendants' #52 Motion to Dismiss. Plaintiff is advised that when Defendants mail documents to him they must utilize the DOC's third party mail vendor procedures, which causes a short delay in inmates receiving their mail. Plaintiff shall notify the Court no later than 3/17/23 if he has still not received Defendants' #52 Motion. Signed by Magistrate Judge Patricia L. Dodge on 3/3/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jpe) Modified text on 3/6/2023. (jpe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 57 MOTION to Extend Time to Respond to #52 Defendant's Motion to Dismiss by PATRICK STOLLAR. Motion(s) referred to Patricia L. Dodge. (Attachments: #1 Proposed Order, #2 Envelope) (elt) Modified text on 2/28/2023. (elt) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 56 Partial Payment of Filing Fee by PATRICK STOLLAR. Fee $57.09, receipt number 200002744. (gmw) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 55 ORDER. Plaintiff shall file a response to Defendants' #52 Motion to Dismiss for Failure to State a Claim by 3/8/2023. Signed by Magistrate Judge Patricia L. Dodge on 2/6/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jpe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 54 ORDER denying Plaintiff's #45 "Joint Motion for Transfer." Contrary to Plaintiff's assertion, Defendants do not join him in his request to transfer this action. See #47 . Additionally, Plaintiff has not shown why this action should be transferred to the U.S. District Court for the Middle District at this time. Signed by Magistrate Judge Patricia L. Dodge on 2/6/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jpe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 53 BRIEF in Support re #52 Motion to Dismiss for Failure to State a Claim filed by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Warshafsky, Yana) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #49 Amended Complaint by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. Motion(s) referred to Patricia L. Dodge. (Attachments: #1 Proposed Order) (Warshafsky, Yana) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 51 ORDER dismissing as moot Defendants' #39 Motion to Dismiss the #13 Complaint for Failure to State a Claim because Plaintiff has filed an #49 Amended Complaint. Signed by Magistrate Judge Patricia L. Dodge on 1/26/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jpe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 49 AMENDED COMPLAINT against PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL PA DEPARTMENT OF CORRECTIONS answer due 2/7/2023; JOHN E. WETZEL answer due 2/7/2023, filed by PATRICK STOLLAR. (Attachments: #1 Envelope) (elt) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 50 Partial Payment of Filing Fee by PATRICK STOLLAR. Fee $45.29, receipt number 200002246. (gmw) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 47 RESPONSE to Motion re #45 MOTION to Transfer Case filed by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Warshafsky, Yana) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 48 Partial Payment of Filing Fee by PATRICK STOLLAR. Fee $10.54, receipt number 200002127. (gmw) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 46 ORDER. Defendants shall file a response to Plaintiff's #45 Motion to Transfer Case on or before 1/18/2023. Signed by Magistrate Judge Patricia L. Dodge on 1/11/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jpe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 45 Joint MOTION to Transfer Case re #16 by PATRICK STOLLAR. Motion(s) referred to Patricia L. Dodge. (Attachments: #1 Envelope) (elt) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 44 Partial Payment of Filing Fee by PATRICK STOLLAR. Fee $118.16, receipt number 200001964. (gmw) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 43 ORDER granting in part Plaintiff's #42 Motion for Extension of Time to File Amended Complaint. Plaintiff is granted an extension of time until January 23, 2023 to file an amended complaint once as a matter of course under Rule 15(a)(1)(B). Alternatively, if Plaintiff decides not to file an amended complaint, then he must file his response to Defendants' #39 Motion to Dismiss by January 23, 2023. Signed by Magistrate Judge Patricia L. Dodge on 12/7/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 42 MOTION to Extend Time to File Amended Complaint by PATRICK STOLLAR. Motion(s) referred to Patricia L. Dodge. (Attachments: #1 Proposed Order, #2 Envelope) (elt) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 41 ORDER Response Schedule re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re 13 Complaint by PA DEPARTMENT OF CORRECTIONS, and JOHN E. WETZEL. Response to Motion due by 12/14/2022. Signed by Magistrate Judge Patricia L. Dodge on 11/9/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 40 BRIEF in Support re #39 Motion to Dismiss for Failure to State a Claim filed by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Warshafsky, Yana) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #13 Complaint by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. Motion(s) referred to Patricia L. Dodge. (Attachments: #1 Proposed Order) (Warshafsky, Yana) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 38 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PATRICK STOLLAR. (Attachments: #1 Envelope) (elt) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 37 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Warshafsky, Yana) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 36 ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 11/2/2022, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Signed by Magistrate Judge Patricia L. Dodge on 10/19/2022. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 35 ORDER that Defendants shall file a responsive pleading to #13 COMPLAINT against PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL filed by PATRICK STOLLAR on or before 11/8/2022. Signed by Magistrate Judge Patricia L. Dodge on 10/19/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 34 ORDER granting #33 MOTION to Withdraw as Attorney by PA DEPARTMENT OF CORRECTIONS, and JOHN E. WETZEL. Attorney Joseph G. Fulginiti terminated. Signed by Magistrate Judge Patricia L. Dodge on 10/4/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 33 MOTION to Withdraw as Attorney by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. Motion(s) referred to Patricia L. Dodge. (Attachments: #1 Proposed Order) (Fulginiti, Joseph) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 32 NOTICE of Appearance by Yana L. Warshafsky on behalf of PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Warshafsky, Yana) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 31 ORDER directing the Plaintiff to submit an initial partial filing fee as more fully stated in said Order. Signed by Magistrate Judge Patricia L. Dodge on 9/27/2022. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 30 MEMORANDUM ORDER adopting #29 Report and Recommendations as Opinion of Court and granting #21 Plaintiff's pro se Motion to Reopen Case. Further, if Defendants still seek an order from this Court that transfers this case to another district court, they should file a motion to transfer by October 13, 2022. Signed by Judge Arthur J. Schwab on 9/26/22. (bfm) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 29 REPORT AND RECOMMENDATION that #21 MOTION to Reopen Case by PATRICK STOLLAR be granted. Objections to R&R due by 9/20/2022. Signed by Magistrate Judge Patricia L. Dodge on 9/6/2022. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Magistrate Judge Patricia L. Dodge no longer assigned to case. (av) [Transferred from Pennsylvania Western on 7/28/2023.] |
Judge Arthur J. Schwab and Magistrate Judge Patricia L. Dodge added. (av) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 28 ORDER granting #27 MOTION for Leave to File Sur-Reply to Defendant's Show-Cause Reply re #26 RESPONSE TO ORDER TO SHOW CAUSE by PATRICK STOLLAR. The Clerk of Court is directed to file the Plaintiff's Sur-Reply [27-1]. Signed by Magistrate Judge Patricia L. Dodge on 7/6/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 27 MOTION for Leave to File Sur-Reply to Defendant's Show-Cause Reply re #26 RESPONSE TO ORDER TO SHOW CAUSE by PATRICK STOLLAR. (Attachments: #1 Plaintiff's Sur-Reply, #2 Envelope) (kss) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 26 RESPONSE TO ORDER TO SHOW CAUSE re #24 Order to Show Cause, #25 Response to Order to Show Cause filed by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Fulginiti, Joseph) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 25 RESPONSE TO ORDER TO SHOW CAUSE re #24 Order to Show Cause filed by PATRICK STOLLAR. (Attachments: #1 Envelope) (elt) Modified on 6/7/2022 (gmw). [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 24 ORDER TO SHOW CAUSE. Plaintiff's Show Cause Response due by 6/7/2022. Defendants' Show Cause Reply due by 6/17/2022. Signed by Magistrate Judge Patricia L. Dodge on 5/17/2022. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 23 EXHIBITS Exhibit A, Moves Report in Support of #22 Brief in Opposition to Motion by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Fulginiti, Joseph) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 22 BRIEF in Opposition re #21 Motion to Reopen Case filed by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Attachments: #1 Proposed Order) (Fulginiti, Joseph) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 21 MOTION to Reopen Case by PATRICK STOLLAR. (Attachments: #1 Envelope) (keh) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 20 NOTICE that the Court has received Plaintiff's Authorization to withdraw this civil action which is dated December 14, 2021 ECF No #18 . Based upon the Plaintiff's voluntary dismissal of this civil action, the Clerk of Court shall mark this CLOSED. Signed by Magistrate Judge Patricia L. Dodge on 12/28/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 19 ORDER denying as moot #16 MOTION to Transfer Case by PA DEPARTMENT OF CORRECTIONS, and JOHN E. WETZEL in light of the Authorization to withdraw filed by Plaintiff ECF No #18 . Signed by Magistrate Judge Patricia L. Dodge on 12/28/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 18 Authorization to withdraw action filed by PATRICK STOLLAR. (Attachments: #1 Envelope) (elt) Modified text on 12/28/2021. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 17 BRIEF in Support re #16 Motion to Transfer Case filed by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Fulginiti, Joseph) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 16 MOTION to Transfer Case by PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Attachments: #1 Proposed Order) (Fulginiti, Joseph) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 15 NOTICE of Appearance by Joseph G. Fulginiti on behalf of PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Fulginiti, Joseph) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 14 ORDER that the Marshal is directed to mail a copy of the complaint, notice of lawsuit, request for waiver of service of summons, waiver, and this order to defendant as directed by plaintiff. Costs shall be advanced by the government. Signed by Magistrate Judge Patricia L. Dodge on 12/9/2021. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 13 COMPLAINT against PA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL filed by PATRICK STOLLAR. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Envelope) (elt) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 12 ORDER granting #5 Motion for Leave to Proceed in forma pauperis. Initial partial filing fee of $79.68 is due within thirty (30) days from the date of this Order. Signed by Magistrate Judge Patricia L. Dodge on 12/6/2021. (Attachments: #1 Authorization Form) (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 11 ORDER denying as moot 7 Motion for Leave to Proceed in forma pauperis. This motion is a duplicate of the motion filed at ECF No 5. Signed by Magistrate Judge Patricia L. Dodge on 11/29/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 10 ORDER denying as moot 6 Motion for Leave to Proceed in forma pauperis. This motion is a duplicate of the motion filed at ECF No 5. Signed by Magistrate Judge Patricia L. Dodge on 11/29/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 9 Prisoner Trust Fund Account Statement by PATRICK STOLLAR. (Attachments: #1 Envelope) (elt) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 8 Authorization permitting withdrawal of prison account funds to pay filing fee by PATRICK STOLLAR. (elt) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 5 MOTION for Leave to Proceed in forma pauperis by PATRICK STOLLAR. (Attachments: #1 Envelope) (elt) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 4 DEFICIENCY ORDER. This case is dismissed as a result of the filing deficiencies by Plaintiff. The Clerk of Court shall mark this case CLOSED. The Plaintiff may reopen this case by satisfying the filing deficiencies as more fully stated in said order on or before 11/26/2021. Signed by Magistrate Judge Patricia L. Dodge on 10/25/2021. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 3 STANDING PRACTICE ORDER FOR PRO SE CIVIL RIGHTS CASES. Signed by Magistrate Judge Patricia L. Dodge on 10/25/2021. (mqe) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 2 Prisoner Trust Fund Account Statement by PATRICK STOLLAR. (Attachments: #1 Envelope) (elt) [Transferred from Pennsylvania Western on 7/28/2023.] |
Filing 1 Remark: Complaint lodged without Motion for In Forma Pauperis or payment of filing fee (Attachments: #1 Complaint lodged pending disposition of IFP Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Envelope) (elt) [Transferred from Pennsylvania Western on 7/28/2023.] |
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