GREEN v. MERGEN et al
| WILLIAM SHAMAR GREEN |
| LIEUTENANT MERGEN, SERGANT MCLEAN, CORRECTIONAL OFFICER VOGT, J. TERRA, CORRECTIONAL OFFICER NESMITH, CORRECTIONAL OFFICER WOLFMAN, CORRECTIONAL OFFICER SALDANA, NURSE MS SHERRY, C. HARTLESS, K. OWENS and D. VAMER |
| 2:2023cv03037 |
| August 4, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| JUAN R SANCHEZ |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 Letter dated 10/2/23 Re: Status Update (Attachments: #1 Docket Sheet)(sbt) |
| Filing 10 Letter dated 9/24/23 by WILLIAM SHAMAR GREEN (sbt) |
Filing 9
ORDER THAT THE CASE AS TO DEFENDANT NURSE MS. SHERRY SHALL PROCEED AT THIS TIME TO SERVICE BY THE U.S. MARSHAL SERVICE, IN ACCORDANCE WITH 28 U.S.C. & 1915 (d) AND FEDERAL RULES OF CIVIL PROCEDURE 4(c)(3). IN ANTICIPATION OF SERVICE BY THE U.S. MARSHAL SERVICE, THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO PLAINTIFF WILLIAM SHAMAR GREEN TOGETHER WITH ONE COPY OF THE U.S. MARSHAL SERVICE OF PROCESS RECEIPT AND RETURN FORM USM-285 FOR DEFENDANT NURSE MS. SHERRY. GREEN MUST PROVIDE DEFENDANT NURSE MS. SHERRY'S COMPLETE ADDRESS AT A LOCATION WHERE THAT DEFENDANT CAN BE SERVED; ETC.. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 9/27/23. 9/27/23 ENTERED AND MAILED TO PRO SE ALONG WITH USM-285 FORM.(JL)
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| Filing 8 WAIVER OF SERVICE Returned Executed by NESMITH, MCLEAN, WOLFMAN, MERGEN, SALDANA, VOGT. NESMITH waiver sent on 8/14/2023, answer due 10/13/2023; MCLEAN waiver sent on 8/14/2023, answer due 10/13/2023; WOLFMAN waiver sent on 8/14/2023, answer due 10/13/2023; MERGEN waiver sent on 8/14/2023, answer due 10/13/2023; SALDANA waiver sent on 8/14/2023, answer due 10/13/2023; VOGT waiver sent on 8/14/2023, answer due 10/13/2023. (DEFELICE, CHASE) |
| MAILED OUT ORDER ENTRY #5 AND NOTICE ENTRY #7 TO PLAINTIFF ON 8/15/23. (jaa, ) |
| MAILED OUT COMPLAINT ENTRY #2 ; ORDER ENTRY #5 AND WAIVER OF SERVICE #6 TO DEFENDANTS ON 8/15/23. (jaa, ) |
| Filing 7 NOTICE TO PLAINTIFF RE: WAIVER OF SERVICE. (jaa, ) |
| Filing 6 REQUEST FOR WAIVER of Service sent to DEFENDANTS on 8/14/23 by WILLIAM SHAMAR GREEN. Waiver of Service due by 9/13/2023. (Attachments: #1 WAIVER OF SERVICE, #2 WAIVER OF SERVICE, #3 WAIVER OF SERVICE, #4 WAIVER OF SERVICE, #5 WAIVER OF SERVICE, #6 WAIVER OF SERVICE, #7 WAIVER OF SERVICE)(jaa, ) |
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Filing 5
ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. 2. WILLIAM SHAMAR GREEN, #QF-1545, 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 SUPERINTENDENT OF SCI HUNTINGDON OR OTHER APPROPRIATE OFFICIAL TO ASSESS AN INITIAL FILING FEE OF 20% OF THE GREATER OF (A) THE AVERAGE MONTHLY DEPOSITS TO GREENS INMATE ACCOUNT; OR (B) THE AVERAGE MONTHLY BALANCE IN GREENS 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 PURSUANT TO THIS ORDER TO THE COURT WITH A REFERENCE TO THE DOCKET NUMBER FOR THIS CASE. IN EACH SUCCEEDING MONTH WHEN THE AMOUNT IN GREENS 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 GREENS INMATE ACCOUNT UNTIL THE FEES ARE PAID. EACH PAYMENT SHALL REFER TO THE DOCKET NUMBER FOR THIS CASE. 2 3. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI HUNTINGDON. 4. THE COMPLAINT IS DEEMED FILED. 5. ALL CLAIMS AGAINST J. TERRA (FACILITY MANAGER), C. HARTLESS (GRIEVANCE COORDINATOR), K. OWENS, (GRIEVANCE COORDINATOR), AND D. VAMER (CHIEF GRIEVANCE OFFICER) ARE DISMISSED WITH PREJUDICE PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II) FOR FAILURE TO STATE A CLAIM. 1 6. THE CLERK OF COURT IS DIRECTED TO TERMINATE THE FOLLOWING PARTIES AS DEFENDANTS IN THIS CASE: J. TERRA, C. HARTLESS, K. OWENS, AND D. VAMER; THE CLERK OF COURT IS SPECIALLY APPOINTED TO SERVE WRITTEN WAIVER REQUESTS ON THE FOLLOWING DEFENDANT(S), ALL OF WHOM APPEAR TO BE EMPLOYED AT SCI PHOENIX, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(D), TO EFFECT WAIVER OF SERVICE: A. LIEUTENANT MERGEN B. SERGEANT MCLEAN C. CORRECTIONAL OFFICER VOGT D. CORRECTIONAL OFFICER NESMITH E. CORRECTIONAL OFFICER WOLFMAN F. CORRECTIONAL OFFICER SALDANA G. NURSE MS. SHERRY 8. THE WAIVER OF SERVICE REQUESTS SHALL BE ACCOMPANIED BY A COPY OF THE COMPLAINT AND SHALL INFORM THE DEFENDANT(S) OF THE CONSEQUENCES OF COMPLIANCE AND FAILURE TO COMPLY WITH THE REQUESTS. THE REQUESTS SHALL ALLOW THE DEFENDANTS AT LEAST 30 DAYS FROM THE DATE THEY ARE SENT (60 DAYS IF ADDRESSED OUTSIDE ANY JUDICIAL DISTRICT OF THE UNITED STATES) TO RETURN THE SIGNED WAIVERS THE CLERK OF COURT IS SPECIALLY APPOINTED TO SERVE WRITTEN WAIVER REQUESTS ON THE FOLLOWING DEFENDANT(S), ALL OF WHOM APPEAR TO BE EMPLOYED AT SCI PHOENIX, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(D), TO EFFECT WAIVER OF SERVICE: A. LIEUTENANT MERGEN B. SERGEANT MCLEAN C. CORRECTIONAL OFFICER VOGT D. CORRECTIONAL OFFICER NESMITH E. CORRECTIONAL OFFICER WOLFMAN F. CORRECTIONAL OFFICER SALDANA G. NURSE MS. SHERRY 8. THE WAIVER OF SERVICE REQUESTS SHALL BE ACCOMPANIED BY A COPY OF THE COMPLAINT AND SHALL INFORM THE DEFENDANT(S) OF THE CONSEQUENCES OF COMPLIANCE AND FAILURE TO COMPLY WITH THE REQUESTS. THE REQUESTS SHALL ALLOW THE DEFENDANTS AT LEAST 30 DAYS FROM THE DATE THEY ARE SENT (60 DAYS IF ADDRESSED OUTSIDE ANY JUDICIAL DISTRICT OF THE UNITED STATES) TO RETURN THE SIGNED WAIVERS. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 8/14/23.8/14/23 ENTERED AND COPIES E-MAILED TO SUPERINTENDENT OF SCI HUNTINGDON. *NOT MAILED TO PETITIONER. (jaa, )
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| PAPER #4 MAILED TO PRO SE (JL) |
| Filing 4 PRO SE NOTICE RE:GUIDELINES (JL) |
| Filing 3 Prisoner Trust Fund Account Statement by WILLIAM SHAMAR GREEN. (JL) (Main Document 3 replaced on 8/9/2023) (tjd). (Main Document 3 replaced on 8/9/2023) (tjd). |
| Filing 2 COMPLAINT against C. HARTLESS, D. VAMER, J. TERRA, K. OWENS, MCLEAN, MERGEN, MS SHERRY, NESMITH, SALDANA, VOGT, WOLFMAN, filed by WILLIAM SHAMAR GREEN. (NO FEE PAID, IFP PENDING) (Attachments: #1 EXHIBITS)(JL) (Main Document 2 replaced on 8/9/2023) (tjd). (Attachment 1 replaced on 8/9/2023) (tjd). |
| Filing 1 WILLIAM SHAMAR GREEN APPLICATION TO PROCEED IN FORMA PAUPERIS..(JL) (Main Document 1 replaced on 8/9/2023) (tjd). |
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