Burton v. Craig et al
| DERRICK BURTON |
| Detective Daniel Craig, SPRINGFIELD TOWNSHIP POLICE DEPARTMENT and SPRINGFIELD TOWNSHIP POLICE DISTRICT |
| 2:2023cv05020 |
| December 19, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| HARVEY BARTLE |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| MAILED OUT ORDER ENTRIES #15 #16 #18 TO PLAINTIFF ON 2/13/24. (jaa, ) |
| MAILED OUT ONE COPY OF THE 398 REQUEST FOR WAIVER, TWO COPIES OF WAIVER OF SERVICE 399 FORMS, COPY OF THE COMPLAINT AND ORDER ENTRY #16 TO DEFENDANT DANIEL CRAIG ON 2/13/24. (jaa, ) |
| Filing 18 NOTICE to Plaintiff re: Waivers. PRO SE PLAINTIFF NOT MAILED. (va) |
| Filing 17 REQUEST FOR WAIVER of Service sent to DANIEL CRAIG on 2/12/24. Waiver of Service due by 3/13/2024. (Attachments: #1 Waiver)(va) |
Filing 16
ORDER THAT THE CLERK OF COURT IS SPECIALLY APPOINTED TO SERVE WRITTEN WAIVER REQUESTS ON THE FOLLOWING DEFENDANT, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(D), TO EFFECT WAIVER OF SERVICE: DANIEL CRAIG, 50 POWELL ROAD, SPRINGFIELD, PENNSYLVANIA 19064. THE WAIVER OF SERVICE REQUESTS SHALL BE ACCOMPANIED BY A COPY OF THE COMPLAINT AND SHALL INFORM THE DEFENDANT OF THE CONSEQUENCES OF COMPLIANCE AND FAILURE TO COMPLY WITH THE REQUESTS. THE REQUESTS SHALL ALLOW THE DEFENDANT 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. IF A SIGNED WAIVER IS NOT RETURNED WITHIN THE TIME LIMIT GIVEN, THE COURT WILL ISSUE SUBSEQUENT ORDERS TO ATTEMPT TO EFFECT SERVICE BY THE U.S. MARSHAL IN ACCORDANCE WITH 28 U.S.C. 1915(D) AND FEDERAL RULE OF CIVIL PROCEDURE 4(C)(3). THE CLERK OF COURT IS DIRECTED NOT TO ISSUE SUMMONSES UNTIL FURTHER ORDER OF THIS COURT. ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/12/24. 2/12/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. UNREP NOT MAILED. (va) Modified on 2/12/2024 (va).
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Filing 15
ORDER THAT THE MOTION OF PLAINTIFF DERRICK BURTON TO APPOINT COUNSEL IS GRANTED. THE CLERK OF THE COURT SHALL MAKE THIS CASE AVAILABLE FOR REVIEW AND SELECTION BY VOLUNTEER ATTORNEYS ON THE PRISONER CIVIL RIGHTS PANEL.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/12/24. 2/12/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va)
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| Filing 14 MOTION to Appoint Counsel filed by DERRICK BURTON.Envelope.(va) |
| Filing 13 Prisoner Trust Fund Account Statement by DERRICK BURTON. (JL) |
| MAILED OUT ORDER ENTRIES #11 #12 WITH COMPLAINT FORMS TO PLAINTIFF ON 1/3/24. (jaa, ) |
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Filing 12
ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. 1915. DERRICK BURTON, #QP-2650, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS, ETC. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI BENNER. THE COMPLAINT IS DEEMED FILED. FOR THE REASONS STATED IN THE COURTS MEMORANDUM ACCOMPANYING THIS ORDER, MR. BURTONS CLAIMS AGAINST SPRINGFIELD TOWNSHIP POLICE DISTRICT ARE DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II). MR. BURTONS CLAIMS AGAINST DETECTIVE DANIEL CRAIG ALLEGING RACIAL PROFILING AND HARASSMENT AND AN FCC VIOLATION ARE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II). THE CLERK OF COURT IS DIRECTED TO TERMINATE SPRINGFIELD TOWNSHIP POLICE DISTRICT AS A DEFENDANT. THE CLERK OF COURT IS DIRECTED TO SEND MR. BURTON A BLANK COPY OF THE COURTS STANDARD FORM COMPLAINT FOR PRISONERS TO USE TO FILE A COMPLAINT BEARING THE ABOVE CIVIL ACTION NUMBER. MR. BURTON IS GIVEN THIRTY (30) DAYS TO FILE AN AMENDED COMPLAINT IN THE EVENT HE CAN ALLEGE ADDITIONAL FACTS TO STATE PLAUSIBLE CLAIMS AGAINST DETECTIVE CRAIG BASED ON RACIAL PROFILING AND HARASSMENT AND AN FCC VIOLATION. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. ETC. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/2/24. 1/2/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va)
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| Filing 11 MEMORANDUM SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/2/24. 1/2/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va) |
| Copy of #12 Order Faxed to Superintendent of SCI Benner. (va) |
| DOC. NO. #10 MAILED TO PRO SE ON 12/20/23. (amas) |
| Filing 10 PRO SE NOTICE RE: GUIDELINES. PRO SE PLAINTIFF NOT MAILED. (va) |
| Filing 9 Case transferred in from District of Pennsylvania Middle; Case Number 1:23-cv-00539. Original file certified copy of transfer order and docket sheet received. |
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Filing 8
ORDER - it is hereby ORDERED that Magistrate Judge Blooms report (Doc. 7) is ADOPTED. The Clerk of Court is directed to TRANSFER this matter to the United States District Court for the Eastern District of Pennsylvania. Any appeal from this order is deemed to be frivolous and not taken in good faith. The Clerk of Court is directed to CLOSE this case. Signed by Honorable Christopher C. Conner on 12/18/2023 (mw) [Transferred from Pennsylvania Middle on 12/19/2023.]
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| Filing 7 REPORT AND RECOMMENDATION re #1 Complaint filed by Derrick Burton - IT IS RECOMMENDED that the plaintiffs complaint be transferred to the Eastern District of Pennsylvania. Objections to R&R due by 10/21/2023. Signed by Magistrate Judge Daryl F. Bloom on October 4, 2023. (kjn) [Transferred from Pennsylvania Middle on 12/19/2023.] |
| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Christopher C. Conner and Magistrate Judge Daryl F. Bloom for the issuance of a Report and Recommendation. (jw) [Transferred from Pennsylvania Middle on 12/19/2023.] |
| VERBAL ORDER REASSIGNING CASE - Case reassigned to Magistrate Judge Daryl F. Bloom for all further proceedings. Chief MJ Karoline Mehalchick no longer assigned to case. (jw) [Transferred from Pennsylvania Middle on 12/19/2023.] |
| Filing 6 Mail Returned as Undeliverable. Mail #5 Pro Se Letter sent to Derrick Burton ; per PADOC online Inmate Locator, Burton is currently housed at SCI - PHOENIX; Address on Docket corrected, Pro Se Letter re-mailed; (ep) [Transferred from Pennsylvania Middle on 12/19/2023.] |
| Filing 5 PRO SE LETTER ISSUED providing the case number. (ep) [Transferred from Pennsylvania Middle on 12/19/2023.] |
| Filing 4 AO 399 Waiver of Service Form Completed by Plaintiff. (ep) [Transferred from Pennsylvania Middle on 12/19/2023.] |
| Filing 3 (CERTIFIED) Prisoner Trust Fund Account Statement by Derrick Burton. (ep) [Transferred from Pennsylvania Middle on 12/19/2023.] |
| Filing 2 (CERTIFIED) MOTION for Leave to Proceed in forma pauperis by Derrick Burton.(ep) [Transferred from Pennsylvania Middle on 12/19/2023.] |
| Filing 1 COMPLAINT against Daniel Craig, Springfield Township Police Department lodged pending the disposition of the Motion for In Forma Pauperis, filed by Derrick Burton. (Attachments: #1 Exhibit Letter)(ep) [Transferred from Pennsylvania Middle on 12/19/2023.] |
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