PEROZA-BENITEZ v. SMITH et al
Plaintiff: JOSE ANTONIO BENITEZ-PEROZA and JOSE ANTONIO PEROZA-BENITEZ
Defendant: C.I. MICHAEL PERKINS, C.I. NICHOLAS EPOLITO, C.I. DANIEL WHITE, C.I. DAVID LEHMAN, C.I. KEVIN HAZER, C.I. DARREN C. SMITH, C.I. GRESH, C.I. JAMES T. KENNEDY, C.I. BRIAN ERRINGTON, C.I. ERIC HONICK, C.I. ROBERT W. GILBERT, C.I. HOPE, C.I. LEAZIER, OFFICER NICHOLAS EPOLITO, OFFICER DANIEL WHITE and C.I. KEVIN HASER
Case Number: 5:2017cv03980
Filed: September 8, 2017
Court: US District Court for the Eastern District of Pennsylvania
Office: Allentown Office
County: Huntingdon
Presiding Judge: NITZA I QUINONES ALEJANDRO
Referring Judge: LEGROME D DAVIS
Nature of Suit: Prisoner Petitions: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 15, 2020 Filing fee: $ 10.58, receipt number PPE222056 (dmc, )
November 10, 2020 Filing fee: $ 10.58, receipt number PPE220967 (dmc, )
October 8, 2020 Filing fee: $ 10.58, receipt number PPE219829 (dmc, )
June 16, 2020 Filing fee: $ 11.09, receipt number PPE215537 (dmc, )
June 12, 2020 Filing fee: $ 1.07, receipt number PPE215341 (dmc, )
June 9, 2020 Filing fee: $ 2.74, receipt number PPE215242 (dmc, )
March 13, 2020 Filing fee: $ 3.02, receipt number PPE212934 (nd, )
February 25, 2020 Filing 71 NOTICE of Docketing Record on Appeal from USCA re #70 Notice of Appeal, filed by JOSE ANTONIO PEROZA-BENITEZ. USCA Case Number 20-1390 (dmc, )
February 25, 2020 USCA Appeal Fees received $ 505 receipt number 211937 re #70 Notice of Appeal, filed by JOSE ANTONIO PEROZA-BENITEZ (fdc, )
February 21, 2020 Filing 70 NOTICE OF APPEAL as to #69 Order (Memorandum and/or Opinion),,, #68 Memorandum and/or Opinion by JOSE ANTONIO PEROZA-BENITEZ. Copies to Judge, Clerk USCA, Appeals Clerk. (HERROLD, TYSON) Modified on 3/10/2020 (lvj, ).
January 24, 2020 Opinion or Order Filing 69 ORDERED THAT, FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM OPINION: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF, WITH RESPECT TO PLAINTIFF'S 1983 CLAIMS AT COUNT I OF PLAINTIFF'S AMENDED COMPLAINT;REGARDING THE REMAINING STATE LAW CLAIMS AGAINST DEFENDANTS HASER AND WHITE, AT COUNT II OF PLAINTIFF'S AMENDED COMPLAINT, THIS COURT DECLINES TO EXERCISE SUPPLEMENTAL JURISDICTION OVER THEM PURSUANT TO 28 U.S.C 1367(C)(3). ACCORDINGLY, THESE CLAIMS ARE DISMISSED, WITHOUT PREJUDICE; AND THE STATE LAW CLAIMS AGAINST DEFENDANTS SMITH, PERKINS, AND EPOLITO ARE DISMISSED, WITH PREJUDICE, WITH PLAINTIFF'S CONSENT. [ECF 55 AT 6]. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 1/24/20. 1/27/20 ENTERED AND COPIES E-MAILED.(jpd, )
January 24, 2020 Filing 68 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 1/24/20. 1/27/20 ENTERED AND COPIES E-MAILED. (jpd )
September 27, 2019 Opinion or Order Filing 67 ORDER THAT IN LIGHT OF THE PENDENCY OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF #49 ) IT IS ORDERED THAT THE FINAL PRETRIAL CONFERENCE PREVIOUSLY SCHEDULED FOR OCTOBER 3, 2019 IS CONTINUED UNTIL FURTHER ORDER OF THE COURT.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 09/27/2019. 09/27/2019 ENTERED AND COPIES E-MAILED.(nd, )
September 19, 2019 Filing 66 PRETRIAL MEMORANDUM by JOSE ANTONIO PEROZA-BENITEZ Certificate of Service. (HERROLD, TYSON)
September 19, 2019 Filing 65 PRETRIAL MEMORANDUM by C.I. DARREN C. SMITH, C.I. KEVIN HASER, C.I. MICHAEL PERKINS, NICHOLAS EPOLITO, DANIEL WHITE Certificate of Service. (MACMAIN, DAVID)
August 5, 2019 Filing 64 Declaration re #55 Response in Opposition to Motion for Summary Judgment, substituting for Exhibit E to Opposition by JOSE ANTONIO PEROZA-BENITEZ. (HERROLD, TYSON)
August 2, 2019 Opinion or Order Filing 63 ORDERED THAT FOR THE REASONS SET FORTH IN THE ACCOMPANYING MEMORANDUM OPINION THE MOTION IS GRANTED. ACCORDINGLY DEFENDANTS ARE PRECLUDED FROM OFFERING JOSEPH BLAETTLER AS AN EXPERT. SIGNED BY HONORABLE NITZA I. QUINONES ALEJANDRO ON 8/2/19. 8/5/19 ENTERED AND COPIES E-MAILED. (jpd )
August 2, 2019 Filing 62 MEMORANDUM OPINION. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/2/19. 8/5/19 ENTERED AND COPIES E-MAILED. (jpd)
July 17, 2019 Opinion or Order Filing 61 ORDERED THAT A FINAL PRETRIAL CONFERENCE IS SET FOR 10/3/2019 AT 2:30 P.M. IN JUDGE CHAMBERS ROOM 8613 BEFORE HONORABLE NITZA I QUINONES ALEJANDRO. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 7/17/19. 7/18/19 ENTERED AND COPIES E-MAILED.(jpd, )
June 14, 2019 Filing 60 Defendants C.I. Darren, C. Smith, C.I. Kevin Haser, C.I. Michael Perkins, Nicholas Epolito, Daniel White's Reply in Support of their Motion #49 for Summary Judgment, Certificate of Service. (fdc)
June 14, 2019 Opinion or Order Filing 59 ORDER THAT DEFENDANTS' #58 MOTION FOR PERMISSION TO FILE A REPLY BRIEF IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT IS GRANTED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 6/14/19.6/14/19 ENTERED & E-MAILED.(fdc)
June 14, 2019 Filing 58 MOTION to Permit Defendants' to File a Reply Brief in Support of Defendants' Motion for Summary Judgment filed by NICHOLAS EPOLITO, KEVIN HAZER, MICHAEL PERKINS, DARREN C. SMITH, DANIEL WHITE.Certificate of Service.(MACMAIN, DAVID)
June 14, 2019 Filing 57 Response re #55 Response in Opposition to Motion by NICHOLAS EPOLITO, KEVIN HAZER, MICHAEL PERKINS, DARREN C. SMITH, DANIEL WHITE. (MACMAIN, DAVID)
June 14, 2019 Filing 56 REPLY to Response to Motion re #53 MOTION to Exclude Expert Testimony or Alternatively to Compel Expert Deposition at Expense of Defendants filed by JOSE ANTONIO PEROZA-BENITEZ. (HERROLD, TYSON)
June 7, 2019 Filing 55 RESPONSE in Opposition re #49 MOTION for Summary Judgment filed by JOSE ANTONIO PEROZA-BENITEZ. (Attachments: #1 Statement of Facts in Opp to MSJ, #2 Exhibit A - N, #3 Text of Proposed Order)(HERROLD, TYSON)
June 3, 2019 Filing 54 RESPONSE in Opposition re #53 MOTION to Exclude Expert Testimony or Alternatively to Compel Expert Deposition at Expense of Defendants filed by NICHOLAS EPOLITO, KEVIN HAZER, MICHAEL PERKINS, DARREN C. SMITH, DANIEL WHITE. (MACMAIN, DAVID)
May 24, 2019 Filing 53 MOTION to Exclude Expert Testimony or Alternatively to Compel Expert Deposition at Expense of Defendants filed by JOSE ANTONIO PEROZA-BENITEZ.Brief, Certificate of Service. (Attachments: #1 Text of Proposed Order for Motion, #2 Brief, #3 Text of Proposed Order for Brief)(HERROLD, TYSON)
May 21, 2019 Opinion or Order Filing 52 ORDERED THAT PLAINITFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED AND PLAINTIFF SHALL FILE A RESPOPNSE TO THE MOTION FOR SUMMARY JUDGMENT ON OR BEFORE 6/7/2019.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 5/21/19.5/21/19 ENTERED AND COPIES E-MAILED.(jpd, )
May 21, 2019 Filing 51 MOTION for Extension of Time to File Response/Reply as to #49 MOTION for Summary Judgment (Unopposed Motion) filed by JOSE ANTONIO PEROZA-BENITEZ.Certificate of Service.(HERROLD, TYSON)
May 3, 2019 Filing 50 Statement of Undisputed Facts in Support of Motion for Summary Judgment by NICHOLAS EPOLITO, KEVIN HAZER, MICHAEL PERKINS, DARREN C. SMITH, DANIEL WHITE. (Attachments: #1 Exhibit A-K)(MACMAIN, DAVID)
May 3, 2019 Filing 49 MOTION for Summary Judgment filed by NICHOLAS EPOLITO, KEVIN HAZER, MICHAEL PERKINS, DARREN C. SMITH, DANIEL WHITE.Brief and Certificate of Service.(MACMAIN, DAVID)
January 11, 2019 Filing 48 PLAINTIFF JOSE ANTONIO PEROZA-BENITEZ' MOTION REQUESTING A LEAVE TO STAY IN ABEYANCE SO PETITIONER MAY EXHAUST SOME ISSUES, CERTIFICATE OF SERVICE.(jpd, ) (FILED IN ERROR) SEE 17-3989 #28) Modified on 1/14/2019 (nd, ).
January 8, 2019 Filing 47 REVISED SCHEDULING ORDER THAT THE JOINT MOTION FOR EXTENSION OF CASE DEADLINES (DOC. NO. 46) IS GRANTED AS FOLLOWS: DISCOVERY DUE BY 2/18/2019. MOTIONS DUE BY 5/3/2019. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 1/8/19. 1/9/19 ENTERED AND COPIES E-MAILED.(jpd, )
January 7, 2019 Filing 46 Joint MOTION for Extension of Time to Complete Discovery filed by JOSE ANTONIO PEROZA-BENITEZ.Certificate of Service.(HERROLD, TYSON)
December 21, 2018 Filing 45 Statement Requesting Scheduling Conference by JOSE ANTONIO PEROZA-BENITEZ. (HERROLD, TYSON)
November 28, 2018 Filing 44 Statement on Status of Discovery by JOSE ANTONIO PEROZA-BENITEZ. (HERROLD, TYSON)
October 12, 2018 Filing 43 NOTICE of Appearance by KEVIN M. BOVARD on behalf of JOSE ANTONIO PEROZA-BENITEZ with Certificate of Service(BOVARD, KEVIN)
August 30, 2018 Opinion or Order Filing 42 ORDER THAT DEFENDANTS MOTION FOR LEAVE TO TAKE PLAINTIFF'S DEPOSITION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 30(A)(2)(B) AND NO OPPOSITION THERETO IS GRANTED. COUNSEL FOR DEFENDANTS MAY TAKE THE DEPOSITION OF PLAINTIFF AT STATE CORRECTIONAL INSTITUTE SMITHFIELD ON OR BEFORE SEPTEMBER 13, 2018 AT 1:30 P.M. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/30/18. 8/30/18 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )
August 30, 2018 Filing 41 PROTECTIVE ORDER. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 8/30/18. 8/30/18 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )
August 29, 2018 Filing 40 STIPULATION of Confidentiality by NICHOLAS EPOLITO, KEVIN HAZER, MICHAEL PERKINS, DARREN C. SMITH, DANIEL WHITE. (MACMAIN, DAVID) Modified on 8/31/2018 (lvj, ). (FILED IN ERROR BY ATTORNEY; FORWARD TO JUDGE FOR APPROVAL)
August 29, 2018 Filing 39 MOTION to Depose filed by NICHOLAS EPOLITO, KEVIN HAZER, MICHAEL PERKINS, DARREN C. SMITH, DANIEL WHITE.Brief and Certificate of Service.(MACMAIN, DAVID)
June 22, 2018 Opinion or Order Filing 38 SCHEDULING ORDER: PRIOR TO THE COMPLETION OF DISCOVERY, THE PARTIES MAY REQUEST A REFERRAL TO THE HONORABLE MAGISTRATE JUDGE LYNNE A. SITARSKI, U.S. DISTRICT COURT, TO SCHEDULE A SETTLEMENT CONFERENCE. ALL FACT DISCOVERY DUE BY 10/31/2018. ALL EXPERT REPORTS SHALL BE DUE BY 11/23/18 AND ANY REBUTTAL EXPERT REPORTS ARE DUE BY 12/14/18; ANY DISPOSITIVE MOTION DUE BY 1/11/2019. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON OR ABOUT 3/29/19, TO SCHEDULE THE TRIAL DATE.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 6/21/18. 6/25/18 ENTERED AND COPIES E-MAILED TO COUNSEL.(pr, )
June 21, 2018 Filing 37 Minute Entry for Rule 16/Preliminary Pretrial Conference held before HONORABLE NITZA I QUINONES ALEJANDRO held on 6/21/18 (jpd, )
June 7, 2018 Filing 36 Report Of Rule 26(f) Meeting (Joint) by JOSE ANTONIO PEROZA-BENITEZ. (HERROLD, TYSON)
April 24, 2018 Opinion or Order Filing 35 ORDERED THAT A PRELIMINARY PRETRIAL CONFERENCE IS SET FOR 6/21/2018 AT 2:30 P.M. IN JUDGE CHAMBERS ROOM 8613 BEFORE HONORABLE NITZA I QUINONES ALEJANDRO.SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 4/24/18. 4/25/18 ENTERED AND COPIES E-MAILED. (jpd )
April 19, 2018 Filing 34 ANSWER to #32 Amended Complaint, by NICHOLAS EPOLITO, KEVIN HAZER, MICHAEL PERKINS, DARREN C. SMITH, DANIEL WHITE.(MACMAIN, DAVID)
April 5, 2018 Opinion or Order Filing 33 ORDERED THAT THE DEFENDANTS MOTION TO DISMISS (DOC. NO. 27) IS DENIED AS MOOT. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 4/5/18. 4/5/18 ENTERED AND COPIES E-MAILED. (jpd )
March 28, 2018 Filing 32 AMENDED COMPLAINT AGAINST NICHOLAS EPOLITO, DANIEL WHITE, C.I. DARREN C. SMITH, C.I. KEVIN HASER, C.I. MICHAEL PERKINS, filed by JOSE ANTONIO PEROZA-BENITEZ., CERTIRICATE OF SERVICE.(jpd, ) Modified on 3/30/2018 (nd, ). (Main Document 32 replaced on 3/30/2018) (nd, ).
March 19, 2018 Opinion or Order Filing 31 ORDERED THAT PLAITNIFF'S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO AMEND IS GRANTED. PLAINTIFF SHALL EITHER FILE AN AMENDED COMPLAINT OR RESPONSE TO THE MOTION TO DISMISS BY 3/28/18. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 3/19/18. 3/20/18 ENTERED AND COPIES E-MAILED. (jpd )
March 9, 2018 Filing 30 Second MOTION for Extension of Time to Amend #26 Order Setting Answer Deadline, #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Second Unopposed Motion for Extension of Time) filed by JOSE ANTONIO PEROZA-BENITEZ.Certificate of Service. (Attachments: #1 Text of Proposed Order)(HERROLD, TYSON)
February 14, 2018 Opinion or Order Filing 29 ORDERED THAT PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE AN AMENDED COMPLAINT OR ALTERNATIVELY A BRIEF IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS (DOC. NO. 28) IS GRANTED. PLAINTIFF SHALL EITHER FILE AN AMENDED COMPLAINT OR A RESPONSE TO THE MOTION TO DISMISS BY 3/14/18. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 2/14/18. 2/15/18 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF. (jpd )
February 9, 2018 Filing 28 MOTION for Extension of Time to Amend #26 Order Setting Answer Deadline, #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Unopposed Motion for Extension of Time) filed by JOSE ANTONIO PEROZA-BENITEZ.Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(HERROLD, TYSON)
January 31, 2018 Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NICHOLAS EPOLITO, BRIAN ERRINGTON, ROBERT W. GILBERT, GRESH, KEVIN HAZER, ERIC HONICK, HOPE, JAMES T. KENNEDY, LEAZIER, DAVID LEHMAN, MICHAEL PERKINS, DARREN C. SMITH, DANIEL WHITE.Brief and Certificate of Service.(MACMAIN, DAVID)
January 22, 2018 Opinion or Order Filing 26 ORDER THAT THE CLERK OF COURT SHALL REMOVE THIS MATTER FROM CIVIL SUSPENSE AND PLACE IT ON THE COURT'S ACTIVE DOCKET. DEFENDANTS SHALL HAVE UNTIL 1/31/2018 TO FILE THEIR RESPECTIVE ANSWERS TO THE PLAINTIFF'S COMPLAINTL. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 1/22/18. 1/23/18 ENTERED AND COPIES E-MAILED.(jpd, )
December 28, 2017 Opinion or Order Filing 25 ORDERED THAT TYSON Y. HERROLD, ESQ., IS APPOINTED AS COUNSEL FOR PLAINTIFF IN THIS MATTER. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 12/28/17. 12/29/17 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED. (jpd )
December 11, 2017 Opinion or Order Filing 24 ORDERED THAT THIS MATTER REFERRED TO THE PRISONER CIVIL RIGHTS PANEL FOR THE APPOINTMENT OF COUNSEL. THE CLERK OF COURT IS DIRECTED TO PLACE THIS MATTER IN CIVIL SUSPENSE UNTIL FURTHER ORDER OF THIS COURT. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 12/11/17. 12/11/17 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF AND E-MAILED. (jpd)
December 8, 2017 Filing 23 PLAINTIFF JOSE ANTONIO PEROZA-BENITEZ'S REQUEST FOR ATTORNEY.(jpd, )
October 31, 2017 Filing 22 NOTICE of Appearance by TRICIA M. AMBROSE on behalf of NICHOLAS EPOLITO, BRIAN ERRINGTON, ROBERT W. GILBERT, GRESH, KEVIN HAZER, ERIC HONICK, HOPE, JAMES T. KENNEDY, LEAZIER, DAVID LEHMAN, MICHAEL PERKINS, DARREN C. SMITH, DANIEL WHITE with Certificate of Service(AMBROSE, TRICIA)
October 31, 2017 Filing 21 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. ROBERT W. GILBERT waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 20 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. NICHOLAS EPOLITO waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 19 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. MICHAEL PERKINS waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 18 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. LEAZIER waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 17 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. KEVIN HAZER waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 16 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. JAMES T. KENNEDY waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 15 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. HOPE waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 14 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. GRESH waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 13 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. ERIC HONICK waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 12 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. DAVID LEHMAN waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 11 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. DARREN C. SMITH waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 10 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. DANIEL WHITE waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 9 WAIVER OF SERVICE Returned Executed by MICHAEL PERKINS, KEVIN HAZER, DAVID LEHMAN, DANIEL WHITE, JAMES T. KENNEDY, DARREN C. SMITH, GRESH, LEAZIER, BRIAN ERRINGTON, ERIC HONICK, ROBERT W. GILBERT, HOPE, NICHOLAS EPOLITO. BRIAN ERRINGTON waiver sent on 10/16/2017, answer due 12/15/2017. (MACMAIN, DAVID)
October 31, 2017 Filing 8 NOTICE of Appearance by DAVID J. MACMAIN on behalf of NICHOLAS EPOLITO, BRIAN ERRINGTON, ROBERT W. GILBERT, GRESH, KEVIN HAZER, ERIC HONICK, HOPE, JAMES T. KENNEDY, LEAZIER, DAVID LEHMAN, MICHAEL PERKINS, DARREN C. SMITH, DANIEL WHITE with Certificate of Service(MACMAIN, DAVID)
October 10, 2017 Filing 7 NOTICE FORWARDED TO PLAINTIFF ON 10/10/17 REGARDING WAIVERS. (jpd, )
October 10, 2017 Filing 6 REQUEST FOR WAIVER of Service sent to DEFENDANTS on 10/10/17. Waiver of Service due by 11/9/2017. (jpd, )
October 10, 2017 Opinion or Order Filing 5 ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF SHALL PAY THE FULL FILING FEE OF $350.00. THE COMPLAINT IS TO BE FILED. THE SPELLING OF PLAINTIFF'S NAME ON THE DOCKET AND IN THE CAPTION SHALL BE CORRECTED TO READ JOSE ANTONIO PEROZA-BENITEZ. SERVICE OF THE SUMMONS AND COMPLAINT SHALL BE MADE UPON THE DEFENADNTS BY THE U.S. MARSHAL SERVICE IN THE EVENT THAT WAIVER OF SERVICE IS NOT EFFECTED. THE CLERK OF COURT SHALL SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI SMITHFILED. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 10/10/17. 10/10/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND FAXZED TO SUPT SCI SMITHFIELD. (jpd,) (Main Document 5 replaced on 10/10/2017) (jpd, ).
October 5, 2017 Opinion or Order Filing 4 ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE LEGROME D. DAVIS TO HONORABLE NITZA I QUINONES ALEJANDRO FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 10/5/17. 10/5/17 ENTERED AND COPIES MAILED TO PLAINTIFF.(jaa, )
September 8, 2017 Filing 3 Prisoner Trust Fund Account Statement by JOSE ANTONIO BENITEZ-PEROZA. (jpd, )
September 8, 2017 Filing 2 PLAINTIFF JOSE ANTONIO BENITEZ-PEROZA'S APPLICATION TO PROCEED IN FORMA PAUPERIS. (jpd, )
September 5, 2017 Filing 1 COMPLAINT against NICHOLAS EPOLITO, BRIAN ERRINGTON, ROBERT W. GILBERT, GRESH, KEVIN HAZER, ERIC HONICK, HOPE, JAMES T. KENNEDY, LEAZIER, DAVID LEHMAN, MICHAEL PERKINS, DARREN C. SMITH, DANIEL WHITE, filed by JOSE ANTONIO BENITEZ-PEROZA. (NO FEE. NO IFP) . (Attachments: #1 Civil Cover Sheet, #2 Envelope)(ahf)

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Defendant: C.I. MICHAEL PERKINS
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: C.I. NICHOLAS EPOLITO
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: C.I. DANIEL WHITE
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: C.I. DAVID LEHMAN
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: C.I. KEVIN HAZER
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: C.I. DARREN C. SMITH
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: C.I. GRESH
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: C.I. JAMES T. KENNEDY
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: C.I. BRIAN ERRINGTON
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: C.I. ERIC HONICK
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: C.I. ROBERT W. GILBERT
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: C.I. HOPE
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: C.I. LEAZIER
Represented By: TRICIA M. AMBROSE
Represented By: DAVID J. MACMAIN
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Defendant: OFFICER NICHOLAS EPOLITO
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Defendant: OFFICER DANIEL WHITE
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Defendant: C.I. KEVIN HASER
Represented By: DAVID J. MACMAIN
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Plaintiff: JOSE ANTONIO BENITEZ-PEROZA
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Plaintiff: JOSE ANTONIO PEROZA-BENITEZ
Represented By: TYSON Y. HERROLD
Represented By: KEVIN M. BOVARD
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