FENNELL et al v. KOSTURA et al
| NIGEL DOUGLAS, SCOTT BROCKEL, DEKOTA BAPTISTE, GOSTAVO RIVERA, RACHWEN LEMPON, BRIAN OLIVER, JARRET HURSH, ADAM WACHNIK, PATRICK BUTLER, GEORGE BLOOMER, KEVIN HOLTON, MARK E. BENDER, KASAAN BREVARD, GABRIEL BRACCIO, PEDRO VERA, JAMARCUS FENNELL and JOHN HOFER |
| DAVID COLLINS, JAMES C. KOSTURA, LIEUTENANT CRUZ, CORRECTIONAL OFFICER BAKER, ASHLEY WARNING, JANEL GUIDI, MICHAEL CHEWBLOSKI, LIEUTENANT HOFFMAN, LIEUTENANT CHAI RINKER, NORTHAMPTON COUNTY PRISON, LIEUTENANT HENNINGER, CORRECTIONAL OFFICER LUIS SANTIAGO and LIEUTENANT CHAD RINKER |
| 5:2019cv00669 |
| February 14, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| MARK A KEARNEY |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on June 25, 2019. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE of Appearance by SAMANTHA RYAN on behalf of BAKER, MICHAEL CHEWBLOSKI, DAVID COLLINS, CRUZ, JANEL GUIDI, HENNINGER, HOFFMAN, JAMES C. KOSTURA, NORTHAMPTON COUNTY PRISON, CHAD RINKER, LUIS SANTIAGO, ASHLEY WARNING with Certificate of Service(RYAN, SAMANTHA) |
| Filing 23 WAIVER OF SERVICE Returned Executed by CHAD RINKER, LUIS SANTIAGO, JAMES C. KOSTURA, MICHAEL CHEWBLOSKI, HOFFMAN, ASHLEY WARNING, BAKER, NORTHAMPTON COUNTY PRISON, JANEL GUIDI, DAVID COLLINS, CRUZ, HENNINGER. ASHLEY WARNING waiver sent on 4/9/2019, answer due 6/10/2019. (MACMAIN, DAVID) |
| Filing 22 WAIVER OF SERVICE Returned Executed by CHAD RINKER, LUIS SANTIAGO, JAMES C. KOSTURA, MICHAEL CHEWBLOSKI, HOFFMAN, ASHLEY WARNING, BAKER, NORTHAMPTON COUNTY PRISON, JANEL GUIDI, DAVID COLLINS, CRUZ, HENNINGER. LUIS SANTIAGO waiver sent on 4/9/2019, answer due 6/10/2019. (MACMAIN, DAVID) |
| Filing 21 WAIVER OF SERVICE Returned Executed by CHAD RINKER, LUIS SANTIAGO, JAMES C. KOSTURA, MICHAEL CHEWBLOSKI, HOFFMAN, ASHLEY WARNING, BAKER, NORTHAMPTON COUNTY PRISON, JANEL GUIDI, DAVID COLLINS, CRUZ, HENNINGER. CHAD RINKER waiver sent on 4/9/2019, answer due 6/10/2019. (MACMAIN, DAVID) |
| Filing 20 WAIVER OF SERVICE Returned Executed by CHAD RINKER, LUIS SANTIAGO, JAMES C. KOSTURA, MICHAEL CHEWBLOSKI, HOFFMAN, ASHLEY WARNING, BAKER, NORTHAMPTON COUNTY PRISON, JANEL GUIDI, DAVID COLLINS, CRUZ, HENNINGER. NORTHAMPTON COUNTY PRISON waiver sent on 4/9/2019, answer due 6/10/2019. (MACMAIN, DAVID) |
| Filing 19 WAIVER OF SERVICE Returned Executed by CHAD RINKER, LUIS SANTIAGO, JAMES C. KOSTURA, MICHAEL CHEWBLOSKI, HOFFMAN, ASHLEY WARNING, BAKER, NORTHAMPTON COUNTY PRISON, JANEL GUIDI, DAVID COLLINS, CRUZ, HENNINGER. JAMES C. KOSTURA waiver sent on 4/9/2019, answer due 6/10/2019. (MACMAIN, DAVID) |
| Filing 18 WAIVER OF SERVICE Returned Executed by CHAD RINKER, LUIS SANTIAGO, JAMES C. KOSTURA, MICHAEL CHEWBLOSKI, HOFFMAN, ASHLEY WARNING, BAKER, NORTHAMPTON COUNTY PRISON, JANEL GUIDI, DAVID COLLINS, CRUZ, HENNINGER. HOFFMAN waiver sent on 4/9/2019, answer due 6/10/2019. (MACMAIN, DAVID) |
| Filing 17 WAIVER OF SERVICE Returned Executed by CHAD RINKER, LUIS SANTIAGO, JAMES C. KOSTURA, MICHAEL CHEWBLOSKI, HOFFMAN, ASHLEY WARNING, BAKER, NORTHAMPTON COUNTY PRISON, JANEL GUIDI, DAVID COLLINS, CRUZ, HENNINGER. HENNINGER waiver sent on 4/9/2019, answer due 6/10/2019. (MACMAIN, DAVID) |
| Filing 16 WAIVER OF SERVICE Returned Executed by CHAD RINKER, LUIS SANTIAGO, JAMES C. KOSTURA, MICHAEL CHEWBLOSKI, HOFFMAN, ASHLEY WARNING, BAKER, NORTHAMPTON COUNTY PRISON, JANEL GUIDI, DAVID COLLINS, CRUZ, HENNINGER. JANEL GUIDI waiver sent on 4/9/2019, answer due 6/10/2019. (MACMAIN, DAVID) |
| Filing 15 WAIVER OF SERVICE Returned Executed by CHAD RINKER, LUIS SANTIAGO, JAMES C. KOSTURA, MICHAEL CHEWBLOSKI, HOFFMAN, ASHLEY WARNING, BAKER, NORTHAMPTON COUNTY PRISON, JANEL GUIDI, DAVID COLLINS, CRUZ, HENNINGER. CRUZ waiver sent on 4/9/2019, answer due 6/10/2019. (MACMAIN, DAVID) |
| Filing 14 WAIVER OF SERVICE Returned Executed by CHAD RINKER, LUIS SANTIAGO, JAMES C. KOSTURA, MICHAEL CHEWBLOSKI, HOFFMAN, ASHLEY WARNING, BAKER, NORTHAMPTON COUNTY PRISON, JANEL GUIDI, DAVID COLLINS, CRUZ, HENNINGER. DAVID COLLINS waiver sent on 4/9/2019, answer due 6/10/2019. (MACMAIN, DAVID) |
| Filing 13 WAIVER OF SERVICE Returned Executed by CHAD RINKER, LUIS SANTIAGO, JAMES C. KOSTURA, MICHAEL CHEWBLOSKI, HOFFMAN, ASHLEY WARNING, BAKER, NORTHAMPTON COUNTY PRISON, JANEL GUIDI, DAVID COLLINS, CRUZ, HENNINGER. MICHAEL CHEWBLOSKI waiver sent on 4/9/2019, answer due 6/10/2019. (MACMAIN, DAVID) |
| Filing 12 WAIVER OF SERVICE Returned Executed by CHAD RINKER, LUIS SANTIAGO, JAMES C. KOSTURA, MICHAEL CHEWBLOSKI, HOFFMAN, ASHLEY WARNING, BAKER, NORTHAMPTON COUNTY PRISON, JANEL GUIDI, DAVID COLLINS, CRUZ, HENNINGER. BAKER waiver sent on 4/9/2019, answer due 6/10/2019. (MACMAIN, DAVID) |
| Filing 11 NOTICE of Appearance by DAVID J. MACMAIN on behalf of BAKER, MICHAEL CHEWBLOSKI, DAVID COLLINS, CRUZ, JANEL GUIDI, HENNINGER, HOFFMAN, JAMES C. KOSTURA, NORTHAMPTON COUNTY PRISON, CHAD RINKER, LUIS SANTIAGO, ASHLEY WARNING with Certificate of Service(MACMAIN, DAVID) |
| Filing 10 NOTICE FORWARDED TO PLAINTIFF ON 4/9/19 REGARDING WAIVERS.(jpd, ) |
| Filing 9 REQUEST FOR WAIVER of Service sent to DEFENDANTS on 4/9/19. Waiver of Service due by 5/8/2019. (jpd, ) |
Filing 8
ORDERED THAT ALL PLAINTIFFS EXCEPT MR. FENNELL ARE DISMISSED; THE COMPLAINT IS DEEMED FILED; THE CLERK OF COURT SHALL SERVE WRITTEN WAIVERS UPON THE DEFENDANTS UNDER FEDERAL RULE 4(d) TO EFFECT SERVICE. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/8/19. 4/8/19 ENTERED AND COPIES MAILED AND E-MAILED. (jpd )
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Filing 7
ORDERED THAT PLAINTIFF'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. PLAINTIFF JAMARCUS FENNELL SHALL PAY THE FULL FILING FEEOF $350.00 IN INSTALLMENTS. THE COMPLAINT IS DEEMED FILED SUBJECT TO FURTHER ORDER FOLLOWING OUR SCREENING UNDER 28 U.S.C. SEC. 1915. AS PLAINTIFF SUBMITTED THE COMPLAINT IN TWO PARTS ALONG WITH A MEMORANDUM IN SUPPORT OF MOTION TO CERTIFY SUIT AS A CLASS ACTION PURSUANT TO FRCP 23 THE CLERK OF COURT SHALL COMBINE DOC. NOIS. 2 AND 5 INTO ONE DOCKET ENTRY AS OUTLINED HEREIN. THE CLERK OF COURT SHALL NOT ISSUE WAIVERS OR SUMMONS UNTIL FURTHER ORDER. NO LATER THAN 3/29/19 A PRISONER WHO SIGNE D THE COMPLIANT AND SEEKS TO PROCEED AS A PARTY OTHER THAN MR. FENNELL MUST EITHER MOVE TO PROCEED IN FORMA PAUPERIS WITH A CERTIFIED COPY OF HIS INMATE ACCOUNT STATEMENT FOR THE SIX (6) MONTH PERIOD FROM 8/14/18 THROUGH 2/14/19 OR MAY PROCEED BY PAYING THE $400.00 FILING FEE TO THE CLERK OF COURT. AS PRISONER ADAM WACHNIK HAS NOT SIGNE THE COMPLIANT THE CLERK OF COURT SHALL SEND THE SIGNATURE PAGE #8 OF THE COMPLAINT TO HIM AND HE MUST SIGN AND RETURN IT TO THE CLERK OF COURT WITH EITHER HIS FILING FEE OR MOTION TO PROCEED IN FORMA PAUPERIS IF HE SEEKS TO PROCEED IN THIS MATTER. FENNEL OR ANY PRISONER WHO FAILS TO COMPLY WITH THIS ORDER WILL NOT BE PERMITTED TO PROCEED AS A PARTY TO THIS ACTION. FENNELL'S MOTION TO APPOINT COUNSEL IS DENIED WITHOUT PREJUDICE TO BE RENEWED FOLLOWING SERVICE AND THE CLOSE OF PLEADINGS AND FENNELL MAY NOT PROCEED AS A CLASS REPRESENTATIVE OR PROSECUTE A CLASS ACTION AS HE IS INCAPABLE OF MEETING OBLIGATIONS OF CLASS REPRESENTATIVE AND CANNOT REPRESENT OTHERS AS AN ATTORNEY.. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/27/19.2/29/18 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFFS.(jpd, )
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| Filing 6 PLAINTIFF JAMARCUS FENNELL'S MOTION FOR APPOINTMENT OF COUNSEL.(jpd, ) |
| Filing 5 PLAINTIFF JAMARCUS FENNELL'S MEMORANDUM IN SUPPORT OF MOTION TO CERTIFY SUIT AS CLAS ACTION PURSUANT TO FRCP 23. (jpd, ) (Main Document 5 replaced on 2/25/2019) (nd, ). |
| Filing 4 PRO SE NOTICE RE:GUIDELINES (jwl, ) |
| Filing 3 Prisoner Trust Fund Account Statement by JAMARCUS FENNELL. (jwl, ) |
| Filing 2 COMPLAINT against BAKER, MICHAEL CHEWBLOSKI, DAVID COLLINS, CRUZ, JANEL GUIDI, HENNINGER, HOFFMAN, JAMES C. KOSTURA, NORTHAMPTON COUNTY PRISON, CHAI RINKER, LUIS SANTIAGO, ASHLEY WARNING, filed by DEKOTA BAPTISTE, GEORGE BLOOMER, JOHN HOFER, JAMARCUS FENNELL, KASAAN BREVARD, ADAM WACHNIK, JARRET HURSH, PEDRO VERA, RACHWEN LEMPON, PATRICK BUTLER, NIGEL DOUGLAS, GOSTAVO RIVERA, SCOTT BROCKEL, MARK E. BENDER, GABRIEL BRACCIO, KEVIN HOLTON, BRIAN OLIVER. (Attachments: #1 Envelope)(jwl, ) Modified on 2/19/2019 (lisad, ). (Additional attachment(s) added on 2/28/2019: #2 attachment 1) (jpd, ). (Additional attachment(s) added on 2/28/2019: #3 Memorandum in Support of Motion) (jpd, ). |
| Filing 1 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS filed by JAMARCUS FENNELL..(jwl, ) |
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