MERRITT v. HARTMAN et al
Plaintiff: ROBERT MERRITT
Defendant: THE STATE OF PENNSYLVANIA, THE AGENCY OF THE SHIRIFF DEPARTMENT, THE CITY OF ALLENTOWN, THE PRISON OF LEHIGH COUNTY, THE COUNTY OF LEHIGH and ED HARTMAN
Case Number: 5:2019cv02008
Filed: May 8, 2019
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: JEFFREY L SCHMEHL
Nature of Suit: Prisoner Petitions: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 25, 2019 Opinion or Order Filing 12 ORDER THAT BECAUSE MERRITT WAS INCARCERATED AT THE TIME HE FILED THIS CIVIL ACTION, THE PRISON LITIGATION REFORM ACT (PLRA) APPLIES, EVEN THOUGH HE HAS SINCE BEEN RELEASED FROM IMPRISONMENT. SEE, E.G., IN RE SMITH, 114 F.3D 1247, 1251 (D.C. CIR. 1997) (IF A LITIGANT IS A PRISONER ON THE DAY HE FILES A CIVIL ACTION, THE PLRA APPLIES.). THUS, MERRITT MUST PAY AN INITIAL PARTIAL FILING FEE OF $0.34, WHICH THE COURT HAS CALCULATED BASED ON THE INFORMATION IN HIS PRISON ACCOUNT STATEMENT; ETC. AS HEREIN. AS MERRITTS MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS INDICATES THAT HE IS HOMELESS AND INDIGENT, THE MOTION IS GRANTED. IF MERRITT SEEKS TO PROCEED WITH THIS ACTION, HE IS DIRECTED TO, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER SUBMIT AN INITIAL PARTIAL FILING FEE OF $0.34 TO THE CLERK OF COURT. IF MERRITT FAILS TO MAKE THE PARTIAL PAYMENT, HIS CASE MAY BE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE WITHOUT FURTHER NOTICE. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED WITH PREJUDICE PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II) AS TO DEFENDANTS STATE OF PENNSYLVANIA AND THE PRISON OF LEHIGH COUNTY. THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II) AS TO DEFENDANTS COUNTY OF LEHIGH, THE AGENCY OF THE SHIRIFF DEPARTMENT THAT HE WORK FOR, AND THE CITY OF ALLENTOWN; ETC. AS HEREIN. MERRITT IS GIVEN THIRTY (30) DAYS TO FILE AN AMENDED COMPLAINT IN THE EVENT HE CAN ALLEGE ADDITIONAL FACTS TO STATE A PLAUSIBLE CLAIM AGAINST COUNTY OF LEHIGH, THE AGENCY OF THE SHIRIFF DEPARTMENT THAT HE WORK FOR, AND THE CITY OF ALLENTOWN; ETC. AS HEREIN. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT; ETC. AS HEREIN. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 6/24/19. 6/25/19 ENTERED AND COPIES MAILED TO PRO SE.(mas, )
June 25, 2019 Filing 11 MEMORANDUM. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 6/24/19. 6/25/19 ENTERED AND COPIES MAILED TO PRO SE.(mas, )
June 14, 2019 Filing 10 Prisoner Trust Fund Account Statement by ROBERT MERRITT. (mas, )
June 14, 2019 Filing 9 MOTION TO RESPOND TO COURT'S ORDER FILED BY ROBERT MERRITT. (mas, )
May 29, 2019 Filing 8 Copy of Order/Notice dated 5/10/2019 (Document # 4) and envelope returned from the U.S. Postal Service addressed to Robert Merritt for the following reason: Not Deliverable as Addressed. (COPY OF ORDER GIVEN TO PRO SE PLAINTIFF) (DT) Modified on 5/29/2019 (dt, ).
May 23, 2019 Opinion or Order Filing 7 ORDER OF 5/23/2019 THAT PLAINTIFF ROBERT MERRIT'S MOTION TO PROCEED IN FORMA PAUPERIS (ECF NO. 6) IS HELD IN ABEYANCE. MERRITT IS DIRECTED TO FILE A CERTIFIED COPY OF HIS INMATE ACCOUNT STATEMENT (OR INSTITUTIONAL EQUIVALENT) SHOWING ALL DEPOSITS, WITHDRAWALS, AND CURRENT BALANCE, FROM ANY CORRECTIONAL FACILITY IN WHICH HE WAS CONFINED FOR THE SIX MONTH PERIOD FROM NOVEMBER 8, 2018 THROUGH MAY 8, 2019, AS PREVIOUSLY ORDERED. (SEE ECF NO. 4) THE MOTION WILL NOT BE ADJUDICATED AND THE COMPLAINT WILL NOT BE DEEMED FILED UNTIL MERRITT SUBMITS THE INMATE ACCOUNT STATEMENT. ETC. MERRITT IS GRANTED AN ADDITIONAL THIRTY (30) DAYS FROM THE DATE OF THIS ORDER TO SUBMIT HIS INMATE ACCOUNT STATEMENT. MERRITT IS ADVISED THAT THE FAILURE TO DO SO MAY RESULT IN THE DISMISSAL OF THIS CASE WITHOUT PREJUDICE AND WITHOUT FURTHER NOTICE. SIGNED BY JUDGE: JEFFREY L. SCHMEHL ON 5/23/2019. 5/23/2019 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF. (DT)
May 21, 2019 Filing 6 MOTION OF PRO SE PLAINTIFF ROBERT MERRITT TO PROCEED IN FORMA PAUPERIS. (DT)
May 21, 2019 Filing 5 Notice of Change of Address by PRO SE PLAINTIFF ROBERT MERRITT. (DT)
May 10, 2019 Opinion or Order Filing 4 ORDER THAT IF MERRITT SEEKS TO PROCEED WITH THIS ACTION HE MUST, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, EITHER (1) SUBMIT $400 (THE $350 FILING FEE AND $50 ADMINISTRATIVE FEE) TO THE CLERK OF COURT, OR (2) FILE A MOTION TO PROCEED IN FORMA PAUPERIS WITH A CERTIFIED COPY OF HIS PRISONER ACCOUNT STATEMENT; ETC. AS HEREIN. IF MERRITT IS ULTIMATELY GRANTED LEAVE TO PROCEED IN FORMA PAUPERIS, HE WILL BE OBLIGATED TO PAY THE $350 FILING FEE IN INSTALLMENTS PURSUANT TO 28 U.S.C. 1915(B), EVEN IF HIS CASE IS DISMISSED; ETC. AS HEREIN. THE CLERK OF COURT SHALL FURNISH MERRITT WITH A BLANK COPY OF THIS COURTS CURRENT STANDARD PRISONER IN FORMA PAUPERIS FORM BEARING THE ABOVE CIVIL ACTION NUMBER. IF MERRITT FAILS TO COMPLY WITH THIS ORDER HIS CASE MAY BE DISMISSED WITHOUT PREJUDICE AND/OR CLOSED WITHOUT FURTHER NOTICE; ETC. AS HEREIN. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 5/10/19. 5/10/19 ENTERED AND COPIES MAILED TO PRO SE ALONG WITH A BLANK COPY OF THIS COURTS CURRENT STANDARD PRISONER IN FORMA PAUPERIS FORM BEARING THE ABOVE CIVIL ACTION NUMBER AND E-MAILED.(mas, )
May 8, 2019 DEMAND for Trial by Jury by ROBERT MERRITT. (ahf)
May 8, 2019 Filing 3 PRO SE NOTICE RE:GUIDELINES (ahf)
May 8, 2019 Filing 2 MOTION TO APPOINT COUNSEL FILED BY ROBERT MERRITT.(ahf)
May 8, 2019 Filing 1 COMPLAINT against ED HARTMAN, THE AGENCY OF THE SHIRIFF DEPARTMENT, THE CITY OF ALLENTOWN, THE COUNTY OF LEHIGH, THE PRISON OF LEHIGH COUNTY, THE STATE OF PENNSYLVANIA (NO FEE, NO IFP), filed by ROBERT MERRITT. (Attachments: #1 Envelope)(ahf)

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Defendant: THE STATE OF PENNSYLVANIA
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Defendant: THE AGENCY OF THE SHIRIFF DEPARTMENT
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Defendant: THE CITY OF ALLENTOWN
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Defendant: THE PRISON OF LEHIGH COUNTY
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Defendant: THE COUNTY OF LEHIGH
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Defendant: ED HARTMAN
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Plaintiff: ROBERT MERRITT
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