KINDER v. MARINEZ et al
| ANTHONY KINDER |
| HECTOR MARINEZ and READING POLICE DEPARTMENT |
| 5:2019cv02692 |
| June 20, 2019 |
| US District Court for the Eastern District of Pennsylvania |
| JOSEPH F LEESON |
| Prisoner Petitions: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on October 23, 2019. A more recent docket listing may be available from PACER.
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Filing 12
ORDER THAT THE MOTION FOR APPOINTMENT OF COUNSEL (ECF NO. 11), IS DENIED WITHOUT PREJUDICE AND WITH LEAVE TO RENEW FOLLOWING COMPLETION OF PLAINTIFF'S CRIMINAL PROCEEDING. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/22/19.7/22/19 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF.(er, )
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| Filing 11 MOTION FOR APPOINTMENT OF COUNSEL filed by ANTHONY KINDER. (er, ) |
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Filing 10
ORDER THE MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, ECF NO. 8, IS DENIED AS MOOT. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/15/19. 7/16/19 ENTERED AND COPIES MAILED to PRO SE PETITIONER.(er, )
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| Filing 9 Prisoner Trust Fund Account Statement by ANTHONY KINDER. (er, ) |
| Filing 8 APPLICATION FOR PRISONERS TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS filed by ANTHONY KINDER. (er, ) |
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Filing 7
ORDER THAT THE MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (ECF NO. 4) IS GRANTED PURSUANT TO 28 U.S.C. 1915, ETC. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF BERKS COUNTY JAIL. THE COMPLAINT IS DEEMED FILED. THE COMPLAINT IS DISMISSED WITH PREJUDICE AS TO DEFENDANT READING POLICE DEPARTMENT FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B) (II) AND THE REASONS STATED IN THE COURTS MEMORANDUM. ALL FURTHER PROCEEDINGS AGAINST THE REMAINING DEFENDANT, READING POLICE OFFICER HECTOR MARINEZ, ARE STAYED PENDING RESOLUTION OF KINDER'S RELATED CRIMINAL CASE, COMMONWEALTH V. KINDER, DOCKET NO. CP-06-CR-413-2019 (BERKS CTY. COMMON PLEAS), INCLUDING ANY AVAILABLE APPELLATE PROCEEDINGS. WITHIN THIRTY DAYS OF COMPLETION OF COMMONWEALTH V. KINDER, DOCKET NO. CP- 06-CR-413-2019 (BERKS CTY. COMMON PLEAS), INCLUDING ANY AVAILABLE APPELLATE PROCEEDINGS, KINDER SHALL NOTIFY THIS COURT THAT THE STATE CRIMINAL PROCEEDINGS HAVE CONCLUDED SO THAT THE ABOVE-CAPTIONED ACTION MAY PROCEED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/2/19. 7/3/19 ENTERED AND COPIES MAILED TO PRO SE PLAINTIF, WARDEN OF BERKS COUNTY .(er, ) Modified on 7/3/2019 (er, ).
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| Filing 6 MEMORANDUM. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/2/19. 7/3/19 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF.(er, ) |
| Filing 5 Prisoner Trust Fund Account Statement by ANTHONY KINDER. (amas) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by ANTHONY KINDER.(amas) |
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Filing 3
ORDER THAT IF PLAINTIFF ANTHONY KINDER 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 (OR INSTITUTIONAL EQUIVALENT) SHOWING ALL DEPOSITS, WITHDRAWALS, AND A CURRENT BALANCE, FROM ANY CORRECTIONAL FACILITY IN WHICH HE WAS CONFINED FOR THE SIX-MONTH PERIOD FROM DECEMBER 20, 2018 TO JUNE 20, 2019, REFLECTING ACCOUNT ACTIVITY FROM THAT TIME PERIOD. IF KINDER 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. HE WILL NOT BE ENTITLED TO THE RETURN OF ANY PAYMENTS MADE TOWARD THE FEE. THE CLERK OF COURT SHALL FURNISH KINDER WITH A BLANK COPY OF THIS COURT'S CURRENT STANDARD PRISONER IN FORMA PAUPERIS FORM BEARING THE ABOVE CIVIL ACTION NUMBER. IF KINDER FAILS TO COMPLY WITH THIS ORDER HIS CASE MAY BE DISMISSED WITHOUT PREJUDICE AND/OR CLOSED WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 6/21/19. 6/21/19 ENTERED AND COPIES MAILED TO PRO SE PLAINTIFF WITH CURRENT IFP APPLICATION. (er, )
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| Filing 2 PRO SE NOTICE RE:GUIDELINES (ahf) |
| Filing 1 COMPLAINT against HECTOR MARINEZ, READING POLICE DEPARTMENT (NO FEE, NO IFP), filed by ANTHONY KINDER. (Attachments: #1 Civil Cover Sheets, #2 Envelope)(ahf) |
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