BUTLER v. LEHIGH COUNTY JAIL et al
| PATRICK BUTLER |
| LEHIGH COUNTY JAIL, CITY OF ALLENTOWN, KYLE RUSSELL, JANINE DONATE, MICHAEL SALTER, DOUGLAS METTE, STEVEN MILLER, TOM WOLF, LEHIGH COUNTY, ALL HOUSING UNIT OFFICERS WORKING AT LCJ CARRYING OUT THE DISCRIMINATION POLICY 2020-PRESENT and THE CITY COUNCIL OF ALLENTOWN |
| 5:2022cv00229 |
| January 12, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| JUAN R SANCHEZ |
| Prisoner Petitions: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 10 Status Report on Request for USM 285 Form (sg) |
| Filing fee: $ 44, receipt number 237795 (sg) |
Filing 9
ORDERED THAT: 1. THE CLERK OF COURT IS DIRECTED TO TERMINATE THE FOLLOWING DEFENDANTS: (A) LEHIGH COUNTY JAIL; (B) KYLE RUSSELL; (C) JANINE DONATE; (D) MICHAEL SALTER; (E) DOUGLAS METTE; (F) STEVEN MILLER; AND (G) ALL HOUSING UNIT OFFICERS WORKING AT LCJ CARRYING OUT THE DISCRIMINATION POLICY 2020-PRESENT. ONLY LEHIGH COUNTY SHALL REMAIN AS A DEFENDANT IN THIS CASE. 2. THE CLERK OF COURT SHALL ISSUE A SUMMONS FOR LEHIGH COUNTY. SERVICE OF THE SUMMONS AND THE COMPLAINT (ECF NO. 2), ALONG WITH A COPY OF THIS ORDER AND THE COURTS FEBRUARY 15, 2022 MEMORANDUM AND ORDER (ECF NOS. 6 & 7), SHALL BE MADE UPON THE DEFENDANT BY THE U.S. MARSHALS SERVICE. BUTLER WILL BE REQUIRED TO COMPLETE A USM-285 FORM SO THAT THE MARSHALS CAN SERVE THE DEFENDANT. FAILURE TO COMPLETE THAT FORM MAY RESULT IN DISMISSAL OF THIS CASE. 3. ALL ORIGINAL PLEADINGS AND OTHER PAPERS SUBMITTED FOR CONSIDERATION TO THE COURT IN THIS CASE ARE TO BE FILED WITH THE CLERK OF COURT.. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 3/7/2022. 3/7/2022 ENTERED AND COPIES MAILED TO PRO SE.(sg)
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| Summons Issued as to LEHIGH COUNTY. Forwarded To: EMAILED TO US MARSHAL on 3/7/2022 (sg) |
| Filing 8 MEMORANDUM/NOTICE OF BRIEF, by PATRICK BUTLER. (sg) |
| DOC. 6 AND 7 FAXED TO LEHIGH COUNTY JAIL. (sg) |
| COPY OF DOC. NOS. 6 AND 7, AND 1983 CIVIL RIGHTS COMPLAINT FORM HAVE BEEN MAILED TO PRO SE. (bw) |
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Filing 7
ORDERED THAT: LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. 1915. PATRICK BUTLER, #171922, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF LEHIGH COUNTY JAIL. THE COMPLAINT IS DEEMED FILED. THE FOLLOWING CLAIMS ARE DISMISSED FOR THE REASONS STATED IN THE COURTS MEMORANDUM: A. ANY BREACH OF CONTRACT CLAIMS AND BIVENS CLAIMS ARE DISMISSED WITH PREJUDICE. ALL CLAIMS AGAINST DEFENDANTS WOLF, CITY OF ALLENTOWN, [T]HE CITY COUNCIL OF ALLENTOWN WHOEVER IS IN CHARGE OF THE DIRECTOR/WARDEN UNDER MUNICIPAL LIABILITY, AND THE LEHIGH COUNTY JAIL ARE DISMISSED WITH PREJUDICE. ALL DUE PROCESS CLAIMS, RETALIATION CLAIMS AND ESTABLISHMENT CLAUSE CLAIMS ARE DISMISSED WITHOUT PREJUDICE. THE CLERK OF COURT IS DIRECTED TO SEND BUTLER A BLANK COPY OF THE COURTS STANDARD FORM COMPLAINT FOR PRISONERS TO USE TO FILE A COMPLAINT BEARING THE ABOVE CIVIL ACTION NUMBER. BUTLER IS GIVEN THIRTY (30) DAYS TO FILE AN AMENDED COMPLAINT IN THE EVENT HE CAN ALLEGE ADDITIONAL FACTS TO CURE THE DEFECTS IN THE CLAIMS THE COURT DISMISSED WITHOUT PREJUDICE. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT. THE TIME TO SERVE PROCESS UNDER FEDERAL RULE OF CIVIL PROCEDURE 4(M) IS EXTENDED TO THE DATE 90 DAYS AFTER THE COURT ISSUES SUMMONSES IN THIS CASE IF SUMMONSES ARE ISSUED.. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 2/15/2022. 2/15/2022 ENTERED AND COPIES NOT MAILED TO PRO SE.(sg)
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| Filing 6 MEMORANDUM AND/OR OPINION. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 2/15/2022. 2/15/2022 ENTERED AND COPIES NOT MAILED TO PRO SE.(sg) |
| Filing 5 Prisoner Trust Fund Account Statement by PATRICK BUTLER. (dt) (envelope attached) Modified on 1/19/2022 (dt). |
| Filing 4 PRO SE NOTICE RE:GUIDELINES (dt) |
| Filing 3 MOTION to Appoint Counsel and Summary Judgment filed by PATRICK BUTLER. (envelope attached).(dt, ). |
| Filing 2 COMPLAINT against ALL HOUSING UNIT OFFICERS WORKING AT LCJ CARRYING OUT THE DISCRIMINATION POLICY 2020-PRESENT, CITY OF ALLENTOWN, JANINE DONATE, LEHIGH COUNTY, LEHIGH COUNTY JAIL, DOUGLAS METTE, STEVEN MILLER, KYLE RUSSELL, MICHAEL SALTER, THE CITY COUNCIL OF ALLENTOWN, TOM WOLF, filed by PATRICK BUTLER.(ENVELOPE ATTACHED)(ifp pending)(dt, ) Modified on 1/19/2022 (dt). |
| Filing 1 MOTION for Leave to Proceed in forma pauperis filed by PATRICK BUTLER.. (dt, ) Envelope attached (dt). Modified on 1/19/2022 (dt). |
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