MALDONADO v. FISCHER
| CHRISTOPHER MALDONADO |
| MICHAEL FISCHER |
| 5:2022cv03823 |
| September 22, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| EDUARDO C ROBRENO |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on November 18, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| COPY OF DOC. NO. 12 HAS BEEN MAILED TO PRO SE. (bw) |
Filing 12
ORDER DENYING AS MOOT #9 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS; DENYING WITHOUT PREJUDICE #10 #11 MOTIONS TO APPOINT COUNSEL. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 11/17/22. 11/18/22 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va)
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| Filing 11 MOTION FOR APPOINTMENT OF COUNSEL filed by CHRISTOPHER MALDONADO. BRIEF, Envelope. (va) Modified on 11/17/2022 (tjd). Modified on 11/17/2022 (tjd). |
| Filing 10 MOTION TO APPOINT COUNSEL, filed by CHRISTOPHER MALDONADO. Envelope. (va) |
| Filing 9 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS filed by CHRISTOPHER MALDONADO.(jaa, ) |
| Filing 8 Summons Issued as to MICHAEL FISCHER. EMAILED To: U.S. MARSHALS on 10/6/22. (jaa, ) |
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Filing 7
ORDERED THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. 2. CHRISTOPHER MALDONADO, #03-0234, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. 1915(B), REGARDLESS OF THE OUTCOME OF THIS CASE. THE COURT DIRECTS THE WARDEN OF LANCASTER COUNTY PRISON OR OTHER APPROPRIATE OFFICIAL TO ASSESS AN INITIAL FILING FEE OF 20% OF THE GREATER OF (A) THE AVERAGE MONTHLY DEPOSITS TO MALDONADOS INMATE ACCOUNT; OR (B) THE AVERAGE MONTHLY BALANCE IN MALDONADOS INMATE ACCOUNT FOR THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE FILING OF THIS CASE. THE WARDEN OR OTHER APPROPRIATE OFFICIAL SHALL CALCULATE, COLLECT, AND FORWARD THE INITIAL PAYMENT ASSESSED PURSUANT TO THIS ORDER TO THE COURT WITH A REFERENCE TO THE DOCKET NUMBER FOR THIS CASE. IN EACH SUCCEEDING MONTH WHEN THE AMOUNT IN MALDONADOS INMATE TRUST FUND ACCOUNT EXCEEDS $10.00, THE WARDEN OR OTHER APPROPRIATE OFFICIAL SHALL FORWARD PAYMENTS TO THE CLERK OF COURT EQUALING 20% OF THE PRECEDING MONTHS INCOME CREDITED TO MALDONADOS INMATE ACCOUNT UNTIL THE FEES ARE PAID. EACH PAYMENT SHALL REFER TO THE DOCKET NUMBER FOR THIS CASE. 3. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF LANCASTER COUNTY PRISON. 4. THE COMPLAINT IS DEEMED FILED. 5. MALDONADOS OFFICIAL CAPACITY CLAIMS AGAINST DEFENDANT MICHAEL FISCHER ARE DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM, PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II), BUT MALDONADO MAY PROCEED AT THIS TIME AGAINST DEFENDANT FISCHER IN HIS INDIVIDUAL CAPACITY.2 6. THE CLERK OF COURT SHALL ISSUE SUMMONSES. SERVICE OF THE SUMMONSES AND THE COMPLAINT SHALL BE MADE UPON THE DEFENDANT BY THE U.S. MARSHALS SERVICE. MALDONADO WILL BE REQUIRED TO COMPLETE USM-285 FORMS SO THAT THE MARSHALS CAN SERVE THE DEFENDANT. FAILURE TO COMPLETE THOSE FORMS MAY RESULT IN DISMISSAL OF THIS CASE. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 10/6/22.10/6/22 ENTERED AND COPIES E-MAILED TO THE WARDEN LANCASTER COUNTY PRISON. *NOT MAILED TO PLAINTIFF. (jaa, )
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| PAPER #7 MAILED TO PRO SE (JL) |
| Filing 6 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS filed by CHRISTOPHER MALDONADO.(jaa, ) |
| Filing 5 Prisoner Trust Fund Account Statement by CHRISTOPHER MALDONADO. (jaa, ) |
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Filing 4
ORDERED THAT MALDONADOS MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS DENIED WITHOUT PREJUDICE AS INCOMPLETE BECAUSE IT DOES NOT INCLUDE A CERTIFIED COPY OF HIS PRISONER ACCOUNT STATEMENT FOR THE ENTIRE SIX-MONTH PERIOD PRIOR TO THE FILING OF THIS CIVIL ACTION ON SEPTEMBER 22, 2022, AS REQUIRED BY 28 U.S.C. 1915(A)(2). 2. IF MALDONADO SEEKS TO PROCEED IN FORMA PAUPERIS, HE SHALL, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, FILE A MOTION TO PROCEED IN FORMA PAUPERIS WITH A CERTIFIED COPY OF HIS PRISONER ACCOUNT STATEMENT SHOWING ALL DEPOSITS, WITHDRAWALS, AND A CURRENT BALANCE, FROM ANY CORRECTIONAL FACILITY IN WHICH HE WAS CONFINED DURING THE TIME PERIOD FROM MARCH 22, 2022 THROUGH SEPTEMBER 22, 2022. ALTERNATIVELY, MALDONADO CAN PROCEED BY SUBMITTING $402 (COMPRISING THE $350 FILING FEE AND $52 ADMINISTRATIVE FEE) TO THE CLERK OF COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER. 3. THE CLERK OF COURT IS DIRECTED TO SEND TO MALDONADO A BLANK COPY OF THIS COURTS CURRENT STANDARD PRISONER IN FORMA PAUPERIS FORM BEARING THE ABOVE CIVIL ACTION NUMBER.2 MALDONADO MAY USE THIS FORM TO SEEK LEAVE TO PROCEED IN FORMA PAUPERIS IF HE CANNOT AFFORD TO PAY THE FEES TO COMMENCE THIS CASE. 4. IN LIGHT OF MALDONADOS REPRESENTATION THAT HE IS EXPERIENCING DIFFICULTY OBTAINING A COPY OF HIS PRISONER ACCOUNT STATEMENT, HE MAY PRESENT THIS ORDER TO AN APPROPRIATE PRISON OFFICIAL, WHO SHALL PROMPTLY SUPPLY HIM WITH A CERTIFIED COPY OF HIS PRISONER ACCOUNT STATEMENT FOR THE TIME PERIOD SET FORTH IN THIS ORDER. IF MALDONADO CANNOT OBTAIN THE NECESSARY RECORDS BUT STILL SEEKS TO PROCEED WITH THIS CASE, HE SHOULD FILE AN AFFIDAVIT WITH THE COURT ATTESTING TO THE ADDITIONAL STEPS HE TOOK AFTER RECEIPT OF THIS ORDER TO OBTAIN THE ACCOUNT STATEMENT AS REQUIRED BY 28 U.S.C. 1915(A)(2), WHICH THE COURT WILL CONSIDER AS PART OF MALDONADOS APPLICATION TO PROCEED IN FORMA PAUPERIS. 5. IF MALDONADO IS ULTIMATELY GRANTED LEAVE TO PROCEED IN FORMA PAUPERIS, HE WILL BE OBLIGATED TO PAY THE $350.00 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. 6. IF MALDONADO FAILS TO COMPLY WITH THIS ORDER, HIS CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 9/29/22.9/29/22 ENTERED AND COPIE NOT MAILED TO PLAINTIFF.(jaa, )
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| DOC. 4 MAILED TO PRO SE WITH IFP FORM. (sg) |
| DOC 3 MAILED TO PRO SE (rf, ) |
| Filing 3 PRO SE NOTICE RE:GUIDELINES (er) |
| Filing 2 MOTION FOR IN FORMA PAUPERIS filed by CHRISTOPHER MALDONADO. (er) Modified on 9/27/2022 (er). |
| Filing 1 COMPLAINT against MICHAEL FISCHER, filed by CHRISTOPHER MALDONADO (IFP PENDING).(er) Modified on 9/27/2022 (er). |
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| Plaintiff: CHRISTOPHER MALDONADO | |
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| Defendant: MICHAEL FISCHER | |
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