BALZORA v. BALATGEK et al
| SANDRO BALZARO and SANDRO PATRICK BALZORA |
| OFFICER KALIA BALAGTEK, OFFICER TANNER, CITY OF ALLENTOWN POLICE DEPARTMENT, OFFICER KAILA BALATGEK and CITY OF ALLENTOWN |
| 5:2024cv00522 |
| February 2, 2024 |
| US District Court for the Eastern District of Pennsylvania |
| WENDY BEETLESTONE |
| Prisoner Petitions: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| doc 8 mailed to Pro Se (rf, ) |
Filing 8
ORDER THAT ALL FURTHER PROCEEDINGS IN THIS MATTER ARE STAYED UNTIL BALZORA INFORMS THIS COURT THAT HIS RELATED CRIMINAL PROCEEDING HAS BEEN RESOLVED IN ACCORDANCE WITH PARAGRAPH TWO (2) OF THIS ORDER. THE CLERK OF COURT IS DIRECTED TO PLACE A STAY FLAG ON THE DOCKET OF THIS CASE. IF HE SEEKS TO PURSUE HIS CLAIMS, BALZORA MUST NOTIFY THIS COURT WITHIN THIRTY (30) DAYS OF THE RESOLUTION OF HIS RELATED CRIMINAL CASE, COMMONWEALTH V. BALZORA, CP-39-CR-0000680-2024 (C.P. LEHIGH), THAT (A) THE PROCEEDING HAS BEEN RESOLVED; (B) HOW THE PROCEEDING RESOLVED; AND (C) WHETHER HE STILL INTENDS TO PURSUE THE CLAIMS IN THE INSTANT CASE. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN DISMISSAL OF THIS CASE. THE CLERK OF COURT IS DIRECTED NOT TO ISSUE SUMMONSES AT THIS TIME. THE TIME TO SERVE PROCESS UNDER FED. R. CIV. P. 4(M) IS HEREBY EXTENDED TO THE DATE 90 DAYS FOLLOWING THE ISSUANCE OF SUMMONSES BY THE CLERK OF COURT UPON FURTHER ORDER OF THE COURT. SIGNED BY DISTRICT JUDGE WENDY BEETLESTONE ON 3/28/24. 3/28/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va) Modified on 3/28/2024 (va).
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| Filing 7 AMENDED COMPLAINT against KAILA BALATGEK, OFFICER TANNER, filed by SANDRO BALZORA. (va) |
| COPY OF DOC. NOS. 5, 6 AND COMPLAINT FORMS HAVE BEEN MAILED TO PRO SE. (bw) |
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Filing 6
ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. 1915. SANDRO BALZORA, #01920074389, 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 CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE WARDEN OF LEHIGH COUNTY JAIL. THE COMPLAINT IS DEEMED FILED. FOR THE REASONS STATED IN THE COURTS MEMORANDUM, BALZORAS CLAIMS AGAINST THE CITY OF ALLENTOWN POLICE DEPARTMENT ARE DISMISSED WITH PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II). THE CLERK OF COURT IS DIRECTED TO TERMINATE THE CITY OF ALLENTOWN POLICE DEPARTMENT AS A DEFENDANT IN THIS CASE. FOR THE REASONS STATED IN THE COURTS MEMORANDUM, THE FOLLOWING CLAIMS ARE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II): (1) ALL FOURTH AMENDMENT CLAIMS RELATED TO BALZORAS ARREST AND DETENTION, OTHER THAN FOURTH AMENDMENT EXCESSIVE FORCE CLAIMS; AND (2) ALL CLAIMS OF DELIBERATE INDIFFERENCE TO HIS MEDICAL NEEDS. THE CLERK OF COURT IS DIRECTED TO SEND BALZORA A BLANK COPY OF THE COURTS STANDARD FORM COMPLAINT FOR PRISONERS TO USE TO FILE A COMPLAINT BEARING THE ABOVE CIVIL ACTION NUMBER. BALZORA IS GIVEN THIRTY (30) DAYS TO FILE AN AMENDED COMPLAINT, ETC. UPON THE FILING OF AN AMENDED COMPLAINT, THE CLERK SHALL NOT MAKE SERVICE UNTIL SO ORDERED BY THE COURT.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 2/13/24. 2/14/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va)
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| Filing 5 MEMORANDUM SIGNED BY HONORABLE WENDY BEETLESTONE ON 2/13/24. 2/14/24 ENTERED. PRO SE PLAINTIFF NOT MAILED. (va) |
| Copy of #6 Order Faxed to Lehigh County Prison Warden on 2/14/24. (va) |
| Filing 4 PRO SE NOTICE RE:GUIDELINES (MAILED TO PRO SE). (er) |
| Filing 3 Prisoner Trust Fund Account Statement by SANDRO BALZORA. (er) Modified on 2/6/2024 (md). |
| Filing 2 COMPLAINT against KAILA BALATGEK, CITY OF ALLENTOWN POLICE DEPARTMENT, OFFICER TANNER, filed by SANDRO BALZORA (ENVELOPE ATTACHED).(er) Modified on 2/6/2024 (md). |
| Filing 1 APPLICATION TO PROCEED IN FORMA PAUPERIS filed by SANDRO BALZORA. (ENVELOPE).(er) Modified on 2/6/2024 (md). |
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