GARDNER v. WETZEL
| Anthony Gardner |
| Warden John Wetzel |
| 1:2018cv02285 |
| November 29, 2018 |
| US District Court for the Middle District of Pennsylvania |
| EBC |
| John E Jones |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 16 Waiver of Service forms (AO 398 and 399) Mailed to All Defendants. (Attachments: #1 Notice of Consent)(dmn) |
Filing 15
ORDER - DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND 399 WAIVERS FORMS. NOW THEREFORE, upon consideration of Plaintiffs Complaint (Doc. 1), accompanied by Applications for Leave to Proceed In Forma Pauperis (Docs. 8, 13) and Plaintiffs Certified Prisoner Trust Fund Account Statement (or institutional equivalent) (Doc. 14), it is hereby ORDERED that: 1. Plaintiffs Applications for Leave to Proceed In Forma Pauperis (Docs. 8,13) are GRANTED.2. Plaintiff shall pay the full filing fee of $350.00, based on the financial information provided in the Applications for Leave to Proceed In Forma Pauperis. The full filing fee shall be paid regardless of the outcome of the litigation. 3. Pursuant to 28 U.S.C. 1915(b)(1) and (2), the Superintendent/ Warden, or other appropriate official at Plaintiffs place of confinement is directed to deduct an initial partial filing fee of 20% of the greater of:(A) the average monthly deposits in the inmates prison account for the past six months, or for the past six months. The initial partial filing fee shall be forwarded to the Clerk of the United States District Court for the Middle District of Pennsylvania, P.O. Box 1148, Scranton, Pennsylvania, 18501-1148, to be credited to the above-captioned docket number. In each succeeding month, when the amount in Plaintiffs inmate trust fund account exceeds $10.00, the Superintendent/Warden, or other appropriate official, shall forward payments to the Clerk of Court equaling 20% of the preceding months income credited to Plaintiffs inmate trust fund account until the fees are paid. Each payment shall reference the above-captioned docket number. 4. The Clerk of Court is DIRECTED to send a copy of this Order to the Superintendent/Warden of the institution wherein Plaintiff is presently confined. 5. The Complaint is DEEMED filed. 6. In accordance with Federal Rule of Civil Procedure 4(c)(3), the Clerk of Court is directed to SERVE a copy of the Complaint (Doc. 1), notice of lawsuit and request to waive service of summons (form AO 398), waiver of the service of summons (form AO 399) and this Order on the named Defendant. In the interests of efficient administrative judicial economy, the Court requests that the Defendants waive service pursuant to Federal Rule of Civil Procedure 4(d). 7. If service is unable to be completed due to Plaintiffs failure to properly name the Defendant, or provide an accurate mailing address, Plaintiff will be required to correct this deficiency. Failure to comply may result in the dismissal of Plaintiffs claims against the Defendant pursuant to Federal Rule of Civil Procedure 4(m).Signed by Honorable John E. Jones, III on 1/14/19. (dmn)
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| Filing 14 Prisoner Trust Fund Account Statement by Anthony Gardner. (ep) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis by Anthony Gardner.(ep) |
| Filing 12 PRISONER AUTHORIZATION by Anthony Gardner allowing prison to submit copy of prisoner's trust fund account to the court, and approving the entire filing fee to be deducted from prisoner inmate account.. (ep) |
| Filing 11 THIRTY (30) DAY ADMINISTRATIVE ORDER directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed by LP on 12/04/2018. (Attachments: #1 IFP (civil rights), #2 Authorization Form)(lp) |
| Filing 10 STANDING PRACTICE ORDER informing the parties of their briefing and other responsibilities.Signed by Honorable John E. Jones, III on 11/29/18. (Attachments: #1 285 Service Packet with IFP Notice)(dmn) |
| Filing 9 PRO SE LETTER ISSUED w/ Notice & Consent Form. (Attachments: #1 Notice of Consent) (dmn) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis filed by Anthony Gardner.(dmn) |
| Filing 7 Case transferred electronically in from District of Pennsylvania Eastern; Case Number 2:18-cv-04431 containing electronic documents. Original file certified copy of transfer order and docket sheet received. |
| Original record transferred to the Middle District of Pennsylvania via interdistrict transfer system. (md) [Transferred from Pennsylvania Eastern on 11/29/2018.] |
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Filing 6
ORDER THAT THE CLERK OF COURT IS DIRECTED TO TRANSFER FORTHWITH THE ABOVE-CAPTIONED CASE TO THE U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA; THE MOTION TO PROCEED IN FORMA PAUPERIS SHALL BE LEFT TO THE DISCRETION OF THE TRANSFEREE COURT.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 11/27/18. 11/28/18 ENTERED AND COPIES MAILED TO PRO SE PLFF. (pr, ) [Transferred from Pennsylvania Eastern on 11/29/2018.]
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| Filing 5 Prisoner Trust Fund Account Statement by ANTHONY GARDNER, EXHIBIT (ENVELOPE ATTACHED) (rf, ) Modified on 11/27/2018 (rf, ). [Transferred from Pennsylvania Eastern on 11/29/2018.] |
| Filing 4 MOTION FOR APPLICATION TO PROCEED IN FORMA PAUPERIS, EXHIBITS, ENVELOPE ATTACHED filed by ANTHONY GARDNER.(rf, ) (Main Document 4 replaced on 11/26/2018) (rf, ). Modified on 11/27/2018 (rf, ). [Transferred from Pennsylvania Eastern on 11/29/2018.] |
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Filing 3
ORDER THAT IF PLFF. SEEKS TO PROCEED WITH THIS ACTION, HE MUST, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, EITHER SUBMIT $400 (THE $350 FILING FEE AND $50 ADMINISTRATIVE FEE) TO THE CLERK OF THE COURT, OR FILE A MOTION TO PROCEED IN FORMA PAUPERIS WITH A CERTIFIED COPY OF HIS PRISONER ACCOUNT STATEMENT. THE CLERK OF COURT SHALL FURNISH MR. GARDNER WITH A BLANK COPY OF THIS COURT'S CURRENT STANDARD PRISONER IN FORMA PAUPERIS FORM BEARING THE ABOVE CIVIL ACTION NUMBER.. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 10/22/18. 10/22/18 ENTERED AND COPIES MAILED TO PRO SE PLFF. WITH A BLANK COPY OF IFP APPLICATION FORM. (pr, ) [Transferred from Pennsylvania Eastern on 11/29/2018.]
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| Filing 2 PRO SE NOTICE RE:GUIDELINES (jwl, ) [Transferred from Pennsylvania Eastern on 11/29/2018.] |
| Filing 1 COMPLAINT (Lodged with Motion for IFP) against JOHN WETZEL, filed by ANTHONY GARDNER. NO FEE. NO IFP. (Attachments: #1 Envelope)(jwl, ) [Transferred from Pennsylvania Eastern on 11/29/2018.] Modified on 11/29/2018 (dmn). |
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| Defendant: Warden John Wetzel | |
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