Diaz v. Curcillo et al
| Eric Diaz |
| Dauphin County Work Release Center, Wendy J.F. Grella, Jeena M. Riaz, Douglas Lauver, Dauphin County District Attorney's Office, Francis T. Chardo, Matthew Miller, Dauphin County Adult Probation/Parole Dept., Clari Martin, Edward M. Marsico, Jr., Ryan H. Lysaght, Daupin County Information Technology Dept., Jennifer W. Gettle, Krissy Litzenberger, Dauphin County DA's Office Criminal Investigation Div., Dauphin County, Pennsylvania, Deborah E. Curcillo, Chadwick Libby, Clair Martin and Dauphin County Information Technology Dept. |
| 1:2019cv00718 |
| April 29, 2019 |
| US District Court for the Middle District of Pennsylvania |
| William I Arbuckle |
| Sylvia H Rambo |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Receipt of payment from ERIC DIAZ in the amount of $69.22 for PLRA CIVIL FILING FEE. Transaction posted on 5/21/2021. Receipt number 333076435 processed by aoswald. (jjs) |
| Receipt of payment from ERIC DIAZ in the amount of $43.82 for PLRA CIVIL FILING FEE. Transaction posted on 4/12/2021. Receipt number 333075856 processed by smurphy. (jjs) |
| Receipt of payment from ERIC DIAZ in the amount of $76.81 for PLRA CIVIL FILING FEE. Transaction posted on 3/10/2021. Receipt number 333075384 processed by gangeli. (jjs) |
| Receipt of payment from ERIC DIAZ in the amount of $4.00 for PLRA CIVIL FILING FEE. Transaction posted on 2/8/2021. Receipt number 333074894 processed by smurphy. (jjs) |
| Receipt of payment from ERIC DIAZ in the amount of $10.01 for PLRA CIVIL FILING FEE. Transaction posted on 1/19/2021. Receipt number 333074592 processed by epetrosk. (jjs) |
| Receipt of payment from ERIC DIAZ in the amount of $69.01 for PLRA CIVIL FILING FEE. Transaction posted on 11/10/2020. Receipt number 111026244 processed by bdanilow. (jjs) |
| Receipt of payment from ERIC DIAZ in the amount of $4.00 for PLRA CIVIL FILING FEE. Transaction posted on 10/21/2020. Receipt number 333073477 processed by smurphy. (jjs) |
| Filing 34 Certified Prisoner Trust Fund Account Statement for Eric Diaz. (ao) |
| Filing 33 Letter dtd 9/16/20 from Dauphin County Prison RE: Eric Diaz's inmate account info. (ao) |
| Receipt of payment from ERIC DIAZ in the amount of $2.60 for PLRA CIVIL FILING FEE. Transaction posted on 9/21/2020. Receipt number 333073074 processed by gangeli. (jjs) |
| Receipt of payment from ERIC DIAZ in the amount of $40.53 for PLRA CIVIL FILING FEE. Transaction posted on 8/28/2020. Receipt number 333072736 processed by gangeli. (jjs) |
| Filing 32 Prisoner Trust Fund Account Statement for Eric Diaz. (ao) |
| Receipt of payment from ERIC DIAZ in the amount of $20.00 for PLRA CIVIL FILING FEE. Transaction posted on 7/10/2020. Receipt number 333072084 processed by gangeli. (jjs) |
| Filing 31 Letter dtd 7/7/20 from Dauphin County Prison enclosing partial filing fee and account statement. (ao) |
| Receipt of payment from ERIC DIAZ in the amount of $10.00 for PLRA CIVIL FILING FEE. Transaction posted on 4/7/2020. Receipt number 333070812 processed by gangeli. (tp) |
| Filing 30 Letter dtd 4/1/20 from Dauphin County Prison RE: filing fee for Eric Diaz. (ao) |
Filing 29
ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS ORDERED that the #22 Report and Recommendation is ADOPTED. The amd cmpt is DISMISSED without further leave to amend. Pltf's #14 Motion to Stay is DISMISSED AS MOOT. Dft's #25 #19 Motions to Dismiss are DISMISSED AS MOOT. The Clerk is directed to CLOSE this case. Signed by Honorable Sylvia H. Rambo on 11/5/2019. See order.(sc)
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| Filing 28 Letter dtd 10/24/19 from Eric Diaz requesting copy of Amended Complaint filed on or about 8/21/19. (ao) |
| Filing 27 WITHDRAWAL OF ATTORNEY APPEARANCE - on behalf of Dauphin County District Attorney's Office, Jennifer W. Gettle, Ryan H. Lysaght, Francis T. Chardo, Edward M. Marsico, Jr., Douglas Lauver, Chadwick Libby, Krissy Litzenberger, Matthew Miller, Dauphin County DA's Office Criminal Investigation Division, Clair Martin, Information Technology Department, Jeena M. Riaz, Dauphin County. (Murren, Brian) |
| DOCKET ANNOTATION: Document 27 deleted due to clerical error. (aaa) |
| Filing 26 BRIEF IN SUPPORT re #25 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Francis T. Chardo, Dauphin County DA's Office Criminal Investigation Div., Dauphin County District Attorney's Office, Dauphin County Information Technology Dept., Dauphin County, Pennsylvania, Jennifer W. Gettle, Douglas Lauver, Chadwick Libby, Krissy Litzenberger, Ryan H. Lysaght, Edward M. Marsico, Jr, Clair Martin, Matthew Miller, Jeena M. Riaz.(Murren, Brian) |
| Filing 25 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Francis T. Chardo, Dauphin County DA's Office Criminal Investigation Div., Dauphin County District Attorney's Office, Dauphin County Information Technology Dept., Dauphin County, Pennsylvania, Jennifer W. Gettle, Douglas Lauver, Chadwick Libby, Krissy Litzenberger, Ryan H. Lysaght, Edward M. Marsico, Jr, Clair Martin, Matthew Miller, Jeena M. Riaz. (Attachments: #1 Exhibit(s) 1 - Common Pleas Complaint, #2 Exhibit(s) 2 - Docket CP-22-CR-0003178-2017, #3 Exhibit(s) 3 - Docket 1286 MDA 2018, #4 Proposed Order re Motion to Dismiss Plaintiff's Amended Complaint)(Murren, Brian) |
| Filing 24 NOTICE of Appearance by Brian J. Murren on behalf of Francis T. Chardo, Dauphin County DA's Office Criminal Investigation Div., Dauphin County District Attorney's Office, Dauphin County Information Technology Dept., Dauphin County, Pennsylvania, Jennifer W. Gettle, Douglas Lauver, Chadwick Libby, Krissy Litzenberger, Ryan H. Lysaght, Edward M. Marsico, Jr, Clair Martin, Matthew Miller, Jeena M. Riaz (Murren, Brian) |
| Filing 23 NOTICE of Appearance by Donald L. Carmelite on behalf of Francis T. Chardo, Dauphin County DA's Office Criminal Investigation Div., Dauphin County District Attorney's Office, Dauphin County Information Technology Dept., Dauphin County, Pennsylvania, Jennifer W. Gettle, Douglas Lauver, Chadwick Libby, Krissy Litzenberger, Ryan H. Lysaght, Edward M. Marsico, Jr, Clair Martin, Matthew Miller, Jeena M. Riaz (Carmelite, Donald) |
| Filing 22 REPORT AND RECOMMENDATION - re #18 Amended Complaint, #14 MOTION to Stay, #19 MOTION to Dismiss Amended Complaint. Objections to R&R due by 10/1/2019. Signed by Magistrate Judge William I. Arbuckle on 9/17/19. (lg) |
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Filing 21
ORDER - #16 Motion to Dismiss is dismissed as moot. Signed by Magistrate Judge William I. Arbuckle on 9/17/19 (lg)
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VERBAL ORDER by Chief Judge Christopher C. Conner - Case Reassigned to Honorable Sylvia H. Rambo and referred to Magistrate Judge William I. Arbuckle for report and recommendation. (jw)
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| Filing 20 BRIEF IN SUPPORT re #19 MOTION to Dismiss Plaintiff's Amended Complaint filed by Deborah E. Curcillo, Dauphin County Adult Probation/Parole Dept., Dauphin County Work Release Center, Douglas Lauver, Chadwick Libby, Krissy Litzenberger, Matthew Miller.(Gale, Martha) |
| Filing 19 MOTION to Dismiss Plaintiff's Amended Complaint by Deborah E. Curcillo, Dauphin County Adult Probation/Parole Dept., Dauphin County Work Release Center, Douglas Lauver, Chadwick Libby, Krissy Litzenberger, Matthew Miller. (Attachments: #1 Proposed Order)(Gale, Martha) |
| Filing 18 AMENDED COMPLAINT against All Defendants, filed by Eric Diaz.(ao) |
| Filing 17 BRIEF IN SUPPORT re #16 MOTION to Dismiss Plaintiff's Complaint filed by Deborah E. Curcillo, Dauphin County Adult Probation/Parole Dept., Dauphin County Work Release Center, Douglas Lauver, Chadwick Libby, Krissy Litzenberger, Matthew Miller.(Gale, Martha) |
| Filing 16 MOTION to Dismiss Plaintiff's Complaint by Deborah E. Curcillo, Dauphin County Adult Probation/Parole Dept., Dauphin County Work Release Center, Douglas Lauver, Chadwick Libby, Krissy Litzenberger, Matthew Miller. (Attachments: #1 Proposed Order, #2 Exhibit(s))(Gale, Martha) |
| Filing 15 BRIEF IN SUPPORT re #14 MOTION for Supersedeas (Stay all proceedings) filed by Eric Diaz.(ao) |
| Filing 14 MOTION for Supersedeas (Stay all proceedings) by Eric Diaz.(ao) |
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Filing 13
ORDER - IT IS HEREBY ORDERED THAT: (1) Plaintiff Diaz's Motion #10 for Appointment of Counsel is DENIED. (2) If further proceedings demonstrate the need for counsel, the matter will be reconsidered either sua sponte or upon motion of any party. Signed by Magistrate Judge William I. Arbuckle on 7/24/19. (rw)
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Filing 12
ORDER - IT IS HEREBY ORDERED that 1. Plaintiffs First Application #2 for Leave to Proceed In Forma Pauperis is DENIED as MOOT. 2. Plaintiffs Application #7 for Leave to Proceed In Forma Pauperis is GRANTED. 3. Plaintiff shall pay the full filing fee of $350.00, based on the financial information provided in the Application to Proceed In Forma Pauperis. The full filing fee shall be paid regardless of the outcome of the litigation...5. The Clerk of Court is DIRECTED to send a copy of this Order to the Warden of the institution wherein Plaintiff is presently confined. 6. The Complaint is DEEMED filed. 7. Plaintiffs Motion #11 for Leave to File an Amended Complaint is GRANTED. Plaintiff shall file his Amended Complaint on or before August 23, 2019. 8. Upon receipt of Plaintiffs Amended Complaint, the Court shall conduct a preliminary review pursuant to 28 U.S.C. 1915(e)(2). Signed by Magistrate Judge William I. Arbuckle on 7/23/19. (rw)
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| Filing 11 MOTION to Amend #1 Complaint by Eric Diaz.(ao) M |
| Filing 10 MOTION to Appoint Counsel by Eric Diaz.(ao) |
| Filing 9 U.S. MARSHAL - 285 Service Forms Completed by Plaintiff. (ao) |
| Filing 8 Prisoner Trust Fund Account Statement by Eric Diaz. (ao) |
| Filing 7 MOTION (Application) for Leave to Proceed in forma pauperis by Eric Diaz.(ao) |
| Filing 6 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 04/30/2019. (Attachments: #1 IFP (civil rights))(lp) |
| Filing 5 STANDING PRACTICE ORDER (Attachments: #1 285 Service Packet with IFP Notice)(aaa) |
| Filing 4 PRO SE LETTER ISSUED w/ Notice & Consent Form. (aaa) |
| DOCKET ANNOTATION: Original paperwork forwarded by Scranton Clerk's Office. (aaa) |
| Filing 3 PRISONER AUTHORIZATION by Eric Diaz 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. (aaa) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Eric Diaz. (Attachments: #1 Supplement)(aaa) |
| Filing 1 COMPLAINT against All Defendants lodged pending the disposition of the Motion to Proceed In Forma Pauperis, filed by Eric Diaz.(aaa) |
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