Allam, Sr. v. McGinley et al
| Andrew Allam, Sr. |
| Superintendent McGinley, SCI-Coal Township, SCI-Coal Township Security, George Little, CO III Drucis, C.O. III Neitz, C.O. II Cohoon and C.O. II Gordner |
| 1:2020cv00933 |
| June 9, 2020 |
| US District Court for the Middle District of Pennsylvania |
| Matthew W Brann |
| Susan E Schwab |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Receipt of payment from ANDREW ALLAM SR in the amount of $24.00 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 11/9/2023. Receipt number 333107095 processed by CP. (jjs) |
| Receipt of payment from ANDREW ALLAM SR in the amount of $36.80 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 10/10/2023. Receipt number 333106649 processed by EP. (jjs) |
| Receipt of payment from ANDREW ALLAM SR in the amount of $24.80 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 9/8/2023. Receipt number 333106240 processed by AO. (jjs) |
| Receipt of payment from ANDREW ALLAM SR in the amount of $32.00 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 8/4/2023. Receipt number 333105789 processed by EP. (tp) |
| Receipt of payment from ANDREW ALLAM SR in the amount of $36.11 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 7/11/2023. Receipt number 333105445 processed by AO. (jjs) |
Filing 53
ORDER - Pltf's mtn to enforce settlement agreement #51 is deemed withdrawn. Signed by Magistrate Judge Susan E. Schwab on 6/9/23. (ma)
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| Filing 52 Letter from Karen M. Romano in response to Mr. Allam's Motion to Enforce Settlement. (Romano, Karen) |
| Filing 51 MOTION to Enforce Settlement filed by Andrew Allam, Sr.(aaa) |
| Filing 50 NOTICE of Change of Address dtd 8/10/22 by Andrew Allam, Sr. to SCI-Camp Hill. (ao) |
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Filing 49
ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Chief Judge Matthew W. Brann on 7/1/2022. (jr)
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Filing 48
ORDER re: pltf's motion #46 to show cause & deft cnsl's letter #47 - Parties to submit joint report re: status of settlement negotiations to Chambers email by 6/30/2022. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 6/8/22. (ki)
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| Filing 47 RESPONSE by George Little, Superintendent McGinley to #46 MOTION for Order to Show Cause . (Boland, Nicole) |
| Filing 46 MOTION for Order to Show Cause by Andrew Allam, Sr.(pjr) |
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Filing 45
ORDER directing that parties shall have 60 days to engage in settlement negotiations w/ pltf to submit settlement demand letter to cnsl for defts & deft cnsl to submit response to the demand to pltf, & parties to submit joint letter to the undersigned, by 5/27/22, at Chambers e-mail address, advising of results of their negotiations & whether they wish to engage in mediation; Parties reminded the parties of confidentiality of all discussions re: settlement. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 4/26/22. (ki)
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Filing 43
SCHEDULING ORDER Setting Telephonic Case Management Conference for 4/25/2022 @ 01:30 PM before Magistrate Judge Susan E. Schwab - Counsel for defendants shall initiate the call to Chambers. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 4/1/22. (ki)
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Filing 42
ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that #38 Magistrate Judge Schwab's Report and Recommendation is adopted; #34 Allam's Motion for Preliminary Injunction is denied. Signed by Chief Judge Matthew W. Brann on 3/31/2022. (lg)
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Filing 41
ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that #37 Magistrate Judge Schwab's Report and Recommendation is adopted; George Little, Acting Secretary of the PA Department of Corrections is substituted for Defendant Wetzel; #27 Defendants' Motion to Dismiss for Failure to State a Claim is granted in part and denied in part; motion is granted as it relates to Defendant Cohoon, Drucis, Gordne, Neitz and SCI Coal Twp Security Office; motion is denied as it relates to Defendants Little and McGinley; case is referred back to Magistrate Judge Schwab for further proceedings. Signed by Chief Judge Matthew W. Brann on 3/31/2022. (lg)
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| CASE REFERRED to Magistrate Judge Susan E. Schwab. (lg) |
| Filing 40 BRIEF IN SUPPORT of Objections to R&R re #37 REPORT AND RECOMMENDATIONS re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gordner, Drucis, Superintendent McGinley, SCI-Coal Township Security, Cohoon, John Wetzel, Neitz, #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cohoon, Drucis, Gordner, Superintendent McGinley, Neitz, SCI-Coal Township Security, John Wetzel.(Boland, Nicole) |
| Filing 39 OBJECTION to #37 Report and Recommendations . (Boland, Nicole) |
| Filing 38 REPORT AND RECOMMENDATION re Motion #34 for Preliminary Injunction - It is recommended that the court deny Allams motion #34 for a preliminary injunction. (See R&R for complete details.) Objections to R&R due by 3/11/2022 Signed by Magistrate Judge Susan E. Schwab on 2/25/22. (ki) |
| Filing 37 REPORT AND RECOMMENDATION re: Motion #27 to Dismiss Amended Complaint - We recommend denying the motion #27 to dismiss Allams amended complaint in part as it relates to Little and McGinley; we recommend granting the motion to dismiss as it relates to Cohoon, Gordner, Wetzel, Neitz, and the Security Office. (See R&R for complete details.)Objections to R&R due by 3/11/2022 Signed by Magistrate Judge Susan E. Schwab on 2/25/22. (ki) |
| Filing 36 BRIEF IN OPPOSITION re #34 MOTION for Preliminary Injunction filed by Cohoon, Drucis, Gordner, Superintendent McGinley, Neitz, SCI-Coal Township Security, John Wetzel.(Boland, Nicole) |
| Filing 35 BRIEF IN SUPPORT re #34 MOTION for Preliminary Injunction filed by Andrew Allam, Sr.(lg) |
| Filing 34 MOTION for Injunction by Andrew Allam, Sr..(ao) |
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Filing 33
ORDER deeming pltf's motion #31 for injunction WITHDRAWN. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 10/7/21. (ki)
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| Filing 32 Mail Returned (Doc #29) as Undeliverable - confirmed address with today's filing from Allam. Order remailed this date. (lg) |
| Filing 31 DEEMED WITHDRAWN (per 10/7/21 ORDER #33 of court) M -OTION for Injunction by Andrew Allam, Sr.(lg) Modified on 10/7/2021 (ki). |
| DOCKET ANNOTATION: Doc. 31 deleted - clerical error. (pjr) |
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Filing 30
ORDER denying pltf's motion #26 for appt of cnsl & for discovery. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 9/9/21. (ki)
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Filing 29
ORDER directing pltf to file a br in opp to defts' MTD #27 by 9/13/2021. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 9/2/21. (ki)
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| Filing 28 BRIEF IN SUPPORT re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cohoon, Drucis, Gordner, Superintendent McGinley, Neitz, SCI-Coal Township Security, John Wetzel.(Boland, Nicole) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Cohoon, Drucis, Gordner, Superintendent McGinley, Neitz, SCI-Coal Township Security, John Wetzel. (Attachments: #1 Proposed Order)(Boland, Nicole) |
| Filing 26 MOTION to Appoint Counsel, MOTION for Discovery by Andrew Allam, Sr.(ao) |
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Filing 25
ORDER deeming withdrawn #22 Motion for Recusal. (eo)
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| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Matthew W. Brann and referred to Magistrate Judge Susan E. Schwab as one or more parties have not consented to the jurisdiction of a U.S. Magistrate Judge. (jkc) |
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Filing 24
ORDER granting defts' motion #23 for ext of time to file responsive pleading until 8/16/21. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 7/13/21. (ki)
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| Filing 23 First MOTION for Extension of Time to to File Responsive Pleading by Cohoon, Drucis, Gordner, Superintendent McGinley, Neitz, SCI-Coal Township, SCI-Coal Township Security, John Wetzel. (Attachments: #1 Proposed Order)(Boland, Nicole) |
| Filing 22 MOTION for Recusal filed by Andrew Allam, Sr.. (ibr) |
| Filing 21 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to All Parties YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU ARE NOT AN ECF REGISTERED USER, THEN MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 7/23/2021 (ki) |
| Filing 20 WAIVER OF SERVICE Returned by John Wetzel, SCI-Coal Township Security, Superintendent McGinley, Drucis, Neitz, Cohoon, Gordner. (Boland, Nicole) |
| Filing 19 NOTICE of Appearance by Nicole J. Boland on behalf of Cohoon, Drucis, Gordner, Superintendent McGinley, Neitz, SCI-Coal Township Security, John Wetzel (Boland, Nicole) |
| Filing 18 Waiver of Service Forms (AO 398 and 399) with amended complaint Mailed to defts Cohoon, Drucis, Gordner, Superintendent McGinley, Neitz, SCI-Coal Township Security, John Wetzel; cc to PA Atty General. Waiver of Service due by 6/16/2021. (Attachments: #1 Mailing Labels)(ki) |
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Filing 17
ORDER DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND 399 WAIVERS FORMS to defendants. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 5/17/21. (ki)
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| Receipt of payment from ANDREW ALLAM SR in the amount of $8.06 for PLRA CIVIL FILING FEE. Transaction posted on 3/1/2021. Receipt number 333075205 processed by smurphy. (jjs) |
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Filing 16
ORDER re: #14 Motion for Extension of Time to Amend - Allam has since timely filed his amended complaint. Doc. #15 . Thus, because Allam timely filed his amended complaint, Allams motion for an extension of time is DENIED AS MOOT. Signed by Magistrate Judge Susan E. Schwab on February 24, 2021 (kjn)
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| Filing 15 AMENDED COMPLAINT against Superintendent McGinley, SCI-Coal Township Security, John Wetzel, Drucis, Neitz, Cohoon, Gordner, filed by Andrew Allam, Sr..(pjr) |
| Filing 14 MOTION for Extension of Time to Amend #1 Complaint (Lodged with Motion for IFP) filed by Andrew Allam, Sr.(pjr) |
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Filing 13
ORDER GRANTING pltf leave to file an amended complaint w/in 28 days of the date of this Order. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 1/26/21. (ki)
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Filing 12
ORDER granting pltf's app to proceed IFP #6 , directing pltf to pay full filing fee, directing warden @ place of confinement to make deductions for same, directing Clrk of Ct to send copy of this order to warden @ institution where pltf is confined, deeming complaint filed & noting that the undersigned magistrate judge will conduct a preliminary review of pltf's complaint. (See order for complete details.) Signed by Magistrate Judge Susan E. Schwab on 1/25/21. (ki)
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| Filing 11 Certified Prisoner Trust Fund Account Statement for Andrew Allam, Sr.. (ao) |
| Filing 10 FIFTEEN (15) DAY ADMINISTRATIVE ORDER - Within 15 days of the date of this Order, the Warden or other appropriate official of the institution at which Plaintiff is currently incarcerated is directed to provide to the Court, under oath, or declare under penalty of perjury, a statement of the current balance in the Plaintiffs account and a record of the transactions in his account that have occurred with the preceding six (6) months. Order sent to Superintendent and plaintiff. Signed by LP on 01/05/2021. (lp) |
| Filing 9 AO398 and AO399 for Lt. Drucas (additional deft. wanted added) by Andrew Allam, Sr.. #8 Request. (ga) |
| Filing 8 REQUEST To Add An Additional Defendant (Lt. Drucas) by Andrew Allam, Sr.. (ga) |
| Filing 7 Supplement by Andrew Allam, Sr. to #1 Complaint. (ao) |
| Filing 6 MOTION (Application) for Leave to Proceed in forma pauperis by Andrew Allam, Sr..(ao) |
| Filing 5 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 06/09/2020. (Attachments: #1 IFP (civil rights))(lp) |
| Filing 4 PRO SE LETTER ISSUED w/ Notice & Consent Form. (Attachments: #1 New Prisoner Instructions, #2 Federal and Local Rules, #3 398 Form, #4 399 Form) (lp) |
| Filing 3 AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff. (lp) |
| Filing 2 Obsolete Application to proceed in forma pauperis and old authorization form.. (lp) |
| Filing 1 COMPLAINT against All Defendants lodged pending the disposition of the Motion to Proceed In Forma Pauperis, filed by Andrew Allam, Sr..(lp) |
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