Alford v. Hodle et al
| Craig Alford |
| Garry Hodle, Monroe County Jail, Mail Clerk, Patty Manfre, Sgt Verra and Lea Baylor |
| 1:2020cv01427 |
| August 12, 2020 |
| US District Court for the Middle District of Pennsylvania |
| EBC |
| John E Jones |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 26 AMENDED COMPLAINT against Garry Hodle, Lea Baylor, Patty Manfre, and Sgt Verra, filed by Craig Alford. (kpf) |
| Filing 25 MOTION for Injunction - Tampering with Federally Protected Mail by Craig Alford. (kpf) |
| Filing 24 Letter from Mr. Alford RE: CO Murray not wearing his mask. (kpf) |
Filing 23
ORDER 1. Plaintiffs Applications for Leave to Proceed In Forma Pauperis (Docs.2, 7) are GRANTED.2. Plaintiff shall PAY the full filing fee of $350.00, based on the financialinformation provided in the Application for Leave to Proceed In FormaPauperis. The full filing fee shall be paid regardless of the outcome ofthe litigation.3. Pursuant to 28 U.S.C. 1915(b)(1) and (2), theSuperintendent/Warden, or other appropriate official at Plaintiffs placeof confinement is directed to DEDUCT an initial partial filing fee of20% of the greater of:(A) the average monthly deposits in the inmates prison accountfor the past six months, or(B) the average monthly balance in the inmates prison accountfor the past six months.The initial partial filing fee shall be forwarded to the Clerk of the UnitedStates District Court for the Middle District of Pennsylvania, P.O. Box1148, Scranton, Pennsylvania, 18501-1148, to be credited to the abovecaptioneddocket number. In each succeeding month, when the amountin Plaintiffs inmate trust fund account exceeds $10.00, theSuperintendent/Warden, or other appropriate official, shall forwardpayments to the Clerk of Court equaling 20% of the preceding monthsincome credited to Plaintiffs inmate trust fund account until the feesare paid. Each payment shall reference the above-captioned docketnumber.4. The Clerk of Court is directed to FORWARD a copy of this Order tothe Superintendent/Warden of the institution at which Plaintiff ispresently confined.5. The Complaint is DEEMED filed.6. The Monroe County Jail is DISMISSED pursuant to 28 U.S.C.1915(e)(2)(B)(ii).1 To state a claim under 42 U.S.C. 1983, theplaintiff must allege the violation of a right secured by theConstitution and laws of the United States, and must show that thealleged deprivation was committed by a person acting under color ofstate law. West v. Atkins, 487 U.S. 42, 48 (1988). It is well-settled thatneither a state nor its agencies, are considered a person as that termis defined under 1983 and, therefore, not subject to a 1983 suit.Hafer v. Melo, 502 U.S. 21, 25-27 (1991).7. The Clerk of Court is directed to TERMINATE the Monroe CountyJail as a named Defendant. 8. Plaintiffs motions (Docs. 6, 9, 16) to amend or supplement thecomplaint are GRANTED to the extent that Plaintiff will be affordedthe opportunity to file an amended complaint.9. Plaintiff shall FILE an amended complaint on or before October 9,2020.10. The Clerk of Court is directed to FORWARD to Plaintiff the CourtsPrisoner Civil Rights Complaint form.11. The Amended Complaint shall contain the same case number that isalready assigned to this action, 1:20-cv-1427, and shall be direct,concise, and shall stand alone without reference to any otherdocument filed in this matter. See FED. R. CIV. P. 8(e).12. Plaintiff is strictly cautioned that the inclusion of separate, unrelatedclaims will be considered a failure to comply with an Order of Court.13. Failure to file an amended complaint within the time period set forthabove will result in the matter proceeding on the original complaint14. Defendants motion (Doc. 12) to dismiss is DENIED withoutprejudice. In the event that Plaintiff fails to file an amendedcomplaint, the motion to dismiss will be reinstated. (eo)
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| Filing 22 AFFIDAVIT filed by Craig Alford of Affiant Howard S. Wolfe. (kpf) |
| Filing 21 Defendant Lisa Cho Counselor's Duties by Craig Alford. (kpf) |
| Filing 20 BRIEF IN OPPOSITION re #12 MOTION to Dismiss Case as Frivolous filed by Craig Alford. (kpf) |
| Filing 19 BRIEF IN OPPOSITION re #12 MOTION to Dismiss Case as Frivolous filed by Craig Alford. (kpf) |
| Filing 18 Letter from Mr. Alford RE: Harassment/Retaliation. (kpf) |
| Filing 17 Letter from Mr. Alford RE: Access to the Court. (kpf) |
| Filing 16 MOTION to Supplement to add Ms. Cho as a Defendant by Craig Alford. (kpf) (Main Document 16 replaced to include the envelope on 9/22/2020) (kpf). |
| Filing 15 U.S. MARSHAL - 285 and AO 398 Forms Completed by Plaintiff and served on Warden Hodle on 8/20/20. (kpf) |
| Filing 14 Letter from Miguel Rosario Re: conditions of law library. (kpf) |
| Filing 13 BRIEF IN SUPPORT re #12 MOTION to Dismiss Case as Frivolous filed by Garry Hodle, Monroe County Jail.(Geiger, Gerard) |
| Filing 12 MOTION to Dismiss Case as Frivolous by Garry Hodle, Monroe County Jail. (Attachments: #1 Proposed Order)(Geiger, Gerard) |
| Filing 11 WAIVER OF SERVICE Returned by Monroe County Jail, Garry Hodle. Monroe County Jail waiver sent on 8/20/2020, answer due 10/19/2020; Garry Hodle waiver sent on 8/20/2020, answer due 10/19/2020. (Geiger, Gerard) |
| Filing 10 NOTICE of Appearance by Gerard J. Geiger on behalf of Garry Hodle, Monroe County Jail (Geiger, Gerard) |
| Filing 9 MOTION to Supplement to Add Ms. Baylor as a Defendant by Craig Alford. (kpf) |
| Filing 8 AO 398 and AO 399 Service Forms Completed by Plaintiff. (kpf) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Craig Alford. (kpf) |
| Filing 6 MOTION to Supplement Complaint by Craig Alford. (kpf) |
| 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 08/12/2020. (Attachments: #1 IFP (civil rights))(lp) |
| Filing 4 PRO SE LETTER ISSUED w/ Notice & Consent Form. (Attachments: #1 Notice of Consent, #2 Instruction Sheet, #3 Federal & Local Rules, #4 398 Form, #5 399 Form) (lp) |
| Filing 3 PRISONER AUTHORIZATION 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.. (lp) |
| Filing 2 Application to proceed in forma pauperis (Outdated form). (lp) |
| Filing 1 COMPLAINT against All Defendants lodged pending the disposition of the Motion to Proceed In Forma Pauperis, filed by Craig Alford.(lp) |
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