CHRISTIAN v. GARMAN et al
| Julio Christian |
| Tom Wolfe, Major Selfrige, Staff Empl MR. Eby, Rich Ellers, Sargent Jodon, Major Halderman, Major Nike, Mark Garman and Sargent Witmer |
| 1:2020cv01842 |
| October 8, 2020 |
| US District Court for the Middle District of Pennsylvania |
| EB |
| Sylvia H Rambo |
| Prisoner Civil Rights (Prison Conditions) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on May 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 BRIEF IN SUPPORT re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rich Ellers, Mark Garman, Major Halderman, Major Nike, Major Selfrige, Sargent Jodon, Sargent Witmer, Staff Empl MR. Eby, Tom Wolfe.(Dorian, Raymond) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Rich Ellers, Mark Garman, Major Halderman, Major Nike, Major Selfrige, Sargent Jodon, Sargent Witmer, Staff Empl MR. Eby, Tom Wolfe.(Dorian, Raymond) |
| Filing 18 Mail (Doc. 12) sent to Major Nike returned as 'REFUSED'. (pjr) |
| Filing 17 Prisoner Trust Fund Account Statement (not certified) by Julio Christian. (dw) |
| Filing 16 Waiver of Service Returned EXECUTED by Sargent Jodon, Major Nike, Sargent Witmer, Rich Ellers, Mark Garman, Staff Empl MR. Eby, Major Halderman, Major Selfrige as to All Defendants. Answer date 12/8/20 (Dorian, Raymond) . |
| Filing 15 NOTICE of Appearance by Raymond W. Dorian on behalf of All Defendants. (Dorian, Raymond) |
| Filing 14 U.S. MARSHAL - 285, AO 398 and AO 399 Service Forms Completed by Plaintiff. (dw) |
| Filing 13 Waiver of Service forms (AO 398 and 399) Mailed to All Defendants Waiver of Service due by 11/9/2020. (ma) |
Filing 12
ORDER DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND 399 WAIVERS FORMS to defendants. 1. Pltf's Mtn to proceed IFP #5 is Granted. 2. Pltf to pay full filing fee per this order. 3. Warden directed to deduct fees from inmate's account. 4. The Clerk of Court is directed to SEND a copy of this Order to the Superintendent/Warden of the institution wherein Pltf is presently confined;5. Pltfs mtn for leave to amend #4 is GRANTED, and the Court DEEMS the operative pleading to consist of Doc. Nos. 1 and 4. 6. The complaint (Doc. Nos. 1, 4) is DEEMED filed;7. The Clerk of Court is directed to add Governor Tom Wolfe to the docket as a Dft in the above-captioned case; 8. In accordance with FRCP 4(c)(3), the Clerk of Court is directed to SERVE a copy of the complaint (Doc. Nos. 1,4), 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 Defendants. In the interests of efficient administrative judicial economy, the Court requests that Defendants waive service pursuant to Federal Rule of Civil Procedure 4(d);9. If service is unable to be completed due to Pltfs failure to properly name the Dfts or provide an accurate mailing address for the Dfts, Pltf will be required to correct this deficiency. Failure to comply may result in the dismissal of Pltfs claims against the Dfts pursuant to FRCP 4(m); and10. Pltfs motion for order for judgment in equity (Doc. No. 7) is DENIED.Signed by Honorable Sylvia H. Rambo on 10/8/20. (ma)
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| Filing 11 PRO SE LETTER ISSUED w/ Notice & Consent Form. (Attachments: #1 Complaint Packet) (mw) |
| Filing 10 Case transferred electronically in from District of Pennsylvania Eastern; Case Number 2:20-cv-03302 containing electronic documents. |
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Filing 9
ORDERED THAT THE CLERK OF COURT IS DIRECTED TO TRANSFER FORTHWITH THE ABOVE-CAPTIONED CASE TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AND CHRISTIANS MOTION TO PROCEED IN FORMA PAUPERIS (ECF NO. 5), HIS MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (ECF NO. 4), AND HIS MOTION FOR ORDER FOR JUDGMENT IN EQUITY (ECF NO. 7) SHALL BE LEFT TO THE DISCRETION OF THE TRANSFEREE COURT. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/7/20. 10/7/20 ENTERED AND COPIES *NOT MAILED TO PLAINTIFF. (jaa, ) Modified on 10/7/2020 (jaa, ). [Transferred from Pennsylvania Eastern on 10/8/2020.]
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| Filing 8 Certified Copy of Order from USCA # 20-2287 that the petition for a writ of mandamus be and the same hereby is DENIED. All of the above in accordance with the opinion of this Court. (jpd, ) [Transferred from Pennsylvania Eastern on 10/8/2020.] |
| Filing 7 MOTION FOR ORDER FOR JUDGMENT IN EQUITY, filed by JULIO CHRISTIAN.Envelope..(va, ) [Transferred from Pennsylvania Eastern on 10/8/2020.] |
| Filing 4 MOTION for Leave to File Amended Complaint filed by JULIO CHRISTIAN, Affidavit, Memorandum (mbh, ) (mbh, ). Modified on 8/13/2020 (md, ). [Transferred from Pennsylvania Eastern on 10/8/2020.] |
| Filing 6 Prisoner Trust Fund Account Statement by JULIO CHRISTIAN. (va, ) [Transferred from Pennsylvania Eastern on 10/8/2020.] |
| Filing 5 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS, including certification, filed by JULIO CHRISTIAN. No Envelope. (va, ) Modified on 8/14/2020 (va, ). [Transferred from Pennsylvania Eastern on 10/8/2020.] Modified on 10/8/2020 (lp). |
| Document #3, together with blank copy of Court's Standard Prisoner IFP Application mailed to pro se plff. [Transferred from Pennsylvania Eastern on 10/8/2020.] |
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Filing 3
ORDER THAT IF CHRISTIAN SEEKS TO PROCEED WITH THIS ACTION HE MUST, WITHIN 30 DAYS OF THE DATE OF THIS ORDER, EITHER PAY $400 TO THE CLERK OF COURT OR FILE A MOTION TO PROCEED IN FORMA PAUPERIS WITH A CERTIFIED COPY OF HIS PRISONER ACCOUNT STATEMENT, ETC. THE CLERK OF COURT SHALL FURNISH CHRISTIAN WITH A BLANK COPY OF THIS COURT'S CURRENT STANDARD PRISONER IN FORMA PAUPERIS FORM BEARING THE ABOVE CIVIL ACTION NUMBER, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 7/17/20. 7/17/20 ENTERED AND COPIES NOT MAILED TO PRO SE PLFF AND BLANK COPY OF CURRENT PRISONER IFP FORM NOT MAILED.(kw, ) [Transferred from Pennsylvania Eastern on 10/8/2020.]
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| Filing 2 PRO SE NOTICE RE:GUIDELINES (bw, ) [Transferred from Pennsylvania Eastern on 10/8/2020.] |
| Filing 1 COMPLAINT against RICH ELLERS, MARK GARMAN, MAJOR HALDERMAN, MAJOR NIKE, MAJOR SELFRIGE, SARGENT JODON, SARGENT WITMER, STAFF EMPL MR. EBY, filed by JULIO CHRISTIAN. *NO IFP OR FEE PAYMENT (Attachments: #1 Designation Form, #2 Case Management Track Form)(jaa, ) Modified on 7/13/2020 (md, ). [Transferred from Pennsylvania Eastern on 10/8/2020.] |
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