WALKER v. WOLF et al
| Melvin Trent Walker |
| Governor Thomas Westerman Wolf, Leslie Richards and Pennsylvania Department of Transportation |
| 1:2022cv01360 |
| September 1, 2022 |
| US District Court for the Middle District of Pennsylvania |
| Christopher C Conner |
| Joseph F Saporito |
| Civil Rights: Jobs |
| 28 U.S.C. § 451 Employment Discrimination |
| None |
Docket Report
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| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Christopher C. Conner and referred to Magistrate Judge Joseph F. Saporito, Jr as one or more parties have not consented to the jurisdiction of a U.S. Magistrate Judge. (jkc) |
| CASE REFERRED to Magistrate Judge Joseph F. Saporito, Jr;. (jkc) |
| Filing 39 Summons Issued as to Pennsylvania Department of Transportation and provided TO PRO SE PLAINTIFF VIA U.S. MAIL for service on Defendant in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 Summons Packet) (dw) |
Filing 38
ORDER - 1. Plaintiff's motion to stand on his original complaint #22 is DENIED AS MOOT. 2. Plaintiff's pro se motion for an amended summons #18 is GRANTED. 3. The Clerk of Court is directed to add Pennsylvania Department of Transportation as party defendant. 4. The Clerk is directed to TERMINATE Thomas Westerman Wolf and Leslie Richards as party defendants. 5. The Clerk is directed to issue a summons to the pro se plaintiff for service of the Amended Complaint upon the newly added Defendant, Pennsylvania Department of Transportation. 6. For good cause shown, Plaintiff is granted an extension of time until 12/9/22 to serve the summons and a copy of the amended complaint on the newly added defendant. Signed by Magistrate Judge Joseph F. Saporito, Jr on 9/12/22. (dw)
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| Filing 37 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to Leslie Richards, Thomas Westerman Wolf 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 COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 10/3/2022 (ms) |
| Filing 36 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to Melvin Trent Walker 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 COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 10/3/2022 (ms) |
| Filing 35 Case transferred electronically in from District of Pennsylvania Eastern; Case Number 2:19-cv-04983 containing electronic documents. jw |
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Filing 34
ORDERED THAT THE CLERK OF COURT SHALL FORTHWITH TRANSFER THIS MATTER TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA FOR POTENTIAL ASSIGNMENT TO THE HARRISBURG STATION; AND, 2. THE CLERK OF COURT SHALL CLOSE THIS CASE IN THIS DISTRICT. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/30/22. 8/30/22 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.]
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Filing 33
ORDERED PLAINTIFF SHALL, ON OR BEFORE AUGUST 26, 2022 SHOW CAUSE IN A MEMORANDUM NOT EXCEEDING TEN PAGES AS TO WHY WE SHOULD NOT TRANSFER THIS CASE, AS WELL AS HIS RELATED COMPLAINT AT NO. 17-4720, CONSISTENT WITH 28 U.S.C. 1404 AND OUR COURT OF APPEALSS GUIDANCE IN JUMARA V. STATE FARM INS. CO., 55 F.3D 873, 87980 (3D CIR. 1995) TO THE HARRISBURG STATION OF THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AS ALL PARTIES RESIDE IN HARRISBURG, THE EVENTS APPEAR TO ARISE FROM THE MIDDLE DISTRICT OF PENNSYLVANIA, AND THE WITNESSES SEEMINGLY RESIDE IN THE MIDDLE DISTRICT OF PENNSYLVANIA. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/8/22. 8/8/22 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.]
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Filing 32
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE PETRESE B. TUCKER TO HONORABLE MARK A. KEARNEY FOR ALL FURTHER PROCEEDINGS. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 8/4/22/. 8/5/22 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.]
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| Filing 31 MANDATE of USCA BY THIS COURT THAT THE JUDGMENT OF THE DISTRICT COURT ENTERED JULY 1, 2021, BE AND THE SAME IS HEREBY VACATED IN PART AND AFFIRMED IN PART AND THIS MATTER IS REMANDED FOR FURTHER CONSIDERATION. COSTS NOT TAXED. ALL OF THE ABOVE IN ACCORDANCE WITH THE OPINION OF THIS COURT. (Attachments: #1 USCA OPINION)(jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
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Filing 30
ORDERED AND DECREED THAT DEFENDANTS MOTION IS DENIED AS MOOT. PLAINTIFFS AMENDED COMPLAINT (ECF NO. 15) WAS DISMISSED WITH PREJUDICE THROUGH THE COURTS ORDERS (ECF NOS. 23, 24), AND THE RELIEF SOUGHT IN THE INSTANT MOTION (ECF NO. 25) WAS ALREADY GRANTED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 2/16/22.2/16/22 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.]
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| Filing Fee for NOTICE OF APPEAL by MELVIN TRENT WALKER. (Filing Fee $505, PPE230708 (Filing fee $ 505.) (jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 29 AFFIDAVIT 5/11/21 HARASSMENT AND RETALIATION SUBSTANTIATED BY EEO, WITH PROOF OF SERVICE, FILED BY MELVIN TRENT WALKER. (Attachments: #1 EMAIL)(amas, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 28 NOTICE of Docketing Record on Appeal from USCA re #26 Notice of Appeal filed by MELVIN TRENT WALKER. USCA Case Number 21-2427 (jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 27 PROOF OF SERVICE by MELVIN TRENT WALKER (Attachments: #1 EMAIL)(jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 26 NOTICE OF APPEAL by MELVIN TRENT WALKER. Copies to Judge, Clerk USCA, Appeals Clerk and *NO FEE PAID. (Attachments: #1 EMAIL)(jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 25 MISCELLANEOUS RELIEF MOTION TO STAND ON COMPLAINT CLEARLY AND UNEQUIVOCALLY filed by MELVIN TRENT WALKER.PROOF OF SERVICE. (Attachments: #1 PROOF OF SERVICE, #2 EMAIL)(jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
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Filing 24
ORDERED AND DECREED THAT PLAINTIFFS MOTION IS GRANTED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/1/21. 7/1/21 ENTERED AND COPIES E-MAILED. *NOT MAILED TO PLAINTIFF. (jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.]
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Filing 23
ORDERED AND DECREED THAT DEFENDANTS MOTION IS GRANTED. PLAINTIFFS AMENDED COMPLAINT (ECF NO. 15) IS HEREBY DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED THAT PLAINTIFFS MOTION FOR NEW TRIAL, AMENDED SUMMONS AND OPPOSITION MOTION TO DISMISS THE COMPLAINT (ECF NO. 18) IS DENIED AND THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/1/21.7/1/21 ENTERED AND COPIES E-MAILED. *NOT MAILED TO PLAINTIFF. (jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.]
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| COPY OF DOC. NOS. 23 AND 24 HAVE BEEN MAILED TO PRO SE, WALKER. (bw, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 22 MISCELLANEOUS RELIEF MOTION TO STAND ON COMPLAINT CLEARLY AND UNEQUIVOCALLY FILED BY MELVIN TRENT WALKER, PROOF OF SERVICE. (Attachments: #1 ProofServMR, #2 Email)(fdc) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
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Filing 21
ORDER of USCA THE APPEAL IS DISMISSED FOR LACK OF APPELLATE JURISDICTION. MELVIN TRENT WALKER APPEALS FROM THE DISTRICT COURTS ORDER OF JULY 29, 2020, DISMISSING HIS CLAIMS AGAINST PENNSYLVANIAS GOVERNOR AND SECRETARY OF TRANSPORTATION. WHILE SOME CLAIMS WERE DISMISSED WITH PREJUDICE, OTHERS WERE DISMISSED WITHOUT PREJUDICE, WITH INSTRUCTIONS FOR WALKER AS TO HOW HE MIGHT CURE EXISTING DEFECTS IN AN AMENDED COMPLAINT. GENERALLY, AN ORDER WHICH DISMISSES A COMPLAINT WITHOUT PREJUDICE IS NEITHER FINAL NOR APPEALABLE. BORELLI V. CITY OF READING, 532 F.2D 950, 951 (3D CIR. 1976) (PER CURIAM). A DISMISSAL WITHOUT PREJUDICE CAN BE FINAL IF THE PLAINTIFF HAS ELECTED CLEARLY AND UNEQUIVOCALLY TO STAND ON HIS COMPLAINT. SEE WEBER V. MCGROGAN, 939 F.3D 232, 240 (3D CIR. 2019). WALKER HAS NOT DONE SO; INSTEAD, HE FILED AN AMENDED COMPLAINT. ACCORDINGLY, THE DISTRICT COURTS ORDER IS NOT APPEALABLE AT THIS TIME. (jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.]
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| USCA Appeal Fees received $ 505 receipt number PPE218771 re #19 Notice of Appeal filed by MELVIN TRENT WALKER (dmc, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 20 NOTICE of Docketing Record on Appeal from USCA re #19 Notice of Appeal filed by MELVIN TRENT WALKER. USCA Case Number 20-2783 (jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| APPEAL FEE LETTER ALONG WITH TPO FORM SENT TO PRO SE (JL ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 19 NOTICE OF APPEAL by PRO SE PLFF MELVIN TRENT WALKER, Proof of Service. (No Fee Paid). Copies to Judge, Clerk USCA, Appeals Clerk and counsel. "NO ENVELOPE ATTACHED" (kw, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 18 MOTION FOR AMENDED SUMMONS NEW TRIAL AND OPPOSITION FAILURE TO STATE A CLAIM filed by MELVIN TRENT WALKER.(jaa, ) (Additional attachment(s) added on 8/28/2020: #1 Exhibit) (jaa, ). [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by LESLIE RICHARDS, THOMAS WESTERMAN WOLF.Memorandum, Certificate of Service.(MOZDZIOCK, JEFFREY) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
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Filing 16
ORDER THAT DEFENDANTS' MOTION TO DISMISS #6 IS GRANTED. IT IS FURTHER ORDERED AS FOLLOWS: THE TITLE VII AND ADEA CLAIMS AGAINST DEFENDANTS ARE DISMISSED WITH PREJUDICE; AND THE CLAIMS ARISING UNDER CONSTITUTIONAL QUESTION ARE DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/23/20. 7/29/20 ENTERED & E-MAILED. NOT MAILED TO WALKER.(fdc) [Transferred from Pennsylvania Eastern on 9/1/2022.]
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| PLEADING #16 MAILED TO THE PRO SE (JL ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 15 AMENDED COMPLAINT against LESLIE RICHARDS, THOMAS WESTERMAN WOLF, filed by MELVIN TRENT WALKER.(jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| PLEADING #14 MAILED TO THE PRO SE (JL ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
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Filing 14
ORDERED THAT DEFENDANTS MOTION TO DISMISS (ECF NO. 6) AND PLAINTIFFS RESPONSE IN OPPOSITION (ECF NO. 10) IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/29/20.6/29/20 ENTERED AND COPIES E-MAILED.(jaa, ) *NOT MAILED TO PLAINTIFF. [Transferred from Pennsylvania Eastern on 9/1/2022.]
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| Filing 13 BRIEF by MELVIN TRENT WALKER IN SUPPORT OF CONSTITUTIONAL QUESTION DATED FILED 11/8/19 #4, CERTIFICATE OF SERVICE. (JL ) (NO ENVELOPE ATTACHED) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
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Filing 12
ORDERED THAT PLAINTIFF'S MOTION FOR APPOINTMENT OF ATTORNEY IS DENIED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 3/6/20.3/9/20 ENTERED AND COPIES MAILED WITH PLAINTIFF AND E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.]
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| Filing 11 BRIEF by MELVIN TRENT WALKER IN SUPPORT OF SEXUAL HARRASSMENT CLAIM: NEW MATTER, CERTIFICATE OF SERVICE. (jl, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 10 MOTION IN OPPOSITION TO DISMISS FOR FAILURE TO STATE A CLAIM WITH PROOF OF SERVICE filed by MELVIN TRENT WALKER. (jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 9 NOTICE OF CONSTITUTIONAL QUESTION WITH PROOF OF SERVICE by MELVIN TRENT WALKER (jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 8 NOTICE EMPLOYMENT DISCRIMINATION ATTACHMENT WITH PROOF OF SERVICE by MELVIN TRENT WALKER (jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 7 NOTICE OF EEOC RIGHT TO SUIT WITH PROOF OF SERVICE by MELVIN TRENT WALKER (jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by LESLIE RICHARDS, THOMAS WESTERMAN WOLF.Memorandum, Certificate of Service.(MOZDZIOCK, JEFFREY) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 5 SUMMONS Returned Executed by MELVIN TRENT WALKER re: ROGER WILLIAMS served Summons and Complaint upon LESLIE RICHARDS, THOMAS WESTERMAN WOLF by PERSONAL. LESLIE RICHARDS served on 11/22/2019, answer due 12/13/2019; THOMAS WESTERMAN WOLF served on 11/22/2019, answer due 12/13/2019. (jaa, ) Modified on 12/9/2019 (tjd). Modified on 12/9/2019 (jaa, ). [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 4 NOTICE OF CONSTITUTIONAL QUESTION by MELVIN TRENT WALKER (jaa, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 3 PRO SE NOTICE RE:GUIDELINES. MAILED TO WALKER. (fdc) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 2 Motion for Appointment of Attorney by MELVIN TRENT WALKER. (fdc) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Filing 1 COMPLAINT against LESLIE RICHARDS, THOMAS WESTERMAN WOLF ( Filing fee $ 400 receipt number 205730.), filed by MELVIN TRENT WALKER.(fdc, ) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
| Two (2) Summons Issued as to LESLIE RICHARDS, THOMAS WESTERMAN WOLF. Forwarded To: Melvin Trent Walker on 10/25/19. (fdc) [Transferred from Pennsylvania Eastern on 9/1/2022.] |
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