Wallace v. Centre County Correctional Facility et al
| Johnathan Wallace |
| Centre County Correctional Facility, Centre County District Attorney's Office, Centre County Public Defender's Office, Centre County Sheriff's Office, Centre County Courthouse, Lieutenant Gemmati, C.O. Pataky, C.O. Rittner, C.O. Shears, C.O. Strunk and C.O. Quigley |
| 1:2024cv00010 |
| January 3, 2024 |
| US District Court for the Middle District of Pennsylvania |
| LT |
| Sylvia H Rambo |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 Statement of Claim by Johnathan Wallace. (rw) |
| Filing 16 Prisoner Trust Fund Account Statement by Johnathan Wallace. (rw) |
| Filing 15 CERTIFIED MOTION for Leave to Proceed in forma pauperis by Johnathan Wallace.(rw) Modified on 3/1/2024 (lp). |
| Filing 14 "Correction" of Names to Amended Complaint by Johnathan Wallace. Names corrected on the docket. (ll) |
| Filing 13 WAIVER OF SERVICE Returned by C.O. Shear, C.O. Pataki, L.T. Germati, C.O. Shrunk, C.O. Ritner, C.O. Quigley. (Attachments: #1 Certificate of Service)(Maierhofer, Mary Lou) |
| Filing 12 NOTICE of Appearance by Mary Lou Maierhofer on behalf of L.T. Germati, C.O. Pataki, C.O. Quigley, C.O. Ritner, C.O. Shear, C.O. Shrunk (Maierhofer, Mary Lou) |
| Filing 11 Waiver of Service forms (AO 398 and 399) Mailed to L.T. Germati, C.O. Pataki, C.O. Quigley, C.O. Ritner, C.O. Shear, C.O. Shrunk Waiver of Service due by 3/7/2024. (ma) |
Filing 10
ORDER: 1. The Clerk of Court is directed to SERVE a copy of the amended complaint #9 , Notice of a Lawsuit and Request to Waive Service of a Summons (AO 398 form), Waiver of the Service of Summons (AO 399 form), and this Order on Dfts Germanti, Pataki, Ritner, Shear, Shrunk, and Quigley. In the interest of efficient administrative judicial economy, the court requests that Dfts waive service pursuant to FRCP 4(d);2. If service is unable to be completed due to Pltfs failure to properly name the Dfts or provide an accurate mailing address for Dfts, Pltf will be required to correct this deficiency. Failure to comply may result in the dismissal of Pltffs claims against Dfts pursuant to FRCP 4(m); and3. The Clerk of Court shall SEND a Notice, Consent, and Reference of a Civil Action to a MJ (AO 85 form) to all parties in the above-captioned action. The parties shall discuss consenting to the jurisdiction of a US MJ. If all parties agree to consent to the jurisdiction of a United States Magistrate Judge, thenthe parties shall complete and return the AO 85 form to the Clerk of Court no later than (90) days after the date of this Order. Signed by Honorable Sylvia H. Rambo on 2/6/24. (ma)
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| Filing 9 AMENDED COMPLAINT against L.T. Germati, C.O. Pataki, C.O. Quigley, C.O. Ritner, C.O. Shear, C.O. Shrunk, filed by Johnathan Wallace.(rw) |
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Filing 8
ORDER - In accord with the accompanying Memorandum #7 : 1. Pltfs mtn for leave to proceed ifp #5 is GRANTED and Pltfs complaint #1 is DEEMED FILED;2. Pltf shall pay the full filing fee of $350.00 per this order;3. The appropriate official at Pltfs place of confinement is directed to deduct the filing fee per instruction in this order;4. The Clerk of Court is directed to SEND a copy of this Order to the Warden of the institution wherein Pltf is presently confined;5. Pltfs falsification of documents, freedom of religion, and conditions of confinement claims are DISMISSED WITHOUT PREJUDICE as misjoined in violation of FRCP 20;6. Pltfs excessive force claim is DISMISSED WITHOUT PREJUDICE to Pltfs right to file an amended complaint naming individual dfts who were personally involved in the alleged excessive force incident;7. The Clerk of Court is directed to terminate Dfts Centre County Correctional Facility, Centre County DAs Office, Centre County Public Defenders Office, Centre County sheriffs Office, and Centre County Courthouse from the docket of this case;8. Pltf may file an amended complaint within (30) days of the date of this order to cure the deficiencies;9. The Clerk of Court is directed to mail Pltf a civil rights complaint form; and10. If Pltf fails to file an amended complaint by the above date, this case shall be dismissed without further leave to amend for the reasons stated in the accompanying memorandum. Signed by Honorable Sylvia H. Rambo on 1/23/24 (ma)
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| Filing 7 MEMORANDUM re MOTION for Leave to Proceed in forma pauperis #5 filed by Johnathan Wallace (Order to follow as separate docket entry) Signed by Honorable Sylvia H. Rambo on 1/23/24. (ma) |
| Filing 6 Prisoner Trust Fund Account Statement by Johnathan Wallace. (rw) |
| Filing 5 CERTIFIED Application/ MOTION for Leave to Proceed in forma pauperis by Johnathan Wallace.(rw) |
| Filing 4 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 01/03/2024. (Attachments: #1 IFP (civil rights))(lp) |
| Filing 3 PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: #1 Notice of Consent, #2 Instruction Sheet, #3 Fed and Local Rules, #4 398 Forms, #5 399 Form) (lp) |
| Filing 2 Application to proceed in forma pauperis (outdated form) by Johnathan Wallace.. (lp) |
| Filing 1 COMPLAINT against All Defendants lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Johnathan Wallace. (Attachments: #1 Additional First Page of Civil Complaint Form, #2 Attachments-List of Various Documents and attachments in Support of Complaint)(lp) |
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