Brockington v. Wishenfsky et al

Brockington v. Wishenfsky et al

Plaintiff:	Jamel Brockington
Defendant:	CO Wishenfsky, Ms. Desanti, MS. Heenan, Ms. Tobias, Superintendent Kerestes, Robin M. Lewis, C.O. Brown, Pennsylvania Department of Corrections and Nurse Jane/ John Doe
Case Number:	3:2012cv00482
Filed:	March 16, 2012
Court:	US District Court for the Middle District of Pennsylvania
Office:	Scranton Office
County:	Schuylkill
Presiding Judge:	Martin C Carlson
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on April 4, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 4, 2017	Receipt of payment from JAMEL BROCKINGTON in the amount of $11.51 for PLRA CIVIL FILING FEE. Transaction posted on 4/3/2017. Receipt number 333054769 processed by gangeli. (jjs, )
March 3, 2017	Receipt of payment from JAMEL BROCKINGTON in the amount of $12.88 for PLRA CIVIL FILING FEE. Transaction posted on 3/2/2017. Receipt number 333054302 processed by epetrosk. (jjs, )
February 3, 2017	Receipt of payment from JAMEL BROCKINGTON in the amount of $3.02 for PLRA CIVIL FILING FEE. Transaction posted on 2/2/2017. Receipt number 333053888 processed by lhannick. (jjs, )
January 6, 2017	Receipt of payment from JAMEL BROCKINGTON in the amount of $20.72 for PLRA CIVIL FILING FEE. Transaction posted on 1/5/2017. Receipt number 333053469 processed by rmiller. (jjs, )
October 5, 2016	Filing 141 Letter from Scranton Finance re Filing Fee Balance. (bg)
October 5, 2016	Filing 140 Letter by Jamel Brockington re Filing Fee Balance. Letter forwarded to Scranton Finance. (bg)
September 20, 2016	Receipt of payment from JANEL BROCKINGTON in the amount of $0.90 for PLRA CIVIL FILING FEE. Transaction posted on 9/19/2016. Receipt number 333052030 processed by lhannick. (jjs, )
August 30, 2016	Receipt of payment from JAMEL BROCKINGTON in the amount of $1.60 for PLRA CIVIL FILING FEE. Transaction posted on 8/29/2016. Receipt number 333051706 processed by rmiller. (jjs, )
May 11, 2016	Filing 139 ORDER - IT IS HEREBY ORDERED THAT the defendants motion for summary judgment (Doc. 103.) is GRANTED. In light of this ruling, the plaintiffs motion to clarify, (Doc. 136.) is DENIED. The Clerk of Court shall close the case. Signed by Magistrate Judge Martin C. Carlson on May 11, 2016. (kjn)
May 11, 2016	Filing 138 MEMORANDUM (Order to follow as separate docket entry) re #103 MOTION for Summary Judgment filed by Wishenfsky. Signed by Magistrate Judge Martin C. Carlson on May 11, 2016. (kjn)
April 8, 2016	Receipt of payment from JAMEL BROCKINGTON in the amount of $15.00 for PLRA CIVIL FILING FEE. Transaction posted on 4/7/2016. Receipt number 333049597 processed by gangeli. (jjs, )
March 11, 2016	Receipt of payment from JAMEL BROCKINGTON in the amount of $10.00 for PLRA CIVIL FILING FEE. Transaction posted on 3/10/2016. Receipt number 333049208 processed by rmiller. (jjs, )
February 22, 2016	Filing 137 Supplement to #136 MOTION to Clarify filed by Jamel Brockington. Copy of docket sheet sent to Ptf on this date. (Attachments: #1 Cover Letter/ Request for Docket Sheet.)(ve)
February 8, 2016	Filing 136 MOTION of Clarification from the Court by Jamel Brockington.(ga)
February 2, 2016	Filing 135 Letter from Jamel Brockington, Re: Consent to Proceed. (ga)
January 19, 2016	Filing 134 Document filed by Jamel Brockington re: consent to proceed. (bg)
January 14, 2016	Filing 133 ORDER - in accordance with the consent of all parties (Docs. 131, 132), IT IS HEREBY ORDERED that the above-captioned matter is referred to Magistrate Judge Martin Carlson to conduct all proceedings and order the entry of afinal judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. Signed by Honorable Robert D. Mariani on 1/14/16. (jfg)
December 28, 2015	Filing 132 NOTICE by Wishenfsky Consent to a Magistrate Judge (Mazeski, Vincent)
December 17, 2015	Filing 131 CONSENT to Proceed Before a US Magistrate Judge by Jamel Brockington. (bg)
December 17, 2015	Filing 130 NOTICE of Appearance by Vincent R. Mazeski on behalf of Wishenfsky. (Mazeski, Vincent)
December 7, 2015	Filing 129 NOTICE of Change of Address by Jamel Brockington (bg)
November 19, 2015	Filing 128 NOTICE of Change of Address by Jamel Brockington (bg)
November 17, 2015	Filing 127 ORDER denying #125 Motion to be excused from making further installment payments on the filing fee. Signed by Magistrate Judge Martin C. Carlson on November 17, 2015. (kjn)
November 12, 2015	Filing 126 Letter from Financial Administrator, Re: Filing fee balance owed is $117.33. (ga)
November 12, 2015	Filing 125 MOTION To Be Excused From Remainder Of Filing Fee by Jamel Brockington.(ga)
November 10, 2015	Filing 124 Letter by Jamel Brockington re: payment history. Original has been forwarded to Scr Finance. (bg)
October 26, 2015	Filing 123 STATUS REPORT by Wishenfsky. (Tilghman, Julie)
October 22, 2015	Filing 122 RESPONSE filed by Jamel Brockington to #105 Statement of Facts. (Attachments: #1 Exhibits)(pjr)
October 22, 2015	Filing 121 BRIEF IN OPPOSITION re #103 MOTION for Summary Judgment filed by Jamel Brockington.(pjr)
October 15, 2015	Filing 120 ORDER - Defense counsel shall confirm for the Court the plaintiffs receipt of these documents no later than October 29, 2015. Mr. Brockington shall then respond to the summary judgment motion on or before November 19, 2015. Signed by Magistrate Judge Martin C. Carlson on October 15, 2015. (kjn)
October 15, 2015	Filing 119 RESPONSE by Wishenfsky to #118 Notice Filed by Plaintiff Regarding Document Receipt. (Tilghman, Julie)
October 15, 2015	Filing 118 NOTICE filed by Jamel Brockington re: not receiving all documents. (pjr)
October 9, 2015	Filing 117 ORDER granting #116 Motion to Clarify. Signed by Magistrate Judge Martin C. Carlson on October 9, 2015. (kjn)
October 8, 2015	Filing 116 MOTION to Clarify filed by Jamel Brockington.(pjr)
October 7, 2015	Filing 115 Letter from Jamel Brockington filed re: not receiving copies of motions filed. Matter referred to chambers. (pjr) Modified on 10/9/2015 (kjn) - Copies mailed to Pltf.
October 7, 2015	Filing 114 ORDER granting #113 Motion to Clarify. Signed by Magistrate Judge Martin C. Carlson on October 7, 2015. (kjn)
October 5, 2015	Filing 113 MOTION to Clarify filed by Jamel Brockington.(pjr)
September 28, 2015	Filing 112 ORDER granting #107 Motion for Enlargement of Time, Nunc Pro Tunc. Dft's Waiver Reply is accepted as timely filed. Signed by Magistrate Judge Martin C. Carlson on September 28, 2015. (kjn)
September 28, 2015	Filing 111 ORDER granting #108 Motion for Leave to File an Additional Summary Judgment Motion. Signed by Magistrate Judge Martin C. Carlson on September 28, 2015. (kjn)
September 28, 2015	Filing 110 Consent to Magistrate Judge by Wishenfsky. . (Tilghman, Julie)
September 28, 2015	Filing 109 BRIEF IN SUPPORT re #108 MOTION for Leave to File additional summary judgment motion filed by Wishenfsky.(Tilghman, Julie)
September 28, 2015	Filing 108 MOTION for Leave to File additional summary judgment motion by Wishenfsky. (Attachments: #1 Proposed Order)(Tilghman, Julie)
September 28, 2015	Filing 107 MOTION for Extension of Time to File Answer re #51 Amended Complaint by Wishenfsky. (Attachments: #1 Proposed Order, #2 Appendix)(Tilghman, Julie)
September 28, 2015	Filing 105 STATEMENT OF FACTS re #103 MOTION for Summary Judgment , #104 Brief in Support of Motion for Summary Judgment filed by Wishenfsky.(Tilghman, Julie)
September 28, 2015	Filing 104 BRIEF IN SUPPORT re #103 MOTION for Summary Judgment filed by Wishenfsky. (Attachments: #1 Appendix)(Tilghman, Julie)
September 28, 2015	Filing 103 MOTION for Summary Judgment by Wishenfsky. (Attachments: #1 Proposed Order)(Tilghman, Julie)
September 28, 2015	DOCKET ANNOTATION: Document 106 deleted per counsel's request. (aaa)
August 24, 2015	Filing 102 ORDER #100 MOTION for Extension of Time to Extension of Time filed by Wishenfsky. Dispositive Motions and Supporting Briefs are due by 9/28/2015. Deadline to Consent to proceed before a U.S. Magistrate Judge - 9/28/2015. Signed by Magistrate Judge Martin C. Carlson on August 24, 2015. (kjn)
August 24, 2015	Filing 101 Letter from Scranton Finance re: filing fee. (bg)
August 24, 2015	Filing 100 MOTION for Extension of Time to Extension of Time by Wishenfsky. (Attachments: #1 Proposed Order)(Tilghman, Julie)
August 24, 2015	DOCKET ANNOTATION: Document 100 deleted per counsel's request. Document to be refiled. (aaa)
August 21, 2015	Filing 99 Letter from Jamel Brockington, Re: Questions in ref. to his partial filing fees. cc: Financial Dept. (ga).
August 10, 2015	Filing 98 Letter from Scranton Fianance re filing fee balance. (bg)
August 7, 2015	Filing 97 NOTICE of Change of Address by Jamel Brockington with inquiry as to filing fee payments, request for copy of docket sheet(ep) Modified on 8/7/2015 (ep). cc: financial
August 7, 2015	Address updated, docket sheet sent to Brockington; (ep)
July 20, 2015	Filing 96 RESPONSE filed by Jamel Brockington to #89 Memorandum (Order to follow as separate docket entry). (pjr)
July 14, 2015	Receipt of payment from JAMAL BROCKINGTON in the amount of $2.20 for PLRA CIVIL FILING FEE. Transaction posted on 7/13/2015. Receipt number 333045286 processed by lhannick. (jjs, )
July 10, 2015	Filing 95 ORDER dismissing #94 Motion to clarify, affirming previously set schedule. Signed by Magistrate Judge Martin C. Carlson on July 10, 2015. (kjn)
July 9, 2015	Filing 94 MOTION of Notification to Magistrate Judge filed by Jamel Brockington.(vy)
July 6, 2015	Filing 93 MEMORANDUM ORDER granting in part #92 MOTION to Clarify filed by Jamel Brockington. As we understand it, there is no preserved video footage of this incident, although there may be a narrative description of what the unpreserved video depicted. If this is correct, within 20 days the defendant shall confirm that no video exists, and provide the plaintiff with the substance of any narrative description of the unpreserved video. If a video does exist, the defendant shall make arrangements to show it to the plaintiff.Signed by Magistrate Judge Martin C. Carlson on July 6, 2015. (kjn)
July 2, 2015	Filing 92 MOTION of Clarification from the Court filed by Jamel Brockington.(vy)
July 1, 2015	Filing 91 ORDER re: #90 MOTION to Clarify filed by Jamel Brockington. IT IS ORDERED that the following amended pre-trial schedule shall apply to this action: Close of Discovery - 8/28/2015. Deadline to Consent to proceed before a U.S. Magistrate - 8/28/2015. Dispositive Motions and Supporting Briefs are due by 8/28/2015. Signed by Magistrate Judge Martin C. Carlson on July 1, 2015. (kjn)
June 30, 2015	Filing 90 MOTION to Clarify by Jamel Brockington.(bg)
June 24, 2015	Filing 89 MEMORANDUM ORDER - IT IS ORDERED that these witness statements be released to the plaintiff within 20 days. We recognize, however, that the defendants and the third parties named within these statements may have legitimate privacy and institutional security interests. Therefore, the defendants may, in conjunction with this order and the release of this information, seek any appropriate protective order relief which ensures that the substance of this relevant information is provided to Brockington while protecting legitimate security and privacy concerns. Signed by Magistrate Judge Martin C. Carlson on June 24, 2015. (kjn)
June 23, 2015	Receipt of payment from JAMEL BROCKINGTON in the amount of $33.05 for PLRA CIVIL FILING FEE. Transaction posted on 6/22/2015. Receipt number 333044913 processed by lhannick. (jjs, )
June 8, 2015	Receipt of payment from JAMEL BROCKINGTON in the amount of $30.00 for PLRA CIVIL FILING FEE. Transaction posted on 6/5/2015. Receipt number 333044638 processed by lhannick. (jjs, )
June 5, 2015	Filing 88 NOTICE of Change of Address dated 5/30/15 by Jamel Brockington (ga)
May 7, 2015	Filing 87 NOTICE of Change of Address by Jamel Brockington (bg)
April 13, 2015	Filing 85 Letter from Jamel Brockington filed requesting copy of Doc. 43. Fee paid/NO envelope provided. Copy sent this date. (pjr)
April 7, 2015	Filing 84 ORDER granting #82 Motion to Stay. All deadlines in this action are STAYED pending resolution of all outstanding discovery-related matters, after which the Court shall issue an amended case management order setting forth a revised pre-trial schedule. Signed by Magistrate Judge Martin C. Carlson on April 7, 2015. (kjn)
April 6, 2015	Filing 83 BRIEF IN SUPPORT re #82 MOTION to Stay filed by Wishenfsky.(Tilghman, Julie)
April 6, 2015	Filing 82 MOTION to Stay by Wishenfsky. (Attachments: #1 Proposed Order)(Tilghman, Julie)
March 31, 2015	Filing 81 MEMORANDUM OPINION AND ORDER re: #73 MOTION to Compel Discovery filed by Jamel Brockington - The plaintiffs motion to compel is DENIED, in part, and GRANTED, in part, as follows: On or before April 17, 2015, we direct the defendants to provide to the Court for its in camera inspection the investigative documents in their possession regarding this incident that have not been released to the plaintiff. Armed with this information the Court can determine: (1) whether this information is relevant to the issues raised in this case; (2) whether it is subject to any valid claim of privilege recognized by the Federal Rules; and (3) to what extent, in what format, and under what conditions it may be released to the plaintiff. In all respects, the motion to compel, (Doc. 73.), is DENIED. Signed by Magistrate Judge Martin C. Carlson on March 31, 2015. (kjn)
March 30, 2015	Filing 80 REPLY BRIEF re #73 MOTION to Compel Discovery filed by Jamel Brockington.(bg)
March 23, 2015	Filing 79 ORDER denying #78 Motion for Clarification. Signed by Magistrate Judge Martin C. Carlson on 3/23/15. (pw)
March 23, 2015	Filing 78 MOTION for Clarification by Jamel Brockington.(lh)
March 17, 2015	Receipt of payment from JAMEL BROCKINGTON in the amount of $2.00 for PLRA CIVIL FILING FEE. Transaction posted on 3/16/2015. Receipt number 333043326 processed by tscott. (jjs, )
March 16, 2015	Filing 77 APPENDIX by Wishenfsky. to #76 Brief in Opposition . (Tilghman, Julie)
March 16, 2015	Filing 76 BRIEF IN OPPOSITION re #73 MOTION to Compel Discovery filed by Wishenfsky.(Tilghman, Julie)
March 3, 2015	Filing 75 MEMORANDUM AND ORDER denying #72 Motion to Appoint Counsel. Signed by Magistrate Judge Martin C. Carlson on March 3, 2015. (kjn)
March 2, 2015	Filing 74 BRIEF IN SUPPORT re #73 MOTION to Compel Discovery filed by Jamel Brockington.(bg)
March 2, 2015	Filing 73 MOTION to Compel Discovery by Jamel Brockington.(bg)
February 17, 2015	Filing 72 MOTION to Appoint Counsel filed by Jamel Brockington. (Attachments: #1 attachment)(pjr)
February 13, 2015	Filing 71 ORDER - IT IS HEREBY ORDERED THAT the Clerk of Court is directed to terminate the plaintiffs motion on the docket. (Doc. #68 .) Signed by Magistrate Judge Martin C. Carlson on February 13, 2015. (kjn)
February 5, 2015	Filing 70 ORDER terminating #69 Motion to Clarify. ATTACMENT #65 Case Management Order.Signed by Magistrate Judge Martin C. Carlson on 2/5/14 (pw)
February 5, 2015	Filing 69 MOTION to Clarify by Jamel Brockington.(bg)
January 5, 2015	Receipt of payment from JAMEL BROCKINGTON in the amount of $26.70 for PLRA CIVIL FILING FEE. Transaction posted on 12/30/2014. Receipt number 333041874 processed by tscott. (jjs, )
December 29, 2014	Filing 68 MOTION to Alter or Amend #64 Order on Motion to Dismiss, Order on Report and Recommendations, by Jamel Brockington.(bg)
December 22, 2014	Filing 67 ORDER denying #66 Motion to Stay. Signed by Magistrate Judge Martin C. Carlson on 12/22/14. (pw)
December 22, 2014	Filing 66 MOTION to Stay Summary Judgment and all further proceedings by Jamel Brockington.(ga)
December 16, 2014	Filing 65 CASE MANAGEMENT ORDER - Discovery deadline - 4/6/2015. Dispositive Motions and Supporting Briefs are due by 4/13/2015. Deadline to consent to proceed before a U.S. Magistrate Judge - 4/13/2015. SEE ORDER FOR COMPLETE DETAILS.Signed by Magistrate Judge Martin C. Carlson on December 16, 2014. (kjn)
December 15, 2014	Filing 64 ORDER 1. The Report &Recommendation (Doc. 61) is ADOPTED for the reasons stated therein. 2. Defendant Wishnefsky's Motion to Dismiss Plaintiff's Amended Complaint (Doc. 54) is GRANTED IN PART and DENIED IN PART; to wit:a. Defendant Wishnefsky's motion to dismiss Plaintiff's Amended Complaint based on Plaintiff's alleged failure to exhaust his administrative remedies is DENIED. b. Defendant Wishnefsky's motion to dismiss Plaintiff's Eighth Amendment excessive force claim is DENIED.c. Defendant Wishnefsky's motion to dismiss Plaintiffs retaliation claim is DENIED. d. Defendant Wishnefsky's motion to dismiss with respect to Plaintiffs verbal harassment and verbal abuse claims is GRANTED. e. Defendant Wishnefsky's motion to dismiss Wishnefsky in his official capacity for personal liability claims is GRANTED. Plaintiff may only ~ bring personal liability claims against Defendant Wishnefsky in his individual capacity. 3. This case is REMANDED to Magistrate Judge Carlson for further proceedings consistent with this Order. Signed by Honorable Robert D. Mariani on 12/15/14 (jfg)
November 18, 2014	Receipt of payment from JAMEL BROCKINGTON in the amount of $15.00 for PLRA CIVIL FILING FEE. Transaction posted on 11/17/2014. Receipt number 333041165 processed by tscott. (jjs, )
October 20, 2014	Filing 63 Request for production of documents by Jamel Brockington. (Attachments: #1 Interrogatories)(bg)
October 20, 2014	Filing 62 MOTION for Discovery by Jamel Brockington.(bg)
October 8, 2014	Filing 61 REPORT AND RECOMMENDATION re #54 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Rule 12(b)(6) filed by Wishenfsky - IT IS RECOMMENDED that the defendants motion to dismiss (Doc. 54.), be GRANTED, in part, and DENIED, in part, as follows: 1. The motion to dismiss should be denied with respect to the defendants Eighth Amendment excessive force and retaliation claims, as well as the affirmative defense of failure to exhaust administrative remedies, but this denial should be without prejudice to the defendants filing a fully documented summary judgment motion addressing these issues. 2. The motion to dismiss should be granted with respect to any allegedverbal harassment claims or official capacity personal liability claims made by the plaintiff, and only personal liability claims made against defendants in their individual capacities should be permitted to proceed forward. Objections to R&R due by 10/27/2014. Signed by Magistrate Judge Martin C. Carlson on October 8, 2014. (kjn)
September 10, 2014	Filing 60 Letter dated 9/4/2014 to L. Potoeski from Jamel Brockington re: Motion to Dismiss (bg)
August 15, 2014	Receipt of payment from JAMEL BROCKINGTON in the amount of $26.30 for PLRA CIVIL FILING FEE. Transaction posted on 8/14/2014. Receipt number 333039569 processed by gangeli. (jjs, )
August 7, 2014	Filing 59 Letter from Jamel Brockington re: Motion to dismiss (bg)
August 4, 2014	Filing 58 Letter dated 7/27/2014 from Mr. Brockington re: prison mail (bg)
July 14, 2014	Receipt of payment from JAMEL BROCKINGTON in the amount of $2.10 for PLRA CIVIL FILING FEE. Transaction posted on 7/11/2014. Receipt number 333038994 processed by gangeli. (jjs, )
June 16, 2014	Receipt of payment from JAMEL BROCKINGTON in the amount of $1.11 for PLRA CIVIL FILING FEE. Transaction posted on 6/13/2014. Receipt number 333038485 processed by gangeli. (jjs, )
May 16, 2014	DOCKET ANNOTATION: Doc. 58 deleted - filed in wrong case. (pjr)
May 15, 2014	Filing 57 BRIEF IN OPPOSITION re #54 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Rule 12(b)(6) filed by Jamel Brockington.(pjr)
May 13, 2014	Receipt of payment from JAMEL BROCKINGTON in the amount of $0.40 for PLRA CIVIL FILING FEE. Transaction posted on 5/12/2014. Receipt number 333037828 processed by tscott. (jjs, )
May 5, 2014	Filing 56 APPENDIX by Wishenfsky. to #55 Brief in Support . (Tilghman, Julie)
May 5, 2014	Filing 55 BRIEF IN SUPPORT re #54 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Rule 12(b)(6) filed by Wishenfsky.(Tilghman, Julie)
April 21, 2014	Filing 54 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Rule 12(b)(6) by Wishenfsky. (Attachments: #1 Proposed Order)(Tilghman, Julie)
April 2, 2014	Receipt of payment from JAMEL BROCKINGTON in the amount of $30.00 for PLRA CIVIL FILING FEE. Transaction posted on 4/1/2014. Receipt number 333036943 processed by tscott. (jjs, )
March 21, 2014	Filing 53 ORDER 1. The Report & Recommendation (Doc. B) is ADOPTED. 2. Plaintiff's Motion for leave to file an amended complaint (Doc. 43) is GRANTED, for the reasons discussed therein. 3. The Court notes that Plaintiff has already submitted an Amended Complaint (Doc. 51). Such complaint is deemed timely filed. 4. Defendant shall file an answer or other dispositive motion, within 30 days of the filing of the date of this Order. 5. This case is REMANDED to Magistrate Judge Carlson for further proceedings consistent with this Order.Signed by Honorable Robert D. Mariani on 3/21/14 (jfg)
March 10, 2014	Filing 52 Letter dated 3/4/2014 from Jamel Brockington re: amended complaint (bg)
March 3, 2014	Filing 51 AMENDED COMPLAINT against Jane/ John Doe and Wishenfsky, filed by Jamel Brockington. (Attachments: #1 Exhibit(s), #2 Letter to Court).(ams)
February 6, 2014	Receipt of payment from JAMEL BROCKINGTON in the amount of $1.80 for PLRA CIVIL FILING FEE. Transaction posted on 2/5/2014. Receipt number 333035799 processed by rmiller. (jjs, )
January 9, 2014	Filing 50 REQUEST for copy of the docket by Jamel Brockington. Copy mailed on 1/9/2014 (bg)
January 9, 2014	Filing 49 REPORT AND RECOMMENDATION - IT IS HEREBY RECOMMENDED THAT plaintiffs motion for leave to amend, (Doc. #43 ), be GRANTED. IT IS FURTHER RECOMMENDED that, if the defendant wishes to pursue this affirmative defense of exhaustion of administrative remedies, the defendant be directed to file an initial dispositive motion, in the nature of a motion to dismiss, or in the alternative for summary judgment, fully addressing this affirmative defense within 30 days of the filing of the amended complaint. Objections to R&R due by 1/27/2014. Signed by Magistrate Judge Martin C. Carlson on January 9, 2014. (kjn)
December 26, 2013	Filing 48 Letter from Jamel Brockington requesting copy of docket entries filed. (Attachments: #1 Letter to Jamel Brockington) (pjr)
December 2, 2013	Filing 47 REPLY BRIEF re #43 MOTION to Amend/Correct #1 Complaint filed by Jamel Brockington.(pjr)
November 13, 2013	Filing 46 BRIEF IN OPPOSITION re #43 MOTION to Amend/Correct #1 Complaint filed by Wishenfsky.(Tilghman, Julie)
November 12, 2013	Filing 45 BRIEF IN SUPPORT re #43 MOTION to Amend/Correct #1 Complaint filed by Jamel Brockington.(pjr)
October 31, 2013	Filing 44 ORDER re #43 MOTION to Amend/Correct #1 Complaint filed by Jamel Brockington. IT IS ORDERED as follows: With respect to this motion, the defendants shall file a response to the motion in accordance with Local Rule 7.6 on or before November 13, 2013. Pursuant to Local Rule 7.7 the movant may then file reply briefs fourteen days after the filing of the plaintiffs brief, on or before November 27, 2013. Signed by Magistrate Judge Martin C. Carlson on October 31, 2013. (kjn) Modified on 10/31/2013 (kjn). (Main Document 44 replaced on 10/31/2013) (kjn).
October 30, 2013	Filing 43 MOTION to Amend/Correct #1 Complaint by Jamel Brockington. (Attachments: #1 Proposed Amended Complaint)(bg)
October 11, 2013	Filing 42 ORDER re: #40 Motion to Amend Complaint - Since the relief sought in the plaintiffs motion is unclear and the motion was not accompanied by either a proposed amended complaint or brief which would have explained his entitlement to relief, as required by the local rules, the motion (Doc. 40) is DEEMED WITHDRAWN and DISMISSED, without prejudice to Brockington attempting to file a proper motion which complies with the rules of this court. Signed by Magistrate Judge Martin C. Carlson on October 11, 2013. (kjn)
September 25, 2013	DOCKET ANNOTATION: Case Reopened and Referred to Chief Magistrate Judge Martin C. Carlson. (admin, )
September 23, 2013	Filing 41 REQUEST for copy of the docket by Jamel Brockington. Copy of the docket mailed on 9/23/13 (bg)
September 5, 2013	Filing 40 MOTION for leave to Amend/Correct #1 Complaint by Jamel Brockington.(bg)
August 12, 2013	Filing 39 RECEIPT LETTER $ 26.00, receipt number 333031876 Brockington Partial filing fee 8/12/13 (bg)
August 1, 2013	Filing 38 Letter from Jamel Brockington re: filing procedures (bg)
April 15, 2013	Filing 37 Letter from L. Potoeski in response to plaintiff's requests for copies of documents. (lp)
April 11, 2013	Filing 36 REQUEST for copy of Complaint and all motions submitted by Jamel Brockington. (lh)
November 21, 2012	Filing 35 NOTICE of Voluntary Dismissal by Jamel Brockington (bg)
November 13, 2012	Filing 34 Letter from L. Potoeski in response to plaintiff's correspondence. (lp)
November 9, 2012	Filing 33 Letter from Jamel Brockington dated 11/5/12 re: prison conditions. (lh)
October 19, 2012	Filing 32 ORDER granting #31 Motion for Extension of Time to File Response/Reply re #26 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) Brief in Opposition due by 11/21/2012Signed by Honorable Robert D. Mariani on 10/19/2012 (bg, )
October 17, 2012	Filing 31 MOTION for Extension of Time to File Brief to #26 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) filed by Jamel Brockington.(bg, )
September 20, 2012	Filing 30 ORDER 1. Plaintiffs Motion for an Extension of Time (Doc. 29) is GRANTED.2. On or before October 22,2012, Plaintiff shall file his brief in opposition to Defendant's Motion to Dismiss (Doc. 26).Signed by Honorable Robert D. Mariani on 9/20/12 (jfg)
September 18, 2012	Filing 29 MOTION for Extension of Time to File Brief to #26 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) filed by Jamel Brockington.(bg, )
September 5, 2012	Filing 28 APPENDIX by Wishenfsky. to #27 Brief in Support . (Tilghman, Julie)
September 5, 2012	Filing 27 BRIEF IN SUPPORT re #26 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) filed by Wishenfsky.(Tilghman, Julie)
August 27, 2012	Filing 26 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) by Wishenfsky. (Attachments: #1 Proposed Order)(Tilghman, Julie)
August 13, 2012	Filing 25 REQUEST for copy of docket sheet by Jamel Brockington. (lh, )
August 13, 2012	Filing 24 WAIVER OF SERVICE Returned by Jamel Brockington. (lh, )
August 8, 2012	Filing 23 WAIVER OF SERVICE Returned by Wishenfsky. Wishenfsky waiver sent on 6/28/2012, answer due 8/27/2012. (Tilghman, Julie)
August 8, 2012	Filing 22 NOTICE of Appearance by Julie R. Tilghman on behalf of Wishenfsky. (Tilghman, Julie)
June 27, 2012	Summons Reissued as to Wishenfsky. (ts, )
June 25, 2012	Filing 21 Letter from Jamel Brockington re: service of summomns (bg, )
June 4, 2012	Filing 20 Declaration for Entry of Default by Jamel Brockington.. (bg, )
May 31, 2012	Filing 19 Letter from L. Potoeski in response to plaintiff's letter. (lp, )
May 30, 2012	Filing 18 Letter dated 5/26/2012 from Jamel Brockington (bg, )
May 11, 2012	Filing 17 Letter from Jamel Brockington, Re: Receipt of Amended Complaint. (ga, )
May 11, 2012	Summons Issued as to Wishenfsky and provided to USM for service on Defendant(s). (ts, )
May 10, 2012	Filing 16 ORDER The United States Marshals Service shall serve the Amended Complaint #15 on Defendant WishenfskySigned by Honorable Robert D. Mariani on 5/10/12. (ts, )
May 4, 2012	Filing 15 AMENDED COMPLAINT against Wishenfsky, filed by Jamel Brockington.(ga, )
April 10, 2012	Filing 14 ORDER 1. Plaintiffs Motion for an Extension of Time (Doc. 13) is GRANTED.2. On or before May 21,2012, Plaintiff may file an amended complaint in accordance with our March 29, 2012 Memorandum and Order (Doc. 8). 3.Plaintiffs failure to file an amended complaint within the required time will result in the dismissal of this action pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). Signed by Honorable Robert D. Mariani on 4/10/12 (jfg)
April 6, 2012	Filing 13 MOTION for Extension of Time to Amend #1 Complaint by Jamel Brockington.(bg, )
April 5, 2012	Filing 12 ORDER upon consideration of Plaintiff's Motion to Appoint Counsel (Doc. 10), which is dated March 28, 2012, in light of our denial of Plaintiff's previously submitted Motion to Appoint Counsel (Doc. 3) by Memorandum and Order dated March 29, 2012 (Doc. 8), it is hereby ORDERED that Plaintiffs Motion (Doc. 10) is DENIED as moot.Signed by Honorable Robert D. Mariani on 4/5/12 (jfg)
April 3, 2012	Filing 11 Letter from Jamel Brockington dated 3/28/12 re: filing procedures. (lh, )
April 3, 2012	Filing 10 MOTION to Appoint Counsel by Jamel Brockington.(lh, )
March 29, 2012	Filing 9 Letter dated 3/27/2012 from Jamel Brockington (bg, )
March 29, 2012	Filing 8 MEMORANDUM AND ORDER granting #2 Motion for Leave to Proceed in forma pauperis; denying #3 Motion to Appoint Counsel. 1.Plaintiffs Motion for leave to proceed in forma pauperis (Doc. 2) is construed as a request to proceed without full prepayment of fees and costs and is GRANTED.2.Plaintiffs Complaint (Doc. 1) is DISMISSED under 28 U.S.C. 1915(e)(2)(8)(ii) for failure to state a claim upon which relief may be granted.3.Within twentyone (21) days from the date of this Order, Plaintiff may file an amended complaint in accordance with the foregoing Memorandum.4.The Clerk of Court shall mail to Plaintiff two (2) copies of this Court's civil rights complaint form which he shall use in preparing any amended complaint he may file.5.Failure to file an amended complaint as directed within the required time will result in the dismissal of this action pursuant to 28 U.S.C. 1915(e)(2)(8)(ii).6.Plaintiffs Motion to Appoint Counsel (Doc. 3) is DENIED without prejudice. Amended Complaint due by 4/19/2012.Signed by Honorable Robert D. Mariani on 3/29/2012 (bg, )
March 29, 2012	DOCKET ANNOTATION: (2) Civil Rights Complaint forms mailed to Jamel Brockington per Order of Court (bg, )
March 26, 2012	Filing 7 RECEIPT LETTER $ 24.01, receipt number 333022786 Brockington Partial filing fee 3/26/2012 (bg, )
March 19, 2012	Filing 6 ADMINISTRATIVE ORDER sent to Prison Superintendent/Warden (lh, )
March 16, 2012	Filing 5 STANDING PRACTICE ORDER sent to Jamel Brockingto non 3/16/12. (lh, )
March 16, 2012	Filing 4 PRISONER AUTHORIZATION by Jamel Brockington 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.. (lh, )
March 16, 2012	Filing 3 MOTION to Appoint Counsel by Jamel Brockington.(lh, )
March 16, 2012	Filing 2 MOTION for Leave to Proceed in forma pauperis by Jamel Brockington.(lh, )
March 16, 2012	Filing 1 COMPLAINT against All Defendants, filed by Jamel Brockington.(lh, )

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Search for this case: Brockington v. Wishenfsky et al
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Plaintiff: Jamel Brockington
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Defendant: CO Wishenfsky
Represented By:	Julie R. Tilghman
Represented By:	Vincent R Mazeski
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Defendant: Ms. Desanti
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Defendant: MS. Heenan
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Defendant: Ms. Tobias
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Defendant: Superintendent Kerestes
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Defendant: Robin M. Lewis
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Defendant: C.O. Brown
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Defendant: Pennsylvania Department of Corrections
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Defendant: Nurse Jane/ John Doe
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