Henry, III v. Pennsylvania Department of Corrections et al
| Paul J. Henry, III |
| Pennsylvania Department of Corrections, Laurel Harry, George M. Little, Bradley Booher, Morris Houser, Holly Quist, Curtis Grice, Robert Williamson, Captain Bookheimer, Lieutenant Kauffman, J. Schneck, Zackary J. Moslak, Stewart Boone, Jacqueline Burd, Nadine Ramirez and Hannah Bingman-Forskey |
| 3:2024cv00301 |
| February 20, 2024 |
| US District Court for the Middle District of Pennsylvania |
| CA |
| Robert D Mariani |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
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Filing 15
ORDER denying #2 Motion For Preliminary Injunction. Signed by Honorable Robert D Mariani on 4/11/2024 (cp)
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Filing 14
ORDER DENYING #12 Motion for Reconsideration; GRANTING #13 MOTION for Extension of Time to File Amended Complaint filed by Paul J. Henry, III Plaintiff is granted leave to file an amended complaint on or before Monday, 4/22/2024. Any amended complaint shall comply with the Federal Rules of Civil Procedure, specifically Rules 8 and 20 as detailed in the Courts March 5, 2024 Memorandum and Order (Docs. 7, 8); The amended complaint shall contain the same case number that is already assigned to this action, 3:24-cv-301, shall be direct and concise, and shall stand alone without reference to any other document filed in this matter; Plaintiff is admonished that failure to amend his pleading to cure the deficiencies identified in the Courts 3/5/2024 Memorandum may result in dismissal of the complaint for failure to comply with Rule 8(a) or severance of improperly joined Defendants under Federal Rule of Civil Procedure 21. Signed by Honorable Robert D Mariani on 3/22/2024 (cac)
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| Filing 13 MOTION for Extension of Time to File Amended Complaint by Paul J. Henry, III.(cp) |
| Filing 12 MOTION for Reconsideration of #1 Original Complaint by Paul J. Henry, III.(cp) |
| Filing 11 CERTIFIED Prisoner Trust Fund Account Statement by Paul J. Henry, III. (cp) |
| Filing 10 UNCERTIFIED Prisoner Trust Fund Account Statement by Paul J. Henry, III. (cp) |
| Filing 9 BRIEF IN SUPPORT re #2 MOTION For preliminary injunction filed by Paul J. Henry, III.(cp) |
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Filing 8
ORDER (memorandum filed previously as separate docket entry) upon consideration of Plaintiffs complaint Doc. #1 and motion Doc. #4 to proceed in forma pauperis, and for the reasons stated in the Courts Memorandum of todays date, IT IS HEREBY ORDERED THAT: Plaintiffs application Doc. #4 to proceed in forma pauperis is GRANTED. Plaintiff is granted leave to file an amended complaint on or before Tuesday, March 19, 2024. Any amended complaint shall comply with the Federal Rules of Civil Procedure, specifically Rules 8 and 20 as detailed in the accompanying Memorandum. The amended complaint shall contain the same case number that is already assigned to this action, 3:24-cv-301, shall be direct and concise, and shall stand alone without reference to any other document filed in this matter. Plaintiff is admonished that failure to amend his pleading to cure the deficiencies identified in the accompanying Memorandum may result in dismissal of the complaint for failure to comply with Rule 8(a) or severance of improperly joined Defendants under Federal Rule of Civil Procedure 21. Signed by Honorable Robert D Mariani on 3/5/2024. (cac)
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| Filing 7 MEMORANDUM (Order to follow as separate docket entry) Signed by Honorable Robert D Mariani on 3/5/2024. (cac) |
| Filing 6 FIFTEEN (15) DAY ADMINISTRATIVE ORDER - Within 15 days of the date of this Order, the Warden or other appropriate official of the institution at which Plaintiff is currently incarcerated is directed to provide to the Court, under oath, or declare under penalty of perjury, a statement of the current balance in the Plaintiffs account and a record of the transactions in his account that have occurred with the preceding six (6) months. Order sent to Warden and plaintiff. Signed by LP on 02/21/2024. (lp) |
| Filing 5 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) (lp) |
| Filing 4 CERTIFIED MOTION for Leave to Proceed in forma pauperis by Paul J. Henry, III.(lp) Modified on 2/21/2024 (lp). |
| Filing 3 AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff. (lp) Modified on 2/21/2024 (lp). |
| Filing 2 MOTION For preliminary injunction (with attached proposed order) by Paul J. Henry, III.(lp) Modified on 2/21/2024 (lp). |
| Filing 1 COMPLAINT (Part 1) against All Defendants lodged pending the disposition of the Motion for In Forma Pauperis, filed by Paul J. Henry, III. (Attachments: Part 2 and Part 3 (including certifications, signature pages and copy of envelope))(lp) Modified on 2/20/2024 (lp). (Additional attachment(s) added on 2/20/2024: #3 List of Attachments, #4 Doc. 1 - Page Letter dated 12/25/19 to Judge Bortner, #5 Doc. 2 - 5 Page Letter date4d 5/5/21 to Clerk of Court, #6 Doc. 3 - 1 page Inmate Account Statement for June 2021, #7 Doc. 4 - 5 Page letter to Superintendent Harry 07/15/21, #8 Doc. 6 - 2 Pages, UPS Shipping Label, Inmate Transfer Tag, and DC-153M INventory Sheet No. A251688, #9 Doc. 7 - 6 page letter, Ref. 4922389, #13 of Mom's letters, #10 Doc. 8 - 7 page DC-138 cash slip dated 9/27/23, #11 Doc. 9 - 7 page OOR Envelope dated 11/29/21, #12 Doc. 10- 6 page letter from mom postmarked 12/20/21 REF: 3317321, #13 Doc. 11 - 7 page DC-135A Request Slip dated 11/30/21, #14 Doc. 12 - 2 page letter to Maj. Grice dated 2/10/22, #15 Doc. 13 - 7 page DC-135A Request Slip dated 11/30/21, #16 Doc. 14 - 7 page DC-135A Request Slip dated 12/19/21, #17 Doc. 15- 8 pages letter, postmarked 11/2/21, REF: 3202343, #18 Doc. 16-5 pages letter, envelope #24, 2/1/22, REF: 3412997) (lp). (Additional attachment(s) added on 2/20/2024: #19 Doc. 17 - 7 page DC-154A, No. B841506, 3/3/22, #20 Doc. 18 - 3 pages, PPS 4/30/22, REF: 3611264, #21 Doc. 19 - 1 page DC-141, Final Misconduct Appeal D693631, 3/17/22, #22 Doc. 20 - 7 page, Chief Hearing Examiner's Decision 5/4/22, #23 Doc. 21 - 7 page, mail document removed by Boone 3/14/22, #24 Doc. 22 - 2 pages, photographs of Box #7 and Rejected Box #2, #25 Doc. 23 - 7 page Pratt's letter dated 3/25/22, #26 Doc. 24 - 7 page, DC-135A Request Slip dated 4/2/22, #27 Doc. 25 - 1 page DC-135A Request Slip dated 4/10/22, #28 Doc. 26- 1 page DC-135A Request Slip dated 3/24/22, #29 Doc. 27 - 1 page DC-135A Request Slip dated 3/19/22, #31 Doc. 28 - 1 page Boone's Initial Review Response 3/8/22, #32 Doc. 29 - 1 page photograph of Trajectory Rod, #34 Doc. 30 - 1 page photograph of Trajectory Rod w/PSP Trooper) (lp). (Additional attachment(s) added on 2/20/2024: #35 Doc. 31 - 1 page Law Library Pass Dated 11/4/23, #36 Doc. 32 - 1 page Desktop Screensht dated 11/4/23, #37 Doc. 33 - 1 page Law Library Closed Sign, #38 Doc. 34 - 9 pages Letter to Secretary Harry date4d 12/8/23, #39 Doc. 35 - 1 page DC-135A Request Slip dated 10/11/23, #40 Doc. 36 - 2 pages Mitchell's letter dated 1/11/24, #41 Doc. 37 - 1 page DC-135A Request Slip dated 11/11/22, #42 Doc. 38 - 1 page DC-804 Grievance Form, #44 Doc. 39 - 1 page SOIGA Response dated 2/11/22, #45 Doc. 40 - 1 page DC-138A- Cash Slip dated 1/6/22, #46 Doc. 41 - 1 page Facility Managers Response No. 939776 dated 10/13/21, #47 Doc. 42 - 3 pages No. 950103, 955020, 953372, Facility Managers Responses dated 12/14/21 and 10/19/22, #48 Doc. 43 - 1 page Second Grievance Rejection No. 965407, 2/7/22, #49 Doc. 44 - 2 pages DC135A and Attachment dated 6/10/23, #50 Doc. 45 - 1 page DC-141 Discplinary Hearing Report (Guilty) No. D693631, 3/17/22, #51 Doc. 46 - 1 page Inital Review Response No. 958975 12/15/21) (Additional attachment(s) added on 2/21/2024: #52 Doc. 47 - 1 page DC-135A Request Slip dated 8/17/21, #53 Doc. 48 - 1 page DC-138A Cash Slip dated 1/27/22, #54 Doc. 49 - 2 pages Initial Review Response No. 955020, 11/30/21, #55 Doc. 50 - 2 pages DC-138A Cash Slip dated 12/9/23, #56 Doc. 51 - 1 page Monthly Account Statement for December 2023, #57 Doc. 52 - 2 pages Mailguard Tracker REF: 3397722, #58 Doc. 53 - 1 page DC-135A Request Slip dated 7/1/23, #59 Doc. 54 - 1 page DC-135A Request Slip dated 7/11/23, #60 Doc. 55 - 2 pages DC-135A Request Slip dated 6/10/23 *(See Doc. 44 which is this document), #61 Doc. 56- 1 page letter fro staff assistant dated 12/19/23, #62 Doc. 57 - 1 page DC-154A Confiscation Receipt No. c292897, #63 Doc. 58 - 1 page DC-153M Property Inventory No. A474409, #64 Doc. 59 - 1 page DC-43 Correction Plans No. NK6348, 6/1/23, #65 Doc. 60 2 pages Tracking No. 7021 1970 0001 5928 7061, accepted by SPC Tugn Refused, cash slip) (lp). |
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