Houser v. Wetzel et al
| Darien Houser |
| John E. Wetzel, Jeffrey A. Beard, Martin F. Horn and Pennsylvania Department of Corrections |
| 3:2024cv00603 |
| April 9, 2024 |
| US District Court for the Middle District of Pennsylvania |
| Martin C Carlson |
| Prisoner Civil Rights (Prison Conditions) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.
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Filing 192
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #172 Report and Recommendations, ; granting #172 Report and Recommendations. In accordance with the memorandum filed the same day it is hereby ordered that the Report and Recommendation of Judge Carlson, (Doc. 172), is ADOPTED IN ITS ENTIRETY as the decision of the Court. Plaintiffs objections, (Doc. 175), are OVERRULED, and Plaintiffs claims will be SEVERED. George Lopezs claims shall proceed in this action, No. 3:21-CV-01819, and the Clerk of Court is DIRECTED to open new civil actions for each of the remaining Plaintiffs. Signed by Honorable Karoline Mehalchick on 4/4/2024. (cw)
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| Filing 191 MEMORANDUM (Order to follow as separate docket entry) re #172 REPORT AND RECOMMENDATIONS re #1 Complaint,,, filed by George Ivan Lopez, Jose Uderra, Richard A. Poplawski, Ralph Stokes, Gerald Watkins, Darien Houser Signed by Honorable Karoline Mehalchick on 4/4/2024. (cw) |
| Filing 190 OBJECTIONS by George Ivan Lopez. to #185 Brief in Opposition,. (Attachments: #1 Exhibit(s))(ll) |
| Filing 189 REPLY BRIEF re #174 MOTION PLAINTIFF CONSOLIDATED NOTICE TO THE COURT AND MOTION FOR DISCOVERY AND APPOINTMENT OF COUNSEL filed by George Ivan Lopez.(ll) |
| Filing 188 Copy Request Received from George Ivan Lopez (Attachments: #1 Cost for copies, sent to George Lopez) (ll) |
| Filing 187 LETTER IN APPLICATION, NOTICE TO THE COURT AND OBJECTIONS TO DEFENDANTS DEMAND TO MAKE CORRECTIONS AGAIN TO THE DECEMBER 22, 2023 DEPOSITION HEARING TRANSCRIPTS by Darien Houser. (ll) |
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Filing 186
ORDER granting #184 Motion to Extend Time Motions due by 4/29/2024. Signed by Honorable Karoline Mehalchick on 2/29/2024 (cw)
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| Filing 185 BRIEF IN OPPOSITION re #182 MOTION to Compel Discovery filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Exhibit(s) Def response to PROD, #2 Exhibit(s) D Feb 26 Letter_grievances, #3 Exhibit(s) Lopez grievance chart)(Adams, Kimberly) |
| Filing 184 MOTION for Extension of Time to dispositive motion deadline by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Proposed Order)(Adams, Kimberly) |
| Filing 183 BRIEF IN SUPPORT re #182 MOTION to Compel Discovery filed by George Ivan Lopez. (Attachments: #1 Exhibit(s))(ll) (Attachment 1 replaced on 2/27/2024) (ll). |
| Filing 182 MOTION to Compel Discovery by George Ivan Lopez.(ll) |
| Filing 181 NOTICE of Change of Address by Gerald Watkins (ep) |
| Filing 180 NOTICE of Change of Address by Richard A. Poplawski. Data base updated. (ma) |
| Filing 179 NOTICE of Change of Address by Ralph Stokes (ep) |
| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Karoline Mehalchick for all further proceedings. (jw) |
| Filing 178 NOTICE filed by George Ivan Lopez. (aaa) |
| Filing 177 NOTICE "Plaintiff's Emergency Notice to the Court" re telephone deposition on 12/19/2023 by Darien Houser. (ll) |
| Filing 176 NOTICE re Report and Recommendations filed by George Ivan Lopez. (sh) |
| Filing 175 RESPONSE by Darien Houser to #174 Brief in Opposition, #172 REPORT AND RECOMMENDATIONS re #1 Complaint,,, filed by George Ivan Lopez, Jose Uderra, Richard A. Poplawski, Ralph Stokes, Gerald Watkins, Darien Houser. (ll) |
| Filing 174 BRIEF IN OPPOSITION re #173 MOTION PLAINTIFF CONSOLIDATED NOTICE TO THE COURT AND MOTION FOR DISCOVERY AND APPOINTMENT OF COUNSEL, #167 MOTION to Compel Discovery filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel.(Adams, Kimberly) |
| Filing 173 MOTION FOR DISCOVERY AND APPOINTMENT OF COUNSEL AND PLAINTIFFS CONSOLIDATED NOTICE TO THE COURT by Darien Houser.(ll) |
| Filing 172 REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED that that the increasingly discordant claims of these six inmate plaintiffs be severed into six separate complaints. Objections to R&R due by 1/8/2024. Signed by Magistrate Judge Martin C Carlson on 12/20/23. (rw) |
| Filing 171 NOTICE by George Ivan Lopez re #159 Order, Terminate Motions, Set Motion and R&R Deadlines/Hearings, (ll) |
| Filing 170 RESPONSE by George Ivan Lopez to #160 Order, Terminate Motions. (ll) |
| Filing 169 Lead Plaintiff in the Interest of Justice and Fairness Hereby Moves the Honorable Court to Decide Pending motion filed pursuant to F. R. C. P. 21. by George Ivan Lopez. (Attachments: #1 Proposed Order)(rw) |
| Filing 168 BRIEF IN OPPOSITION re #167 MOTION to Compel Discovery filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel.(Adams, Kimberly) |
| Filing 167 MOTION to Compel Discovery/Psychiatric and Medical Records and Response to this Court Memorandum Order by George Ivan Lopez.(ep) |
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Filing 166
MEMORANDUM ORDER - IT IS ORDERED that the motions for appointment of counsel filed by Lopez, #138 , #162 are DENIED at this time without prejudice to re-examining this issue at the request of the plaintiff, or sua sponte, as this litigation progresses. Signed by Magistrate Judge Martin C Carlson on 12/11/23. (rw)
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| Filing 165 RESPONSE to #160 Order, filed by Ralph Stokes.(aaa) |
| Filing 164 RESPONSE by Darien Houser to #160 Order,, Terminate Motions,. (ll) |
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Filing 163
ORDER - IT IS ORDERED as follows: The motion #161 for extension of the discovery deadlines is GRANTED and the revised discovery deadline in this case is February 5, 2024. Signed by Magistrate Judge Martin C Carlson on 12/4/23. (rw)
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| Filing 162 MOTION Leave of Court For Appointment of Temporary Counsel by George Ivan Lopez. (Attachments: #1 Declaration, #2 Exhibit(s), #3 Proposed Order)(ll) |
| Filing 161 MOTION For Extension Of Discovery Deadline October 10/17/2023 by George Ivan Lopez. (Attachments: #1 Proposed Order)(ll) |
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Filing 160
MEMORANDUM ORDER Denying Lopez's mtn to sever pltfs #135 . All of the individual pltfs are directed to individually show cause on or before 12/18/23, why their separate claims should not be severed into separate and distinct complaints. Signed by Magistrate Judge Martin C Carlson on 11/28/23. (ma)
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Filing 159
MEMORANDUM ORDER Granting in part, pltf's mtn requesting a conference #137 in that pltf is GRANTED leave to file a mtn to compel on or before 12/11/23, specifically outlining any alleged discovery failures by the dfts, along with a brsupp of the mtn to compel. The dfts will respond to any mtn to compel within 14 days. Signed by Magistrate Judge Martin C Carlson on 11/28/23. (ma)
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Filing 158
MEMORANDUM ORDER - Pltf's mtn to compel depositions of 3 prior secretaries of the DOC dfts, #147 is Denied without prejudice to the submission of a request to conduct depositions by written questions pursuant to Rule 31, provided that mtn complies with all of the requirements of Rule 31. Signed by Magistrate Judge Martin C Carlson on 11/28/23. (ma)
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Filing 157
MEMORANDUM ORDER Granting dfts' mtn to compel #133 , in part, as follows: The pltf Darien Houser is ORDERED to submit to another deposition. Pltf is ORDERED to answer all non-privileged questions posed to him. Since Pltf has placed his mental health at issue in this matter, he cannot claim privilege regarding relevant questions concerning his mental health. Failure to answer relevant questions may result in an adverse inference being drawn against Houser in this case, or the imposition of other sanctions. Only counsel who have entered an appearance in this civil litigation may participate in this deposition. Given the pltfs IFP status, the request to shift the costs of the deposition to the pltf is DENIED without prejudice to renewal of this request if necessary following the second deposition. Signed by Magistrate Judge Martin C Carlson on 11/28/23. (ma)
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Filing 156
MEMORANDUM ORDER Granting pltf's mtn for lv to file a supplemental exhibit #153 . Signed by Magistrate Judge Martin C Carlson on 11/28/23. (ma)
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Filing 155
MEMORANDUM ORDER - IT IS ORDERED that the motion #153 to file a supplemental exhibit in support of a request for appointment of counsel is GRANTED in that we will consider this information when addressing the pending request for appointment of counsel. We will address the request for appointment of counsel through a separate order. Signed by Magistrate Judge Martin C Carlson on 11/27/23. (rw)
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| Filing 154 Letter from Defense Counsel Defendant response to docket 135 and 150. (Adams, Kimberly) |
| Filing 153 MOTION for Leave to Supplemental Exhibit by George Ivan Lopez, Richard A. Poplawski. (Attachments: #1 Exhibit(s))(ll) |
| VERBAL ORDER REFERRING CASE to Magistrate Judge Martin C Carlson. (cd) |
| Filing 152 Letter from George Ivan Lopez re legal mail. (ll) |
| Filing 151 Copy Request Received from George Ivan Lopez for a copy of the docket sheet, along with a $3 check to cover the cost. Docket sheet sent to George Ivan Lopez. (ll) |
| Filing 150 REQUEST FOR LEAVE by George Ivan Lopez. (ll) |
| Filing 149 "Notificate to the Court" filed by George Ivan Lopez. (ll) |
| Filing 148 REPLY by George Ivan Lopez, Richard A. Poplawski. to #142 Brief in Opposition. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(ll) |
| Filing 147 MOTION Seeking Leave of Court to Depose All Three Defendants by George Ivan Lopez. (Attachments: #1 Proposed Order)(ll) |
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Filing 146
ORDER finding as moot #144 Motion for Extension of Time to Complete Discovery.. Signed by Chief MJ Karoline Mehalchick on 10/16/2023 (cw)
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Filing 145
ORDER granting #141 Motion for Extension of Time to Complete Discovery - All deadlines in the April 24, 2023 order are extended by a period of three months. Signed by Chief MJ Karoline Mehalchick on 10/13/2023 (cw)
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| Filing 144 MOTION for Extension of Time to Complete Discovery by Darien Houser.(ep) |
| Filing 143 Letter to court from George Ivan Lopez re case. Courtesy copy of docket sheet sent. (sh) |
| Filing 142 BRIEF IN OPPOSITION re #138 MOTION to Appoint Counsel filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel.(Adams, Kimberly) |
| Filing 141 MOTION for Extension of Time to Complete Discovery by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Proposed Order)(Adams, Kimberly) |
| DOCKET ANNOTATION: Doc 142 deleted at the request of counsel. Counsel will refile document. (sh) |
| Filing 140 Letter from George Ivan Lopez re case/discovery. (Attachments: #1 Letter sent to defendants counsel) (ll) |
| Filing 139 BRIEF IN SUPPORT re #138 Renewed MOTION to Appoint Counsel filed by George Ivan Lopez. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(ll) |
| Filing 138 Renewed MOTION to Appoint Counsel by George Ivan Lopez.(ll) |
| Filing 137 MOTION "Emergency Motion For A Hearing Pertaining To Defendants Failure To Produce Discovery" by George Ivan Lopez.(ll) |
| Filing 136 Letter from Richard Poplawski titled "Letter to Opposing Counsel". (ll) |
| Filing 135 MOTION for Leave by George Ivan Lopez. (Attachments: #1 Proposed Order)(ll) |
| Filing 134 BRIEF IN SUPPORT re #133 MOTION to Compel Discovery filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Exhibit(s) Notice of Deposition, #2 Exhibit(s) Aug 17 Transcript)(Adams, Kimberly) |
| Filing 133 MOTION to Compel Discovery by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Proposed Order)(Adams, Kimberly) |
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Filing 132
ORDER granting #131 Motion lifting stay. Signed by Chief MJ Karoline Mehalchick on 5/3/2023 (cw)
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| Filing 131 MOTION "Plaintiff's Joint Motion To Life The Discovery Stay And Proceed With All Matters Pending Before The Court" by George Ivan Lopez.(ll) |
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Filing 130
ORDER granting #129 Motion for Extension of Time to Complete Discovery. The following deadlines are hereby extended: 1.Discovery: All discovery shall be complete by October 17, 2023; 2.Dispositive Motion: All dispositive motions, together with supporting briefs shall be filed by December 16, 2023. Signed by Chief MJ Karoline Mehalchick on 4/24/2023 (ktt)
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| Filing 129 MOTION for Extension of Time to Complete Discovery by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Proposed Order, #2 Exhibit(s))(Adams, Kimberly) |
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Filing 128
ORDER - it is hereby ORDERED that Magistrate Judge Mehalchicks report (Doc. 121) is ADOPTED. Plaintiffs motions (Docs. 63, 119) for appointment of counsel are DENIED without prejudice. The motions (Docs. 94, 105) for preliminary injunctive relief are DENIED. The above-captioned action is REMANDED to Judge Mehalchick for all further pretrial proceedings including report and recommendation on dispositive motions. Signed by Honorable Christopher C. Conner on 3/31/2023 (mw)
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| Filing 127 OBJECTION to #121 Report and Recommendations by Richard A. Poplawski. (ll) |
| Filing 126 OBJECTION to #121 Report and Recommendations. (Attachments: #1 Proposed Order)(ll) |
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Filing 125
ORDER - re Accordingly, the Clerk is DIRECTED to STRIKE these discovery documents #117 Document Filed filed by Ralph Stokes, #118 Document Filed filed by Ralph Stokes, #116 Response filed by Ralph Stokes, #115 Response filed by Gerald Watkins, #114 Request for Admissions filed by George Ivan Lopez from the record. Signed by Chief MJ Karoline Mehalchick on 3/27/2023. (cw)
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| Filing 124 OBJECTION to #121 Report and Recommendations and RESPONSE to #122 Memorandum (and presumably #123 Order). (ep) |
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Filing 123
ORDER denying #93 Motion for Leave to File; denying #101 Motion to Compel Discovery; granting #120 Motion to Stay Signed by Chief MJ Karoline Mehalchick on 3/13/2023 (cw)
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| Filing 122 MEMORANDUM (Order to follow as separate docket entry) re #101 MOTION to Compel Discovery filed by George Ivan Lopez, #120 MOTION to Stay filed by George Ivan Lopez, #93 MOTION for Leave to File filed by George Ivan Lopez Signed by Chief MJ Karoline Mehalchick on 3/13/2023. (cw) |
| Filing 121 REPORT AND RECOMMENDATIONS re #119 MOTION to Appoint Counsel filed by George Ivan Lopez, #105 MOTION "Motions for Preparation by way of Communication with Other Plaintif's in the above Captioned case by way of Legal Mail and or United States Postal Mail Serivces and Represents" filed by Darien Houser, #94 MOTION for Preliminary Injunction filed by George Ivan Lopez, #63 MOTION to Appoint Counsel MOTION to Certify Class filed by George Ivan Lopez, Jose Uderra, Richard A. Poplawski, Ralph Stokes, Gerald Watkins, Darien Houser - Based on the foregoing, it is respectfully recommended that the Court deny Plaintiffs motions to appoint counsel and for class certification (Doc. 63; Doc. 119), Lopezs motion for preliminary injunction (Doc. 94), and Housers motion for preparation by way of communication with other plaintiffs in the above captioned case by way of legal mail and or United States Postal Mail Service. (Doc. 105). Objections to R&R due by 3/30/2023. Signed by Chief MJ Karoline Mehalchick on 3/13/2023. (cw) |
| Filing 120 MOTION to "Stay Of The Defendants Depose And Discovery Until The Court Decide The Plaintiffs' Appointment Of Counsel Motion" by George Ivan Lopez.(ll) |
| Filing 119 MOTION to Appoint Counsel by George Ivan Lopez.(ll) |
| Filing 118 PLAINTIFF RALPH STOKES' FIRST SET OF DOCUMENTARY REQUESTS TO DEFENDANT by Ralph Stokes.. (ll) |
| Filing 117 PLAINTIFF RALPH STOKES' FIRST SET OF ADMISSIONS TO DEFENDANT by Ralph Stokes.. (ll) |
| Filing 116 PLAINTIFF RALPH STOKES' RESPONSE TO DEFENDANTS INTERROGATORIES by Ralph Stokes. (ll) |
| Filing 115 RESPONSE To Defendants Interrogatories by Gerald Watkins. (ll) |
| Filing 114 REQUEST for Admissions by George Ivan Lopez.(ll) |
| Filing 113 NOTICE "To The Court And Plaintiff's Response to Defendants' First Set Of Interrogatories".(ll) (Main Document 113 replaced on 2/24/2023) (ll). |
| Filing 112 Letter from George Ivan Lopez to opposing counsel. (ll) |
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Filing 111
ORDER granting #109 Motion to Take Deposition from George Lopez, Darien Houser, Gerald Watkins, Ralph Stokes, Richard Poplawski, and MArk Spotz Signed by Chief MJ Karoline Mehalchick on 2/22/2023 (cw)
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| Filing 110 BRIEF IN SUPPORT re #109 MOTION to Take Deposition filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel.(Adams, Kimberly) |
| Filing 109 MOTION to Take Deposition by Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Proposed Order)(Adams, Kimberly) |
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Filing 108
SCHEDULING ORDER: Discovery due by 4/17/2023. Motions due by 6/16/2023. Signed by Chief MJ Karoline Mehalchick on 2/16/2023. (cw)
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| Filing 107 Copy Request Received from George Ivan Lopez. Docket entries 88-106 have been sent. (sh) |
| Filing 106 CERTIFICATE of Good Faith by George Ivan Lopez re #101 MOTION to Compel Discovery. (ll) |
| Filing 105 MOTION "Motions for Preparation by way of Communication with Other Plaintiff's in the above Captioned case by way of Legal Mail and or United States Postal Mail Service and Represents" by Darien Houser.(ll) |
| Filing 104 REPLY BRIEF re #101 MOTION to Compel Discovery filed by George Ivan Lopez. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order)(ll) |
| Filing 103 ANSWER to #1 Complaint,,, by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel.(Adams, Kimberly) |
| Filing 102 BRIEF IN OPPOSITION re #101 MOTION to Compel Discovery filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Adams, Kimberly) |
| Filing 101 MOTION to Compel Discovery by George Ivan Lopez. (Attachments: #1 Cover Letter/ Request for Confirmation)(ep) |
| DOCKET ANNOTATION: Per request for confirmation of receipt of documents, Docket Sheet mailed to Lopez in SASE provided; (ep) |
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Filing 100
ORDER - it is hereby ORDERED that defendants motion (Doc. 97) for reconsideration is DENIED. Signed by Honorable Christopher C. Conner on 12/27/2022 (mw)
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| Filing 99 BRIEF IN OPPOSITION re #94 MOTION for Preliminary Injunction, #93 MOTION for Leave to File filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Appendix)(Adams, Kimberly) |
| Filing 98 BRIEF IN SUPPORT re #97 MOTION for Reconsideration filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel.(Adams, Kimberly) |
| Receipt of payment from RICHARD A POPLAWSKI in the amount of $115.00 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 12/14/2022. Receipt number 333102338 processed by EP. (jjs) |
| Filing 97 MOTION for Reconsideration by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Proposed Order)(Adams, Kimberly) |
| Filing 96 VERBAL ORDER REFERRING CASE to Chief MJ Karoline Mehalchick for Pretrial Management, including report and recommendation on dispositive motions. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) Signed by Honorable Christopher C. Conner on 12/12/2022. (mw) |
| Filing 95 BRIEF IN SUPPORT re #94 MOTION for Preliminary Injunction filed by George Ivan Lopez.(ll) |
| Filing 94 MOTION for Preliminary Injunction by George Ivan Lopez.(ll) |
| Filing 93 MOTION for Leave to File A Supplemental New Retaliation Claims. by George Ivan Lopez.(ll) (Additional attachment(s) added on 12/9/2022: #1 Proposed Document) (ll). . |
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Filing 92
ORDER granting #91 Motion for Extension of Time to Answer - it is hereby ordered that said Motion is granted and the time for responding to the Complaint shall be extended until January 13, 2023. Signed by Honorable Christopher C. Conner on 12/7/2022 (mw)
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| Filing 91 MOTION for Extension of Time to File Answer re #1 Complaint,,, by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Proposed Order)(Adams, Kimberly) |
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Filing 90
ORDER - it is hereby ORDERED that defendants motion (Doc. 59) to stay discovery pending appeal is DENIED. Plaintiffs construed motion (Doc. 84-1) to strike defendants notice (Doc. 82) of supplemental authority is DENIED as moot. Signed by Honorable Christopher C. Conner on 12/7/2022 (mw)
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| Filing 89 Supplement by George Ivan Lopez. (pjr) |
| Filing 88 REPLY by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. to #85 Order on Motion for Leave to File,, . (Adams, Kimberly) |
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Filing 87
ORDER (Memorandum filed previously as separate docket entry) - it is hereby ORDERED that the Report and Recommendation of Chief Magistrate Judge Mehalchick (Doc. 53) is ADOPTED to the extent that it recommends denying defendants motion with respect to plaintiffs Eighth Amendment and statutory claims. Defendants motion (Doc. 32) to dismiss is GRANTED to the extent that plaintiffs Fourteenth Amendment claims are dismissed with prejudice. The motion is otherwise DENIED. Defendants shall respond to the complaint (Doc. 1) in accordance with the Federal Rules of Civil Procedure. Signed by Honorable Christopher C. Conner on 11/30/2022 (mw)
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| Filing 86 MEMORANDUM (Order to follow as separate docket entry). Signed by Honorable Christopher C. Conner on 11/30/2022. (mw) |
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Filing 85
ORDER - it is hereby ORDERED that plaintiffs joint motion (Doc. 84) for leave to respond is GRANTED. We will consider plaintiffs response (Doc. 84-1), which we construe as a motion to strike defendants notice (Doc. 82) of supplemental authority. Defendants shall file a response on or before Friday, December 2, 2022, showing cause why their notice (Doc. 82) of supplemental authority should not be stricken for noncompliance with Rule 7.36. Signed by Honorable Christopher C. Conner on 11/22/2022 (mw)
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| Filing 84 MOTION for Leave to File by Darien Houser, George Ivan Lopez, Richard A. Poplawski, Ralph Stokes, Gerald Watkins. (Attachments: #1 Exhibit(s) Response to Def. Notice of Supplemental Authority)(ll) |
| Filing 83 Mail Returned as Undeliverable. Document 73. Mail sent to Jose Uderra. Mail resent to new address on docket. (aaa) (Main Document 83 replaced on 1/17/2024) (ep). |
| Filing 82 Letter Supplemental Authority, FRAP 28(j). (Adams, Kimberly) |
| Filing 81 REQUEST for replacement docket sheet by George Ivan Lopez with SASE; Copy sent explaining that this one copy is free this time, but that regardless of in forma pauperis status or reason requested, in the future request would need to include payment of 10 cents per page. (ep) |
| Filing 80 REPLY BRIEF re #63 MOTION to Appoint Counsel MOTION to Certify Class filed by George Ivan Lopez.(ep) |
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Filing 79
ORDER - it is hereby ORDERED that the motion (Doc. 76) to withdraw is GRANTED and plaintiffs motion (Doc. 64) to stay is deemed withdrawn. Signed by Honorable Christopher C. Conner on 9/20/2022 (mw)
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| Filing 78 DECLARATION in support of Joint MOTION to Appoint Counsel #63 . Filed by Gerald Watkins. (ma) |
| Filing 77 Letter from George I. Lopez requesting copy of docket sheet and indicating check enclosed (check not enclosed). (dw) *courtesy docket mailed* |
| Filing 76 MOTION to Withdraw MOTION to Stay #64 by Darien Houser, George Ivan Lopez, Richard A. Poplawski, Ralph Stokes, Jose Uderra, Gerald Watkins. With c of s(ma) |
| Filing 75 BRIEF IN RESPONSE TO Defendants' OBJECTIONS re Report and Recommendations #53 by Darien Houser, George Ivan Lopez, Richard A. Poplawski, Ralph Stokes, Jose Uderra, Gerald Watkins. With c of s. (ma) |
| Filing 74 BRIEF IN SUPPORT entitled "Memorandum of Law in Support" of pltfs' mtn to appoint counsel #63 .(ma) |
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Filing 73
ORDER - it is hereby ORDERED that plaintiffs motion (Doc. 70) for extension of time is GRANTED. The plaintiffs must file their response to defendants objections by September 18, 2022. Signed by Honorable Christopher C. Conner on 9/9/2022 (mw)
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| Filing 72 BRIEF IN OPPOSITION re #59 MOTION to Stay filed by Darien Houser, George Ivan Lopez, Richard A. Poplawski, Ralph Stokes, Jose Uderra, Gerald Watkins.(ep) |
| Filing 71 BRIEF IN SUPPORT, re: Motion #70 for Extension of Time filed by George Ivan Lopez. (Attachments: #1 Exhibits)(rw) |
| Filing 70 JOINT MOTION for Extension of Time to Respond to Defendant's Objections by George Ivan Lopez. (Attachments: #1 Proposed Order)(rw) |
| Filing 69 BRIEF IN OPPOSITION re #64 MOTION to Stay filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel.(Adams, Kimberly) |
| Filing 68 BRIEF IN OPPOSITION re #63 MOTION to Appoint Counsel MOTION to Certify Class, #59 MOTION to Stay filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel.(Adams, Kimberly) |
| Filing 67 VERBAL ORDER Referring #63 MOTION to Appoint Counsel MOTION to Certify Class to Chief MJ Mehalchick for resolution. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) Signed by Honorable Christopher C. Conner on 9/2/2022. (mw) |
| Filing 66 DECLARATIONS in Support of Joint Motion for Appointment of Counsel filed by Richard Poplawski. (aaa) |
| Filing 65 BRIEF IN SUPPORT re #64 Joint MOTION to Stay Consideration of Defendants' Objections Pending Appointment of Counsel filed by Richard A. Poplawski.(aaa) |
| Filing 64 Joint MOTION to Stay Consideration of Defendants' Objections Pending Appointment of Counsel filed by Richard A. Poplawski. (Attachments: #1 Proposed Order)(aaa) |
| Filing 63 MOTION to Appoint Counsel and MOTION to Certify Class by Darien Houser, George Lopez, Richard Poplawski, Ralph Stokes, Jose Uderra, Gerald Watkins with c/s. (Doc received in the ED of PA on 8/25/2022 and transferred to the PAMD on 8/29/2022)(jw) |
| Receipt of payment from RICHARD A POPLAWSKI in the amount of $115.00 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 8/26/2022. Receipt number 333100665 processed by Regina Angeli-Riese. (jjs) |
| Filing 62 LETTERS by George Ivan Lopez mailed to countless attorneys in support of recent motion for appointment of counsel; request for confirmation of filings in the past month. **Copy of docket sheet sent explaining that this one copy is free this time, but that regardless of in forma pauperis status or reason requested, in the future request would need to include payment of 10 cents per page and include a self-addressed stamped envelope. (ep) |
| Filing 61 Mail Returned as Undeliverable (Refused). Mail #53 sent to Jose Uderra CC3832 (*PADOC online inmate locator does not list Uderra under name or inmate number) (ep) |
| Filing 60 BRIEF IN SUPPORT re #59 MOTION to Stay filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel.(Adams, Kimberly) |
| Filing 59 MOTION to Stay by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Proposed Order)(Adams, Kimberly) |
| Filing 58 OBJECTION to #53 Report and Recommendations . (Adams, Kimberly) |
| Filing 57 Mail Returned as Undeliverable (No Longer Here). Mail #52 sent to Jose Uderra CC-3832 ; (PA DOC Online Inmate Locator produces no results using Uderra's name or Registration Number) (ep) |
| Filing 56 REQUEST for Production of Documents by Gerald Watkins. (ep) |
| Filing 55 REQUEST for Production of Documents by George Ivan Lopez. (ep) |
| Filing 54 REQUEST for Production of Documents by Ralph Stokes. (ep) |
| Filing 53 REPORT AND RECOMMENDATIONS re #32 MOTION to Dismiss filed by Martin F. Horn, Pennsylvania Department of Corrections, Jeffrey A. Beard, John E. Wetzel - Based on the foregoing, it is respectfully recommended that the DOC Defendants motion to dismiss (Doc. 32) be DENIED. Objections to R&R due by 8/17/2022. Signed by Chief MJ Karoline Mehalchick on 8/3/2022. (cw) |
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Filing 52
ORDER LIFTING STAY - Accordingly, for the foregoing reasons, IT IS HEREBY ORDERED THAT: 1. The stay in the above-captioned cases is LIFTED. 2. The Clerk of Court is directed to CONSOLIDATE Spotz v. Wetzel, et al., No. 1:21-CV-01799, into Lopez, et al. v. Wetzel, et al., No. 3:21-CV-01819, pursuant to Federal Rule of Civil Procedure 42(a), for pretrial and discovery purposes only. Signed by Chief MJ Karoline Mehalchick on 8/3/2022. (cw)
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| Filing 51 Letter from George Lopez to Opposing Counsel. (gs) |
| Filing 50 STATUS REPORT by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Adams, Kimberly) |
| Filing 49 Mail Returned as Undeliverable (Sent. Comp. 4/13/22). Mail (Doc. #47 ) sent to Jose Uderra (ep) (Main Document 49 replaced on 1/17/2024) (ep). |
| Filing 48 Mail Returned as Undeliverable (Sent. Comp. 4/13/22) Mail Doc. #45 sent to Jose Uderra (ep) (Main Document 48 replaced on 1/17/2024) (ep). |
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Filing 47
ORDER granting #44 Motion for Leave to File Excess Pages Signed by Chief MJ Karoline Mehalchick on 4/26/2022 (cw)
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| Filing 46 BRIEF IN OPPOSITION re #32 MOTION to Dismiss filed by Darien Houser, George Ivan Lopez, Richard A. Poplawski, Ralph Stokes, Jose Uderra, Gerald Watkins. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(dw) |
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Filing 45
ORDER - Pursuant to the status report (Doc. 43) which was filed on April 8, 2022. IT IS HEREBY ORDERED that a status report shall be filed within thirty (30) days of todays date or on or before Friday, May 13, 2022, outlining the status of the related cases and the dispositive motions to consolidate and transfer in related cases. Status Report due by 5/13/2022. Signed by Chief MJ Karoline Mehalchick on 4/13/2022. (cw)
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| Filing 44 MOTION to Exceed Page Limitation by George Ivan Lopez. (Attachments: #1 Exhibit A - Draft Excerpt of Pltfs' Brief: Summary of the Argument, #2 Proposed Order)(ep) |
| Filing 43 STATUS REPORT by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Adams, Kimberly) |
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Filing 42
ORDER granting #41 Motion to Extend Time - AND NOW, this 15th day of March, 2022, upon consideration of Plaintiffs Motion for Extension of Time to Respond to Defendants Motion to Dismiss (Doc. 41), it is hereby ORDERED that the motion is GRANTED, and Plaintiffs shall have 60 days from the date of todays order, or until May 13, 2022, to file a response to Defendants motion. Signed by Chief MJ Karoline Mehalchick on 3/15/2022 (cw)
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| Filing 41 MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss by George Ivan Lopez. (gs) |
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Filing 40
ORDER - IT IS HEREBY ORDERED THAT: 1. Defendants' motions to stay discovery (Doc. #34 ; Doc. #36 ) are GRANTED. 2. Defendants are DIRECTED to file a status report as to the status of the related cases and the dispositive motions to consolidate and transfer in related cases on or before April 11, 2022. Signed by Chief MJ Karoline Mehalchick on 3/11/2022 (ktt)
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Filing 39
ORDER - IT IS HEREBY ORDERED THAT: 1. Plaintiffs' joint motion for apportionment of the filing fee (Doc. #26 ) is DENIED. 2. Pursuant to 28 U.S.C. 1915(b)(1) and (2), the Superintendent/Warden, or other appropriate official, at Plaintiff's place of confinement, is directed to deduct an initial partial filing fee of 20% of the greater of: a. the average monthly deposits in each inmate's prison account for the past six months, or b. the average monthly balance in each inmate's prison account for the past six months. Signed by Chief MJ Karoline Mehalchick on 3/11/2022 (ktt) (Main Document 39 replaced on 3/11/2022) (ktt).
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| Filing 38 BRIEF IN OPPOSITION re #26 MOTION for Consideration filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Proposed Order)(Adams, Kimberly) |
| Filing 37 NOTICE by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel re #31 Attorney Appearance - Entry of Appearance, #33 Brief in Support, #32 MOTION to Dismiss (Adams, Kimberly) |
| Filing 36 MOTION to Stay re #34 MOTION to Stay by John E. Wetzel. (Attachments: #1 Proposed Order)(Adams, Kimberly) |
| Filing 35 BRIEF IN SUPPORT re #34 MOTION to Stay filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel.(Adams, Kimberly) |
| Filing 34 MOTION to Stay by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections. (Attachments: #1 Proposed Order)(Adams, Kimberly) |
| Filing 33 BRIEF IN SUPPORT re #32 MOTION to Dismiss filed by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel.(Adams, Kimberly) |
| Filing 32 MOTION to Dismiss by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (Attachments: #1 Proposed Order)(Adams, Kimberly) |
| Filing 31 NOTICE of Appearance by Kimberly A. Adams on behalf of All Defendants (Adams, Kimberly) |
| Filing 30 WAIVER OF SERVICE Returned by John E. Wetzel, Martin F. Horn, Jeffrey A. Beard, Pennsylvania Department of Corrections. (DeFelice, Chase) |
| Filing 29 DEMAND for Trial by Jury by Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel. (DeFelice, Chase) |
| Filing 28 NOTICE of Appearance by Chase M. DeFelice on behalf of Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel (DeFelice, Chase) |
| Filing 27 BRIEF IN SUPPORT re #26 MOTION for Apportionment of the Filing Fee filed by all plaintiffs. (gs) |
| Filing 26 JOINT MOTION for Apportionment of the Filing Fee filed by all plaintiffs. (Attachments: #1 Proposed Order)(gs) |
| Filing 25 Waiver of Service forms (AO 398 and 399) Mailed to Jeffrey A. Beard, Martin F. Horn, Pennsylvania Department of Corrections, John E. Wetzel with Copy of Complaint and Waiver Order; Waiver of Service due by 1/20/2022. Copy of Complaint and Waiver Order also mailed to PA State Atty General; (ep) |
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Filing 24
ORDER DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND 399 WAIVERS FORMS to defendants. ; granting #2 Motion for Leave to Proceed in forma pauperis; granting #13 Motion for Leave to Proceed in forma pauperis; granting #16 Motion for Leave to Proceed in forma pauperis; granting #18 Motion for Leave to Proceed in forma pauperis; granting #20 Motion for Leave to Proceed in forma pauperis; granting #23 Motion for Leave to Proceed in forma pauperis Signed by Chief MJ Karoline Mehalchick on 12/21/21. cc: Warden/Superintendent to arrange and begin PLRA civil filing fee payments; (ep)
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| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Christopher C. Conner for all further proceedings. Honorable Malachy E Mannion no longer assigned to case. (jw) |
| VERBAL ORDER REFERRING CASE to Chief MJ Karoline Mehalchick for pre-trial management. (jw) |
| Filing 23 UNCERTIFIED MOTION for Leave to Proceed in forma pauperis by Darien Houser.(ao) |
| Receipt of payment from GEORGE LOPEZ in the amount of $402.00 for PLRA CIVIL FILING FEE. Transaction posted on 11/17/2021. Receipt number 333078808 processed by smurphy. (jjs) |
| Filing 22 Filing fee: $ 402.00, receipt number 333078808. Complaint is now deemed FILED. (ao) Modified on 11/18/2021 (lp). FF submitted by George Lopez |
| Filing 21 (CERTIFIED) Prisoner Trust Fund Account Statement by Jose Uderra. (ep) |
| Filing 20 (CERTIFIED) MOTION for Leave to Proceed in forma pauperis by Jose Uderra.(ep) |
| Filing 19 (CERTIFIED) Prisoner Trust Fund Account Statement by Richard A. Poplawski. (ep) |
| Filing 18 (CERTIFIED) MOTION for Leave to Proceed in forma pauperis by Richard A. Poplawski.(ep) |
| Filing 17 (CERTIFIED) Prisoner Trust Fund Account Statement by Ralph Stokes. (ep) |
| Filing 16 (CERTIFIED) MOTION for Leave to Proceed in forma pauperis by Ralph Stokes.(ep) |
| Filing 15 (CERTIFIED) Prisoner Trust Fund Account Statement by Darien Houser. (ep) |
| Filing 14 (CERTIFIED) Prisoner Trust Fund Account Statement by Gerald Watkins. (ep) |
| Filing 13 (CERTIFIED) MOTION for Leave to Proceed in forma pauperis by Gerald Watkins.(ep) |
| Filing 12 Plaintiff's Inmate Account Statements by Darien Houser. (no statements were enclosed); Pltf also noted a correction to his inmate id number - a correction which Clerk's Office had already made on the docket. (ep) |
| Filing 11 FIFTEEN (15) DAY ADMINISTRATIVE ORDERPLAINTIFF HOUSER- 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 Superintendent and plaintiff. Signed by LP on 10/26/2021. (lp) |
| Filing 10 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 10/26/2021. (Attachments: #1 IFP (civil rights))(lp) |
| Filing 9 PRO SE LETTER ISSUED to each of the plaintiffs 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 8 AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff. (lp) |
| Filing 7 Joint AFFIDAVIT in Lieu of Account Statements signed by Darien Houser, George Ivan Lopez, Richard A. Poplawski, Ralph Stokes, Jose Uderra, Gerald Watkins. Plaintiff George Lopez indicating that he is barred from IFP status according to PLRA. He will be submitting the full filing fee. (lp) |
| Filing 6 Application to proceed in forma pauperis submitted by RALPH STOKES. incorrect form. (lp) |
| Filing 5 Application to proceed in forma pauperis submitted by GERALD WATKINS incorrect form. (lp) |
| Filing 4 Application to proceed in forma pauperis submitted by JOSE UDERRA. incorrect form. (lp) |
| Filing 3 Application to proceed in forma pauperis submitted by RICHARD POPLAWSKI. incorrect form. (lp) |
| Filing 2 UNCERTIFIED MOTION for Leave to Proceed in forma pauperis by Darien Houser.(lp) |
| Filing 1 COMPLAINT against All Defendants lodged pending the disposition of the Motion for In Forma Pauperis, filed by Richard A. Poplawski, Gerald Watkins, Darien Houser, George Ivan Lopez, Ralph Stokes, Jose Uderra. (Attachments: #1 Exhibit A-Psychiatric Evaluation of George Lopez submitted by Stephen Mechanick, M.D. with Curriculum Vitae, #2 Exhibit B-Psychological Evaluation of George Ivan Lopez by Anthony M. Pisa, Ph.D. dated October 23, 2000, #3 Exhibit C- Inmate's Requests to Staff Member (Psychology Dept) from Lopez dated April 10, 2020, May 17, 2020, May 27 or 28, 2020, July 14, 2020 August 10, 2020, October 18, 2020 and various previous requests to Psychology Department, #4 Exhibit D-Psychological Report of Jose Uderra by Julie B. Kessel, M.D. dated November 21, 2001)(lp) |
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