Davis v. Lowe, et al
Defendant: Craig Lowe, Corrections Lieutenant Fagan, Linda Forshay, Corrections Sergeant Wagonhoffer, Corrections Officer Fitzpatrick, Corrections Officer Maurer, D. Smith, John Doe #1, John Doe #2, Dr. Martha Turnberg, Melissa Klemm, Jaimee Hutson and Primecare Medical, Inc.
Petitioner: Damion Davis
Case Number: 4:2023cv01896
Filed: November 14, 2023
Court: US District Court for the Middle District of Pennsylvania
Presiding Judge: William I Arbuckle
Referring Judge: Julia K Munley
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 11, 2024 Filing 24 CERTIFICATE of Merit as to PrimeCare Medical, Inc. by Damion Davis . (Feldman, Matthew)
January 11, 2024 Filing 23 CERTIFICATE of Merit as to Defendant Turnberg by Damion Davis . (Feldman, Matthew)
January 11, 2024 Filing 22 CERTIFICATE of Merit as to Defendant Klemm by Damion Davis . (Feldman, Matthew)
January 11, 2024 Filing 21 CERTIFICATE of Merit as to Defendant Hutson by Damion Davis . (Feldman, Matthew)
January 11, 2024 Filing 20 SUMMONS Returned Executed Primecare Medical, Inc. served on 1/10/2024 by USM, answer due 1/31/2024. (dj)
January 11, 2024 DOCKET ANNOTATION: Document 19 titled "CERTIFICATE of Merit of Damion Davis," DELETED. Refiled as documents 20, 21, 22, 23, and 24. (caw)
January 11, 2024 DOCKET ANNOTATION: Attorney Feldman is instructed to refile each Certificate of Merit as a separate docket entry per Defendant. Once the Certificates of Merit are refiled correctly as separate docket entries, document 19 will be DELETED. (caw)
December 19, 2023 Opinion or Order Filing 18 ORDER granting #17 County Defendants' Motion for Extension of Time to File a Response to Plaintiff's Complaint. The County Defendants' response to Plaintiff's Complaint is now due on or before 2/6/2024. Signed by Magistrate Judge William I. Arbuckle on 12/19/2023. (caw)
December 19, 2023 Filing 17 MOTION for Extension of Time to File Answer re #1 Complaint by Corrections Lieutenant Fagan, Corrections Officer Fitzpatrick, Linda Forshay, Craig Lowe, Corrections Officer Maurer, D. Smith, Corrections Sergeant Wagonhoffer. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence)(Kozlowski, Mark)
December 19, 2023 Filing 16 WAIVER OF SERVICE Returned by D. Smith. D. Smith waiver sent on 12/8/2023, answer due 2/6/2024. (Kozlowski, Mark)
December 19, 2023 VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Julia K Munley and referred to Magistrate Judge William I. Arbuckle as one or more parties have not consented to the jurisdiction of a U.S. Magistrate Judge. (jkc)
December 12, 2023 Filing 15 STIPULATION for Early Discovery by Damion Davis. (Wright, Evangeline)
December 7, 2023 Filing 14 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to All Parties 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 1/8/2024. (caw)
December 7, 2023 Filing 13 DEMAND for Trial by Jury by Corrections Lieutenant Fagan, Corrections Officer Fitzpatrick, Linda Forshay, Craig Lowe, Corrections Officer Maurer, D. Smith, Corrections Sergeant Wagonhoffer. (Kozlowski, Mark)
December 7, 2023 Filing 12 NOTICE of Appearance by Mark Joseph Kozlowski on behalf of Corrections Lieutenant Fagan, Corrections Officer Fitzpatrick, Linda Forshay, Craig Lowe, Corrections Officer Maurer, D. Smith, Corrections Sergeant Wagonhoffer (Kozlowski, Mark)
December 6, 2023 Opinion or Order Filing 11 ORDER - IT IS ORDERED that Plaintiff will file with the Court a document indicating the correct address for Defendant Smith on or before 12/26/2023. Failure to comply may result in the dismissal of Plaintiff's claims against this Defendant pursuant to Federal Rule of Civil Procedure 4(m). PLEASE SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge William I. Arbuckle on 12/6/2023. (caw)
December 1, 2023 Filing 10 SUMMONS Returned Executed as to Corrections Lieutenant Fagan served on 11/29/2023, answer due 12/20/2023; Corrections Officer Fitzpatrick served on 11/29/2023, answer due 12/20/2023; Linda Forshay served on 11/29/2023, answer due 12/20/2023; Craig Lowe served on 11/29/2023, answer due 12/20/2023; Corrections Officer Maurer served on 11/29/2023, answer due 12/20/2023; Corrections Sergeant Wagonhoffer served on 11/29/2023, answer due 12/20/2023. (ea)
November 27, 2023 Filing 9 Summons Returned Unexecuted by US Marshal Service as to D. Smith, Corrections Officer. D. Smith is no longer employed at Pike County Correctional Facility. (jr)
November 17, 2023 Filing 8 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Primecare Medical, Inc.. (Ninosky, John)
November 17, 2023 Filing 7 WAIVER OF SERVICE Returned by Primecare Medical, Inc., Dr. Martha Turnberg, Melissa Klemm, Jaimee Hutson. Primecare Medical, Inc. waiver sent on 11/16/2023, answer due 1/16/2024; Dr. Martha Turnberg waiver sent on 11/16/2023, answer due 1/16/2024; Melissa Klemm waiver sent on 11/16/2023, answer due 1/16/2024; Jaimee Hutson waiver sent on 11/16/2023, answer due 1/16/2024. (Ninosky, John)
November 17, 2023 Filing 6 NOTICE of Appearance by John R. Ninosky on behalf of Jaimee Hutson, Melissa Klemm, Primecare Medical, Inc., Dr. Martha Turnberg (Ninosky, John)
November 16, 2023 Filing 5 Summons Issued as to Corrections Lieutenant Fagan, Corrections Officer Fitzpatrick, Linda Forshay, Jaimee Hutson, Melissa Klemm, Craig Lowe, Corrections Officer Maurer, Primecare Medical, Inc., D. Smith, Dr. Martha Turnberg, Corrections Sergeant Wagonhoffer and provided TO U.S. MARSHAL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 Summons Packet) (nr)
November 16, 2023 Opinion or Order Filing 4 ORDER DIRECTING U.S. MARSHAL TO SERVE SUMMONS AND COMPLAINT - IT IS HEREBY ORDERED that #3 MOTION for Leave to Proceed in forma pauperis filed by Damion Davis is GRANTED; Clerk is directed to issue Summons, a copy of the Complaint (Doc. #1 ), notice of lawsuit and request to waive service of summons (formAO 398), waiver of the service of summons (form AO 399) and thisOrder to the U.S. Marshal Service for immediate service under Fed. R.Civ. P. 4(c)(3) on all named Defendants. In the interests of efficientadministrative judicial economy, the Court requests that the Defendantswaive service pursuant to Federal Rule of Civil Procedure 4(d). Signed by Magistrate Judge William I. Arbuckle on 11/16/2023. (nr)
November 16, 2023 DOCKET ANNOTATION: Defendants John Doe #1 and John Doe #2 not served. (nr)
November 15, 2023 Filing 3 MOTION for Leave to Proceed in forma pauperis by Damion Davis.(Wright, Evangeline)
November 15, 2023 Filing 2 (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 11/15/2023. (Attachments: #1 ifp (person no longer incarcerated))(lp)
November 15, 2023 Filing 1 COMPLAINT against All Defendants lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Damion Davis. Attachments: #1 Civil Cover Sheet)(lp) Modified on 11/15/2023 (lp).

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Search for this case: Davis v. Lowe, et al
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Petitioner: Damion Davis
Represented By: Evangeline Wright
Represented By: Matthew A. Feldman
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Defendant: Craig Lowe
Represented By: Mark Joseph Kozlowski
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Defendant: Corrections Lieutenant Fagan
Represented By: Mark Joseph Kozlowski
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Defendant: Linda Forshay
Represented By: Mark Joseph Kozlowski
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Defendant: Corrections Sergeant Wagonhoffer
Represented By: Mark Joseph Kozlowski
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Defendant: Corrections Officer Fitzpatrick
Represented By: Mark Joseph Kozlowski
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Defendant: Corrections Officer Maurer
Represented By: Mark Joseph Kozlowski
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Defendant: D. Smith
Represented By: Mark Joseph Kozlowski
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Defendant: John Doe #1
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Defendant: John Doe #2
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Defendant: Dr. Martha Turnberg
Represented By: John R. Ninosky
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Defendant: Melissa Klemm
Represented By: John R. Ninosky
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Defendant: Jaimee Hutson
Represented By: John R. Ninosky
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Defendant: Primecare Medical, Inc.
Represented By: John R. Ninosky
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