EASLEY v. OBERLANDER et al
| WARREN EASLEY |
| JOHN VETZEL, ERNIE MANGELUZZO, DR. WRIGHT, CAPTAIN APODACA, BRUCE SIMON, JODI SHEESLEY, TAHE BICKEL, LUCAS MALISHLIBAK, DERICK OBERLANDER, C.C.P.M. GUSTAFON, DAVE PERRY, KIM SMITH, RENEE ADAM, LISA REHAR and MAJOR BLICHA |
| 1:2020cv00156 |
| June 18, 2020 |
| US District Court for the Western District of Pennsylvania |
| Susan Paradise Baxter |
| Richard A Lanzillo |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on February 15, 2022. A more recent docket listing may be available from PACER.
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Filing 28
MEMORANDUM ORDER: AND NOW, this 15th day of February, 2022; IT IS HEREBY ORDERED that the within civil action shall be, and hereby is, DISMISSED with prejudice, based upon Plaintiff's failure to prosecute his claims. IT IS FURTHER ORDERED that the motion to dismiss filed by the Defendants, ECF No. #17 , shall be, and hereby is, DISMISSED as moot. Finally, IT IS ORDERED that the Report and Recommendation of Magistrate Judge Lanzillo, issued on January 12, 2022, ECF No. #26 , is adopted as the opinion of this Court. There being no further claims pending before this Court in the above-captioned matter, the Clerk is directed to mark this civil action "CLOSED." Signed by Judge Susan Paradise Baxter on 2/15/22. (esa)
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| Filing 26 REPORT AND RECOMMENDATION. It is respectfully recommended that this matter be dismissed for Plaintiff's failure to prosecute. Objections to R&R due by 1/26/2022 Objections to R&R for Unregistered ECF Users due by 1/31/2022. Signed by United States Magistrate Judge Richard A. Lanzillo on January 12, 2022. (jbh) |
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Filing 25
ORDER FOR STATISTICAL CLOSING. This matter is administratively closed as of this date pending a response from Plaintiff to the Court's show cause order. See ECF No. 24. Upon receipt from the Plaintiff of a response to the show cause order or the expiration of the time period for submitting same, this matter will be reopened and the Defendants' Motion to Dismiss, currently docketed at ECF No. 19, may be reactivated, if appropriate. Signed by United States Magistrate Judge Richard A. Lanzillo on September 13, 2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
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Filing 24
ORDER TO SHOW CAUSE. Show Cause Response due by 9/27/2021 Signed by United States Magistrate Judge Richard A. Lanzillo on September 13, 2021. (jbh)
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Filing 23
ORDER TO SHOW CAUSE. By prior order of Court, the Plaintiff's Brief in Opposition to the Defendants motion to dismiss was due on or before April 2, 2021. See ECF No. 19. As of today's date, no responsive brief has been filed. Therefore, Plaintiff is ordered to show cause for his failure to comply with the Courts order, or in the alternative, to file his response in opposition within fourteen days of the date of this order; that is, by August 24, 2021. The failure to respond may result in the Court considering the motion to dismiss as unopposed. See, e.g., Popa v. Bureau of Prisons, 2019 WL 2212151, at *1 (W.D. Pa. Apr. 4, 2019). Signed by United States Magistrate Judge Richard A. Lanzillo on August 9, 2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
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| Filing 22 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by WARREN EASLEY. (lar) |
| Filing 21 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by WARREN EASLEY. (Attachments: #1 Envelope) (lar) |
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Filing 20
TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 4/2/2021, the plaintiff is once again reminded to complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form will be provided to plaintiff with this order. Consent to Jurisdiction by Mag. Judge or electing to have a District Judge assigned due by 4/2/2021; Signed by Magistrate Judge Richard A. Lanzillo on 3/18/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm)
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Filing 19
ORDER Response/Briefing Schedule re #17 Motion to Dismiss for Failure to State a Claim. Response to Motion due by 4/15/2021. Signed by Magistrate Judge Richard A. Lanzillo on 3/16/2021. (dm)
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| Filing 18 BRIEF in Support re #17 Motion to Dismiss for Failure to State a Claim, filed by RENEE ADAM, APODACA, TAHE BICKEL, BLICHA, GUSTAFON, LUCAS MALISHLIBAK, ERNIE MANGELUZZO, DERICK OBERLANDER, DAVE PERRY, LISA REHAR, JODI SHEESLEY, BRUCE SIMON, KIM SMITH, JOHN VETZEL, WRIGHT. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Warshafsky, Yana) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by RENEE ADAM, APODACA, TAHE BICKEL, BLICHA, GUSTAFON, LUCAS MALISHLIBAK, ERNIE MANGELUZZO, DERICK OBERLANDER, DAVE PERRY, LISA REHAR, JODI SHEESLEY, BRUCE SIMON, KIM SMITH, JOHN VETZEL, WRIGHT. Motion(s) referred to Richard A. Lanzillo. (Attachments: #1 Proposed Order) (Warshafsky, Yana) |
| Case reassigned to Judge Susan Paradise Baxter, presiding, and Magistrate Judge Richard A. Lanzillo, referral. (jd) (jd) |
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Filing 16
ORDER granting #15 Defendants' Motion to Extend Time for Filing of a Response to Complaint. Defendants' Response to Plaintiff's Complaint is now due or before Tuesday, March 16, 2021. Signed by United States Magistrate Judge Richard A. Lanzillo on February 12, 2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jbh)
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| Filing 15 MOTION to Extend Time to Respond to Plaintiff's Complaint by RENEE ADAM, APODACA, TAHE BICKEL, BLICHA, GUSTAFON, LUCAS MALISHLIBAK, ERNIE MANGELUZZO, DERICK OBERLANDER, DAVE PERRY, LISA REHAR, JODI SHEESLEY, BRUCE SIMON, KIM SMITH, JOHN VETZEL, WRIGHT. (Attachments: #1 Proposed Order) (Warshafsky, Yana) |
| Update Answer Deadline: Answer/Response now due from All Defendants on or before Tuesday, March 16, 2021. (jbh) |
| Filing 14 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by RENEE ADAM, APODACA, TAHE BICKEL, BLICHA, GUSTAFON, LUCAS MALISHLIBAK, ERNIE MANGELUZZO, DERICK OBERLANDER, DAVE PERRY, LISA REHAR, JODI SHEESLEY, BRUCE SIMON, KIM SMITH, JOHN VETZEL, WRIGHT. (Warshafsky, Yana) |
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Filing 13
TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 2/9/2021, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. A copy will also be provided to Plaintiff with this Order. Consent to Jurisdiction by Mag. Judge or electing to have a District Judge assigned due by 2/9/2021; Signed by Magistrate Judge Richard A. Lanzillo on 1/19/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm)
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| Filing 12 NOTICE of Appearance by Yana Warshafsky on behalf of RENEE ADAM, APODACA, TAHE BICKEL, BLICHA, GUSTAFON, LUCAS MALISHLIBAK, ERNIE MANGELUZZO, DERICK OBERLANDER, DAVE PERRY, LISA REHAR, JODI SHEESLEY, BRUCE SIMON, KIM SMITH, JOHN VETZEL, WRIGHT. (Warshafsky, Yana) |
| Filing 11 WAIVER OF SERVICE Returned Executed by KIM SMITH, DAVE PERRY, DERICK OBERLANDER, JODI SHEESLEY, GUSTAFON, APODACA, RENEE ADAM, WRIGHT, TAHE BICKEL, BLICHA, ERNIE MANGELUZZO, LUCAS MALISHLIBAK, BRUCE SIMON, JOHN VETZEL, LISA REHAR. KIM SMITH waiver sent on 12/15/2020, answer due 2/16/2021; DAVE PERRY waiver sent on 12/15/2020, answer due 2/16/2021; DERICK OBERLANDER waiver sent on 12/15/2020, answer due 2/16/2021; JODI SHEESLEY waiver sent on 12/15/2020, answer due 2/16/2021; GUSTAFON waiver sent on 12/15/2020, answer due 2/16/2021; APODACA waiver sent on 12/15/2020, answer due 2/16/2021; RENEE ADAM waiver sent on 12/15/2020, answer due 2/16/2021; WRIGHT waiver sent on 12/15/2020, answer due 2/16/2021; TAHE BICKEL waiver sent on 12/15/2020, answer due 2/16/2021; BLICHA waiver sent on 12/15/2020, answer due 2/16/2021; ERNIE MANGELUZZO waiver sent on 12/15/2020, answer due 2/16/2021; LUCAS MALISHLIBAK waiver sent on 12/15/2020, answer due 2/16/2021; BRUCE SIMON waiver sent on 12/15/2020, answer due 2/16/2021; JOHN VETZEL waiver sent on 12/15/2020, answer due 2/16/2021; LISA REHAR waiver sent on 12/15/2020, answer due 2/16/2021. (Warshafsky, Yana) |
| Filing 10 NOTICE and Waiver, Order, Complaint mailed to all Defendants on 12/15/2020 by WARREN EASLEY (lar) |
| Filing 9 Prisoner Trust Fund Account Statement by WARREN EASLEY. (nll) |
| Filing 8 Authorization permitting withdrawal of prison account funds to pay filing fee by WARREN EASLEY. (nll) |
| Filing 7 BRIEF in Support of #6 Complaint, filed by WARREN EASLEY. (Attachments: #1 Proposed Order) (nll) |
| Filing 6 COMPLAINT against RENEE ADAM, APODACA, TAHE BICKEL, BLICHA, GUSTAFON, LUCAS MALISHLIBAK, ERNIE MANGELUZZO, DERICK OBERLANDER, DAVE PERRY, LISA REHAR, JODI SHEESLEY, BRUCE SIMON, KIM SMITH, JOHN VETZEL, WRIGHT, filed by WARREN EASLEY. (Attachments: #1 Declaration) (nll) |
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Filing 5
ORDER granting #3 Motion for Leave to Proceed in forma pauperis and the Clerk is directed to file the complaint. IT IS FURTHER ORDERED that the United States Marshal is directed to mail a copy of the complaint, notice of lawsuit and request for waiver of service of summons, and waiver and this order to each defendant as directed by plaintiff. Costs shall be advanced by the United States. Signed by Magistrate Judge Richard A. Lanzillo on 7/23/2020. (dm)
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| Service copies mailed to US Marshal in Pittsburgh. (dm) |
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Filing 4
STANDING PRACTICE ORDER Signed by Magistrate Judge Richard A. Lanzillo on 7/15/2020. (dm)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by WARREN EASLEY. (Attachments: #1 Authorization, #2 Prisoner Trust Fund Account Statement, #3 Letter, #4 Envelope) (nll) |
| Remark: USM 285 forms received for all defendants (jd) |
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Filing 2
ORDER The Complaint filed in this action has been received without a filing fee or the forms required to proceed in forma pauperis in a civil rights case. This action may not proceed unless the Plaintiff either, 1) tenders to the "Clerk, U.S. District Court" the statutory filing fee in the amount of $350.00, plus a $50.00 administrative fee, for a total of $400.00 or, 2) files a properly completed application to proceed in forma pauperis. The Clerk is to mark this case administratively closed. Signed by Magistrate Judge Richard A. Lanzillo on 6/26/2020. (dm)
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| Filing 1 Remark: Complaint lodged with no filing fee or In Forma Pauperis Motion. (Attachments: #1 Declaration in Support, #2 Memorandum in Support, #3 Order to Show Cause, #4 Envelope) (ma) |
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