SWINT v. OLIVER
| CHARLES SWINT |
| L.J. OLIVER, EARL JONES, PATRICIA THOMPSON, STEVEN SOLOWODA, LT. FLOYD, DR. RUSH and UM. SEMORE |
| 1:2023cv00232 |
| August 8, 2023 |
| US District Court for the Western District of Pennsylvania |
| Susan Paradise Baxter |
| Richard A Lanzillo |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1446 Notice of Removal |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 20
ORDER In light of the filing of the Amended Complaint ECF #19 , the pending Motion to Dismiss ECF #3 is denied as moot. Said denial is without prejudice to Defendants' right to file a renewed motion based on the same argument and defenses, if applicable. Defendants' response to the amended complaint due on or before October 20, 2023. See Federal Rule of Civil Procedure 15(a)(3). Signed by Chief Magistrate Judge Richard A. Lanzillo on 10/6/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dlh)
|
| Filing 19 AMENDED COMPLAINT against FLOYD, EARL JONES, L.J. OLIVER, RUSH, UM. SEMORE, STEVEN SOLOWODA, PATRICIA THOMPSON, filed by CHARLES SWINT. (Attachments: #1 Envelope) (sdp) |
| Filing 18 OBJECTIONS to #17 Report and Recommendation by CHARLES SWINT. (Attachments: #1 Exhibit, #2 Envelope) (sdp) |
| Filing 17 REPORT AND RECOMMENDATION re ECF No. 6 MOTION for Preliminary Injunction filed by Plaintiff CHARLES SWINT. For the reasons stated in the attached report and recommendation, it is respectfully recommended that Swint's motion for a preliminary injunction be DENIED. Defendants' objections to the R&R are due by 10/5/2023. Plaintiff's objections to the R&R are due by 10/10/2023. Signed by Chief United States Magistrate Judge Richard A. Lanzillo on September 21, 2023. (rlh) |
| Case Reassigned to Judge Susan Paradise Baxter, presiding, and Chief Magistrate Judge Richard A. Lanzillo, referral. Motions referred to Richard A. Lanzillo. (dlh) |
| Filing 16 Minute Entry. Today, September 20, 2023, the Court held a telephonic hearing on Plaintiff Charles Swint's motion for a preliminary injunction (ECF No. 6). Present at the hearing were Swint, representing himself; Attorney Petrini, representing Defendant Dr. Rush; Deputy Attorney General Flowers, representing the remaining Defendants; and Defendant Floyd, a captain at SCI-Albion. Swint and Floyd proffered testimony and Flowers cross-examined Swint. The Court did not issue a ruling on the motion. (Court Reporter: Janis Ferguson) (rlh) |
| Filing 15 RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by RUSH. (Neal, Cassidy) |
| Filing 14 RESPONSE to Motion re 6 MOTION for Preliminary Injunction filed by FLOYD, EARL JONES, L.J. OLIVER, UM. SEMORE, STEVEN SOLOWODA, PATRICIA THOMPSON. (Flowers, Meghan) |
| Filing 13 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by RUSH. (Neal, Cassidy) |
|
Filing 12
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 10/3/2023, PLAINTIFF SWINT and DEFENDANT RUSH 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, and a copy will be provided to Plaintiff with this Order. Consent to Jurisdiction by Mag. Judge or electing to have a District Judge assigned due by 10/3/2023. Signed by Chief Magistrate Judge Richard A. Lanzillo on 9/12/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dlh)
|
| Filing 11 WAIVER OF SERVICE Returned Executed by RUSH. RUSH waiver sent on 9/11/2023, answer due 11/13/2023. (Neal, Cassidy) |
| Filing 10 NOTICE of Appearance by Cassidy L. Neal on behalf of RUSH. (Neal, Cassidy) |
| Filing 9 NOTICE of Appearance by Scott A. Bradley on behalf of FLOYD, EARL JONES, L.J. OLIVER, UM. SEMORE, STEVEN SOLOWODA, PATRICIA THOMPSON. (Bradley, Scott) |
|
Filing 8
ORDER. A Telephonic Status Conference is hereby set for Wednesday, September 20, 2023 at 9:00 AM before the Honorable Richard A. Lanzillo, Chief United States Magistrate Judge. This conference is scheduled in response to Plaintiff's motion for an injunction, which he appended to the Complaint. ECF No. 6. See ECF No. 1-1, pp. 5-6. Counsel for the Defendants is directed to coordinate with the appropriate correctional institution to ensure the Plaintiff's participation. The conference will be conducted via the Court's conference call system. Instructions for accessing the system will be emailed to Counsel separately. Signed by Chief United States Magistrate Judge Richard A. Lanzillo on September 8, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rlh)
|
|
Filing 7
ORDER to Respond to 6 Plaintiff Charles Swint's Motion for a Preliminary Injunction on or before September 18, 2023. See ECF No. 1-1, pp. 5-6. Defendants' response should include whether SCI-Albion has any current measures in place to keep Swint safe based on the alleged cause of his safety concerns. See ECF No. 1-1, pp. 10-11. Signed by Chief United States Magistrate Judge Richard A. Lanzillo on September 8, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rlh)
|
|
Filing 5
ORDER Response/Briefing Schedule re #3 Motion to Dismiss for Failure to State a Claim. The Defendants have filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The Plaintiff is hereby ordered to file a Response in Opposition to that motion on or before 9/27/2023. In the alternative, the Plaintiff may file an Amended Complaint as a matter of right under Rule 15(a)(1)(B) on or before 9/27/2023. Signed by Chief Magistrate Judge Richard A. Lanzillo on 8/28/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dlh)
|
| Filing 4 BRIEF in Support re #3 Motion to Dismiss for Failure to State a Claim filed by FLOYD, EARL JONES, L.J. OLIVER, UM. SEMORE, STEVEN SOLOWODA, PATRICIA THOMPSON. (Flowers, Meghan) |
| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FLOYD, EARL JONES, L.J. OLIVER, UM. SEMORE, STEVEN SOLOWODA, PATRICIA THOMPSON. (Attachments: #1 Proposed Order) (Flowers, Meghan) |
| Filing 2 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by FLOYD, EARL JONES, L.J. OLIVER, UM. SEMORE, STEVEN SOLOWODA, PATRICIA THOMPSON. (Flowers, Meghan) |
| Filing 6 MOTION for Preliminary Injunction (included in original complaint) by CHARLES SWINT. No document attached. (dlh) |
| Filing 1 NOTICE OF REMOVAL from Erie County, case number 177MD2023 with jury demand Copies attached: state court record (Filing fee, including Administrative fee, $402, receipt number 7824369), filed by PATRICIA THOMPSON, UM. SEMORE, STEVEN SOLOWODA, RUSH, L.J. OLIVER, FLOYD, EARL JONES. (Attachments: #1 Exhibit, #2 Notice of filing, #3 Civil Cover Sheet) (sdp) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
