REAVES v. WETZEL et al
| REAVES and STERLIN REAVES |
| WETZEL, MARVIN CUMBERLEDGE, ROBERT GILMORE, JOHN WETZEL, STEVE GLUNT and SHIRLEY MOORE-SMEAL |
| 2:2016cv01869 |
| December 16, 2016 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Greene |
| Cynthia Reed Eddy |
| Maureen P Kelly |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 pr |
| Both |
Docket Report
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This docket was last retrieved on September 24, 2019. A more recent docket listing may be available from PACER.
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| Filing 145 Minute Entry for proceedings held before Magistrate Judge Lisa Pupo Lenihan: A Mediation was held on 9/24/2019. This mediation took place at SCI-Pine Grove in Indiana Pa. Attorney Timothy Holmes also participated in this mediation on behalf of Defendants. A tentative settlement agreement was reached; however, it is contingent on Plaintiff being removed from the Restricted Release List. This decision can only be made by the Secretary. The DOC will arrange for Plaintiff to meet with the Regional Deputy Secretary to set forth his position for removal from the RRL within 30 days. The process will take 60 to 90 days. If successful, the remainder of the settlement terms will be satisfied, and the case will be resolved. A telephone status conference is scheduled with J. Lenihan for December 16, 2019 at 2 PM to check on the status. The parties request that the case be administratively closed at this time. If the above is not successful, Plaintiff will move to reopen the case and the parties can either continue negotiations or set a trial date. (Court Reporter: none) (jmb) |
| Filing 144 Partial Payment of Filing Fee by STERLIN REAVES. Fee $5.54, receipt number 204668058330. (gmt) |
| Filing 143 Partial Payment of Filing Fee by STERLIN REAVES. Fee $5.04, receipt number 24668058104. (gmt) |
Filing 142
ORDER that a mediation in the above captioned case is scheduled before Magistrate Judge Lisa Pupo Lenihan on September 23, 2019, starting 9:30 AM. The mediation will be held in Courtroom 7B of the U.S. Post Office and Courthouse, 700 Grant Street, Pittsburgh, PA. The undersigned is also willing to conduct the mediation at the facility where Plaintiff is housed. Counsel are to discuss this and be prepared to address it during the September 18, 2019 telephone conference. No later than September 4, 2019, each party shall submit a confidential mediation statement to the magistrate judge. The mediation statement shall not become part of the file of the case, but shall be for the exclusive use of the magistrate judge in preparing for and conducting the mediation. The mediation statement shall be no longer than five pages. No later than September 10, 2019, plaintiff's counsel shall submit a settlement demand to defendant's counsel with a brief explanation of why such a settlement is appropriate. No later than September 16, 2019, defendant's counsel shall submit a written offer to plaintiff's counsel with a brief explanation of why such a settlement is appropriate. A premediation telephone conference is scheduled for September 18, 2019 at 10:00 AM. Counsel shall call into the conference by dialing 888-363-4749 and entering the access code 6019141. If asked for a security code, use * to bypass. Signed by Magistrate Judge Lisa Pupo Lenihan on 08/20/2019. (jmb)
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Filing 141
ORDER REFERRING CASE to Magistrate Judge Lisa Pupo Lenihan for mediation purposes. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 8/19/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
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| Filing 140 TEXT ORDER - The telephonic status conference scheduled for August 13, 2019 at 10:00 AM with Chief Magistrate Judge Cynthia Reed Eddy is CANCELLED. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 8/12/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) |
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Filing 138
ORDER: The Telephonic Status Conference set for 8/9/2019 at 08:30 AM is rescheduled for 8/13/2019 at 10:00 AM before Chief Magistrate Judge Cynthia Reed Eddy. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 7/22/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms)
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| Magistrate Judge Cynthia Reed Eddy added. (jm) |
| Filing 139 Partial Payment of Filing Fee by STERLIN REAVES. Fee $5.29, receipt number 24668057385. (gmt) |
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Filing 137
ORDER OF RECUSAL. Magistrate Judge Maureen P. Kelly recused. The Clerk of Court is directed to reassign this case to another judge. Signed by Magistrate Judge Maureen P. Kelly on 07/18/2019. (tjw)
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Filing 136
ORDER granting #135 Motion for Reimbursement of Expert Costs from Court Pro Hac Vice Fund in Pro Bono Prisoner Litigation. Signed by Magistrate Judge Maureen P. Kelly on 07/12/2019. (tjw) (Main Document 136 replaced on 7/12/2019) (tjw)
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| Filing 135 MOTION for Reimbursement of Expert Costs from Court Pro Hac Vice Fund in Pro Bono Prisoner Litigation by STERLIN REAVES. (Attachments: #1 Proposed Order, #2 Exhibit 1) (Stoner, Hudson) |
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Filing 134
CASE MANAGEMENT ORDER: Motions for Summary Judgment due by 9/6/2019; Response to Motions for Summary Judgment due by 10/4/2019; Reply brief due by 10/14/2019. The parties shall file a Joint Statement of Undisputed Facts by 9/6/2019. Signed by Magistrate Judge Maureen P. Kelly on 07/08/2019. (tjw)
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Filing 133
ORDER: As indicated during the Telephonic Status Conference held this date, this matter is STAYED until further Order of the Court. A Telephonic Status Conference is set for 8/9/2019 at 08:30 AM in Suite 9280 before Magistrate Judge Maureen P. Kelly. Signed by Magistrate Judge Maureen P. Kelly on 07/08/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tjw)
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| Filing 132 Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Telephonic Status Conference held on 7/8/2019. (Court Reporter: None) (tjw) |
| Filing 131 Partial Payment of Filing Fee by STERLIN REAVES. Fee $6.54, receipt number 24668056796. (gmt) |
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Filing 129
ORDER Granting #128 Joint Motion for Extension of Time to Complete Discovery filed by ROBERT GILMORE, STEVE GLUNT, JOHN WETZEL, MARVIN CUMBERLEDGE, SHIRLEY MOORE-SMEAL. Depositions of experts shall be completed by 6/30/2019. The Telephonic Status Conference previously set for 5/22/2019 is canceled and rescheduled for 7/8/2019 at 09:00 AM in Suite 9280 before Magistrate Judge Maureen P. Kelly. Counsel for Plaintiff is directed to get all parties on the conference call then contact the Court at 412-208-7450. Signed by Magistrate Judge Maureen P. Kelly on 05/15/2019. (tjw)
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| Filing 128 Joint MOTION for Extension of Time to Complete Discovery (Expert Depositions) by MARVIN CUMBERLEDGE, ROBERT GILMORE, STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL. (Attachments: #1 Proposed Order) (Bradley, Scott) |
| Filing 130 Partial Payment of Filing Fee by STERLIN REAVES. Fee $5.04, receipt number 24668056289. (jm) |
| Filing 127 Partial Payment of Filing Fee by STERLIN REAVES. Fee $4.54, receipt number 24668055750. (gmt) |
| Filing 126 Partial Payment of Filing Fee by STERLIN REAVES. Fee $9.79, receipt number 24668055380. (gmt) |
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Filing 125
ORDER granting #124 Motion to Withdraw as Attorney. Attorney Wesley A. Prichard terminated. Signed by Magistrate Judge Maureen P. Kelly on 3/21/2019. (kly)
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| Filing 124 MOTION to Withdraw as Attorney by STERLIN REAVES. (Attachments: #1 Proposed Order) (Prichard, Wesley) |
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Filing 123
EXPERT DISCOVERY SCHEDULING ORDER: Plaintiff Expert Reports due by 4/12/2019; Defendant Expert Reports due by 4/12/2019; Expert Depositions to be completed by 5/17/2019; Telephonic Status Conference set for 5/22/2019 at 01:30 PM before Magistrate Judge Maureen P. Kelly. Counsel for Plaintiff is directed to get all parties on the conference call then contact the Court at 412-208-7450. Signed by Magistrate Judge Maureen P. Kelly on 3/11/2019. (kly)
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| Filing 122 Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Status Conference held on 3/11/2019. (Court Reporter: NONE) (kly) |
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Filing 121
ORDER granting in part and denying in part #120 Joint Motion for Extension of Time to Complete Discovery. Fact discovery will be extended until April 1, 2019 only. The status conference previously scheduled for March 11, 2019 shall continue as scheduled. At the status conference, counsel should be prepared to report on the completion of fact discovery and discuss the establishment of a schedule for the completion of expert reports and discovery. Signed by Magistrate Judge Maureen P. Kelly on 2/26/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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| Filing 120 Joint MOTION for Extension of Time to Complete Discovery by STERLIN REAVES. (Attachments: #1 Proposed Order) (McKeegan, Hugh) |
| Filing 119 Partial Payment of Filing Fee by STERLIN REAVES. Fee $4.54, receipt number 24668054640. (gmt) |
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Filing 118
ORDER granting #117 Motion to Withdraw as Attorney. Attorney J. Nicholas Ranjan terminated. Signed by Magistrate Judge Maureen P. Kelly on 02/01/19. (ard)
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| Filing 117 MOTION to Withdraw as Attorney by STERLIN REAVES. (Attachments: #1 Proposed Order) (Ranjan, J.) |
| Filing 116 Partial Payment of Filing Fee by STERLIN REAVES. Fee $4.79, receipt number 24668054132. (gmt) |
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Filing 115
ORDER granting #114 Motion for Reimbursement of Expenses. Signed by Magistrate Judge Maureen P. Kelly on 1/3/19. (ard)
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| Filing 114 MOTION for Reimbursement of Expenses by STERLIN REAVES. (Attachments: #1 Proposed Order, #2 Exhibit A) (McKeegan, Hugh) |
| Filing 113 NOTICE of Appearance by Hudson Stoner on behalf of STERLIN REAVES. (Stoner, Hudson) |
| Filing 112 Partial Payment of Filing Fee by STERLIN REAVES. Fee $4.56, receipt number 24668053613. (gmt) |
| Filing 111 Partial Payment of Filing Fee by STERLIN REAVES. Fee $4.56, receipt number 24668053613. (gmt) |
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Filing 110
ORDER GRANTING #109 Motion to Withdraw as Attorney. Appearance of Attorney Chalyn M. Kaufman terminated. Signed by Magistrate Judge Maureen P. Kelly on 12/10/18. (eca)
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| Filing 109 MOTION to Withdraw as Attorney by STERLIN REAVES. (Attachments: #1 Proposed Order) (Kaufman, Chalyn) |
| Filing 108 NOTICE of Appearance by Hugh McKeegan on behalf of STERLIN REAVES. (McKeegan, Hugh) |
| Filing 106 NOTICE of Substitution of Attorney Appearance by Scott A. Bradley on behalf of MARVIN CUMBERLEDGE, ROBERT GILMORE, STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL. Attorney Mary Lynch Friedline terminated. (Bradley, Scott) |
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Filing 105
ORDER GRANTING #104 Motion for Extension of Time to Complete Discovery. Discovery due by 3/8/2019. The Post-Discovery Status Conference previously scheduled for 01/07/19 at 2:00 PM is hereby RESCHEDULED for 03/11/19 at 9:00 AM before Magistrate Judge Maureen P. Kelly. Signed by Magistrate Judge Maureen P. Kelly on 11/15/18. (eca)
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| Filing 104 MOTION for Extension of Time to Complete Discovery by MARVIN CUMBERLEDGE, ROBERT GILMORE, STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL. (Attachments: #1 Proposed Order) (Friedline, Mary) |
| Filing 107 Partial Payment of Filing Fee by STERLIN REAVES. Fee $4.33, receipt number 24668052980. (av) ) |
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Filing 102
ORDER GRANTING #101 Motion For Reimbursement of Expenses. Signed by Magistrate Judge Maureen P. Kelly on 10/23/18. (eca)
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| Filing 103 Partial Payment of Filing Fee by STERLIN REAVES. Fee $4.83, receipt number 24668052434. (kly) |
| Filing 101 MOTION For Reimbursement of Expenses by STERLIN REAVES. (Attachments: #1 Exhibit A, #2 Proposed Order) (Kaufman, Chalyn) |
| Filing 100 Partial Payment of Filing Fee by STERLIN REAVES. Fee $9.41, receipt number 24668051981. (av) |
| Filing 99 Partial Payment of Filing Fee by STERLIN REAVES. Fee $5.16, receipt number 24668051504. (av) Modified on 8/15/2018. (kly) |
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Filing 98
ORDER GRANTING #97 Motion for Extension of Time to Complete Discovery. Discovery due by 01/07/19. The Post-Discovery Status Conference previously scheduled for 09/04/18 at 10:00 AM is hereby RESCHEDULED for 01/07/19 at 2:00 PM before Chief Magistrate Judge Maureen P. Kelly. Signed by Chief Magistrate Judge Maureen P. Kelly on 08/13/18. (eca)
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| Filing 97 Joint MOTION for Extension of Time to Complete Discovery by STERLIN REAVES. (Attachments: #1 Proposed Order) (Kaufman, Chalyn) |
| Filing 96 NOTICE of Appearance by Wesley A. Prichard on behalf of STERLIN REAVES. (Prichard, Wesley) |
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Filing 95
ORDER granting #93 Motion for Reimbursement of Costs from Court Pro Hac Vice Fund. Signed by Chief Magistrate Judge Maureen P. Kelly on 8/3/18. (ard)
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| Filing 93 MOTION for Reimbursement of Costs from Court Pro Hac Vice Fund in Pro Bono Prisoner Litigation by STERLIN REAVES. (Attachments: #1 Proposed Order, #2 Exhibit 1) (Stockey, Nicole) |
| Filing 94 Partial Payment of Filing Fee by STERLIN REAVES. Fee $4.36, receipt number 24668050892. (av) |
| Filing 92 Partial Payment of Filing Fee by STERLIN REAVES. Fee $4.16, receipt number 24668050443. (nll) |
| Filing 91 Partial Payment of Filing Fee by STERLIN REAVES. Fee $4.36, receipt number 24668049854. (kly) |
| Filing 90 Partial Payment of Filing Fee by STERLIN REAVES. Fee $3.76, receipt number 24668049380. (jmt) |
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Filing 89
ORDER REOPENING CASE AND LIFTING STAY. As discussed at the April 3, 2018 status conference, the Clerk of Court is directed to REOPEN this case and to LIFT the stay. Signed by Chief Magistrate Judge Maureen P. Kelly on 04/10/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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Filing 88
CASE MANAGEMENT ORDER: Discovery due by 9/1/2018; Post-Discovery Status Conference set for 9/4/2018 at 10:00 AM in Suite 9280 before Magistrate Judge Maureen P. Kelly. Signed by Magistrate Judge Maureen P. Kelly on 4/3/2018. (ndf)
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| Filing 87 Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Status Conference held on 4/3/2018. (Court Reporter: none) (ndf) |
| Filing 86 NOTICE of Appearance by Chalyn M. Kaufman on behalf of STERLIN REAVES. (Kaufman, Chalyn) |
| Filing 85 NOTICE of Appearance by Ali J. Parker on behalf of STERLIN REAVES. (Parker, Ali) |
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Filing 84
ORDER OF COURT. The Status Conference scheduled for 04/03/18 at 10:00 AM will be for counsel only. Counsel for Plaintiff and Defendants are directed to appear in person. Attorney Friedline is no longer required to coordinate the appearance of Plaintiff by telephone. Signed by Chief Magistrate Judge Maureen P. Kelly on 03/14/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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Filing 83
ORDER, appointing Attorney J. Nicholas Ranjan, Nicole A. Stockey to represent Plaintiff STERLIN REAVES for purposes of discovery, dispositive motions and trial ONLY. Signed by Magistrate Judge Maureen P. Kelly on 3/13/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. A copy of this Order has been mailed to Plaintiff at his address of record. (ndf)
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| Filing 82 Partial Payment of Filing Fee by STERLIN REAVES. Fee $3.76, receipt number 24668048893. (kly) |
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Filing 81
SCHEDULING ORDER. A Status Conference will be held 04/03/18 at 10:00 AM before Chief Magistrate Judge Maureen P. Kelly. Counsel for Defendants shall appear in person. Attorney Friedline is directed to coordinate the appearance of Plaintiff by telephone with SCI Pine Grove. Signed by Chief Magistrate Judge Maureen P. Kelly on 03/05/18. A copy of this Order will be mailed to Plaintiff this day, 03/05/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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| Filing 80 DECLINATION OF REQUEST to represent indigent litigant for STERLIN REAVES (SEALED). (nk) |
| Filing 79 Partial Payment of Filing Fee by STERLIN REAVES. Fee $3.76, receipt number 24668048448. (kly) |
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Filing 78
ORDER denying as moot #74 Motion to Reopen Case in light of the Order issued this date at ECF No. 77. A copy of this order will be mailed to Plaintiff at his address of record. Signed by Magistrate Judge Maureen P. Kelly on 1/30/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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Filing 77
ORDER denying #75 Plaintiff's "Motion for this Court to Exercise It's Inherent Authority" and compel an attorney to represent Plaintiff in this civil case. As per this Court's earlier Order dated 9/15/17 #67 , the Clerk of Court was directed to request a lawyer to consider entering an appearance for Plaintiff. As of this date, an attorney has not been willing to enter his/her appearance. A copy of this order will be mailed to Plaintiff at his address of record. Signed by Magistrate Judge Maureen P. Kelly on 1/30/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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| Filing 76 BRIEF in Support re #75 Motion to Compel filed by STERLIN REAVES. (Attachment: #1 Envelope) (jsp) |
| Filing 75 MOTION for This Court to Exercise Its Inherent Authority for Order Compelling an Attorney to Represent Plaintiff Until Conclusion of a Jury Trial or Settlement by STERLIN REAVES. (Attachment: #1 Envelope) (jsp) |
| Filing 74 MOTION for This Court to Temporarily Administratively Reopen Case by STERLIN REAVES. (Attachment: #1 Envelope) (jsp) |
| Filing 73 Partial Payment of Filing Fee by STERLIN REAVES. Fee $1.87, receipt number 24668047894. (jmt) |
| Filing 72 DECLINATION OF REQUEST to represent indigent litigant for STERLIN REAVES (SEALED). (nk) (Main Document 72 replaced on 1/12/2018) (nk). |
| Filing 71 Partial Payment of Filing Fee by STERLIN REAVES. Fee $7.40, receipt number 24668047428. (kly) |
| Filing 70 Partial Payment of Filing Fee by STERLIN REAVES. Fee $3.52, receipt number 24668047002. (kly) |
| Filing 69 DECLINATION OF REQUEST to represent indigent litigant for STERLIN REAVES (SEALED). (nk) |
| Filing 68 Partial Payment of Filing Fee by STERLIN REAVES. Fee $2.28, receipt number 24668046429. (kly) |
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Filing 67
ORDER ENTERED directing that pursuant to 28 USC 1915(e)(1) and the court order of 3/24/1999 at Misc. 99-95, the Clerk of Court is directed to request a lawyer to consider entering an appearance on behalf of the plaintiff. Plaintiff's #64 Motion for the Appointment of Counsel is Granted and the Clerk of Court is shall stay and administratively close the case pending the appointment of counsel. Signed by Magistrate Judge Maureen P. Kelly on 9/15/2017. (jsp)
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Filing 66
ORDER granting #64 Motion to Appoint Counsel and directing the Clerk of Court to request a lawyer to consider entering an appearance on behalf of Plaintiff pursuant to 28 U.S.C 1915(e) (1) and to stay and administratively close the case pending the appointment of counsel. Signed by Chief Magistrate Judge Maureen P. Kelly on 9/15/17. [A copy of this Order was mailed to Plaintiff on this date at his address of record]. (bb) Document removed from public view and re-filed at Document #67 using correct event type. Modified on 9/19/2017. (jsp)
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| Filing 65 Partial Payment of Filing Fee by STERLIN REAVES. Fee $2.39, receipt number 24668045958. (gmp) |
| Filing 64 MOTION to Appoint Counsel by STERLIN REAVES. (Attachments: #1 Exhibit, #2 Envelope) (jsp) |
| Filing 63 OBJECTION to #60 Order on Motion to Compel, by STERLIN REAVES. (Attachment: #1 Envelope) (jsp) |
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Filing 62
ORDER denying #61 Motion for Reconsideration as Plaintiff has not shown that an intervening change in the law has occurred; the availability of new evidence; or that there is a need to correct a clear error of law or to prevent a manifest injustice. See Howard Hess Dental Labs. Inc. v. Dentsply Int'l, Inc., 602 F.3d 237, 251 (3d Cir. 2010); United States v. Kubini, 304 F.R.D. 208, 211 (W.D. Pa. 2015). Signed by Chief Magistrate Judge Maureen P. Kelly on 8/30/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. [A copy of this Text Order was mailed to Plaintiff on this date at his address of record]. (bb)
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| Filing 61 MOTION for Reconsideration re #60 Order on Motion to Compel, by STERLIN REAVES. (Attachment: #1 Envelope) (jsp) |
| Filing 60 MEMORANDUM ORDER granting in part and denying in part #46 Motion to Compel Discovery. Signed by Chief Magistrate Judge Maureen P. Kelly on 8/23/17. [A copy of this Memorandum Order was mailed to Plaintiff on this date at his address of record]. (bb) |
| Filing 59 Partial Payment of Filing Fee by STERLIN REAVES. Fee $2.27, receipt number 24668045574. (gmp) |
| Filing 58 RESPONSE to Motion re #46 MOTION for an Order Compelling Discovery filed by MARVIN CUMBERLEDGE, ROBERT GILMORE, JOHN WETZEL. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Friedline, Mary) |
| Filing 57 NOTICE of Change of Address by STERLIN REAVES. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to STERLIN REAVES. (Attachments: #1 Envelope) (gmp) |
| Filing 56 SECOND CASE MANAGEMENT ORDER. Discovery due by 10/13/2017. Plaintiff Pretrial Statement due by 11/15/2017. Defendant Pretrial Statement due by 12/15/2017 or Motion for Summary Judgment due by 12/15/2017. Signed by Chief Magistrate Judge Maureen P. Kelly on 08/01/17. A copy of this Order will be mailed to Plaintiff this day, 08/01/17. (eca) |
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Filing 55
ORDER granting #47 Plaintiff's Motion for Extension of Time to Complete Discovery. A separate case management order will be issued with new deadlines as determined appropriate by the Court. Signed by Magistrate Judge Maureen P. Kelly on 8/1/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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Filing 54
ORDER denying #48 Plaintiff's Motion to be Examined by an Outside Psychiatrist. The Court notes that Title 28 of the United States Code, Section 1915 (the in forma pauperis statute) does not authorize the Court to order private litigants to receive the assistance of investigators or medical experts. Further, there is no legal authority for a court to pay for a pro se inmate's expert witnesses. A copy of this Order will be mailed to Plaintiff at his address of record. Signed by Magistrate Judge Maureen P. Kelly on 8/1/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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Filing 53
ORDER GRANTING #52 Motion for Extension of Time to File Response to #46 Motion to Compel. Response to Motion due by 8/7/2017. Signed by Chief Magistrate Judge Maureen P. Kelly on 07/27/17. A copy of this Order will be mailed to Plaintiff this day, 07/27/17. (eca)
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| Filing 52 MOTION for Extension of Time to File Response as to #46 MOTION for an Order Compelling Discovery by MARVIN CUMBERLEDGE, ROBERT GILMORE, STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL. (Attachment: #1 Proposed Order) (Friedline, Mary) Modified on 7/28/2017. (jsp) |
| Filing 51 RESPONSE to Motion re #48 MOTION to be Examined by an Outside Psychiatrist filed by MARVIN CUMBERLEDGE, ROBERT GILMORE, STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL. (Friedline, Mary) |
| Filing 50 BRIEF in Support re #46 Motion to Compel filed by STERLIN REAVES. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Envelope) (jsp) |
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Filing 49
ORDER Response/Briefing Schedule re #48 Motion to be Examined by an Outside Psychiatrist, #46 Motion to Compel, Set Response: Response to Motions Deadlines. Response to Motions due by 7/28/2017. Signed by Chief Magistrate Judge Maureen P. Kelly on 7/14/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. [A copy of this Text Order was mailed to Plaintiff on this date at his address of record]. (bb) Text modified on 7/17/2017. (ept)
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| Filing 48 MOTION to be Examined by an Outside Psychiatrist by STERLIN REAVES. (Attachment: #1 Proposed Order) (jsp) |
| Filing 47 MOTION for Extension of Time to Complete Discovery by STERLIN REAVES. (Attachment: #1 Envelope) (jsp) |
| Filing 46 MOTION for an Order Compelling Discovery by STERLIN REAVES. (Attachments: #1 Exhibit Plaintiff's First Request for Admissions, #2 Exhibit Interrogatories, #3 May 24, 2017 letter from PA Attorney General, #4 Envelope) (jsp) |
| Filing 45 Partial Payment of Filing Fee by STERLIN REAVES. Fee $1.51, receipt number 24668044976. (kly) |
| Filing 44 Partial Payment of Filing Fee by STERLIN REAVES. Fee $1.37, receipt number 2466804486. (gmp) |
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Filing 43
ORDER denying #41 Plaintiff's "Appeal to District Judge" which appears to be a motion for reconsideration regarding Order denying Motion to Appoint Counsel. Plaintiff previously consented to the jurisdiction of a United States Magistrate Judge, see (ECF No. #6 ). To the extent that Plaintiff seeks reconsideration by Judge Kelly of the Order denying the recent Motion to Appoint Counsel, the motion for reconsideration is denied as it raises no additional grounds to warrant such appointment of counsel at this time. A copy of this order will be mailed to Plaintiff at his address of record. Signed by Magistrate Judge Maureen P. Kelly on 6/7/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen)
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| Filing 42 BRIEF in Support re #41 Motion for Reconsideration filed by STERLIN REAVES. (Attachment: #1 Envelope) (jsp) |
| Filing 41 MOTION for Reconsideration ("Appeal to District Judge") re 38 Order on Motion to Appoint Counsel by STERLIN REAVES. (Attachment: #1 Envelope) (jsp) |
| Filing 40 ANSWER to #18 Amended Complaint by MARVIN CUMBERLEDGE, ROBERT GILMORE, STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL. (Friedline, Mary) Modified on 6/1/2017. (tt) |
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Filing 39
ORDER granting #33 Motion to Strike False, Defamatory and Prejudicial Information from #29 Answer to #18 Amended Complaint. IT IS FURTHER ORDERED that the Clerk of Court is to remove ECF No. #29 from public view on the docket and that Defendants shall refile their Answer to the Amended Complaint on or before June 2, 2017. Signed by Chief Magistrate Judge Maureen P. Kelly on 5/26/17. [A copy of this Order was mailed to Plaintiff on this date at his address of record]. (bb)
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Filing 38
ORDER denying without prejudice #34 Motion to Appoint Counsel as Plaintiff has not set forth any basis for requesting counsel to represent Plaintiff in this action that has not already been considered by the Court in ruling on #7 Plaintiff's previously filed Motion for the Appointment of Counsel and #14 his Motion for Reconsideration from the Court's Order denying Plaintiff's request. Further, the Court notes that Plaintiff's own exhibit [34-1 at 2] demonstrates that the Pennsylvania Institutional Law Project has expressed interest in Plaintiff's case and has communicated with Plaintiff regarding possible representation. Signed by Chief Magistrate Judge Maureen P. Kelly on 5/24/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. [A copy of this Order was mailed to Plaintiff on this date at his address of record]. (bb)
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| Filing 37 RESPONSE to Motion re #33 MOTION to Strike False, Defamatory and Prejudicial Information from #29 Answer to #18 Amended Complaint filed by MARVIN CUMBERLEDGE, ROBERT GILMORE, STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL. (Friedline, Mary) |
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Filing 36
SCHEDULING ORDER. Response to #33 Motion to Strike due by 6/7/2017. Signed by Chief Magistrate Judge Maureen P. Kelly on 05/24/17. A copy of this Order will be mailed to Plaintiff this day, 05/24/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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| Filing 35 BRIEF in Support re #34 Motion to Appoint Counsel filed by STERLIN REAVES. (Attachment: #1 Envelope) (jsp) |
| Filing 34 MOTION to Appoint Counsel by STERLIN REAVES. (Attachments: #1 Exhibit, #2 Envelope) (jsp) |
| Filing 33 MOTION to Strike False, Defamatory and Prejudicial Information from #29 Answer to #18 Amended Complaint by STERLIN REAVES. (Attachments: #1 Exhibits in Support, #2 Envelope) (jsp) Modified on 5/23/2017. (jsp) |
| Filing 32 Partial Payment of Filing Fee by STERLIN REAVES. Fee $7.78, receipt number 24668043982. (gmp) |
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Filing 31
ORDER denying without prejudice #14 Motion for Reconsideration of #13 this Court's Order dated 1/5/2017 denying Plaintiff's request for the appointment of counsel, as Plaintiff has not added any new averments to those set forth in his motion or offered the Court any basis for exercising its discretion that has not already been considered. Signed by Chief Magistrate Judge Maureen P. Kelly on 5/9/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. [A copy of this Text Order was mailed to Plaintiff on this date at his address of record]. (bb) Modified on 5/11/2017. (jsp)
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| Filing 30 CASE MANAGEMENT ORDER. Discovery due by 8/8/2017. Plaintiff Pretrial Statement due by 9/8/2017. Defendants' Summary Judgment or Pretrial Statement due by 10/10/2017. Signed by Chief Magistrate Judge Maureen P. Kelly on 05/08/17. A copy of this Order will be mailed to Plaintiff this day, 05/08/17. (eca) |
| Filing 29 ANSWER to #18 Amended Complaint by MARVIN CUMBERLEDGE, ROBERT GILMORE, STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL. (Friedline, Mary) DOCUMENT REMOVED FROM PUBLIC VIEW per #39 Order. Modified on 5/30/2017. (jsp) |
| Filing 28 Partial Payment of Filing Fee by STERLIN REAVES. Fee $2.23, receipt number 24668043722. (kly) |
| Filing 27 NOTICE of Change of Address by STERLIN REAVES. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to STERLIN REAVES. (kly) |
| Filing 26 WAIVER OF SERVICE Returned Executed by ROBERT GILMORE, MARVIN CUMBERLEDGE. ROBERT GILMORE waiver sent on 3/6/2017, answer due 5/5/2017; MARVIN CUMBERLEDGE waiver sent on 3/6/2017, answer due 5/5/2017. (Friedline, Mary) |
| Filing 25 NOTICE of Appearance by Mary Lynch Friedline on behalf of MARVIN CUMBERLEDGE, ROBERT GILMORE. (Friedline, Mary) |
| Filing 24 Partial Payment of Filing Fee by STERLIN REAVES. Fee $1.44, receipt number 24668042957. (gmp) |
| Filing 23 US Marshal's Return indicating Order, Complaint, Notice and Waiver Mailed to defendants Marvin Cumberledge and Robert Gilmore on 3/6/2017. (jsp) |
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Filing 22
ORDER GRANTING #20 Motion for Extension of Time to Answer. Defendants shall respond to the Amended Complaint after service is executed on the remaining two defendants. Signed by Chief Magistrate Judge Maureen P. Kelly on 02/24/17. A copy of this Order will be mailed to Plaintiff this day, 02/24/17. (eca)
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| Filing 21 SERVICE ORDER. The United States Marshal shall serve a copy of the complaint, notice and request for waiver of service of summons, waiver of service of summons, and this Order to defendants Robert Gilmore and Marvin Cumberledge, as directed by plaintiff. Costs of service shall be borne by the United States. Signed by Chief Magistrate Judge Maureen P. Kelly on 02/23/17. A copy of this Order will be mailed to Plaintiff this day, 02/23/17. Service documents will be forwarded to U S Marshal this day, 02/23/17. (eca) |
| Filing 20 MOTION for Extension of Time to File Answer re #18 Amended Complaint filed by STERLIN REAVES by STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL. (Attachments: #1 Proposed Order) (Friedline, Mary) |
| Filing 19 Partial Payment of Filing Fee by STERLIN REAVES. Fee $1.51, receipt number 24668042533. (gmp) |
| Filing 18 AMENDED COMPLAINT against MARVIN CUMBERLEDGE, ROBERT GILMORE, STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL, filed by STERLIN REAVES. (Attachments: #1 Envelope) (ept) |
| Filing 17 CONSENT to Trial/Jurisdiction by US Magistrate Judge by STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL. (Friedline, Mary) |
| Filing 16 WAIVER OF SERVICE Returned Executed by STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL. STEVE GLUNT waiver sent on 12/30/2016, answer due 2/28/2017; SHIRLEY MOORE-SMEAL waiver sent on 12/30/2016, answer due 2/28/2017; JOHN WETZEL waiver sent on 12/30/2016, answer due 2/28/2017. (Friedline, Mary) |
| Filing 15 NOTICE of Appearance by Mary Lynch Friedline on behalf of STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL. (Friedline, Mary) |
| Filing 14 MOTION for Reconsideration re #13 Order on Motion to Appoint Counsel, by STERLIN REAVES. (Attachment: #1 Envelope) (jsp) |
| Magistrate Judge Maureen P. Kelly is presiding. (mao) |
| Judge Arthur J. Schwab no longer assigned to case, reassignment done in error. (mao) |
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Filing 13
MEMORANDUM ORDER denying without prejudice #7 Motion to Appoint Counsel. Signed by Magistrate Judge Maureen P. Kelly on 1/5/17. [A copy of this Memorandum Order was mailed to Plaintiff on this date at his address of record]. (bb) Modified on 1/5/2017. (bb)
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| Judge Arthur J. Schwab is presiding and Magistrate Judge Maureen P. Kelly is referred. (mao) |
| Magistrate Judge Maureen P. Kelly is no longer presiding. (mao) |
| Filing 12 US Marshal's Return as to Order, Complaint, Notice and Waiver Mailed Per Court Order on 12/30/2016. (jsp) Modified on 1/4/2017. (jsp) |
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Filing 11
ORDER OF COURT. In light of the entry of the Service Order, #9 Motion seeking authorization from the Court to obtain service of process without pre-payment of the marshal's fee is DENIED AS MOOT. Signed by Chief Magistrate Judge Maureen P. Kelly on 12/29/16. A copy of this Order will be mailed to Plaintiff this day, 12/29/16. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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| Filing 10 SERVICE ORDER. The United States Marshal shall serve a copy of the complaint, notice of lawsuit and request for waiver of service of summons, waiver, and this Order to each defendant. Signed by Chief Magistrate Judge Maureen P. Kelly on 12/29/16. A copy of this Order will be mailed to Plaintiff this day, 12/29/16. Service copies will be forwarded to U S Marshal this day, 12/29/16. (eca) |
| Filing 9 MOTION seeking authorization from the Court to obtain service of process without pre-payment of the marshal's fee by STERLIN REAVES. (ept) |
| Filing 8 BRIEF in Support re #7 Motion to Appoint Counsel filed by STERLIN REAVES. (ept) |
| Filing 7 MOTION to Appoint Counsel by STERLIN REAVES. (Attachments: #1 Exhibit) (ept) |
| Filing 6 CONSENT to Trial/Jurisdiction by US Magistrate Judge by STERLIN REAVES. (ept) |
| Filing 5 COMPLAINT against STEVE GLUNT, SHIRLEY MOORE-SMEAL, JOHN WETZEL, filed by STERLIN REAVES. (ept) |
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Filing 4
ORDER GRANTING #2 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to file the complaint. Signed by Chief Magistrate Judge Maureen P. Kelly on 12/27/16. A copy of this Order will be mailed to Plaintiff and Inmate Accounting this day, 12/27/16. (eca)
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| Filing 3 Authorization permitting withdrawal of prison account funds to pay filing fee by STERLIN REAVES. (Attachment: #1 Envelope) (jsp) |
| Filing 2 MOTION and Declaration for Leave to Proceed in forma pauperis by STERLIN REAVES. (Attachment: #1 Envelope) (jsp) |
| Filing 1 Remark: Complaint received from STERLIN REAVES. (No filing fee or motion for leave to proceed in forma pauperis.) (Attachments: #1 Motion for Appointment of Counsel, #2 Exhibit in support of Motion for Appointment of Counsel, #3 Brief in support of Motion for Appointment of Counsel, #4 Motion Seeking Authorization from the Court to Obtain Service of Process Without Pre-Payment of the Marshal Fees, #5 Consent to Proceed Before U.S. Magistrate Judge, #6 Envelope) (jsp) |
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