GRAY v. GILMORE et al
Plaintiff: HEATH W. GRAY
Defendant: MICHAEL ZAKEN, ROBERT GILMORE and STEPHEN DURCO
Case Number: 2:2018cv01414
Filed: October 23, 2018
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Lisa Pupo Lenihan
Nature of Suit: Prisoner Civil Rights (Prison Condition)
Cause of Action: 42 U.S.C. § 1983 pr
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2018 Opinion or Order Filing 16 ORDER that a Response to the #4 Motion for Preliminary Injunction, Motion for TRO shall be filed no later than December 27, 2018. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/19/2018. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
December 13, 2018 Filing 15 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by HEATH W. GRAY. (Attachments: #1 Envelope) (jv)
November 29, 2018 Filing 14 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by STEPHEN DURCO, ROBERT GILMORE, MICHAEL ZAKEN. (Bradley, Scott)
November 29, 2018 Filing 13 NOTICE of Appearance by Scott A. Bradley on behalf of STEPHEN DURCO, ROBERT GILMORE, MICHAEL ZAKEN. (Bradley, Scott)
November 29, 2018 Filing 12 Errata re #10 Notice of Appearance by STEPHEN DURCO, ROBERT GILMORE, MICHAEL ZAKEN. Reason for Correction: Incorrect Service Address on Certificate of Service. (Bradley, Scott)
November 29, 2018 Filing 11 WAIVER OF SERVICE Returned Executed by STEPHEN DURCO, MICHAEL ZAKEN, ROBERT GILMORE. STEPHEN DURCO waiver sent on 11/5/2018, answer due 1/4/2019; MICHAEL ZAKEN waiver sent on 11/5/2018, answer due 1/4/2019; ROBERT GILMORE waiver sent on 11/5/2018, answer due 1/4/2019. (Bradley, Scott)
November 29, 2018 Filing 10 NOTICE of Appearance by Scott A. Bradley on behalf of STEPHEN DURCO, ROBERT GILMORE, MICHAEL ZAKEN. (Bradley, Scott)
November 28, 2018 Remark: A certified copy of Plaintiffs Authorization (ECF No. #7 ) was mailed to the Inmate Accounts Officer at S.C.I. Greene. (jmb)
November 23, 2018 Filing 9 Partial Payment of Filing Fee by HEATH W. GRAY. Fee $26.75, receipt number 24668053221. (av)
November 8, 2018 Filing 8 Partial Payment of Filing Fee by HEATH W. GRAY. Fee $26.75, receipt number 24668052929. (kly)
October 31, 2018 Filing 7 Authorization permitting withdrawal of prison account funds to pay filing fee by HEATH W. GRAY. (Attachments: #1 Envelope) (jv)
October 31, 2018 Filing 6 Remark: Order, Complaint, Notice and Waiver mailed per court order on 10.31.2018 as to Durco, Gilmore and Zaken (jv)
October 30, 2018 Opinion or Order Filing 5 ORDER ENTERED that the United States Marshal is directed to mail a copy of the Complaint (ECF. No. #3 ), Motion for Preliminary Injunction/Motion for Temporary Restraining Order (ECF No. #4 ), notice of lawsuit and request for waiver of service of summons, and waiver, and this order to defendants Robert Gilmore, Michael Zaken and Stephen Durco, as directed by plaintiff. Cost of service shall be advanced by the United States. The defendants are requested to waive service pursuant to Rule4(d). AND IT IS FURTHER ORDERED that the parties are allowed fourteen (14) days from this date to appeal this order to a district judge pursuant to Local Rule 72.C.2. Failure to appeal within fourteen (14) days may constitute waiver of the right to appeal. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/30/2018. (jmb)
October 30, 2018 Remark: Service documents were forwarded to the U.S. Marshals. (jmb)
October 24, 2018 Filing 4 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by HEATH W. GRAY. (Attachments: #1 Envelope) (jv)
October 24, 2018 Filing 3 COMPLAINT against STEPHEN DURCO, ROBERT GILMORE, MICHAEL ZAKEN, filed by HEATH W. GRAY. (Attachments: #1 Complaint Part 2, #2 Exhibit A, #3 Envelope) (jv)
October 24, 2018 Opinion or Order Filing 2 ORDER granting #1 Plaintiff's Motion for Leave to Proceed in forma pauperis to the extent that the case may proceed without the prepayment of the entire filing fee. Plaintiff shall pay $26.75 as an initial partial filing fee as provided by 28 U.S.C. 1915(b)(1)(A); however, he is still assessed the total $350.00 filing fee. The agency having custody of Plaintiff shall forward, within THIRTY (30) DAYS from the date of this Order, the initial partial filing fee of $26.75 to the Clerk of Court. After payment of the initial partial filing fee, Plaintiff shall be required to make monthly payments of twenty percent of the preceding month's income (that is, all funds deposited into the account) credited to the account. Plaintiff is warned that he is ultimately responsible for payment of the filing fee if the agency with custody over him lapses in its duty to make payments on his behalf. The Clerk of Court shall mail a copy of this Order to the Inmate Account Officer at Plaintiff's place of confinement. The Clerk of Court shall enclose an authorization form which Plaintiff shall complete and return within ten (10) days of this Order. If the initial partial filing fee of $26.75 is not received within THIRTY (30) DAYS from the date of this Order then this action may be dismissed for Plaintiff's failure to prosecute. The Clerk of Court is directed to docket Plaintiff's Complaint and any attached exhibits. Signed by Magistrate Judge Lisa Pupo Lenihan on October 24, 2018. (kcc)
October 23, 2018 Filing 1 MOTION for Leave to Proceed in forma pauperis by HEATH W. GRAY. (Attachments: #1 Monthly Account Statement, #2 Authorization to be completed by prisoner who seeks leave to proceed in forma paupris, #3 Complaint, #4 Complaint for Injunctive relief and damages, #5 Petition for TRO and for Prleiminary Injunction, #6 Exhibit A, #7 Envelope) (jv)

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Defendant: MICHAEL ZAKEN
Represented By: Scott A. Bradley
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Defendant: ROBERT GILMORE
Represented By: Scott A. Bradley
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Defendant: STEPHEN DURCO
Represented By: Scott A. Bradley
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Plaintiff: HEATH W. GRAY
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