SHAREEF v. O'DONNELL et al
| HASAN SHAREEF |
| CO BRAIN PALKO, DA TERRY SCHULTZ, CO WATIMERE, WILLIAM O'DONNELL, WARDEN SNEDEN, JEFFREY KENGERSKI, SGT. BLUMMING, MICHAEL SCUILLO, MARK BOWMAN, CAPTAIN MOORE, STATE POLICE IN BUTLER and MARK BATISER |
| 2:2020cv00426 |
| March 27, 2020 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 pr |
| None |
Docket Report
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This docket was last retrieved on August 12, 2020. A more recent docket listing may be available from PACER.
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| FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI) |
| Filing 15 Authorization permitting withdrawal of prison account funds to pay filing fee by HASAN SHAREEF. (jmm) |
| Filing 14 Remark: A certified copy of Plaintiff's (ECF No. [12-1]) Authorization was sent to the Inmate Account Officer at S.C.I. Forest. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) |
Filing 13
ORDER granting #12 Plaintiff's Motion to Reopen Case. The Clerk of Court is directed to reopen this case and to docket Plaintiff's Authorization, which is found at ECF No. 12-1. Signed by Magistrate Judge Lisa Pupo Lenihan on May 15, 2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kcb)
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| Filing 12 MOTION to Reopen Case by HASAN SHAREEF. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (ept) |
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Filing 11
ORDER re #10 Plaintiff's Withdrawal of Action. Yesterday, the Court entered an Order to Show Cause why this case should not be dismissed for Plaintiff's failure to submit his Authorization form indicating whether he authorized partial payments from his prison account to pay the filing fee for this case or whether he wished to voluntarily withdraw this action without payment of any portion of the filing fee. See ECF No. 9. That Order crossed in the mail with Plaintiff's Authorization form, which the Court received today. Plaintiff's Authorization form indicates that he wishes to voluntarily withdraw this action. As such, there is no further action required on Plaintiff's part and the Clerk is directed to mark this CASE CLOSED. Signed by Magistrate Judge Lisa Pupo Lenihan on May 1, 2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kcb)
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| Filing 10 WITHDRAWAL of Action re #4 Complaint, by HASAN SHAREEF. (Attachments: #1 Envelope) (jd) Modified text on 5/1/2020 to reflect correction description of filing. (kcb) |
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Filing 9
ORDER TO SHOW CAUSE why this case should not be dismissed for Plaintiff's failure to comply with the Court's Order at 4/3/2020 (ECF No. #3 ) insofar as Plaintiff has failed to complete and return his Authorization form, which was due by 4/13/20. As of today, the Court has not received Plaintiff's Authorization form. Plaintiff shall have until 5/15/20 to complete and return the Authorization form (ECF No. 3-1) that the Clerk is directed to enclose with this Order. On this form, Plaintiff shall sign either the top section that authorizes monthly payments from his inmate account or the bottom section that moves to withdraw this action without payment of any portion of the filing fee. Plaintiff shall not sign both sections of the form. If this form is not received by 5/15/20, then this action may be dismissed without further notice to Plaintiff. Signed by Magistrate Judge Lisa Pupo Lenihan on April 29, 2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kcb)
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| Filing 8 Original filed in error. Corrected entry filed at ECF No. 9. |
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Filing 7
ORDER denying as moot #6 Plaintiff's Motion for Leave to Proceed in forma pauperis. Plaintiff has already been granted leave to proceed in forma pauperis by Order dated 4/3/2020 at ECF No. #3 . However, to the extent Plaintiff is not seeking leave to proceed in forma pauperis, but instead asking that he be relieved from having to pay the $25.17 initial partial filing fee, as also ordered by the Court on 4/3/2020, his motion is granted. However, Plaintiff is still assessed the total $350.00 filing fee in this case. The filing fee is mandated by statute and the Court cannot relieve a party from having to pay it. Nevertheless, as directed by the Court in its Order dated 4/3/2020, Plaintiff has been granted leave to pay this filing fee in partial payments of 20% of his preceding month's income credited to his account until the filing fee for this case is paid in full. As such, while Plaintiff does not have to pay an initial partial filing fee, he still has to pay the entire $350.00 filing fee in partial payments. Signed by Magistrate Judge Lisa Pupo Lenihan on April 29, 2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kcb)
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| Filing 6 MOTION to Proceed Without Prepayment of Fees and Costs by HASAN SHAREEF. (Attachments: #1 Envelope) (plp) |
| IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI) |
| Filing 5 Prisoner Trust Fund Account Statement by HASAN SHAREEF. (jv) |
| Filing 4 COMPLAINT against MARK BATISER, BLUMMING, MARK BOWMAN, JEFFREY KENGERSKI, MOORE, WILLIAM O'DONNELL, BRAIN PALKO, TERRY SCHULTZ, MICHAEL SCUILLO, SNEDEN, STATE POLICE IN BUTLER, WATIMERE, filed by HASAN SHAREEF. (Attachments: #1 Complaint Part 2, #2 Complaint Part 3, #3 Exhibit) (jv) |
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Filing 3
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. While Plaintiff is assessed the total $350.00 filing fee, he shall pay $25.17 as an initial partial filing fee as provided by 28 U.S.C. 1915(b)(1)(A). IT IS FURTHER ORDERED that the agency having custody of Plaintiff shall forward, within THIRTY (30) DAYS from the date of this Order, the initial partial filing fee to the Clerk of Court. IT IS FURTHER ORDERED that after the payment of the initial partial filing fee, each time a deposit is made to Plaintiffs account, the agency having custody of Plaintiff shall set aside the deposit immediately before any disbursement is made by Plaintiff, and when the amount in Plaintiffs account exceeds $10.00, the agency shall forward payments to this Court equaling 20% of the preceding months income credited to his account until the filing fee for this case is paid in full. IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this Order to the Inmate Account Officer at Plaintiffs place of confinement. IT IS FURTHER ORDERED that the Clerk of Court shall enclose with this Order an authorization form which Plaintiff shall complete and return to the Court within ten (10) days of entry of this Order. On this form, Plaintiff shall sign either the section that authorizes monthly payments from his inmate account or the section that moves to withdraw this action without payment of any portion of the filing fee. Plaintiff shall not sign both sections of the form. IT IS FURTHER ORDERED that this action may be dismissed for failure to prosecute if Plaintiff authorizes payments and the initial partial filing fee is not received within thirty (30) days from the date of this Order. AND IT IS FURTHER ORDERED that the Clerk of Court docket the Complaint and any attachments thereto. Signed by Magistrate Judge Lisa Pupo Lenihan on April 3, 2020. (Attachments: #1 Exhibit Authorization) (kcb)
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| Filing 2 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by HASAN SHAREEF. (sdp) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by HASAN SHAREEF. (Attachments: #1 Authorization, #2 complaint, #3 account statement, #4 complaint, #5 complaint, #6 Petition for Authority, #7 Envelope) (sdp) |
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