WHITE v. WETZEL et al
| ALVIN GEORGE WHITE, JR. |
| JOHN E. WETZEL, MELINDA ADAMS and MARCIA COMBINE |
| 2:2020cv01546 |
| October 15, 2020 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 pr |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.
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Filing 22
ORDER: STANDING PRACTICE ORDER FOR PRO SE CIVIL RIGHTS CASES. Signed by Magistrate Judge Lisa Pupo Lenihan on 12/07/2020. (jmb)
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| Filing 21 Remark: Service copies were forwarded to the U.S. Marshal. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) |
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Filing 20
ORDER ENTERED that the United States Marshal is directed to mail a copy of the Complaint (ECF. No. #7 ), the Motion to Amend Complaint (ECF No. #14 ) and the Order granting the Motion to Amend Complaint (ECF No. 15 ), notice of lawsuit and request for waiver of service of summons, and waiver, and this order to defendants, John E. Wetzel, Melinda Adams and Marcia Combine, as directed by plaintiff. The costs of service shall be advanced by the United States. The defendants are requested to waive service pursuant to Rule4(d). IT IS FURTHER ORDERED that the defendant(s) file a timely response to the complaint. 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 12/07/2020. (jmb)
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Filing 17
ORDER denying #16 Motion to Compel Discovery as inappropriate and premature. First, discovery is only compelled after it has been ordered to be produced and no production has been made. FRCP 37. Second, discovery in this case will be ordered initially by the Court after an Answer to Plaintiff's complaint has been filed. Plaintiff is advised that if a Motion to Dismiss is filed, it will not be ordered until that motion has been ruled upon. Following the initial order of discovery, Plaintiff may request any additional discovery that is not ordered and the Court will consider the request. Signed by Magistrate Judge Lisa Pupo Lenihan on 11/19/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Lenihan, Lisa)
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| Filing 16 MOTION to Compel Discovery by ALVIN GEORGE WHITE, JR. (Attachments: #1 Envelope) (bgs) |
| Filing 19 Partial Payment of Filing Fee by ALVIN GEORGE WHITE, JR. Fee $20.23, receipt number 24668065776. (gmt) |
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Filing 15
ORDER granting #14 Plaintiff's Motion to Amend Complaint. Section III of the Complaint is amended to include the Eighth Amendment. However, Plaintiff is prohibited from continuing to make singular amendments to his Complaint and no further amendments will be allowed unless he files a Motion for Leave to Amend with an attached Proposed Amended Complaint that includes all of his claims against all parties. Signed by Magistrate Judge Lisa Pupo Lenihan on November 3, 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 14 MOTION to Amend #7 Complaint by ALVIN GEORGE WHITE, JR. (Attachments: #1 Envelope) (bgs) |
| Filing 13 Remark: A certified copy of the (ECF No. #5 ) Order granting Plaintiff's IFP and a certified copy of Plaintiffs (ECF No. #11 ) Authorization were both mailed to the Inmate Account Officer at S.C.I. Mercer. 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 12 Authorization permitting withdrawal of prison account funds to pay filing fee by ALVIN GEORGE WHITE, JR. (Attachments: #1 Envelope) (bgs) |
| Filing 11 Prisoner Trust Fund Account Statement by ALVIN GEORGE WHITE, JR. (elt) |
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Filing 10
ORDER granting #9 Plaintiff's Motion to Amend to the extent that the Court is interpreting this as a Motion to demand a jury trial pursuant to Federal Rule of Civil Procedure 38. As such, the Motion is granted and the jury trial demand will be placed on the docket. Signed by Magistrate Judge Lisa Pupo Lenihan on October 23, 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 9 MOTION to Amend #7 Complaint by ALVIN GEORGE WHITE, JR. (Attachments: #1 Envelope) (ma) |
| Filing 7 COMPLAINT against MELINDA ADAMS, MARCIA COMBINE, JOHN E. WETZEL ), filed by ALVIN GEORGE WHITE, JR. (jjg) |
| Filing 6 Remark: A copy of the (ECF No. #5 ) Order entered 10/19/2020 was mailed to the Plaintiff at his address of record as well as the Inmate Account Officer at S.C.I. Mercer. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb) |
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Filing 5
Order Vacating #4 the Court's previous Order granting #1 Plaintiff's Motion for Leave to Proceed in forma pauperis and granting #1 Plaintiff's MOTION for Leave to Proceed in forma pauperis to the extent that this case may proceed without the prepayment of the entire $350.00 filing fee. However, Plaintiff shall pay $20.23 as an initial partial filing fee as provided by 28 USC 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 Plaintiff's 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 Plaintiff's account exceeds $10.00, the agency shall forward payments to this Court equaling 20% of the preceding month's income credited to his account until the filing fee for this case is paid in full. IT IS FURTHER ORDERED that this Order is binding on the superintendent/warden of any jail or correctional facility where Plaintiff is incarcerated until the filing fee is paid in full in accordance with the provisions of 28 U.S.C. 1915(b)(1). IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this Order to the Inmate Account Officer at Plaintiff's 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. IT IS FURTHER ORDERED that this action may be dismissed for failure to prosecute if Plaintiff fails to return the authorization form within TEN (10) DAYS from the date of this Order or 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 October 19, 2020. (Attachments: #1 Exhibit Authorization Form) (kcb)
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Filing 4
ORDER that the Motion to Proceed In Forma Pauperis (ECF No. #1 ) is GRANTED and the Clerk of Court is directed to file the complaint. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/19/2020. (Attachments: #1 Exhibit Authorization Form) (jmb)
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| Filing 18 Prisoner Trust Fund Account Statement by ALVIN GEORGE WHITE, JR. (elt) |
| Filing 8 Prisoner Trust Fund Account Statement by ALVIN GEORGE WHITE, JR. (Attachments: #1 Account Statement, #2 Envelope) (elt) |
| Filing 3 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ALVIN GEORGE WHITE, JR. (jd) |
| Filing 2 Prisoner Trust Fund Account Statement by ALVIN GEORGE WHITE, JR. (jd) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by ALVIN GEORGE WHITE, JR. (Attachments: #1 MOTION SUPPLEMENT, #2 AUTHORIZATION, #3 Complaint lodged pending disposition of IFP Motion, #4 Envelope) (jd) Modified on 10/19/2020 to remove "habeas petition" language from what was written as "Complaint/habeas petition lodged" since this action is a civil rights action and the plaintiff has filed a complaint and not a habeas petition (kcb). |
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