TALLEY v. MOORE et al
| QUINTEZ TALLEY |
| ROBERT MCSURDY, PETER C. SAAVEDRA, TRAVIS NAPP, SGT. LOUIS DOBISH, MHM, RHONDA HOUSE, PA DEPT. OF GENERAL SERVICES, SCOTT NICKELSON, JOHN E. WETZEL, KERI MOORE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS and C/O ANDREW HIGINBOTHAM |
| 2:2021cv00298 |
| March 4, 2021 |
| US District Court for the Western District of Pennsylvania |
| Cynthia Reed Eddy |
| Nora Barry Fischer |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 pr |
| Plaintiff |
Docket Report
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Filing 11
ORDER FOR SERVICE DOCUMENTS: Plaintiff has been granted IFP status for the limited purpose of resolving his claims alleging inadequate policies and practices regarding fire safety in the RHU, with all other claims dismissed, leaving five (5) Defendants remaining in this case. Plaintiff shall provide the Court with proper instructions for service upon each of the following Defendants: PENNSYLVANIA DEPARTMENT OF CORRECTIONS; PA DEPARTMENT OF GENERAL SERVICES; JOHN E. WETZEL; ROBERT MCSURDY; and TRAVIS NAPP. Service instructions shall consist of a U.S. Marshal Form 285, Notice of a Lawsuit and Request to Waive Service of a Summons (AO Form 398), and Waiver of the Service of Summons (AO Form 399) for each of the Defendants listed in this Order. A copy of each form must be submitted for each Defendant on or before 5/26/2021. Failure to comply with this Order may result in dismissal of this action. No extensions will be granted without good cause. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/26/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
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Filing 10
COMPLAINT against LOUIS DOBISH, ANDREW HIGINBOTHAM, RHONDA HOUSE, ROBERT MCSURDY, MHM, KERI MOORE, TRAVIS NAPP, SCOTT NICKELSON, PA DEPT. OF GENERAL SERVICES, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, PETER C. SAAVEDRA, JOHN E. WETZEL, filed by QUINTEZ TALLEY. (bsc)
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Filing 9
ORDER re #1 Motion for Leave to Proceed in forma pauperis filed by QUINTEZ TALLEY. As indicated, Plaintiff shall pay the filing fee of $350.00 in installments. The Clerk of Court is directed to file the Complaint. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/23/2021. (Attachments: #1 Exhibit - Authorization) (bsc)
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Filing 8
MEMORANDUM ORDER: IT IS HEREBY ORDERED that Talley's Objections #7 are OVERRULED and his request to hold this case in abeyance is DENIED, as moot; IT IS FURTHER ORDERED that the Report and Recommendation of the Chief Magistrate Judge, dated March 18, 2021, #4 is ADOPTED as the Opinion of the Court, as supplemented by the additional findings in this Memorandum Order; IT IS FURTHER ORDERED that Talley's Motion for Leave to Proceed in forma pauperis #1 is GRANTED, IN PART, and DENIED, IN PART. Said Motion is granted to the extent that Talley is granted IFP status for the limited purpose of resolving his claims alleging inadequate policies and practices regarding fire safety in the RHU. Said Motion is denied as to the remainder of Talley's claims, all of which are DISMISSED, without prejudice, to Talley reasserting them by paying the full statutory and administrative filing fees of $402.00; and, IT IS FURTHER ORDERED that this case is referred back to Chief Magistrate Judge Cynthia Reed Eddy for further pretrial proceedings. Signed by Judge Nora Barry Fischer on 4/23/2021. (sms)
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Filing 7
OBJECTIONS to #4 Report and Recommendation filed by QUINTEZ TALLEY. (Attachments: #1 Envelope) (ma)
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Filing 6
TEXT ORDER granting #5 Motion for Extension of Time to File Objections to #4 REPORT AND RECOMMENDATION re #1 MOTION for Leave to Proceed in forma pauperis filed by QUINTEZ TALLEY. Plaintiff's objections are due by by 4/20/2021. Signed by Judge Nora Barry Fischer on 4/8/2021. 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 5
MOTION for Extension of Time to File Response/Reply as to #4 REPORT AND RECOMMENDATION re #1 MOTION for Leave to Proceed in forma pauperis filed by QUINTEZ TALLEY, by QUINTEZ TALLEY. Motion(s) referred to Cynthia Reed Eddy. (Attachments: #1 Envelope) (ma)
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Filing 4
REPORT AND RECOMMENDATION indicating that, for reasons more fully stated within, it is recommended that the #1 MOTION for Leave to Proceed in forma pauperis filed by QUINTEZ TALLEY be granted in part and denied in part. Specifically, it is recommended that Talley be granted IFP status as to his claims about DOC's alleged inadequate policies and practices regarding fire safety in the RHU cells. It is further recommended that all other claims be dismissed without prejudice, and can be reasserted if Talley pays the appropriate filing fee. Talley may file written objections to this R&R by 4/6/2021. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/18/2021. (bsc)
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Magistrate Judge Cynthia Reed Eddy no longer assigned to case. (cww)
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Judge Nora Barry Fischer presiding. Magistrate Judge Cynthia Reed Eddy referred. (cww)
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Filing 3
STANDING PRACTICE ORDER FOR PRO SE CIVIL RIGHTS CASES. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/9/2021. (cmc)
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Filing 2
Prisoner Trust Fund Account Statement by QUINTEZ TALLEY. (Attachments: #1 Envelopes) (ma)
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Filing 1
MOTION for Leave to Proceed in forma pauperis by QUINTEZ TALLEY. (Attachments: #1 Authorization by Prisoner, #2 Complaint lodged pending disposition of IFP Motion, #3 Envelopes) (ma)
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