PEREZ v. SCI FAYETTE SUPERINTENDANT JOHN/JANE DOE et al
Plaintiff: PERCY PEREZ
Defendant: CITY OF LABELLE PENNSYLVANIA, JAMES BARNACLE, ANY AND ALL JOHN/JANE DOE DEFENDANTS SCI FAYETTE, COUNTY OF FAYETTE PA, SCI FAYETTE SUPERINTENDANT JOHN/JANE DOE, CORRECTIONAL LT RHODES, CORRECTIONAL SGT MCINTYRE, CORRECTIONAL OFF MEESE, SCI FAYETTE SUPER. M. CAPOZZA, CORRECTIONAL SGT. MCINTYRE, CORRECTIONAL LT. RHODES and CORRECTIONAL OFF. MEESE
Case Number: 2:2021cv00332
Filed: March 11, 2021
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Lisa Pupo Lenihan
Referring Judge: Arthur J Schwab
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 September 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2021 Filing 20 SUPPLEMENT by PERCY PEREZ to #16 Appeal of Magistrate Judge Decision to District Court,. (Attachments: #1 Envelope) (sdp)
April 20, 2021 Opinion or Order Filing 19 Memorandum Order denying #16 Appeal of Magistrate Judge Decision to District Court, filed by PERCY PEREZ Signed by Judge Arthur J. Schwab on 4-20-21. This Order was mailed via first class mail this date to Pro Se Plaintiff at address of record. (nam)
April 14, 2021 Filing 18 Remark: ORDER that certified copies of the (ECF No. #6 ) Order entered 3/24/2021 and of (ECF No. #17 ) Plaintiff's Authorization were both mailed to the Inmate Account Officer at S.C.I. Greene. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
April 9, 2021 Filing 17 Authorization permitting withdrawal of prison account funds to pay filing fee by PERCY PEREZ. (Attachments: #1 Envelope) (sdp)
April 8, 2021 Magistrate Judge Lisa Pupo Lenihan no longer assigned to case. (cww)
April 8, 2021 Judge Arthur J. Schwab presiding. Magistrate Judge Lisa Pupo Lenihan referred. (cww)
April 6, 2021 Filing 16 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by PERCY PEREZ re #11 Order denying without prejudice Motion for Appointment of Counsel, (Attachments: #1 Request, #2 Envelope) (sdp) Modified on 4/8/2021 to link to correct docket entry (kcb).
March 31, 2021 Opinion or Order Filing 15 ORDER 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. 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 Plaintiffs Motion for Stay of Action Pending Service of Filing Fee Account Deduction Authorization Form #14 is DENIED as moot. Signed by Magistrate Judge Lisa Pupo Lenihan on March 31, 2021. (Attachments: #1 Exhibit Authorization Form) (kcb)
March 31, 2021 Filing 14 MOTION for Stay of Action Pending Service of Filing Fee Account Authorization Form, by PERCY PEREZ. (Attachments: #1 Envelope) (jjg)
March 30, 2021 Opinion or Order Filing 13 STANDING PRACTICE ORDER FOR PRO SE CIVIL RIGHTS CASES. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/30/2021. (jmb)
March 29, 2021 Opinion or Order Filing 12 ORDER denying as moot #9 Plaintiff's Motion to Stay given that the Court has denied without prejudice Plaintiff's Motion for Appointment of Counsel. See ECF No. 11. Signed by Magistrate Judge Lisa Pupo Lenihan on March 29, 2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kcb)
March 29, 2021 Opinion or Order Filing 11 ORDER that Plaintiff's (ECF No. #9 ) Motion for Appointment of Counsel is DENIED without prejudice. Signed by Magistrate Judge Lisa Pupo Lenihan on 03/29/2021. (jmb)
March 29, 2021 Opinion or Order Filing 10 ORDER denying without prejudice #8 Motion to Produce as premature. The complaint has not yet been served and Defendants have not filed Answers. When an Answer has been filed by all Defendants the Court will order the discovery requested by Plaintiff. Signed by Magistrate Judge Lisa Pupo Lenihan on 3/29/21. 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)
March 26, 2021 Filing 9 MOTION to Appoint Counsel, MOTION to Stay by PERCY PEREZ. (sdp)
March 26, 2021 Filing 8 MOTION to Produce Discovery by PERCY PEREZ. (sdp)
March 25, 2021 Filing 7 COMPLAINT against ANY AND ALL JOHN/JANE DOE DEFENDANTS SCI FAYETTE, JAMES BARNACLE, M. CAPOZZA, CITY OF LABELLE PENNSYLVANIA, COUNTY OF FAYETTE PA, MCINTYRE, MEESE, RHODES ), filed by PERCY PEREZ. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit c) (sdp)
March 24, 2021 Opinion or Order Filing 6 ORDER granting #3 Plaintiff's Motion for Leave to Proceed in forma pauperis to the extent that the case may proceed without the prepayment of the entire $350.00 filing fee. However, Plaintiff shall pay $75.54 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 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 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 the Clerk of Court shall mail a copy of this Order to the Inmate Account Officer at Plaintiff's place of confinement if and once Plaintiff has returned his authorization form. 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 March 24, 2021. (kcb)
March 15, 2021 Filing 5 Authorization permitting withdrawal of prison account funds to pay filing fee by PERCY PEREZ. (sdp)
March 15, 2021 Filing 4 Prisoner Trust Fund Account Statement by PERCY PEREZ. (sdp)
March 15, 2021 Filing 3 MOTION for Leave to Proceed in forma pauperis by PERCY PEREZ. (Attachments: #1 Envelope) (sdp)
March 11, 2021 Filing 2 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PERCY PEREZ. (sdp)
March 11, 2021 Filing 1 CIVIL RIGHTS COMPLAINT RECEIVED. NO FEE OR IFP (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 MOTION, #5 MOTION, #6 Envelope) (sdp)

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Defendant: CITY OF LABELLE PENNSYLVANIA
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Defendant: JAMES BARNACLE
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Defendant: ANY AND ALL JOHN/JANE DOE DEFENDANTS SCI FAYETTE
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Defendant: COUNTY OF FAYETTE PA
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Defendant: SCI FAYETTE SUPERINTENDANT JOHN/JANE DOE
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Defendant: CORRECTIONAL LT RHODES
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Defendant: CORRECTIONAL SGT MCINTYRE
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Defendant: CORRECTIONAL OFF MEESE
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Defendant: SCI FAYETTE SUPER. M. CAPOZZA
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Defendant: CORRECTIONAL SGT. MCINTYRE
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Defendant: CORRECTIONAL LT. RHODES
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Defendant: CORRECTIONAL OFF. MEESE
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Plaintiff: PERCY PEREZ
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