GRAHAM v. PENNSYLVANIA DEPARTMENT OF TRANSPORTATION et al
| ZACHARY R. GRAHAM |
| PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, PATRICK HOMER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS and YASSMIN GRAMIN |
| 2:2021cv00449 |
| April 8, 2021 |
| US District Court for the Western District of Pennsylvania |
| Maureen P Kelly |
| Arthur J Schwab |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 pr |
| Plaintiff |
Docket Report
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| Filing 16 OBJECTIONS to #15 Report and Recommendation filed by ZACHARY R. GRAHAM. (Attachments: #1 Envelope) (jd) |
| Filing 15 REPORT AND RECOMMENDATION respectfully recommending that the following claims in the #8 Complaint be pre-service dismissed, sua sponte, pursuant to 28 U.S.C. 1915(e)(2)(B)(i) and (ii): (1) all claims against Defendants Pennsylvania Department of Corrections and Pennsylvania Department of Transportation; (2) all claims against Defendant Patrick Homer; and (3) all claims arising under the Eighth Amendment, the Americans with Disabilities Act, and the Rehabilitation Act. It is further recommended that the sole remaining claim Plaintiff's Fourteenth Amendment Equal Protection claim against Defendant Yassmin Gramin not be pre-service dismissed at this time. As more fully stated in the R&R. Objections to R&R due by 5/27/2021 Objections to R&R for Unregistered ECF Users due by 6/1/2021 Signed by Magistrate Judge Maureen P. Kelly on 5/13/2021. (dad) |
| Judge Arthur J. Schwab presiding. Magistrate Judge Maureen P. Kelly referred. (cww) |
| Magistrate Judge Maureen P. Kelly no longer presiding. (cww) |
Filing 14
IT IS HEREBY ORDERED that Plaintiff's Motion to Proceed Using Feminine Pronouns and Titles, ECF No. #10 , is DENIED to the extent that it seeks an order compelling court staff or the parties to use specific gendered pronouns or appellations. The undersigned will use the same as a matter of courtesy. IT IS FURTHER ORDERED that Plaintiff's Motion to Question the Constitutionality of Defendants Policy under Ex Parte Doctrine, ECF No. #12 is DENIED as premature. IT IS FURTHER ORDERED that Plaintiff's Motion to Issue Subpoena, ECF No. #13 , is DENIED as MOOT. As more fully stated in the Order. Signed by Magistrate Judge Maureen P. Kelly on 4/30/2021. (dad)
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| Filing 13 MOTION to Issue Subpoena by ZACHARY R. GRAHAM. (Attachments: #1 Notice of Intent to Serve a Subpoena, #2 Authorization to Serve a Subpoena, #3 Subpoena to Produce Document and Things) (jd) |
| Filing 12 MOTION to Question the Constitutionality of Defendants Policy by ZACHARY R. GRAHAM. (Attachments: #1 Proposed Order) (jd) |
| Filing 11 Motion for Mandatory Injunctive Relief by ZACHARY R. GRAHAM. (Attachments: #1 Proposed Order) (jd) |
| Filing 10 Motion to Proceed using Feminine Pronouns and Titles by ZACHARY R. GRAHAM. (Attachments: #1 Proposed Order) (jd) |
| Filing 9 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ZACHARY R. GRAHAM. (jd) |
| Filing 8 COMPLAINT against YASSMIN GRAMIN, PATRICK HOMER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION ), filed by ZACHARY R. GRAHAM. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Declaration) (jd) |
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Filing 7
IT IS HEREBY ORDERED that Plaintiff's second motion to proceed in forma pauperis, ECF No. #4 , is GRANTED. The Clerk of Court is directed to reopen this case and file the Complaint. Plaintiff's initial, deficient IFP Motion, ECF No. #1 , is DENIED as MOOT. As more fully stated in the Order. Signed by Magistrate Judge Maureen P. Kelly on 4/27/2021. (dad)
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| Filing 6 Authorization permitting withdrawal of prison account funds to pay filing fee by ZACHARY R. GRAHAM. (Attachments: #1 Envelope) (jd) |
| Filing 5 Prisoner Trust Fund Account Statement by ZACHARY R. GRAHAM. (Attachments: #1 Envelope) (jd) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by ZACHARY R. GRAHAM. (Attachments: #1 Envelope) (jd) |
| Filing 3 EXHIBITS in Support of #1 Motion for Leave to Proceed in forma pauperis,,, by ZACHARY R. GRAHAM. (Attachments: #1 Envelope) (jd) |
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Filing 2
DEFICIENCY ORDER: Submission of required paperwork due by 5/12/2021, as more fully stated in the Order. The Clerk is directed to mark this case ADMINISTRATIVELY CLOSED. Signed by Magistrate Judge Maureen P. Kelly on 4/12/2021. (dad)
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| Filing 1 MOTION for Leave to Proceed in forma pauperis by ZACHARY R. GRAHAM. (Attachments: #1 Monthly Account Statement, #2 Authorization, #3 Complaint lodged pending IFP Motion, #4 Exhibit One, #5 Exhibit Two, #6 Exhibit Three, #7 Exhibit Four, #8 Exhibit Five, #9 Exhibit Six, #10 Exhibit Seven, #11 Declaration, #12 Motion to Proceed using Feminine Pronouns and Titles, #13 Proposed Order, #14 Motion for Mandatory Injunctive Relief, #15 Proposed Order, #16 Motion to Question the Constitutionality of Defendants Policy, #17 Proposed Order, #18 Motion to Issue Subpoena, #19 Notice of Intent to Serve a Subpoena, #20 Authorization to Serve a Subpoena, #21 Subpoena to Produce Document and Things, #22 Consent to Jurisdiction by U.S. Magistrate Judge/District Judge Option, #23 Envelope) (jjg) |
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