GRAHAM v. PENNSYLVANIA DEPARTMENT OF HEALTH DIVISION OF VITAL RECORDS
| ZACHARY R. GRAHAM |
| PENNSYLVANIA DEPARTMENT OF HEALTH DIVISION OF VITAL RECORDS |
| 2:2021cv00846 |
| July 1, 2021 |
| US District Court for the Western District of Pennsylvania |
| Maureen P Kelly |
| Arthur J Schwab |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 pr |
| None |
Docket Report
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| Document Text |
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| Filing 11 OBJECTIONS to #8 Report and Recommendation filed by ZACHARY R. GRAHAM. (Attachments: #1 Envelope) (lar) |
Filing 10
Plaintiff moves this Court to order non-party Pennsylvania Department of Corrections to grant her two-hour sessions twice a week in her prison's law library. ECF No. #9 . The asserted reason is that Plaintiff is unable to find case law to support her forthcoming objections to the pending Report and Recommendation. ECF No. #8 .There is a well-established policy of non-interference by the courts in the day-to-day operation of prisons. See Tilley v. Allegheny Cnty. Jail, No. 09299, 2010 WL 1664900, at *5 (W.D. Pa. Feb.18, 2010) (internal citations omitted) (Hay, C. Mag. J.). Based on the allegations in the motion, there is no indication that additional time would not cure the scheduling difficulties that Plaintiff is experiencing. Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion, ECF No. #9 is construed as a motion for extension of time to respond to the Report and Recommendation, and GRANTED. The deadline to submit objections to the Report and Recommendation, ECF No. #8 is extended to 9/2/2021. Signed by Magistrate Judge Maureen P. Kelly on 7/30/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dad)
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| Set/Reset Deadlines as to #8 REPORT AND RECOMMENDATION re #5 Complaint filed by ZACHARY R. GRAHAM. Objections to R&R due by 9/2/2021 (dad) |
| Filing 9 MOTION to Order for Law Library Access by ZACHARY R. GRAHAM. Motion(s) referred to Maureen P. Kelly. (Attachments: #1 Envelope) (lar) |
| Filing 8 REPORT AND RECOMMENDATION respectfully recommending that the #5 Complaint filed by ZACHARY R. GRAHAM be pre-service dismissed, sua sponte, pursuant to 28 U.S.C. 1915(e)(2)(B)(i) and (ii) as frivolous or malicious, and for failure to state a claim upon which relief may be granted. It is further recommended that Plaintiff be given leave to amend her claims under the American with Disabilities Act and the Rehabilitation Act, as well as to amend her Fourteenth Amendment Equal Protection claim to allege sufficient facts to state a claim against a proper defendant, if she is able to do so. Objections to R&R due by 8/2/2021. Signed by Magistrate Judge Maureen P. Kelly on 7/16/2021. (Attachments: #1 Appendix Form Request to Modify Birth Record) (dad) |
| Judge Arthur J. Schwab presiding. Magistrate Judge Maureen P. Kelly referred. (cww) |
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Filing 7
ORDER denying #6 Motion to Proceed Using Feminine Pronouns and Titles, to the extent 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. Signed by Magistrate Judge Maureen P. Kelly on 7/13/21. (akr)
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| Filing 6 MOTION to Proceed Using Feminine Pronouns and Titles by ZACHARY R. GRAHAM. (lar) |
| Filing 5 COMPLAINT against PENNSYLVANIA DEPARTMENT OF HEALTH DIVISION OF VITAL RECORDS, filed by ZACHARY R. GRAHAM. (lar) |
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Filing 3
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to file the Complaint. As more fully stated in the Order. Signed by Magistrate Judge Maureen P. Kelly on 7/8/2021. (dad)
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| Filing 2 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ZACHARY R. GRAHAM. (Attachments: #1 Envelope) (lar) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by ZACHARY R. GRAHAM. (Attachments: #1 Complaint lodged pending disposition of IFP Motion, #2 Motion to Proceed Using Feminine Pronouns and Titles, #3 Envelope) (lar) |
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