EVERETTS v. BAPTIST et al
| SHANE ALBERT EVERETTS |
| JUSTIN BAPTIST, JANE DOE, JOHN DOE, BUTLER COUNTY PRISON, CHAD NYE, JOHN DOE WAGNER, JOHN DOE CRILEY, JOHN DOE ZENTZ, JOHN DOE SMITH, JOHN DOE BLOOMING, JOHN DOE TRACY, JEFF KENGERSKI, JOHN DOE EDGAR, JOHN DOE RUSSEL and JOHN DOE EMERY |
| 2:2021cv01047 |
| August 6, 2021 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 pr |
| None |
Docket Report
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
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Filing 18
ORDER denying as moot #14 Plaintiff's Motion requesting authorization to obtain service of process without pre-payment of the US Marshal Fee. As the Court has informed Plaintiff in prior orders, should the Court order that service be made in this case, service will be made by the USMS with the cost of service advanced by the United States. However, the USMS is entitled to seek reimbursement from Plaintiff for the cost of service. Signed by Magistrate Judge Lisa Pupo Lenihan on September 17, 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)
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Filing 17
ORDER denying #15 Plaintiff's Motion requesting to consolidate fees, pay one partial payment and then payments toward the outstanding balance. In Bruce v. Samuels, 577 U.S. 82 (2016), the United States Supreme Court held that the IFP statute calls for simultaneous, not sequential, recoupment of multiple filing fees incurred by an indigent prisoner. Therefore, Plaintiff must pay an initial partial filing fee for each of his cases, as well as monthly payments of 20% of the preceding month's income simultaneously for each action pursued. Signed by Magistrate Judge Lisa Pupo Lenihan on September 17, 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)
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| Filing 16 COMPLAINT against JUSTIN BAPTIST, BLOOMING, BUTLER COUNTY PRISON, CRILEY, JANE DOE, JOHN DOE, EDGAR, EMERY, JEFF KENGERSKI, CHAD NYE, RUSSEL, SMITH, TRACY, WAGNER, ZENTZ ), filed by SHANE ALBERT EVERETTS. (Attachments: #1 Authorization, #2 Cover Letter, #3 Envelope) (ijh) |
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Filing 13
ORDER granting #5 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 $106.33 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. IT IS FURTHER ORDERED that #5 Plaintiff's Motion to Waive Prepayment of USMS to Serve Summons is denied. AND IT IS FURTHER ORDERED that the Clerk of Court reopen this case and docket the Complaint and any attachments thereto. Signed by Magistrate Judge Lisa Pupo Lenihan on September 16, 2021. (Attachments: #1 Exhibit Authorization Form) (kcb)
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Filing 12
ORDER DENYING AS MOOT the (ECF No. #10 ) Motion to Contact Records Department at Butler County Prison and the (ECF No. #6 ) Motion to Submit a Court Order re #5 ) Motion to Proceed in Forma Pauperis. Plaintiff filed a (ECF No. #7 ) Prisoner Trust Fund Account Statement, rendering these motions MOOT. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/16/2021. 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 11
ORDER DENYING the (ECF No. #4 ) Motion for Pre-Payment of USM-285 and the (ECF No. #8 ) Motion to Bill Defendants for USMS and Waiver of Pre-Payment of Fees. Should this case be served, the costs for service will be advanced by the United States. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/16/2021. 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 15 MOTION to Consolidate Fees by SHANE ALBERT EVERETTS. (Attachments: #1 Envelope) (ijh) |
| Filing 14 MOTION Authorization from the Court to Obtain Service of Process Without Pre-Payment of the U.S. Marshal fee by SHANE ALBERT EVERETTS. (Attachments: #1 Envelope) (ijh) |
| Filing 8 MOTION to Bill Defendants for USMS and Waiver of Pre-Payment of Fees for Process of USMS-285 by SHANE ALBERT EVERETTS. (Attachments: #1 Envelope) (ijh) |
| Filing 10 MOTION to Contact Records Department at Butler County Prison by SHANE ALBERT EVERETTS. (Attachments: #1 Envelope) (ijh) |
| Filing 9 Authorization permitting withdrawal of prison account funds to pay filing fee by SHANE ALBERT EVERETTS. (Attachments: #1 Envelope) (ijh) |
| Filing 7 Prisoner Trust Fund Account Statement by SHANE ALBERT EVERETTS. (Attachments: #1 Envelope) (ijh) |
| Filing 6 MOTION to Submit a Court Order re #5 MOTION for Leave to Proceed in forma pauperis filed by SHANE ALBERT EVERETTS. (Attachments: #1 Envelope) (ijh) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis, MOTION to Waive Prepayment of USMS to Serve Summons by SHANE ALBERT EVERETTS. (Attachments: #1 Envelope) (ijh) |
| Filing 4 MOTION FOR PRE-PAYMENT OF USM-285 by SHANE ALBERT EVERETTS. (Attachments: #1 Envelope) (ijh) |
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Filing 3
ORDER that Plaintiff's Motion to Proceed In Forma Pauperis (ECF. No. 1) is DENIED. IT IS FURTHER ORDERED that the plaintiff may submit another motion to proceed in forma pauperis, along with a certified copy of the inmate account statement for the six (6) months preceding the filing of the complaint. If that resubmitted motion is granted, the case will be reopened. IT IS FURTHER ORDERED that the plaintiff may reopen the case by paying the $402.00 filing fee. 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 08/25/2021. (jmb)
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| Filing 2 Correspondence to the court from Plaintiff SHANE EVERETTS (Attachments: #1 Envelope) (ijh) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by SHANE ALBERT EVERETTS. (Attachments: #1 Complaint lodged pending disposition of IFP Motion, #2 Exhibit Authorization, #3 Exhibit, #4 Envelope) (ijh) |
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