JONES et al v. COUNTY OF ALLEGHENY et al
| CARL S. JONES, JR., ANTHONY LEE, CHARLES LANTZY, CHRISTIAN STEVENS, COURDE DAYE, DAELON HILL-JOHNSON, DANIEL MILES, DAYMOND WIGGINS, DEVIN HALE, DEVON THOMPSON, ELIJAH PRICE, GERON ANDERSON, JAIMONE ROBINSON, JAQUE DAVID, JEREMY CARSON, JERMAINE DEHONNEY, JUAN HAYDEN, JUSTIN PARROTTE, MARIO WALL, MARTELL SMITH, NATHANIEL WEATHERSPOON, RACOCO WILLIAMS, RAYMOND HARRISON, ROMAN JONES, STEPHEN DAY, THOMAS MORTON, TO'MICHAEL SHERRELL, WILLIAM LYNN, ZAI'QUAN HENDERSON and JERMAINE RODGERS |
| COUNTY OF ALLEGHENY and WARDEN ORLANDO L. HARPER |
| CODY SMITH |
| 2:2021cv01094 |
| August 18, 2021 |
| US District Court for the Western District of Pennsylvania |
| W Scott Hardy |
| Lisa Pupo Lenihan |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 pr |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 18, 2022. A more recent docket listing may be available from PACER.
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Filing 40
NOTICE of Change of Address by RAYMOND HARRISON. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to RAYMOND HARRISON. (Attachments: #1 Envelope) (kss)
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Judge W. Scott Hardy presiding. (lar)
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Judge Joy Flowers Conti no longer assigned to case. (lar)
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Filing 37
REPORT AND RECOMMENDATION re #14 MOTION for Preliminary Injunction filed by CARL S. JONES, JR. recommending that the Motion be denied. Objections to R&R due by 10/18/2021 Objections to R&R for Unregistered ECF Users due by 10/21/2021 Signed by Magistrate Judge Lisa Pupo Lenihan on 10/04/2021. (vad)
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Magistrate Judge Lisa Pupo Lenihan no longer presiding. (mao)
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Judge Joy Flowers Conti presiding and Magistrate Judge Lisa Pupo Lenihan referred. (mao)
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Filing 36
ORDER denying #35 Motion in Request to Refund $64.27 (Initial Filing Fee) because the Court has not received any money from Plaintiff or his correctional institution for payment of the initial filing fee. IT IS FURTHER ORDERED that if the Court receives the $64.27 payment, or any other amount from Plaintiff Jones, for payment of the filing fee, then the Clerk of Court shall issue a refund to Plaintiff Jones in the appropriate amount. IT IS FURTHER ORDERED that the Inmate Account Officer at Plaintiff Jones' place of confinement is directed to disregard the Court's Order dated August 20, 2021, (ECF No. 5), which granted Plaintiff Jones' Motion for Leave to Proceed in forma pauperis. That Order was vacated by subsequent Court Order dated September 14, 2021, (ECF No. 20), because the full filing fee was paid, (ECF No. 15). As such, no payments should be forwarded to the Court to pay the filing fee for this case. AND IT IS FURTHER ORDERED that the Clerk of Court is directed to mail a copy of this Order to the Inmate Account Officer at Plaintiff Jones' place of confinement. Signed by Magistrate Judge Lisa Pupo Lenihan on September 30, 2021. (kcb)
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Filing 35
MOTION to Request to Refund $64.27 (Initial Filing Fee) by CARL S. JONES, JR. (Attachments: #1 Envelope) (kss)
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Filing 34
NOTICE of Change of Address by CARL S. JONES, JR. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to CARL S. JONES, JR. (Attachments: #1 Envelope) (kss)
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Filing 33
Remark: In compliance with the (ECF No. #29 ) Order entered 9/23/2021, a copy of the (ECF No. #6 ) Complaint, without the exhibits, was mailed to the following Plaintiffs: Anthony Lee, Courde Daye, Daelon Hill-Johnson, Daniel Miles, Daymond Wiggins, Devin Hale, Devon Thompson, Elijah Price, Geron Anderson, Jaque David, Jeremy Carson, Jermaine Dehonney, Juan Hayden, Mario Wall, Martell Smith, Roman Jones, Stephen Day, To-Michael Sherrell, Zai-Quan Henderson, JermaineRodgers, Thomas Morton, and Raymond Harrison. 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 32
ORDER that, pursuant to the (ECF No. #31 ) Order directing the Clerk of Court to request a lawyer consider entering an appearance on behalf of Plaintiffs, this case is placed in administrative suspense. IT IS FURTHER ORDERED this case will be reopened once counsel is appointed or the Clerk of Court informs the Court no counsel can be found. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/24/2021. 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 31
ORDER ENTERED directing that pursuant to 28 USC 1915(e)(1) and the court order of 3/24/1999 at Misc. 99-95, the Clerk of Court is directed to request a lawyer to consider entering an appearance on behalf of the plaintiff. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/23/2021. (jmb)
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Filing 29
ORDER denying as moot #21 Plaintiff Elijah Price's Motion for Leave to Proceed in forma pauperis; denying as moot #23 Plaintiff Devon Thompson's Motion for Leave to Proceed in forma pauperis; denying as moot #25 Plaintiff Martell Smith's Motion for Leave to Proceed in forma pauperis; denying without prejudice #16 the Motion to be Added as a Plaintiff filed by Cody Smith. IT IS FURTHER ORDERED that the Clerk of Court is directed to mail a copy of theComplaint, without the exhibits, to the following plaintiffs: Anthony Lee, Courde Daye, Daelon Hill-Johnson, Daniel Miles, Daymond Wiggins, Devin Hale, Devon Thompson, Elijah Price, Geron Anderson, Jaque David, Jeremy Carson, Jermaine Dehonney, Juan Hayden, Mario Wall, Martell Smith, Roman Jones, Stephen Day, To-Michael Sherrell, Zai-Quan Henderson, JermaineRodgers, Thomas Morton, and Raymond Harrison. These plaintiffs shall have until October 25, 2021, to sign and return the Complaint. If any plaintiff fails to comply then they will be dismissed from this action for failure to prosecute. IT IS FURTHER ORDERED that the following plaintiffs have until October 25, 2021, to update their address with the Court: Charles Lantzy, Christian Stevens, Jaimone Robinson, Justin Parrotte, Nathaniel Weatherspoon, Racoco Williams, and William Lynn. If any plaintiff fails to comply then they will be dismissed from this action for failure to prosecute. For the plaintiffs that do comply by the deadline then the Clerk of Court is directed to mail them a copy of this Order along with a copy of the Complaint so that they, too, can sign and return it. IT IS FURTHER ORDERED that the plaintiffs are under a continuing obligation to notify the Court of any change in their address by filing a separate document entitled "Notice of Change of Address." Failure to do so may result in the dismissal of this case against them if the Court or defendants are not able to serve documents upon the plaintiffs because they have not kept their address of record current. AND IT IS FURTHER ORDERED that the plaintiffs are allowed fourteen (14) days from this date to appeal this order to a District Judge pursuant to Rule 72.C.2 of the Local Rules. Failure to appeal within fourteen (14) days may constitute waiver of the right to appeal. Signed by Magistrate Judge Lisa Pupo Lenihan on September 23, 2021. (kcb)
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Filing 28
Remark: The following Plaintiffs had mailings from the Court returned with messages written on the envelopes indicating they were either gone or released from the Allegheny County Jail: Christian Stevens, Carl S. Jones, Jr., Justin Parrotte, Racoco Williams, Nahtaniel Weatherspoon, Jainmoe Robinson, Thomas Morton, William Lynn and Charles Lantzy. No mailings will be sent to these Plaintiffs until they file a change of address form with the Clerk of Court. (jmb)
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Filing 27
ORDER granting in part and denying in part #8 Motion to Appoint Counsel. As this is a civil action, the Court cannot appoint counsel as it would for a criminal matter. It can, however, attempt to find counsel willing to accept representation in this action on a pro bono basis. Given the complexity presented by the joinder of numerous plaintiffs in the same action, the Court will try to find counsel willing to undertake representation. This may or may not be successful. The Court will make three requests for pro bono representation and if no one accepts the case will proceed pro se (without counsel). Signed by Magistrate Judge Lisa Pupo Lenihan on 9/20/21. 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)
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Filing 26
Prisoner Trust Fund Account Statement by MARTELL SMITH. (Attachments: #1 Envelope) (kss)
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Filing 25
MOTION for Leave to Proceed in forma pauperis by MARTELL SMITH. (Attachments: #1 Envelope) (kss)
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Filing 24
Prisoner Trust Fund Account Statement by DEVON THOMPSON. (Attachments: #1 Envelope) (kss)
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Filing 23
MOTION/Application for Leave to Proceed in forma pauperis by DEVON THOMPSON. (Attachments: #1 Envelope) (kss)
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Filing 22
Prisoner Trust Fund Account Statement by ELIJAH PRICE. (Attachments: #1 Envelope) (kss)
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Filing 21
MOTION/Application for Leave to Proceed in forma pauperis by ELIJAH PRICE. (Attachments: #1 Envelope) (kss)
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Filing 20
Order vacating #5 the Order granting the Motion for Leave to Proceed in forma pauperis that was filed by Plaintiff CARL S. JONES, JR. Because the full $402.00 filing fee was prepaid on September 10, 2021, ECF No. 15, it is hereby ORDERED that Plaintiff CARL S. JONES, JR.'s Motion for Leave to Proceed in forma pauperis #1 is denied as moot. See ECF No. 4. Signed by Magistrate Judge Lisa Pupo Lenihan on September 14, 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 19
ORDER denying as moot #10 the Motion for Leave to Proceed in forma pauperis filed by Plaintiff DAELON HILL-JOHNSON. The full $402.00 filing fee was prepaid on September 10, 2021, see ECF No. 15; therefore, the Plaintiffs in this case are no longer required to move for and be granted leave to proceed IFP. See ECF No. 4. Because the full filing fee has been prepaid, a separate order will be entered vacating the order granting Plaintiff CARL S. JONES, JR.'s motion for leave to proceed IFP that was entered on August 20, 2021. See ECF No. 5. That motion, too, will be denied as moot. Signed by Magistrate Judge Lisa Pupo Lenihan on September 14, 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 18
NOTICE of Change of Address by THOMAS MORTON. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to THOMAS MORTON. (Attachments: #1 Envelope) (kss)
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Filing 17
Authorization permitting withdrawal of prison account funds to pay filing fee by CARL S. JONES, JR. (Attachments: #1 Exhibit, #2 Envelope) (jv)
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Filing 16
MOTION to be added as a plaintiff to this action by CODY SMITH. (Attachments: #1 Envelope) (jv)
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Filing 15
Filing fee paid by Juan Hayden: $402, receipt number 24668071032 (kss)
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Filing 14
MOTION for Preliminary Injunction by CARL S. JONES, JR. (Attachments: #1 Envelope) (kss)
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Filing 13
Remark: ECF #4 returned to sender. (kss)
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Filing 12
Remark: A copy of the (ECF No. #5 ) Order granting Plaintiff Carl S. Jones, Jr.'s (ECF No. #1 ) Motion to Proceed in Forma Pauperis was mailed to every party at their address of record as of 8/31/2021. 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
Prisoner Trust Fund Account Statement by DAELON HILL-JOHNSON. (Attachments: #1 Envelope) (sms)
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Filing 10
MOTION for Leave to Proceed in forma pauperis by DAELON HILL-JOHNSON. (Attachments: #1 Envelope) (sms)
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Filing 9
NOTICE of Change of Address by CARL S. JONES, JR. FILER advised that the change of address has been made on above captioned matter only. If you wish to have address changed on other matters before this court, it is your responsibility to file such a notice at each case number. This NEF has been mailed to CARL S. JONES, JR. (Attachments: #1 Envelope) (sms)
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Filing 8
MOTION for Appointment of Counsel by CARL S. JONES, JR. (Attachments: #1 Exhibit A) (kss)
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Filing 7
Authorization permitting withdrawal of prison account funds to pay filing fee by CARL S. JONES, JR. (kss)
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Filing 6
COMPLAINT against COUNTY OF ALLEGHENY, ORLANDO L. HARPER ), filed by CARL S. JONES, JR. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q) (kss)
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Filing 5
ORDER granting #1 Plaintiff Carl S. Jones, Jr.'s Motion for Leave to Proceed in forma pauperis to the extent that this case may proceed without the prepayment of the entire $350.00 filing fee. However, Plaintiff shall pay $64.27 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 August 20, 2021. (Attachments: #1 Exhibit Authorization Form) (kcb)
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Filing 4
ORDER that, if they desire to proceed with this action, each of the remaining twenty-nine (29) Plaintiffs must submit a motion to proceed in forma pauperis, along with certified copies of their inmate account statements for the six (6) months preceding the filing of the complaint. Or, they may proceed with this case by paying the full $402.00 filing fee. IT IS FURTHER ORDERED that if the remaining twenty-nine (29) Plaintiffs do not submit motions to proceed in forma pauperis or pay the $402.00 filing fee within thirty (30) days from the date of this Order then they will be dismissed from this action and this case will proceed with only those Plaintiffs who have complied with this Order. AND IT IS FURTHER ORDERED that the Plaintiffs are allowed fourteen (14) days from this date to appeal this order to a District Judge pursuant to Rule 72.C.2 of the Local Rules. Failure to appeal within fourteen (14) days may constitute waiver of the right to appeal. Signed by Magistrate Judge Lisa Pupo Lenihan on August 20, 2021. (kcb)
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Filing 3
Prisoner Trust Fund Account Statement by CARL S. JONES, JR. (Attachments: #1 Envelope) (kss)
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Filing 2
CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by CARL S. JONES, JR. (Attachments: #1 Envelope) (kss)
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Filing 1
MOTION for Leave to Proceed in forma pauperis by CARL S. JONES, JR. (Attachments: #1 Complaint lodged pending disposition of IFP Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Authorization from Prisoner, #20 Motion for Appointment of Counsel, #21 Exhibit A to Motion for Counsel, #22 Envelope) (kss)
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