YAGLA v. COUNTY OF FAYETTE et al
| BART M YAGLA, JR. and BART M. YAGLA, JR. |
| COUNTY OF FAYETTE, JOHN LENKEY, JOE BARNES, HEATHER EICHER, ANGELA KERN, ROBERT SPROWL and JIMMY YOUNKIN |
| 2:2021cv01242 |
| September 14, 2021 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 pr |
| None |
Docket Report
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Filing 10
ORDER TO SHOW CAUSE why this case should not be dismissed for Plaintiff's failure to prosecute insofar as Plaintiff has failed to fully comply with this Court's Order dated September 17, 2021 at ECF No. 4. In that Order, Plaintiff was directed to pay an initial partial filing fee of $47.40 by October 17, 2021. As of today, no payment has been received by the Court. Plaintiff will be given one last opportunity to comply with the Court's Order. If, by November 12, 2021, Plaintiff has failed to pay the initial partial filing fee of $47.40, or otherwise shown cause why this case should not be dismissed for his failure to do so, then this case will be dismissed for his failure to prosecute. Signed by Magistrate Judge Lisa Pupo Lenihan on October 28, 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 9 Remark: Certified copies of the (ECF No. #4 ) Order granting Plaintiff's Motion to Proceed in Forma Pauperis and (ECF No. #7 ) Plaintiff's Authorization were mailed to the Inmate Account Officer at Fayette County Prison. 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 8
ORDER DENYING AS MOOT the #6 Motion to Obtain Service of Process Without Prepayment of the U.S. Marshal Fee. Should this case be served, the Court will order the U.S. Marshal to advance the costs of service, rendering this motion MOOT. Signed by Magistrate Judge Lisa Pupo Lenihan on 09/29/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 7 Authorization permitting withdrawal of prison account funds to pay filing fee by BART M. YAGLA, JR. (Attachments: #1 Envelope) (sdp) |
| Filing 6 MOTION for Service OF COMPLAINT by U.S. Marshal by BART M. YAGLA, JR. (sdp) |
| Filing 5 COMPLAINT against JOE BARNES, COUNTY OF FAYETTE, HEATHER EICHER, ANGELA KERN, JOHN LENKEY, ROBERT SPROWL, JIMMY YOUNKIN ), filed by BART M. YAGLA, JR. (Attachments: #1 index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (sdp) |
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Filing 4
ORDER granting #1 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 $47.40 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 September 17, 2021. (Attachments: #1 Exhibit Authorization Form) (kcb)
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| Filing 3 Prisoner Trust Fund Account Statement by BART M YAGLA, JR. (Attachments: #1 Envelope) (lyk) |
| Filing 2 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by BART M YAGLA, JR. (Attachments: #1 Envelope) (lyk) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by BART M YAGLA, JR. (Attachments: #1 AUTHORIZATION BY PRISONER, #2 COMPLAINT, #3 INDEX, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 MOTION TO OBTAIN SERVICE, #10 Envelope) (lyk) |
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