PALUCH v. LEWIS et al
| JAMES A. PALUCH, JR. |
| FRANK LEWIS, MATTHEW KENDERSKI, MICHAEL HOWARD and PA DEPT. OF CORRECTIONS |
| 2:2021cv01564 |
| November 1, 2021 |
| US District Court for the Western District of Pennsylvania |
| Patricia L Dodge |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 pr |
| Plaintiff |
Docket Report
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| Filing 15 REPLY to 7 Order on Motion for Reconsideration, Order on Motion to Extend Time to Correct Deficiencies, 9 Order on Motion for Special Relief in the Form of a Preliminary Injunction, filed by JAMES A. PALUCH, JR. (Attachments: #1 Exhibit A & B, #2 Envelope) (kss) |
Filing 14
STANDING PRACTICE ORDER FOR PRO SE CIVIL RIGHTS CASES. Signed by Magistrate Judge Patricia L. Dodge on 12/27/2021. (mqe)
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Filing 13
ORDER that the Marshal is directed to mail a copy of the complaint, notice of lawsuit, request for waiver of service of summons, waiver, and this order to defendant as directed by plaintiff. Costs shall be advanced by the government. Signed by Magistrate Judge Patricia L. Dodge on 12/27/2021. (mqe)
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| Filing 12 COMPLAINT against MICHAEL HOWARD, MATTHEW KENDERSKI, FRANK LEWIS, PA DEPT. OF CORRECTIONS, filed by JAMES A. PALUCH, JR. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (kss) |
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Filing 11
ORDER granting #1 MOTION for Leave to Proceed in forma pauperis by JAMES A. PALUCH, JR. The Clerk of Court is directed to file the lodged Complaint and Exhibits ECF No. #1 . Signed by Magistrate Judge Patricia L. Dodge on 12/20/2021. (mqe)
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| Filing 10 Prisoner Trust Fund Account Statement by JAMES A. PALUCH, JR. (Attachments: #1 Envelope) (kss) |
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Filing 9
Order deferring ruling on #8 Plaintiff's Amendment to His Motion For Special Relief in the Form of a Preliminary Injunction. As the Court explained in its 7 Order dated 12/14/21, a motion for preliminary injunction cannot be addressed until Plaintiff cures the deficiencies outlined by the Court in its #3 Deficiency Order, the defendants are served and the defendants have an opportunity to respond to the Complaint and a motion for preliminary injunction. The Court further notes that Plaintiff indicates in his #8 Amendment to His Motion For Special Relief in the Form of a Preliminary Injunction that he has not completed the exhaustion of his administrative remedies. He is advised that the Prison Litigation Reform Act provides that "[n]o action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." 42 U.S.C. 1997e(a). The Supreme Court has repeatedly observed that the PLRA's exhaustion requirement "is 'mandatory': An inmate 'shall' bring 'no action' (or said more conversationally, may not bring any action) absent exhaustion of available administrative remedies." Ross v. Blake, 136 S. Ct. 1850, 1856 (2016) (citing Woodford v. Ngo, 548 U.S. 81, 85 (2006) and Jones v. Bock, 549 U.S. 199, 211 (2007)). Importantly, the PLRA's mandatory exhaustion requirement means the prisoner must complete the administrative review process in accordance with the procedural rules of the grievance or appeal system at his facility prior to bringing his lawsuit against a defendant. Signed by Magistrate Judge Patricia L. Dodge on 12/15/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jpe)
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| Filing 8 Amended MOTION for Special Relief in the Form of a Preliminary Injunction by JAMES A. PALUCH, JR. (Attachments: #1 Proposed Order, #2 Envelope) (kss) Modified text on 12/27/2021. (mqe) |
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Filing 7
ORDER granting in part and denying in part Plaintiff's #4 Motion for Reconsideration. This motion is granted to the extent that he requests a copy of his Complaint. Plaintiff will be provided with a copy of his Complaint with this Order. Plaintiff's #4 Motion for Reconsideration is otherwise denied. As stated in the Court's #3 Deficiency Order, Plaintiff's Complaint will not be processed until he provides a certified copy of the trust fund account statement for the past six months; provides four service copies of the Complaint for the four defendants named in the complaint to the Clerk of Courts; provides completed copies of the USM-285 forms for each defendant; and provides the Notice and Request for Waiver of Service of Summon and the Waiver of the Service of Summons forms for each defendant. With respect to his assertion that five defendants were named, Plaintiff is directed to review pages 2 and 3 of his Complaint, which identifies four defendants only. Plaintiff is further advised that in the #3 Deficiency Order the Court administratively closed this case but advised him that he could reopen it and his Complaint will be processed once he cured the deficiency outlined in the order. It is FURTHER ORDERED that Plaintiff's #6 Motion requesting a 30-day enlargement of time to cure the deficiencies outlined by the Court in the #3 Deficiency Order is GRANTED. Plaintiff now has until 1/9/22 to comply with the #3 Deficiency Order. Moreover, the Court will send a copy of this order to the Inmate Account Office at SCI Fayette and it is directed that, if it has not already done so, it should mail a copy of Plaintiff's six-month inmate account statement to: Clerk's Office, Joseph F. Weis, Jr., U.S. Courthouse, 700 Grant Street, Pittsburgh, PA 15219. Finally, Plaintiff is advised that his motion for a preliminary injunction cannot be addressed until he cures the current deficiencies, the defendants are served and the defendants have an opportunity to respond to the Complaint and his motion. After Plaintiff complies with the Deficiency Order and the case is opened, all parties will be asked to either consent to a Magistrate Judge or have this case randomly assigned to a District Judge. Signed by Magistrate Judge Patricia L. Dodge on 12/14/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jpe)
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| Filing 6 MOTION to Extend Time to Correct Deficiencies re #3 Deficiency Order by JAMES A. PALUCH, JR. (Attachments: #1 Proposed Order, #2 Envelope) (kss) |
| Filing 5 Remark: Envelope received with #4 MOTION for Reconsideration. (kss) |
| Filing 4 MOTION for Reconsideration re #3 Order for Statistical Case Closing by JAMES A. PALUCH, JR. (Attachments: #1 Proposed Order) (kss) |
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Filing 3
DEFICIENCY ORDER. Plaintiff shall cure the filing deficiencies as more fully stated in said order on or before December 9, 2021. Signed by Magistrate Judge Patricia L. Dodge on 11/9/2021. (mqe)
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| Filing 2 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by JAMES A. PALUCH, JR. (Attachments: #1 Envelope) (kss) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by JAMES A. PALUCH, JR. (Attachments: #1 Prisoner Authorization, #2 Complaint lodged pending disposition of IFP Motion, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Motion for Preliminary Injunction, #9 Proposed Order, #10 Envelope) (kss) |
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