MCCLAIN v. C.O. MORRIS et al
| RALPH W. MCCLAIN, JR. |
| C.O. MORRIS and MICHAEL ZAKEN |
| 2:2022cv00958 |
| June 30, 2022 |
| US District Court for the Western District of Pennsylvania |
| Cynthia Reed Eddy |
| Kim R Gibson |
| Lisa Pupo Lenihan |
| Prisoner Civil Rights (Prison Condition) |
| 28 U.S.C. ยง 1441 cr Notice of Removal - Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on August 19, 2022. A more recent docket listing may be available from PACER.
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| Update Answer Deadline: Answer due from C.O. MORRIS on 9/2/2022 (mrm) |
Filing 15
ORDER - Upon consideration of Plaintiff Ralph W. McClain, Jr.'s "Motion for Voluntary Dismissal of Defendant Michael Zakin," (ECF No. #14 ), IT IS HEREBY ORDERED that, pursuant to Rule 41 of the Federal Rules of Civil Procedure, Plaintiff's claim against Defendant Michael Zaken is DISMISSED. The Clerk shall terminate Defendant Zaken. In light of Plaintiff moving to dismiss his claim against Defendant Zaken, Defendant Zaken's pending Partial Motion to Dismiss (ECF No. #10 ) is DENIED AS MOOT. Signed by Judge Kim R. Gibson on 8/18/2022. (dlg)
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| Judge Kim R. Gibson and Magistrate Judge Cynthia Reed Eddy added. Motions referred to Cynthia Reed Eddy. (ijh) |
| Magistrate Judge Cynthia Reed Eddy no longer assigned to case. (ijh) |
| Filing 14 MOTION to Dismiss Defendant MICHAEL ZAKEN by RALPH W. MCCLAIN, JR. (Attachments: #1 Envelope) (av) |
| Filing 13 NOTICE of Substitution of Attorney Appearance by Scott A. Bradley on behalf of C.O. MORRIS, MICHAEL ZAKEN. Attorney Phillip E Raymond terminated. (Attachments: #1 Certificate of Service) (Bradley, Scott) |
| Filing 12 TEXT ORDER denying as moot #5 Motion to Dismiss for Failure to State a Claim. Defendants' motion is DENIED as MOOT in light of Plaintiff's filing an Amended Complaint. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 7/27/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mrm) |
| Filing 11 BRIEF in Support re #10 Motion to Dismiss for Failure to State a Claim filed by C.O. MORRIS, MICHAEL ZAKEN. (Raymond, Phillip) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #9 Amended Complaint by C.O. MORRIS, MICHAEL ZAKEN. (Attachments: #1 Proposed Order) (Raymond, Phillip) |
| Filing 9 AMENDED COMPLAINT against C.O. MORRIS, MICHAEL ZAKEN, filed by RALPH W. MCCLAIN, JR. (Attachments: #1 Envelope) (ctb) |
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Filing 8
ORDER Response/Briefing Schedule re #5 Partial Motion to Dismiss for Failure to State a Claim. Plaintiff's Amended Complaint or Response to Motion due by 8/19/2022; and Defendants' Reply, if any, due by 9/2/2022, as more fully set forth in the attached Order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 7/18/2022. (cmc)
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| Filing 7 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by RALPH W. MCCLAIN, JR. (Attachments: #1 Envelope) (kss) |
| Filing 6 BRIEF in Support re #5 Motion to Dismiss for Failure to State a Claim filed by C.O. MORRIS, MICHAEL ZAKEN. (Raymond, Phillip) |
| Filing 5 Partial MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by C.O. MORRIS, MICHAEL ZAKEN. (Attachments: #1 Proposed Order) (Raymond, Phillip) |
| Filing 4 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by C.O. MORRIS, MICHAEL ZAKEN. (Raymond, Phillip) |
| Filing 3 STANDING PRACTICE ORDER FOR PRO SE CIVIL RIGHTS CASES. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 7/6/2022. (cmc) |
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Filing 2
ORDER that because this case has been assigned to a Magistrate Judge, each party must execute and file the form consenting to the jurisdiction of the Magistrate Judge or selecting the option to have the case randomly assigned to a District Judge no later than July 22, 2022. The applicable form is available on the Courts website at www.pawd.uscourts.gov in the forms section. THE EVENT USED FOR DOCKETING THIS FORM IS FOUND UNDER OTHER DOCUMENTS, CALLED CONSENT TO TRIAL BY MAGISTRATE JUDGE OR DISTRICT JUDGE. If the parties elect to have the case assigned to a District Judge, Magistrate Judge Lisa Pupo Lenihan will continue to manage the case as provided for in Local Rule 72G. Any party who has filed a Consent to Trial by a Magistrate Judge or District Judge form does not need to refile it. Signed by Magistrate Judge Lisa Pupo Lenihan on 07/01/2022. (Attachments: #1 Exhibit Consent Form) (jmb)
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| Magistrate Judge Cynthia Reed Eddy added. Magistrate Judge Lisa Pupo Lenihan no longer assigned to case. (pak) |
| Filing 1 NOTICE OF REMOVAL from Greene County, case number AD-331-2022 with Jury Demand. Copies attached: Complaint, Notice of Removal (Filing fee, including Administrative fee, $402, receipt number APAWDC-7177935), filed by MICHAEL ZAKEN, C.O. MORRIS. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B) (pak) |
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