TIERNO v. ESTOCK et al
| WILLIAM TIERNO |
| SUPERINTENDENT ESTOCK, E, BROWN, CAPTAIN BOX, DEPUTY SUPERINTENDEN SAWTELLE, CORRECTIONAL OFFICER JANE DOE, JOHN/JANE DOES, SAWTELLE, BROTHERS, YINGLING, LT. TOWNSAND, LT. WILLS and J. BROOKS |
| 2:2023cv00192 |
| February 7, 2023 |
| US District Court for the Western District of Pennsylvania |
| Richard A Lanzillo |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 pr Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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Filing 31
ORDER re ECF No. #30 Plaintiff's Motion for Clarification, Motion to Extend Time to File Documents Necessary for Service. In his motion, Tierno asks the Court to clarify whether counsel for the Defendants, all employees of the Department of Corrections ("DOC"), will accept service on behalf of the two newly named DOC Defendants, or alternatively, grant him an additional 10 days to file a copy of the amended complaint, a U.S. Marshal Form 285, a Notice of Lawsuit and Request for Waiver of Summons form (AO 398), and a Waiver of the Service of Summons form (AO 399) for each newly named Defendant. Tierno's motion for clarification is not the proper procedure for seeking a waiver of service. However, in an effort to expedite this case, if counsel for the DOC Defendants enters her appearance on behalf of the two newly named Defendants within ten days of this Order, the Court will construe this as accepting service on their behalf. The Court will then set the deadline for all DOC Defendants to respond to Tierno's amended complaint on or before sixty days after the entry of such appearance. Signed by Magistrate Judge Richard A. Lanzillo on March 28, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rlh)
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| Filing 30 MOTION for Clarification, MOTION to Extend Time to file copies by WILLIAM TIERNO. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Envelope) (sdp) |
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Filing 29
ORDER Plaintiff is instructed to provide a completed USM285 form, Notice of Lawsuit, Waiver and a complete copy of his Amended Complaint for each newly named defendant. Service documents due on or before April 24, 2023. Signed by Chief Magistrate Judge Richard A. Lanzillo on 3/24/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dlh)
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Filing 28
ORDER denying as moot ECF No. #27 Plaintiff William Tierno's Motion for a Copy of 3/14/23 Court Order and Minutes. In this motion, dated 3/20/2023, Tierno requests a copy of the minutes from the March 14, 2023 status conference (ECF No. #24 ) and the Order granting Plaintiff leave to file an amended complaint (ECF No. #25 ). The Court mailed Tierno a copy of the minute entry on 3/14/2023 and a copy of the Order on 3/15/2023. Presumably, Tierno has received these documents by now or will shortly. However, the Court will include a copy of each of these documents with this Order out of an abundance of caution. The Court also notes that it received a copy of Tierno's Amended Complaint and has docketed it at ECF No 26. Signed by Chief United States Magistrate Judge Richard A. Lanzillo on March 23, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rlh)
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| Filing 27 MOTION for copy of 3/14/23 court order and minutes by WILLIAM TIERNO. (Attachments: #1 Envelope) (sdp) |
| Filing 26 AMENDED COMPLAINT against BOX, E, BROWN, JANE DOE, JOHN/JANE DOES, ESTOCK, SAWTELLE, filed by WILLIAM TIERNO. (Attachments: #1 LETTER, #2 Exhibit 1, #3 Envelope) (sdp) |
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Filing 25
ORDER granting ECF No. #23 Plaintiff's Motion for Leave to File Amended Complaint. Plaintiff William Tierno must file his amended complaint on or before Monday, March 27, 2023. Signed by Chief United States Magistrate Judge Richard A. Lanzillo on March 15, 2023. (rlh)
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| Filing 24 Minute Entry for proceedings held before Magistrate Judge Richard A. Lanzillo: Status Conference held on 3/14/2023 to discuss security concerns and address Plaintiff's motion for leave to amend his complaint (ECF No. 23). The motion for leave to amend was granted for the reasons stated on the conference record. Plaintiff must file an amended complaint, along with U.S. Marshal 285 form, a Notice of Lawsuit and Request for Waiver of Summons form (AO 398), and a Waiver of the Service of Summons form (AO 399) for EACH new defendant named in the case. A separate order will follow. (Court Reporter: Janis Ferguson) (rlh) |
| Filing 23 MOTION for Leave to File Amended Complaint by WILLIAM TIERNO. (Attachments: #1 Envelope) (sdp) |
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Filing 22
ORDER. A Telephonic Status Conference is hereby set for Tuesday, March 14, 2023, beginning at 09:30 AM before Chief United States Magistrate Judge Richard A. Lanzillo. Parties should be prepared to discuss the allegations raised in Plaintiff's pleadings. Counsel for the Defendants is directed to coordinate with the appropriate correctional institution in order to secure the Plaintiff's participation on the call. Signed by Chief United States Magistrate Judge Richard A. Lanzillo on February 28, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rlh)
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Filing 21
ORDER denying as moot ECF No. #20 Plaintiff's Motion for Extension of Time to File Response/Reply. In this motion, which Tierno wrote on February 21, 2023, he requests an extension to reply to Defendants' response (ECF No. #9 ) to his motion for a preliminary injunction or TRO (ECF No. #4 ). However, the Court did not seek a reply from Tierno, and as such, issued an order denying without prejudice his motion for injunctive relief on February 24, 2023. ECF No. 19. Tierno should now be in receipt of this injunctive relief order or else will be soon. Nevertheless, and as stated in the Court's order, Tierno is reminded that he may file another motion for injunctive relief if his safety is threatened in the RHU or if he is moved out of the RHU without proper safety measures in place. Additionally, the Court will conduct status conferences throughout the pendency of this litigation to check-in on the allegations asserted in the pleadings. Indeed, a scheduling order setting such a status conference will follow. Tierno's additional request that the Court direct Defendants to fax their responses to his motions for injunctive relief directly to the state correctional facility is denied. Signed by Chief United States Magistrate Judge Richard A. Lanzillo on February 28, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rlh)
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| Filing 20 MOTION for Extension of Time to File Response/Reply as to #9 Response to Motion by WILLIAM TIERNO. (Attachments: #1 Declaration, #2 letter, #3 Proposed Order, #4 Envelope) (sdp) |
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Filing 19
ORDER denying without prejudice ECF No. #4 Motion for Preliminary Injunction; Motion for TRO. Signed by Chief United States Magistrate Judge Richard A. Lanzillo on February 24, 2023. (rlh)
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| Filing 18 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by BOX, E, BROWN, SAWTELLE. (Truckley, Annamarie) |
| Filing 17 NOTICE of Appearance by Annamarie Truckley on behalf of BOX, E, BROWN, SAWTELLE. (Truckley, Annamarie) |
| Filing 16 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ESTOCK. (Truckley, Annamarie) |
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Filing 15
ORDER denying as moot ECF No. #14 Plaintiff's Motion to Expedite his Motion for Leave to Proceed in forma pauperis (ECF No. 1). On February 17, 2023, the Court granted Plaintiff William Tierno's motion for leave to proceed in forma pauperis. ECF No. 10. Accordingly, the instant motion is denied as moot. Signed by Chief United States Magistrate Judge Richard A. Lanzillo on February 22, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rlh)
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| Filing 14 MOTION to Expedite motion to proceed IFP by WILLIAM TIERNO. (Attachments: #1 letter, #2 Proposed Order, #3 Envelope) (sdp) |
| Filing 13 Prisoner Trust Fund Account Statement by WILLIAM TIERNO. (Attachments: #1 Envelope) (sdp) |
| Filing 12 COMPLAINT against BOX, E, BROWN, JANE DOE, JOHN/JANE DOES, ESTOCK, SAWTELLE ), filed by WILLIAM TIERNO. (Attachments: #1 Exhibit) (sdp) |
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Filing 11
ORDER ENTERED that the United States 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 the defendants as directed by the plaintiff. Costs shall be advanced by the government. Signed by Chief Magistrate Judge Richard A. Lanzillo on 2/17/2023. (dlh)
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Filing 10
ORDER granting #1 Motion for Leave to Proceed in forma pauperis and the Clerk is instructed to file the Complaint. Signed by Chief Magistrate Judge Richard A. Lanzillo on 2/17/2023. (dlh)
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| Filing 9 RESPONSE to Motion re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by ESTOCK. (Truckley, Annamarie) |
| Filing 8 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by WILLIAM TIERNO. (Attachments: #1 Envelope) (sdp) |
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Filing 7
ORDER to Respond to ECF No. #4 Plaintiff's Motion for Preliminary Injunction, Motion for TRO filed by WILLIAM TIERNO. Defendants shall respond to Plaintiff's motion by addressing the current measures in place at SCI-Pinegrove to ensure Plaintiff's safety, including the intended length of time of Plaintiff's placement in the Restricted Housing Unit. Defendants' response is due on or before Friday, February 17, 2023. Signed by Chief United States Magistrate Judge Richard A. Lanzillo on February 13, 2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (rlh)
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| Filing 6 NOTICE of Appearance by Annamarie Truckley on behalf of ESTOCK. (Truckley, Annamarie) |
| Filing 5 STANDING PRACTICE ORDER FOR PRO SE CIVIL RIGHTS CASES. Signed by Chief Magistrate Judge Richard A. Lanzillo on 2/9/2023. (dlh) |
| W/ #4 BRIEF in Support re #4 Motion for Preliminary Injunction, Motion for TRO filed by WILLIAM TIERNO. (kss) |
| Filing 4 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by WILLIAM TIERNO. (Attachments: #1 Envelope) (sdp) |
| Filing 3 Authorization permitting withdrawal of prison account funds to pay filing fee by WILLIAM TIERNO. (sdp) |
| Filing 2 Prisoner Trust Fund Account Statement by WILLIAM TIERNO. (sdp) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by WILLIAM TIERNO. (Attachments: #1 Complaint lodged pending disposition of IFP Motion, #2 Exhibit) (sdp) |
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