TALLEY v. LITTLE et al
| QUINTEZ TALLEY |
| GEORGE M. LITTLE, Pennsylvania Department of Corrections, KERI MOORE, C.O. JOHNSON, C/O Glover, Lt. Fisher, E. Armel, RHONDA HOUSE, Unknown RHU Capt. and Unknown 3d Shift C/O's |
| 2:2024cv00033 |
| January 9, 2024 |
| US District Court for the Western District of Pennsylvania |
| Cynthia Reed Eddy |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 pr Prisoner Civil Rights |
| Defendant |
Docket Report
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Filing 27
Order of Consolidation. This case is consolidated with 2:22-cv-1663, the lead case. All pleadings, Motions and other papers hereafter filed shall be filed at 2:22-cv-1663. The Clerk of Court shall mark this case closed. Signed by Magistrate Judge Cynthia Reed Eddy on 1/18/2024. (bsc)
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| Filing 26 Case transferred in from District of Pennsylvania Middle; Case Number 3:22-cv-01880. Original file certified copy of transfer order and docket sheet received. |
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Filing 25
ORDER - IT IS ORDERED THAT: 1) The report and recommendation, Doc. 24, is ADOPTED. 2) Defendants motion to transfer, Doc. 14, is GRANTED. 3) The Clerk of Court is directed to transfer this case to the United States District Court for the Western District of Pennsylvania and close this case. Signed by Honorable Jennifer P. Wilson on 1/9/2024 (ve)
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| Magistrate Judge Cynthia Reed Eddy added. (sms) |
| Filing 24 REPORT AND RECOMMENDATION re #14 MOTION to Transfer Case filed by Keri Moore, C/O Johnson, Lt. Fisher, Pennsylvania Department of Corrections, George M. Little, C/O Glover, Rhonda House, E. Armel - IT IS RECOMMENDED that defendants motion to transfer be GRANTED, and the plaintiffs complaint be transferred to the United States District Court for the Western District of Pennsylvania. Objections to R&R due by 12/2/2023. Signed by Magistrate Judge Daryl F. Bloom on November 15, 2023. (kjn) |
| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Jennifer P. Wilson and referred to Magistrate Judge Daryl F. Bloom as one or more parties have not consented to the jurisdiction of a U.S. Magistrate Judge. (jkc) |
| VERBAL ORDER REASSIGNING CASE - Case reassigned to Magistrate Judge Daryl F. Bloom for all further proceedings. Magistrate Judge Susan E. Schwab no longer assigned to case. (jw) |
| Filing 23 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to E. Armel, Lt. Fisher, C/O Glover, Rhonda House, C/O Johnson, George M. Little, Keri Moore, Pennsylvania Department of Corrections, Quintez Talley YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 9/28/2023 (kjn) |
| Filing 22 BRIEF IN OPPOSITION re #14 MOTION to Transfer Case filed by Quintez Talley.(ll) |
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Filing 21
ORDER - IT IS ORDERED that on or before August 1, 2023, Talley shall show cause why the defendants motion to transfer venue should not be granted as unopposed. Signed by Magistrate Judge Susan E. Schwab on 7/19/23. (rw)
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| Filing 20 Mail Returned as Undeliverable/Attemoted-Not Known. Mail sent to Quintez Talley Re sent #18 to Quintez Talley at SCI Camp Hill. (ll) |
| Filing 19 NOTICE of Change of Address by Quintez Talley to SCI Camp Hill (sm) |
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Filing 18
ORDER granting pltf's Motion for Exttm #17 to respond to the 6/9/23 show cause order. Response due by 7/24/23. Signed by Magistrate Judge Susan E. Schwab on 6/26/23 (ma)
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| Filing 17 MOTION for Extension of Time to File Brief to #16 Order, filed by Quintez Talley.(ll) |
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Filing 16
ORDER - On or before 6/23/23, Talley shall show cause why the dfts mtn to transfer venue should not be granted as unopposed. If Talley fails to show cause, we will treat the motion to transfer venue as unopposed. Signed by Magistrate Judge Susan E. Schwab on 6/9/23. (ma)
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| Filing 15 BRIEF IN SUPPORT re #14 MOTION to Transfer Case filed by E. Armel, Lt. Fisher, C/O Glover, Rhonda House, C/O Johnson, George M. Little, Keri Moore, Pennsylvania Department of Corrections.(Adams, Kimberly) |
| Filing 14 MOTION to Transfer Case by E. Armel, Lt. Fisher, C/O Glover, Rhonda House, C/O Johnson, George M. Little, Keri Moore, Pennsylvania Department of Corrections. (Attachments: #1 Proposed Order)(Adams, Kimberly) |
| Filing 13 WAIVER OF SERVICE Returned by C/O Glover, Pennsylvania Department of Corrections, Lt. Fisher, Rhonda House, George M. Little, E. Armel, Keri Moore, C/O Johnson. (Adams, Kimberly) |
| Filing 12 DEMAND for Trial by Jury by E. Armel, Lt. Fisher, C/O Glover, Rhonda House, C/O Johnson, George M. Little, Keri Moore, Pennsylvania Department of Corrections. (Adams, Kimberly) |
| Filing 11 NOTICE of Appearance by Kimberly A. Adams on behalf of E. Armel, Lt. Fisher, C/O Glover, Rhonda House, C/O Johnson, George M. Little, Keri Moore, Pennsylvania Department of Corrections (Adams, Kimberly) |
| Filing 10 COVER LETTER re service w/AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff. (sm) |
| Filing 9 Waiver of Service forms (AO 398 and 399) Mailed to E. Armel, Lt. Fisher, C/O Glover, Rhonda House, C/O Johnson, George M. Little, Keri Moore, Pennsylvania Department of Corrections Waiver of Service due by 5/8/2023. (ma) |
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Filing 8
ORDER: 1. Pltf shall pay the full filing fee of $350.00, The full filing fee shall be paid regardless of the outcome of the litigation per instructions in this order (ifp previously granted).2. Pursuant to 28 U.S.C. 1915(b)(l) and (2), the Warden, or other appropriate official at Pltfs place of confinement is directed to deduct an initial partial filing fee per instructions in this order.3. The Clerk of Court is DIRECTED to send a copy of this Order to the Warden of the institution wherein Pltf is presently confined.4. The Complaint is DEEMED filed.5. The Clerk of Court is directed to SERVE a copy of the complaint #1 , notice of lawsuit and request to waive service of summons (form AO 398), waiver of the service of summons (form AO 399) and this Order on the named Dfts. The Court requests that the Dfts waive service pursuant to FRCP 4(d).6. If service is unable to be completed due to Pltfs failure to properly name the Dfts, or provide an accurate mailing address, Pltf will be required to correct this deficiency. Failure to comply may result in the dismissal of Pltfs claims against the Dfts pursuant to FRCP 4(m). Signed by Magistrate Judge Susan E. Schwab on 4/6/23. (ma)
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Filing 7
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. See order for complete details. Signed by Magistrate Judge Susan E. Schwab on March 29, 2023. (ibr)
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| Filing 6 OBJECTIONS by Quintez Talley to #5 Order to Show Cause dtd 12/5/22. (ao) |
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VERBAL ORDER REASSIGNING CASE - Case reassigned to Magistrate Judge Susan E. Schwab for all further proceedings. Chief MJ Karoline Mehalchick no longer assigned to case. ORDERED by Chief Judge Matthew W. Brann on 12/19/2022. (ktt)
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Filing 5
ORDER TO SHOW CAUSE - The Court has reviewed the matter and concludes that Talley has accrued at least three strikes within the meaning of 28 U.S.C. 1915(g) prior to initiating the instant action on November 28, 2022. Accordingly, Talley is hereby ORDERED to show cause within fourteen (14) days of the date of this Order, on or before Monday, December 19, 2022, as to why the three strikes rule of 28 U.S.C. 1915(g) should not apply here, or, alternatively, how Talley was under imminent danger of serious physical injury at the time the instant complaint was filed. See 28 U.S.C. 1915(g). Show Cause Response due by 12/19/2022. Signed by Chief MJ Karoline Mehalchick on 12/5/2022. (cw)
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| Filing 4 PRO SE LETTER ISSUED providing the case number. (Attachments: #1 Instruction Sheet, #2 Fed & Local Rules, #3 398 Form, #4 399) (lp) |
| Filing 3 Certified Prisoner Trust Fund Account Statement by Quintez Talley. (lp) |
| Filing 2 CERTIFIED MOTION for Leave to Proceed in forma pauperis by Quintez Talley.(lp) |
| Filing 1 COMPLAINT against All Defendants lodged pending the disposition of the Motion for In Forma Pauperis, filed by Quintez Talley. (Attachments: #1 Cover Letter)(lp) |
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