MOTON v. WETZEL et al
| MYRON MOTON |
| DEPUTY MAZUKIEWIEZ, LIEUTENANT SUPERVISED CELL EXTRACTION TEAM UNIT, DORINE VARNER, JOHN DOE LIEUTENANT SUPERVISED CELL EXTRACTION UNIT TEAM, DEPUTY MEINTEL, JOHN/JANE DOE DEPARTMENT OF FBI AGENT, SGT. LEDAMUK, UNIT MANAGER DISBY, MICHAEL BEAL, OFFICER GARDER, HEIDI SROKA, JOHN/JANE DOE FBI AGENTS, DEPUTY HAINSWORTH, OFFICER MCDANNELL, STEVEN GLUNT, JOHN/JANE DOE DEPARTMENT OF JUSTICE AGENTS, JOHN DOE DEPARTMENT OF JUSTICE AGENT, CAPTAIN BAKOS, KERI MOORE, OFFICER MCBETH, JOSEPH DUPONT, RILKESKY, OFFICER JOHNSON, JOSEPH ALLEN, OFFICER STANTON, CHIEF GRIEVANCE COORDINATORS, DEPUTY ZWILRZYNA, ACTING GREIVANCE COORDINATORS, OFFICER KLINE, DEB ALVORE, OFFICER BLY, LT.,LEEDOM, TRACY WILLIAMS, OFFICER HUGO, LT. BOOHER, JOHN/JANE DOE MAIL SUPERVISER, UPS POSTAL SERVICE, MAJOR WADSWORTH, OFFICER WYATT, OFFICER SANNER, JOHN DOE MAIL CARRIERS, MAJOR PRICE, KATHLENE KANE, OFFICER JOHN DOE, SUPERINTENDANT WINGARD, SGT. WASHBURN, JOHN WETZEL, OFFICER TRESILER, LT. DAVY, SGT. SWIFT, LT. SMITH, JOHN DOE CELL EXTRACTION UNITED TEAM, LT. SHAFFER, DARR, SUPERINTENDANT HARRY, OFFICER HUBER, JOHN DOE CELL EXTRACTION TEAM UNIT, MUTCHER and LT. CINKO |
| 3:2019cv00008 |
| January 14, 2019 |
| U.S. District Court for the Western District of Pennsylvania |
| Kim R Gibson |
| Keith A Pesto |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 pr |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2020. A more recent docket listing may be available from PACER.
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Filing 28
Envelope containing #27 Order, Report and Recommendation filed on 1/15/2019 and signed by Magistrate Judge Keith A. Pesto returned marked "Forward Time Expired, Return to Sender". A search of PA Inmate Locator indicates that he is still at FCI Fayette. (plp)
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Filing 27
ORDER denying #19 Motion to Appoint Counsel and as more fully stated in said order. Signed by Magistrate Judge Keith A. Pesto on 1/15/2019. (plp)
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| REPORT AND RECOMMENDATION re #1 Complaint, recommending that the complaint be dismissed without further leave to amend; Objections to R&R due by 1/29/2019 Objections to R&R for Unregistered ECF Users due by 2/1/2019 Signed by Magistrate Judge Keith A. Pesto on 1/15/2019. (w/document #27 ) Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (plp) |
| Filing 26 Case transferred in from District of Pennsylvania Middle; Case Number 1:18-cv-01304. Original file certified copy of transfer order and docket sheet received. |
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Filing 25
ORDER TRANSFERRING CASE- 1. The Clerk of Court is directed to TRANSFER the above-captionedcase to the United States District Court for the Western District ofPennsylvania. See 28 U.S.C. 1404(a); Jumara, 55 F.3d at 879.2. Disposition of Plaintiffs motion (Doc. 19) to appoint counsel is left tothe discretion of the transferee court (eo)
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| Filing 24 Letter by Myron Moton re Amended Complaint. (bg) |
| Filing 23 Proposed Amended Complaint filed by Myron Moton per Court Order. (bg) |
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Filing 22
ORDER 1. Plaintiffs motion (Doc. 20) to recuse is DENIED. Despite Plaintiffsstatements to the contrary, the undersigned has not been identified as aDefendant in this action. Plaintiff sets forth unsubstantiated allegations that the undersigned has engaged in ex parte communications. Plaintiff has failed to file a sufficient affidavit establishing that the undersigned has a personal bias or prejudice against the Plaintiff, or in favor of the adverse party. 28 U.S.C. 144; 28 U.S.C. 455(a), (b)(1). And, Plaintiff has failed to establish that the undersigneds impartiality might reasonably be questioned, or has a personal bias or prejudice concerning a party. 28 U.S.C. 455(a), (b)(1). 2. The motion (Doc. 21) for an extension of time is GRANTED. 3. Plaintiff shall FILE a Proposed Amended Complaint on or beforeDecember 21, 2018. This is Plaintiffs final opportunity to file aProposed Amended Complaint in compliance with the Courts Orders and the Federal Rules of Civil Procedure. 4. The Clerk of Court is directed to send to Plaintiff the Courts Form to be Used by a Prisoner in Filing a Civil Rights Complaint. Plaintiff is encouraged to utilize this form in filing his ProposedAmended Complaint and to replicate the form to the extent that he has separate unrelated claims. 5. The Proposed Amended Complaint shall contain the same casenumber that is presently assigned to this action, 1:18-cv-1304, andshall be direct, concise, and shall stand alone without reference to anyother document filed in this matter. See FED. R. CIV. P. 8(d).6. Plaintiff is strictly cautioned that the inclusion of separate, unrelatedclaims will be considered a failure to comply with an Order of Court and will result in dismissal of the complaint. See FED. R. CIV. P. 20. As noted in the Courts prior Order (Doc. 10), allowing Plaintiff to include a plethora of separate, unrelated claims circumvents the filing fee requirements of the PLRA.(eo)
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| Filing 21 MOTION for Extension of Time to Amend #1 Complaint, by Myron Moton.(ep) |
| Filing 20 MOTION for Recusal by Myron Moton.(ep) |
| Filing 19 MOTION to Appoint Counsel by Myron Moton.(ga) |
| Filing 18 U.S. MARSHAL - 285, AO 398 and AO 399 Service Forms Completed by Plaintiff. (ga) |
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Filing 17
ORDER 1. Plaintiffs proposed Amended Complaint (Doc. 16) is REJECTED forthe same reasons set forth in the Order (Doc. 10) of September 6,2018.2. Plaintiff shall FILE a Proposed Amended Complaint on or beforeNovember 19, 2018. This is Plaintiffs final opportunity to file aProposed Amended Complaint in compliance with the Courts Ordersand the Federal Rules of Civil Procedure.3. The Clerk of Court is directed to send to Plaintiff the Courts Formto be Used by a Prisoner in Filing a Civil Rights Complaint.Plaintiff is encouraged to utilize this form in filing his ProposedAmended Complaint and to replicate the form to the extent thathe has separate unrelated claims.4. The Proposed Amended Complaint shall contain the same casenumber that is presently assigned to this action, 1:18-cv-1304, andshall be direct, concise, and shall stand alone without reference to anyother document filed in this matter. See FED. R. CIV. P. 8(d).5. Plaintiff is strictly cautioned that the inclusion of separate, unrelatedclaims will be considered a failure to comply with an Order of Courtand will result in dismissal of the complaint. See FED. R. CIV. P. 20.As noted in the Courts prior Order (Doc. 10), allowing Plaintiff toinclude a plethora of separate, unrelated claims circumvents theFiling fee requirements of the PLRA. (Form mailed by Clerk) (eo)
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| Filing 16 AMENDED COMPLAINT against All Defendants, filed by Myron Moton. (Attachments: #1 Supplement, #2 Cover Letter)(bg) |
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Filing 15
ORDER 1. The motion (Doc. 14) for an extension of time is GRANTED.Plaintiff shall FILE an amended complaint on or before October 15,2018.2. The amended complaint shall contain the same case number that ispresently assigned to this action, 1:18-cv-1304, and shall be direct,concise, and shall stand alone without reference to any otherdocument filed in this matter. See FED. R. CIV. P. 8(d).3. Plaintiff is strictly cautioned that the inclusion of separate, unrelatedclaims will be considered a failure to comply with an order of Courtand will result in dismissal of the complaint. See FED. R. CIV. P. 20. (eo)
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| Filing 14 MOTION for Extension of Time due to "obstructing hindering & intimidation tactics by prison officials", filed by Pltf Myron Moton.(rm) |
| Filing 13 REQUEST by Myron Moton for Court to respond to motion for extension and to help get his cable cord; complains of continued harassment by staff and that it feels the court is coaching defts. (ep) |
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Filing 12
ORDER 1. The motion (Doc. 11) is DENIED to the extent that Plaintiff seeks anOrder compelling individuals at the State Correctional Institution atFayette to retrieve legal documents.2. The motion (Doc. 11) for an extension of time is GRANTED.Plaintiff shall FILE an amended complaint on or before October 9,2018.3. The amended complaint shall contain the same case number that ispresently assigned to this action, 1:18-cv-1304, and shall be direct,concise, and shall stand alone without reference to any otherdocument filed in this matter. See FED. R. CIV. P. 8(d).4. Plaintiff is strictly cautioned that the inclusion of separate, unrelatedclaims will be considered a failure to comply with an order of Courtand will result in dismissal of the complaint. See FED. R. CIV. P. 20. (eo)
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| Filing 11 MOTION for Extension of Time for 30 days to allow pltf to retrieve his legal documents, filed by Pltf Myron Moton.(rm) |
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Filing 10
ORDER 1.The motions for leave to proceed in forma pauperis (Docs. 2, 7) are construed as motions to proceed without full prepayment of fees and costs and are GRANTED. 2.Plaintiff shall FILE an amended complaint on or before September 7, 2018. 3. The amended complaint shall contain the same case number that is presently assigned to this action, 1:18-cv-1304, and shall be direct, concise, and shall stand alone without reference to any other document filed in this matter. See FED. R. CIV. P. 8(d).4. Plaintiff is strictly cautioned that the inclusion of separate, unrelated claims will be considered a failure to comply with an order of Court and will result in dismissal of the complaint. See FED. R. CIV. P. 20. (eo)
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| Filing 9 Letter from Pltf Moton dated 7/15/2018 outlining issues of case. (rm) |
| Filing 8 PRISONER AUTHORIZATION by Myron Moton allowing prison to submit copy of prisoner's trust fund account to the court, and approving the entire filing fee to be deducted from prisoner inmate account.. (rm) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis, filed by Pltf Myron Moton.(rm) |
| Filing 6 30 DAY ADMINISTRATIVE ORDER directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed by LP on 07/02/2018. (Attachments: #1 IFP (civil rights), #2 Authorization Form)(lp) |
| Filing 5 STANDING PRACTICE ORDER informing the parties of their briefing and other responsibilities.Signed by Honorable John E. Jones, III on 6/29/18. (Attachments: #1 285 Service Packet with IFP Notice)(dmn) |
| Filing 4 PRO SE LETTER ISSUED w/ Notice & Consent Form. (Attachments: #1 Notice of Consent) (dmn) |
| Filing 3 U.S. MARSHAL Forms Completed by Plaintiff. (dmn) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Myron Moton.(dmn) |
| Filing 1 COMPLAINT against Acting Greivance Coordinators, Joseph Allen, Deb Alvore, Michael Beal, Captain Bakos, Chief Grievance Coordinators, Darr, Deputy Hainsworth, Deputy Mazukiewiez, Deputy Meintel, Deputy Zwilrzyna, Joseph Dupont, Steven Glunt, John Doe Cell Extraction Team Unit, John Doe Cell Extraction United Team, John Doe Department of Justice Agent, John Doe Lieutenant Supervised Cell Extraction Unit Team, John Doe Mail Carriers, John/Jane Doe Department of FBI Agent, John/Jane Doe Department of Justice Agents, John/Jane Doe FBI Agents, John/Jane Doe Mail Superviser, Kathlene Kane, LT. Booher, LT. Cinko, LT. Davy, LT. Leedom, LT. Shaffer, LT. Smith, Lieutenant Supervised Cell Extraction Team Unit, Major Price, Major Wadsworth, Keri Moore, Mutcher, Officer Bly, Officer Garder, Officer Huber, Officer Hugo, Officer John Doe, Officer Johnson, Officer Kline, Officer McBeth, Officer McDannell, Officer Sanner, Officer Stanton, Officer Tresiler, Officer Wyatt, Rilkesky, SGT. Ledamuk, SGT. Swift, SGT. Washburn, Heidi Sroka, Superintendant Harry, Superintendant Wingard, UPS Postal Service, Unit Manager Disby, Dorine Varner, John Wetzel, Tracy Williams, filed by Myron Moton. (Attachments: #1 Part I Complaint, #2 Exhibit(s) Part 1, #3 Exhibit(s) Part 2, #4 Exhibit(s) Part 3)(dmn) |
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