HENSLEY v. MCCAULLEY et al
JOSEPH HENSLEY |
JONATHAN MCCAULLEY, KYLE BOOZER, BRENDA LEE DUBLER, JASON BAINEY, JOHN WETZEL and BARRY SMITH |
3:2021cv00184 |
October 20, 2021 |
US District Court for the Western District of Pennsylvania |
Cynthia Reed Eddy |
Prisoner Civil Rights (Prison Condition) |
42 U.S.C. § 1983 pr |
Plaintiff |
Docket Report
This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.
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Filing 31 TEXT ORDER - Plaintiff has filed a number of documents which are basically a running narrative of issues and complaints against SCI-Houtzdale. See ECF Nos. 6, 9, 29, and 30. In essence, Plaintiff's filings are unmanageable. With these submissions, he is requiring the Court to sort through and try to determine if the filing relates to a current claim or if he is attempting to bring a new claim. The Court is not in a position to make such a determination without assuming the risk of either ignoring relevant information and/or considering irrelevant material. To the extent Plaintiff believes he has been subjected to violations that are unrelated to the claims of the Complaint filed in this case, he should file separate complaints addressing each violation along with separate motions to proceed in forma pauperis. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 12/15/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) |
Filing 30 Remark: Correspondence to the Court (Attachments: #1 Envelope) (pak) Envelope removed from public view. Incorrect envelope attached. Modified text on 12/16/2021. (kss) |
Filing 29 STATEMENT re #27 Motion for Emergency Relief by JOSEPH HENSLEY. (kss) |
Filing 28 TEXT ORDER denying #27 MOTION for Emergency Relief by JOSEPH HENSLEY. This Court has no authority to order that Plaintiff be released from custody. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 12/9/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) |
Filing 27 MOTION for Emergency Relief by JOSEPH HENSLEY. (Attachments: #1 Statement of Facts, #2 Envelope) (kss) Removed Statement of Facts from public view and refiled at #29 . Modified text on 12/10/2021. (kss) |
Filing 26 ORDER FOR SERVICE DOCUMENTS: Plaintiff shall provide the Court with proper instructions for service upon each of the six (6) named defendants listed in the Complaint, including a U.S. Marshal Form 285, Notice of Lawsuit and Request to Waive Service of a Summons (AO Form 398), and Waiver of the Service of Summons (AO Form 399) for each of the six (6) defendants on or before 1/10/2022. Failure to comply with this Order may result in dismissal of this action. No extensions shall be granted without good cause. A copy of each service form shall be provided to Plaintiff along with this Order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 12/8/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) |
Filing 25 Partial Payment of Filing Fee by JOSEPH HENSLEY. Fee $55.15, receipt number 24668072322. (kss) |
Filing 24 TEXT ORDER denying #23 Motion for the Court to add an additional defendant. Plaintiff was advised by Orders dated 11/6/2021 12 and 11/9/2021 #15 that he must file an amended complaint if he desires to add additional defendants. This is not something the Court can do for him. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/15/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) |
Filing 23 MOTION to Add Defendant by JOSEPH HENSLEY. (Attachments: #1 Envelope) (kss) |
Filing 22 COMPLAINT against JASON BAINEY, KYLE BOOZER, BRENDA LEE DUBLER, JONATHAN MCCAULLEY, BARRY SMITH, JOHN WETZEL, filed by JOSEPH HENSLEY. (Attachments: #1 Envelope) (lyk) |
Filing 21 MEMORANDUM ORDER granting #10 Motion for Leave to Proceed in forma pauperis. Plaintiff's request to proceed in forma pauperis is GRANTED to the extent that the case may proceed without the prepayment of the entire filing fee, and the Clerk of Court is directed to file the Complaint. Plaintiff is advised that no further action will be taken in this case until the initial partial filing fee of $55.15 is paid in full, as more fully set forth in the attached Order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/10/2021. (cmc) |
Filing 20 TEXT ORDER VACATING 19 Order denying the MOTION to Proceed Without Declaration of in Forma Pauperis by JOSEPH HENSLEY as the Motion was improvidently denied. Plaintiff is to disregard the instructions to provide an affidavit detailing the circumstances of his request for a certified institutional account statement and declaration. The Court has received both a Declaration from the Records Officer and Plaintiff's inmate account statement. #17 Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/9/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) |
Filing 19 TEXT ORDER denying #14 MOTION to Proceed Without Declaration of in Forma Pauperis by JOSEPH HENSLEY. To the extent Plaintiff asserts that corrections officials have refused to provide the certified account statement, any such assertion must be supported by an affidavit detailing the circumstances of Plaintiff's request for a certified institutional account statement and the corrections officials' refusal to comply, including the dates of such events and the names of the individuals involved. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/9/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) |
Filing 18 TEXT ORDER denying as moot #15 MOTION to Add Defendant and MOTION to Amend Complaint to add Statement of Facts by JOSEPH HENSLEY. Plaintiff was previously advised by Order dated 11/6/2021 12 that he does not need leave of court at this time to amend his complaint to add an additional defendants. However, to do so, Plaintiff must file an amended complaint at this same case number which adds the new defendant(s) and any new claims. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/9/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) |
Filing 17 Prisoner Trust Fund Account Statement by JOSEPH HENSLEY. (Attachments: #1 Envelope) (kss) |
Filing 16 MOTION to Amend Complaint to add Statement of Facts by JOSEPH HENSLEY. (Attachments: #1 Statement of Facts, #2 Envelope) (kss) |
Filing 15 MOTION to Add Defendants by JOSEPH HENSLEY. (Attachments: #1 Envelope) (kss) |
Filing 14 MOTION to Proceed Without Declaration of in Forma Pauperis by JOSEPH HENSLEY. (Attachments: #1 Envelope) (kss) |
Filing 13 ORDER re #10 Motion for Leave to Proceed in forma pauperis filed by JOSEPH HENSLEY. Plaintiff has failed to submit a complete in forma pauperis application as required by 28 U.S.C. 1915(a)(1),(2). On or before 12/6/2021, Plaintiff shall correct the deficiency in his motion by submitting to the Court a certified inmate account statement for the six (6) month period preceding the filing of his Complaint, or in the alternative, shall pay the filing fee of $402.00 to "Clerk, U.S. District Court." This case shall remain administratively closed in the interim. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/8/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) |
Filing 12 TEXT ORDER re MOTION to Add Defendant by JOSEPH HENSLEY. Plaintiff does not need leave of court at this time to amend his complaint to add an additional defendant. However, to do so, Plaintiff must file an amended complaint at this same case number which adds the new defendant and any new claims. Standard instructions for filing an amended complaint are attached.Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/6/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) |
Filing 11 Authorization permitting withdrawal of prison account funds to pay filing fee by JOSEPH HENSLEY. (Attachments: #1 Envelope) (kss) |
Filing 10 MOTION for Leave to Proceed in forma pauperis by JOSEPH HENSLEY. (Attachments: #1 Envelope) (kss) |
Filing 9 MOTION to Add Defendant by JOSEPH HENSLEY. (Attachments: #1 Exhibit, #2 Envelope) (kss) |
Filing 8 MEMORANDUM and ORDER FOR STATISTICAL CLOSING. Plaintiff failed to submit a complete in forma pauperis application as required by 28 U.S.C. 1915(a)(1),(2). Plaintiff's motion to proceed in forma pauperis is dismissed without prejudice, as more fully set forth in the attached Order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/21/2021. (Attachments: #1 Authorization Form) (cmc) |
Filing 7 STANDING PRACTICE ORDER FOR PRO SE CIVIL RIGHTS CASES. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/21/2021. (cmc) |
Filing 6 Remark: Correspondence to Court (Attachments: #1 Envelope) (kss) |
Filing 5 DECLARATION of James Hockenberry by JOSEPH HENSLEY (Attachments: #1 Envelope) (kss) |
Filing 4 MOTION for Release by JOSEPH HENSLEY. (Attachments: #1 Envelope) (kss) |
Filing 3 MOTION to Appoint Counsel by JOSEPH HENSLEY. (Attachments: #1 Envelope) (kss) |
Filing 2 MOTION for Temporary Restraining Order by JOSEPH HENSLEY. (Attachments: #1 Envelope) (kss) |
Filing 1 MOTION for Leave to Proceed in forma pauperis by JOSEPH HENSLEY. (Attachments: #1 Complaint lodged pending disposition of IFP Motion, #2 Envelope) (kss) |
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