HEMINGWAY v. HOLLIDAYSBURG, PA/BLAIR COUNTY et al
| TAREEK HEMINGWAY |
| HOLLIDAYSBURG, PA/BLAIR COUNTY, BLAIR COUNTY PRISON, BLAIR COUNTY PRISON BOARD, MARIO FURIO, WARDEN ABBY TATE, MUGGLEMEN, MARK YINGLING, MUSSLEMAN and MARIA FURIO |
| 3:2022cv00030 |
| March 1, 2022 |
| US District Court for the Western District of Pennsylvania |
| Stephanie L Haines |
| Keith A Pesto |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| None |
Docket Report
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Filing 13
ORDER directing the Marshal to serve the complaint (first attempting to obtain a waiver of service) on defendant MARIA FURIO, costs to be advanced by the United States. The Marshal shall contact the Blair County Prison or its solicitor and ask whether they have a current address for their former employee. If so, the Marshal shall send the request for waiver of service to that address, and barring waiver shall serve the defendant personally. If the prison or its solicitor does not have a current address, the Marshal shall inform the Court, which will issue an appropriate order. Throughout the process the address of the defendant shall not become part of the record of this matter or be disclosed to plaintiff. Signed by Magistrate Judge Keith A. Pesto on 4/27/2022. (bgs)
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| Filing 12 Partial Payment of Filing Fee by TAREEK HEMINGWAY. Fee $17.40, receipt number 34668005886. (sms) |
| Filing 11 Partial Payment of Filing Fee by TAREEK HEMINGWAY. Fee $13.93, receipt number 34668005885. (sms) |
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Filing 10
MEMORANDUM ORDER - For the reasons set forth in Magistrate Judge Pesto's Report and Recommendation (ECF No. #9 ), which is hereby adopted as the Opinion of this Court, IT IS HEREBY ORDERED that Plaintiff's Complaint (ECF No. #5 ) and Amendment of Complaint (ECF No. #8 ) shall be served on Defendant Furio only; and, IT IS FURTHER ORDERED that Plaintiff's claims against Defendants Hollidaysburg, PA/Blair County, Blair County Prison, Blair County Prison Board, Abby Tate, Musslemen, and Mark Yingling are hereby DISMISSED WITH PREJUDICE. The Clerk is ordered to terminate this matter as to those Defendants, and as more fully stated in said Memorandum Order. Signed by Judge Stephanie L. Haines on 4/22/2022. (dlg)
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| Filing 9 REPORT AND RECOMMENDATION re #8 Amended Complaint and #5 Complaint, filed by TAREEK HEMINGWAY. It is recommended that the amendment and the original complaint be served on FURIO at the direction of the plaintiff and dismissed without further leave to amend as to the other defendants for failure to state a claim against them. Objections to R&R due by 4/1/2022. Objections to R&R for Unregistered ECF Users due by 4/4/2022. Signed by Magistrate Judge Keith A. Pesto on 3/18/2022. (bgs) |
| Filing 8 AMENDED COMPLAINT against BLAIR COUNTY PRISON, BLAIR COUNTY PRISON BOARD, MARIA FURIO, HOLLIDAYSBURG, PA/BLAIR COUNTY, MUSSLEMAN, ABBY TATE, MARK YINGLING, filed by TAREEK HEMINGWAY. (Attachments: #1 Envelope) (lyk) |
| Filing 7 REPORT AND RECOMMENDATION re #5 Complaint filed by TAREEK HEMINGWAY. It is recommended that the complaint be served on FURIO at the direction of the plaintiff and dismissed with leave to amend as to the other defendants because it does not state a claim against them. If plaintiff does not amend his complaint he should be deemed to be standing on the complaint submitted, and all defendants except FURIO should be dismissed. Objections to R&R due by 3/21/2022. Objections to R&R for Unregistered ECF Users due by 3/24/2022. Signed by Magistrate Judge Keith A. Pesto on 3/7/2022. (bgs) |
| Judge Stephanie L. Haines presiding and Magistrate Judge Keith A. Pesto referred. (bgs) |
| Filing 6 Authorization permitting withdrawal of prison account funds to pay filing fee by TAREEK HEMINGWAY. (Attachments: #1 Envelope) (bgs) |
| Filing 5 COMPLAINT against BLAIR COUNTY PRISON, BLAIR COUNTY PRISON BOARD, MARIA FURIO, HOLLIDAYSBURG, PA/BLAIR COUNTY, MUSSLEMAN, ABBY TATE and MARK YINGLING, filed by TAREEK HEMINGWAY. (Attachments: #1 Envelope) (bgs) Modified text on 3/7/2022. (bgs) |
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Filing 4
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Keith A. Pesto on 3/4/2022. (bgs)
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| Filing 3 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by TAREEK HEMINGWAY. (Attachments: #1 Envelope) (lyk) |
| Filing 2 Prisoner Trust Fund Account Statement by TAREEK HEMINGWAY. (Attachments: #1 Envelope) (lyk) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by TAREEK HEMINGWAY. (Attachments: #1 Complaint lodged pending disposition of IFP Motion, #2 Authorization by Prisoner, #3 Envelope) (lyk) |
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