WHITEHEAD v. TICE et al
| CARL WHITEHEAD |
| FACILITY MANAGER ERIC TICE, Corrections Officer Machesky, CAPRIOTTI, Sargeant Huber, Sargeant WILLIAMS, Mr. EMEIGH, Ms. GAUNTHER, P.A. PLASO, P.A HOUSE and Captain ABBOTT |
| 3:2024cv00083 |
| April 16, 2024 |
| U.S. District Court for the Western District of Pennsylvania |
| Cynthia Reed Eddy |
| Richard A Lanzillo |
| Prisoner Civil Rights (Prison Condition) |
| 28 U.S.C. § 1441 cr Notice of Removal - Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 14, 2024. A more recent docket listing may be available from PACER.
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Filing 17
ORDER denying #16 MOTION for Temporary Restraining Order, MOTION to Remand, MOTION to Strike re Motions to Dismiss #6 and #8 by CARL WHITEHEAD. Signed by Chief Magistrate Judge Richard A. Lanzillo on 6/14/2024. (bsc)
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| Filing 16 MOTION for Temporary Restraining Order, MOTION to Remand, MOTION to Strike re Motions to Dismiss #6 and #8 by CARL WHITEHEAD. (Attachments: #1 Exhibit A, #2 Envelope) (bjr) Modified text on 5/24/2024. (bjr) |
| Filing 15 NOTICE of Appearance by Daniel Joseph Margonari on behalf of P.A HOUSE, P.A. PLASO. (Attachments: #1 Certificate of Service) (Margonari, Daniel) |
| Filing 14 NOTICE of Appearance by Mark Derner on behalf of P.A HOUSE, P.A. PLASO. (Attachments: #1 Certificate of Service) (Derner, Mark) |
| Filing 13 NOTICE of Appearance by Stuart T. O'Neal, III on behalf of P.A HOUSE, P.A. PLASO. (Attachments: #1 Certificate of Service) (O'Neal, Stuart) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #15 Notice of Appearance, #14 Notice of Appearance. ERROR: Attorney entered an appearance without associating themselves with the corresponding party. CORRECTION: Attorney directed to add themselves as attorney for their represented party during case opening process. Failure to do so will result in not receiving NEF receipts of filed documents. This message is for informational purposes only. (bjr) |
| Filing 12 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by Captain ABBOTT, CAPRIOTTI, Mr. EMEIGH, Ms. GAUNTHER, Sargeant Huber, Corrections Officer Machesky, ERIC TICE, Sargeant WILLIAMS. (Bradley, Scott) |
| Filing 11 TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. A magistrate judge may exercise this authority only if all parties voluntarily consent. Therefore, it is ORDERED that on or before 6/24/2024, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. A courtesy copy of this form will be mailed to Plaintiff along with this Order. Signed by Chief Magistrate Judge Richard A. Lanzillo on 5/8/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) |
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Filing 10
ORDER Response/Briefing Schedule re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by P.A HOUSE, P.A. PLASO, and #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Captain ABBOTT, CAPRIOTTI, Mr. EMEIGH, Ms. GAUNTHER, Sargeant Huber, Corrections Officer Machesky, ERIC TICE, Sargeant WILLIAMS. Plaintiff's Amended Complaint or Omnibus Response to the Motions to Dismiss is due by 6/24/2024, and Defendants' Replies, if any, are due by 7/8/2024, as more fully set forth in the attached Order. Signed by Chief Magistrate Judge Richard A. Lanzillo on 5/8/2024. (cmc)
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| Filing 9 BRIEF in Support re #8 Motion to Dismiss for Failure to State a Claim filed by Captain ABBOTT, CAPRIOTTI, Mr. EMEIGH, Ms. GAUNTHER, Sargeant Huber, Corrections Officer Machesky, ERIC TICE, Sargeant WILLIAMS. (Bradley, Scott) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Captain ABBOTT, CAPRIOTTI, Mr. EMEIGH, Ms. GAUNTHER, Sargeant Huber, Corrections Officer Machesky, ERIC TICE, Sargeant WILLIAMS. (Attachments: #1 Proposed Order) (Bradley, Scott) |
| Filing 7 BRIEF in Support re #6 Motion to Dismiss for Failure to State a Claim filed by P.A HOUSE, P.A. PLASO. (Attachments: #1 Exhibit A - Complaint, #2 Certificate of Service) (O'Neal, Stuart) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by P.A HOUSE, P.A. PLASO. (Attachments: #1 Proposed Order, #2 Certificate of Service) (O'Neal, Stuart) |
| Filing 5 TEXT ORDER - Upon comparing the Notices of Removal filed in Civil Action Nos. 3:24-cv-0083 and 3:24-cv-0084, it is clear that both cases were removed from Somerset County Court and relate to case number 55 Civil 2024. Accordingly, Civil Action No. 3:24-cv-0084 has been CLOSED as it is duplicative of the case filed at the lower number, 3:24-cv-0083. All further filings shall be at Civil Action No. 3:24-cv-0083. Signed by Chief Magistrate Judge Richard A. Lanzillo on 5/6/2024. 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 4 NOTICE OF INTENTION TO FILE PRAECIPE FOR JUDGMENT OF NON PROS FOR FAILURE TO FILE A CERTIFICATE OF MERIT by P.A HOUSE, P.A. PLASO (Attachments: #1 Certificate of Service) (O'Neal, Stuart) |
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Filing 3
ORDER: Defendants shall file an Answer or responsive pleading to Plaintiff's Complaint on or before 5/17/2024. Signed by Chief Magistrate Judge Richard A. Lanzillo on 4/26/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc)
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| Filing 2 STANDING PRACTICE ORDER FOR PRO SE CIVIL RIGHTS CASES. Signed by Chief Magistrate Judge Richard A. Lanzillo on 4/26/2024. (cmc) |
| This case has been reassigned to Magistrate Judge Richard A. Lanzillo pursuant to Administrative Order 2024-03 filed at 2:24-mc-10001. Magistrate Judge Cynthia Reed Eddy no longer assigned to case. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sms) (sms) |
| Filing 1 NOTICE OF REMOVAL from Somerset County Court, case number 55 Civil 2024. (Filing fee, including Administrative fee, $405, receipt number APAWDC-8218195), filed by Sargeant WILLIAMS, Captain ABBOTT, Corrections Officer Machesky, Mr. EMEIGH, ERIC TICE, Ms. GAUNTHER, CAPRIOTTI, Sargeant Huber. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Notice of Removal Somerset, #3 Civil Cover Sheet) (Bradley, Scott) Modified text on 4/17/2024. (bjr) Modified text on 4/26/2024 to remove the association with Defendants P.A. House and P.A. Plaso. (cmc) |
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