KELLY v. PA DOC et al

DocketDocument Nos. 18 & 19 mailed to pro se plff. (kw, ) (Entered: 11/09/2020)

Docket(#19) ORDERED THAT HARRISS MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED PURSUANT TO 28 U.S.C. 1915; HAKEEM HARRIS, #MU-9397, SHALL PAY THE FULL FILING FEE OF $350 IN INSTALLMENTS, PURSUANT TO 28 U.S.C. 1915(B), REGARDLESS OF THE OUTCOME OF THIS CASE. THE COURT DIRECTS THE SUPERINTENDENT OF SCI BENNER OR OTHER APPROPRIATE OFFICIAL TO ASSESS AN INITIAL FILING FEE OF 20% OF THE GREATER OF (A) THE AVERAGE MONTHLY DEPOSITS TO HARRISS INMATE ACCOUNT; OR (B) THE AVERAGE MONTHLY BALANCE IN HARRISS INMATE ACCOUNT FOR THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE FILING OF THIS CASE. THE SUPERINTENDENT OR OTHER APPROPRIATE OFFICIAL SHALL CALCULATE, COLLECT, AND FORWARD THE INITIAL PAYMENT ASSESSED PURSUANT TO THIS ORDER TO THE COURT WITH A REFERENCE TO THE DOCKET NUMBER FOR THIS CASE. IN EACH SUCCEEDING MONTH WHEN THE AMOUNT IN HARRISS INMATE TRUST FUND ACCOUNT EXCEEDS $10.00, THE SUPERINTENDENT OR OTHER APPROPRIATE OFFICIAL SHALL FORWARD PAYMENTS TO THE CLERK OF COURT EQUALING 20% OF THE PRECEDING MONTHS INCOME CREDITED TO HARRISS INMATE ACCOUNT UNTIL THE FEES ARE PAID. EACH PAYMENT SHALL REFER TO THE DOCKET NUMBER FOR THIS CASE; THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF SCI BENNER; THE COMPLAINT IS DEEMED FILED; KELLY AND HARRISS CLAIMS AGAINST PA DOC AND ANY CLAIMS BASED ON GRIEVANCES ARE DISMISSED WITH PREJUDICE FOR THE REASONS DISCUSSED IN THE COURTS MEMORANDUM; THE CLERK OF COURT IS DIRECTED TO TERMINATE PA DOC AS A DEFENDANT AND THE BALANCE OF THE COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO STATE A CLAIM PURSUANT TO 28 U.S.C. 1915(E)(2)(B)(II) FOR THE REASONS STATED IN THE COURTS MEMORANDUM AS OUTLINED HEREIN. SIGNED BY HONORABLE BERLE M. SCHILLER ON 11/5/20. 11/5/20 ENTERED AND COPIES FAXED/E-MAILED TO SUPERINTENDENT AND NOT MAILED TO PLAINTIFF.(jaa, ) (Entered: 11/05/2020)

Docket(#18) MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE BERLE M. SCHILLER ON 11/5/20. 11/5/20 ENTERED AND COPIES NOT MAILED TO PLAINTIFF.(jaa, ) (Entered: 11/05/2020)

DocketDOC # 17 (PRO SE GUIDELINES) MAILED TO PRO SES ON 9/17/20 (rf, ) (Entered: 09/17/2020)

Docket(#17) PRO SE NOTICE RE:GUIDELINES (tjd) (Entered: 09/16/2020)

Docket(#16) Case transferred in from District of Pennsylvania Western; Case Number 3:20-cv-00143. Original file certified copy of transfer order and docket sheet received. (Entered: 09/16/2020)

DocketCase electronically transferred to the United States District Court for the Eastern District of Pennsylvania. (dlg) [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 09/11/2020)

Docket(#15) MEMORANDUM ORDER - For the reasons set forth in the Magistrate Judge's Report and Recommendation [Doc. #10 ], which is adopted as the opinion of the Court, and, pursuant to 28 U.S.C. Section 1404(a) and in the interest of justice, IT IS ORDERED that this prisoner civil rights action hereby is transferred, sua sponte, to the United States District Court for the Eastern District of Pennsylvania for the convenience of the parties and witnesses. The Court shall leave to the sound discretion of the transferee court the determination of all pending motions [Docs. #6 , #7 , #8 , #11 and #13 ]. The Clerk of Court shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Stephanie L. Haines on 9/11/2020. (dlg) [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 09/11/2020)

Docket(#14) Authorization by Prisoner and Prisoner Trust Fund Account Statement and by HAKEEM HARRIS. (Attachments: #1 Envelope) (jv) [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 09/09/2020)

Docket(#13) MOTION for Leave to Proceed in forma pauperis by HAKEEM HARRIS. Motion(s) referred to Maureen P. Kelly. (Attachments: #1 Envelope) (jv) [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 09/09/2020)

DocketMagistrate Judge Maureen P. Kelly no longer assigned to case. (jmm) [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 08/10/2020)

Docket(#9) Authorization permitting withdrawal of prison account funds to pay filing fee by SHAHEED KELLY. (jv) [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 08/07/2020)

Docket(#8) MOTION to Appoint Counsel by SHAHEED KELLY. (jv) [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 08/07/2020)

Docket(#7) MOTION for Special Relief by SHAHEED KELLY. (jv) Modified on 8/7/2020 to indicate that only Shaheed is filing this document (jv). [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 08/07/2020)

Docket(#6) MOTION for Preliminary Injunction by SHAHEED KELLY. (jv) Modified on 8/7/2020 to indicate that only Shaheed is filing this document (jv). [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 08/07/2020)

Docket(#5) COMPLAINT against CONNOR COUNCIL, EASON, LAMAS, PA DOC, QUINN, SHELBY, filed by SHAHEED KELLY, HAKEEM HARRIS. (jv) [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 08/07/2020)

Docket(#4) ORDER OF COURT: As set forth herein, the #1 Motion for Leave to Proceed in forma pauperis is GRANTED as to Plaintiff Shaheed Kelly only and the Clerk of Court is directed to file the Complaint. Signed by Magistrate Judge Maureen P. Kelly on 08/06/2020. A copy of this Notice and Order of Court have been mailed to Plaintiffs' addresses of record and to the Inmate Account Officer at SCI Somerset. (tjw) [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 08/06/2020)

Docket(#3) Prisoner Trust Fund Account Statement by SHAHEED KELLY. (Attachments: #1 Envelope) (jv) [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 07/30/2020)

Docket(#2) CONSENT to Jurisdiction by United States Magistrate Judge OR District Judge Option by SHAHEED KELLY. (jv) Modified on 7/27/2020 to change to correct title of document (jv). [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 07/27/2020)

Docket(#1) MOTION for Leave to Proceed in forma pauperis by SHAHEED KELLY. (Attachments: #1 Complaint, #2 Authorization by Prisoner, #3 Motion for Preliminary Injunction, #4 Motion for Special Relief/Preliminary Injunction, #5 Motion for Appointment of Counsel, #6 Envelope) (jv) [Transferred from Pennsylvania Western on 9/16/2020.] (Entered: 07/27/2020)