HOYE v. DEPT OF CORRECTIONS et al
| Pennsylvania Western District Court | |
| Judge: | Nora Barry Fischer |
| Case #: | 3:24-cv-00265 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983pr Prisoner Civil Rights |
| Case Filed: | Nov 07, 2024 |
| Re-opened: | Dec 09, 2024 |
| Terminated: | Jan 16, 2025 |
Defendant
DEPT OF CORRECTIONS
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Defendant
SCI SOMERSET
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Plaintiff
NATHAN HOYE
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GPO
Dec 10 2024
REPORT AND RECOMMENDATION - for the reasons stated therein, it is recommended the Complaint 1 be dismissed with prejudice in accordance with the screening provisions promulgated in the Prison Litigation Reform Act, 28 U.S.C. § 1915A(b)(1), as frivolous and for failure to state a claim upon which relief can be granted. It is further recommended leave to amend be denied as futile. And it is recommended the Motion for leave to proceed in forma pauperis 5 be denied as moot. Hoye, must file written objections, if any, to this Report and Recommendation by December 30, 2024. Signed by Magistrate Judge Christopher B. Brown on 12/10/2024. (bsc) |
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GPO
Jan 16 2025
ORDER that 8 Report and Recommendation is adopted as the opinion of the Court, that plaintiff's objections thereto are OVERRULED, that plainitiff's complaint at Remark is dismissed, with prejudice as frivolous and for failure to state a claim pursuant to the screening provisions of 28 U.S.C. §1915(e)(2) and that leave to amend is denied, as futile; 5 Motion for Leave to Proceed in forma pauperis is denied as moot; The Clerk of Court shall mark this case CLOSED and pursuant to F.R.A.P. 4(a)(1), if plaintiff wishes to appeal from this order, a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Pittsburgh, PA, within thirty (30) days. Signed by Judge Nora Barry Fischer on 1/16/2025. (map) |
| Docket last updated: 01/27/2025 11:59 PM EST |
| Friday, January 17, 2025 | ||
| 18 | 18
utility
Remark
Tue 01/21 9:14 AM
Remark: Objections by Nathan Hoye (rjr) |
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Att: 1
Envelope
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| Thursday, January 16, 2025 | ||
| 17 | 17
2
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis Order on Report and Recommendations
Thu 01/16 1:54 PM
ORDER that8 Report and Recommendation is adopted as the opinion of the Court, that plaintiff's objections thereto are OVERRULED, that plainitiff's complaint at Remark is dismissed, with prejudice as frivolous and for failure to state a claim pursuant to the screening provisions of 28 U.S.C. §1915(e)(2) and that leave to amend is denied, as futile;5 Motion for Leave to Proceed in forma pauperis is denied as moot; The Clerk of Court shall mark this case CLOSED and pursuant to F.R.A.P. 4(a)(1), if plaintiff wishes to appeal from this order, a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Pittsburgh, PA, within thirty (30) days. Signed by Judge Nora Barry Fischer on 1/16/2025. (map) |
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| Friday, January 03, 2025 | ||
| 16 | 16
misc
Objections
Fri 01/10 2:46 PM
OBJECTIONS by NATHAN HOYE. (rjr) |
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Att: 1
Envelope
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| 15 | 15
misc
Objections
Fri 01/10 2:45 PM
OBJECTIONS by NATHAN HOYE. (rjr) |
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Att: 1
Envelope
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| Thursday, January 02, 2025 | ||
| 14 | 14
utility
Remark
Thu 01/02 12:27 PM
Correspondence to the Court (rjr) |
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Att: 1
Envelope
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| Monday, December 16, 2024 | ||
| 13 | 13
order
Order on Motion for Miscellaneous Relief
Mon 12/16 12:53 PM
TEXT ORDER denying11 MOTION to release medical records to this court by NATHAN HOYE. The Court does not have authority to order new lab work for Plaintiff. Accordingly, Plaintiff's motion is DENIED. Signed by Magistrate Judge Christopher B. Brown on 12/16/2024. 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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| 12 | 12
order
Order on Motion for Miscellaneous Relief
Mon 12/16 12:50 PM
TEXT ORDER denying without prejudice10 MOTION to have respondents answer my complaint re1 Remark by NATHAN HOYE. There is currently a Report and Recommendation pending for the District Court's review, recommending pre-service dismissal of this action. Should the case survive, the Court will begin the service process for Defendants. Plaintiff is reminded that he may file Objections to the pending Report and Recommendation (ECF No. 8) on or before 12/30/2024. Signed by Magistrate Judge Christopher B. Brown on 12/16/2024. 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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| Thursday, December 12, 2024 | ||
| 11 | 11
motion
Miscellaneous Relief (Use ONLY if no other relief applies)
Fri 12/13 1:59 PM
MOTION to release medical records to this court by NATHAN HOYE. Motion referred to Christopher B. Brown. (rjr) |
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Att: 1
Envelope
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| 10 | 10
motion
Miscellaneous Relief (Use ONLY if no other relief applies)
Fri 12/13 1:58 PM
MOTION to have respondents answer my complaint re1 Remark by NATHAN HOYE. Motion referred to Christopher B. Brown. (rjr) |
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Att: 1
Envelope
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| 9 | 9
utility
Remark
Fri 12/13 1:56 PM
Remark: Statement\Question to be answered by respondents from Nathan Hoye (rjr) |
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Att: 1
Envelope
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| Tuesday, December 10, 2024 | ||
| 8 | 8
motion
Report and Recommendation
Tue 12/10 5:11 PM
REPORT AND RECOMMENDATION - for the reasons stated therein, it is recommended the Complaint1 be dismissed with prejudice in accordance with the screening provisions promulgated in the Prison Litigation Reform Act, 28 U.S.C. § 1915A(b)(1), as frivolous and for failure to state a claim upon which relief can be granted. It is further recommended leave to amend be denied as futile. And it is recommended the Motion for leave to proceed in forma pauperis5 be denied as moot. Hoye, must file written objections, if any, to this Report and Recommendation by December 30, 2024 . Signed by Magistrate Judge Christopher B. Brown on 12/10/2024. (bsc) |
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utility
Add and Terminate Judges
Tue 12/10 4:40 PM
Judge Nora Barry Fischer presiding and Magistrate Judge Christopher B. Brown referred. Motions referred to Christopher B. Brown. (bgs) |
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| Thursday, December 05, 2024 | ||
| 7 | 7
utility
Remark
Thu 12/05 3:26 PM
Correspondence to the Court by Nathan Hoye (rjr) |
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Att: 1
Envelope
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| 6 | 6
misc
Prisoner Trust Fund Account Statement
Thu 12/05 3:24 PM
Prisoner Trust Fund Account Statement by NATHAN HOYE. (rjr) |
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Att: 1
Envelope
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| 5 | 5
motion
Proceed In Forma Pauperis
Thu 12/05 3:12 PM
MOTION for Leave to Proceed in forma pauperis by NATHAN HOYE. (rjr) |
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Att: 1
Prisoner Authorization Form,
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Att: 2
Envelope
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| Tuesday, November 19, 2024 | ||
| 4 | 4
3
pgs
order
Order
Tue 11/19 3:11 PM
MEMORANDUM and ORDER FOR ADMINISTRATIVE CLOSING. This action may not proceed unless Plaintiff either, 1) tenders to the "Clerk, U.S. District Court" a check in the amount of $405.00 (filing fee and administrative fee), or 2) files a properly completed motion to proceed in forma pauperis in accordance with 28 U.S.C. § 1915(a)(1),(2), as more fully set forth in the attached Order. The Clerk of Court is directed to mark this case administratively CLOSED. Signed by Magistrate Judge Christopher B. Brown on 11/19/2024. (cmc) |
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| 3 | 3
order
Standing Practice Order for Pro Se Civil Rights Cases
Tue 11/19 3:06 PM
STANDING PRACTICE ORDER FOR PRO SE CIVIL RIGHTS CASES. Signed by Magistrate Judge Christopher B. Brown on 11/19/2024. (cmc) |
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| Thursday, November 07, 2024 | ||
| 1 | 1
utility
Remark for lodged complaint
Thu 11/07 4:01 PM
Remark: Complaint lodged without Motion for In Forma Pauperis or payment of filing fee (sms) |
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Att: 1
Incomplete Account Statement,
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Att: 2
Prisoner Authorization Form,
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Att: 3
Envelope
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