GARCIA II v. CRUZ
| Pennsylvania Eastern District Court | |
| Judge: | Joshua D Wolson |
| Case #: | 2:25-cv-00440 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 29:0794 Job Discrimination (Handicap) |
| Case Filed: | Jan 25, 2025 |
| Re-opened: | Mar 28, 2025 |
| Terminated: | Mar 31, 2025 |
| Last checked: Tuesday Mar 11, 2025 4:34 AM EDT |
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Defendant
ANGELICA M. CRUZ
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Plaintiff
HAMLET GARCIA II
101 E. OLNEY AVE, UNIT 330
PHILADELPHIA, PA 19120 |
GPO
Mar 28 2025
MEMORANDUM AND/OR OPINION. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 3/28/25. 3/28/25 ENTERED AND COPIES E-MAILED.(bw) |
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GPO
Mar 28 2025
ORDER THAT THE MOTION IS DENIED BECAUSE MR. GARCIA HAS NOT SHOWN A BASIS FOR ME TO REVISIT MY ORDER DENYING HIS RECUSAL MOTION.HE DOES NOT IDENTIFY NEW FACTS, AN INTERVENING CHANGE IN LAW, OR ANY CLEAR ERROR OF FACT ORLAW. IT IS FURTHER ORDERED THAT, UPON CONSIDERATION OF MR. GARCIAS MOTION TOPROCEED IN FORMA PAUPERIS (ECF NO. 22), THE MOTION IS GRANTED FOR THE REASONS STATEDIN THE ACCOMPANYING MEMORANDUM.IT IS FURTHER ORDERED THAT THE COMPLAINT IS DEEMED FILED.IT IS FUTHER ORDERED THAT, FOR THE REASONS STATED IN THE ACCOMPANYINGMEMORANDUM AND PURSUANT TO 28 U.S.C. § 1915(A), THE COMPLAINT IS DISMISSED INPART WITH PREJUDICE AND IN PART WITHOUT PREJUDICE, AS FOLLOWS: ALL FEDERAL LAW CLAIMS ARE DISMISSED WITH PREJUDICE; AND ALL STATE LAW CLAIMS ARE DISMISSED WITHOUT PREJUDICE FOR LACK OFSUBJECT MATTER JURISDICTION. IT IS FURTHER ORDERED THAT THE FOLLOWING MOTIONS ARE DENIED AS MOOT: THE MANDATORY MOTION FOR IMMEDIATE WAIVER RECOGNITION &CONSTITUTIONAL ENTRY (ECF NO. 17); THE MOTION TO COMPEL, ENFORCE CLERKS STATUTORY DUTIES, AND/OR GRANT RELIEF (ECF NO. 20); AND THE EMERGENCY MOTION TO EXPEDITE PROCEEDINGS (ECF NO. 23).THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 3/28/25. 3/28/25 ENTERED AND COPIES E-MAILED.(bw) |
| Docket last updated: 04/18/2025 11:59 PM EDT |
| Monday, March 31, 2025 | ||
| 30 | 30
appeal
USCA Notice of Docketing ROA
Mon 03/31 1:02 PM
NOTICE of Docketing Record on Appeal from USCA re27 Notice of Appeal filed by HAMLET GARCIA II. USCA Case Number 25-1617 (er) |
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| 29 | 29
1
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Mon 03/31 11:47 AM
ORDER THAT THE MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS28 IS DENIED AS MOOT. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 3/31/25.3/31/25 ENTERED AND COPIES E-MAILED.(bw) |
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| Friday, March 28, 2025 | ||
| 28 | 28
motion
Proceed In Forma Pauperis
Fri 03/28 2:56 PM
MOTION for Leave to Proceed in forma pauperis filed by HAMLET GARCIA II..(bw) |
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Att: 1
Affidavit,
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Att: 2
COVER LETTER
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| 27 | 27
appeal
Notice of Appeal
Fri 03/28 1:18 PM
NOTICE OF APPEAL by HAMLET GARCIA II. (NO FEE PAID; NO IFP FILED)(bw) |
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Att: 1
COVER LETTER
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| 26 | 26
2
pgs
order
Memorandum and/or Opinion Order
Fri 03/28 10:54 AM
ORDER THAT THE MOTION IS DENIED BECAUSE MR. GARCIA HAS NOT SHOWN A BASIS FOR ME TO REVISIT MY ORDER DENYING HIS RECUSAL MOTION.HE DOES NOT IDENTIFY NEW FACTS, AN INTERVENING CHANGE IN LAW, OR ANY CLEAR ERROR OF FACT ORLAW. IT IS FURTHER ORDERED THAT, UPON CONSIDERATION OF MR. GARCIAS MOTION TOPROCEED IN FORMA PAUPERIS (ECF NO. 22), THE MOTION IS GRANTED FOR THE REASONS STATEDIN THE ACCOMPANYING MEMORANDUM.IT IS FURTHER ORDERED THAT THE COMPLAINT IS DEEMED FILED.IT IS FUTHER ORDERED THAT, FOR THE REASONS STATED IN THE ACCOMPANYINGMEMORANDUM AND PURSUANT TO 28 U.S.C. § 1915(A), THE COMPLAINT IS DISMISSED INPART WITH PREJUDICE AND IN PART WITHOUT PREJUDICE, AS FOLLOWS: ALL FEDERAL LAW CLAIMS ARE DISMISSED WITH PREJUDICE; AND ALL STATE LAW CLAIMS ARE DISMISSED WITHOUT PREJUDICE FOR LACK OFSUBJECT MATTER JURISDICTION. IT IS FURTHER ORDERED THAT THE FOLLOWING MOTIONS ARE DENIED AS MOOT: THE MANDATORY MOTION FOR IMMEDIATE WAIVER RECOGNITION &CONSTITUTIONAL ENTRY (ECF NO. 17); THE MOTION TO COMPEL, ENFORCE CLERKS STATUTORY DUTIES, AND/OR GRANT RELIEF (ECF NO. 20); AND THE EMERGENCY MOTION TO EXPEDITE PROCEEDINGS (ECF NO. 23).THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 3/28/25. 3/28/25 ENTERED AND COPIES E-MAILED.(bw) |
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pgs
order
Memorandum and/or Opinion
Fri 03/28 10:52 AM
MEMORANDUM AND/OR OPINION. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 3/28/25. 3/28/25 ENTERED AND COPIES E-MAILED.(bw) |
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| Wednesday, March 26, 2025 | ||
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misc
Returned Mail
Wed 03/26 3:25 PM
Copy of Order/Notice dated 2/27/25 (Document # 16) and envelope returned from the U.S. Postal Service addressed to HAMLET GARCIA II for the following reason: UNABLE TO DELIVER; ATTEMPTED - NOT KNOWN. (bw) |
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| Thursday, March 13, 2025 | ||
| 23 | 23
motion
Expedite
Fri 03/14 6:57 AM
EMERGENCY MOTION OF PRO SE PLAINTIFF HAMLET GARCIA II, TO EXPEDITE PROCEEDINGS.(dt) |
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Att: 1
Memorandum,
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Att: 2
Cover Page
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| Tuesday, March 11, 2025 | ||
| 22 | 22
motion
Proceed In Forma Pauperis
Wed 03/12 8:27 AM
MOTION for Leave to Proceed in forma pauperis filed by HAMLET GARCIA II..(bw) |
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Att: 1
Exhibit A,
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Att: 2
Affidavit,
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Att: 3
COVER LETTER
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| Friday, March 07, 2025 | ||
| 21 | 21
motion
Reconsideration
Fri 03/07 3:17 PM
MOTION for Reconsideration re16 Order on Motion for Recusal,, Order on Motion for Leave to Proceed in forma pauperis, filed by HAMLET GARCIA II.MEMORANDUM OF LAW IN SUPPORT, CERTIFICATE OF SERVICE..(dt) |
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Att: 1
Cover Sheet
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motion
Compel Enforce
Fri 03/07 12:13 PM
MOTION OF PRO SE PLAINTIFF HAMLETT GARCIA TO COMPEL, ENFORCE CLERK'S STATUTORY DUTIES AND/OR GRANT RELIEF.(dt) |
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Att: 1
COVER SHEET
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| Thursday, March 06, 2025 | ||
| 19 | 19
notice
Notice (Other)
Thu 03/06 2:45 PM
MANDATORY NOTICE OF DESIGNATION CORRECTION, STANDING RECOGNITION & JURISDICTIONAL PREEMPTION TO THE COURT AND ALL PARTIES by HAMLET GARCIA II(bw) |
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Att: 1
COVER LETTER
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| Monday, March 03, 2025 | ||
| 18 | 18
notice
Notice (Other)
Mon 03/03 12:21 PM
MANDATORY NOTICE OF JURISDICTIONAL PREEMPTION; RECOGNITION; & CONSTITUTIONAL STANDING by HAMLET GARCIA II(er) |
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Att: 1
cover sheet
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| 17 | 17
motion
Miscellaneous Relief
Mon 03/03 12:19 PM
MOTION FOR IMMEDIATE WAIVER RECOGNITION & CONSTITUTIONAL ENTRY filed by HAMLET GARCIA II.(er) |
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Att: 1
cover sheet
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| Thursday, February 27, 2025 | ||
| 16 | 16
5
pgs
order
Order on Motion for Recusal Order on Motion for Leave to Proceed In Forma Pauperis
Thu 02/27 1:20 PM
ORDER THAT MR. GARCIA'S MOTION FOR RECUSAL8 IS DENIED. MR. GARCIA'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS1 IS DENIED WITHOUT PREJUDICE FOR LACK OF SUFFICIENT INFORMATION. THE CLERK OF COURT SHALL SEND MR. GARCIA AN APPROPRIATE NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS; AS IT IS OUTLINED HEREIN.. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 2/27/25.2/27/25 ENTERED AND COPIES MAILED TO PRO SE W/ IFP APPLICATION FORMS.(bw) |
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| Tuesday, February 11, 2025 | ||
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misc
Proposed Order
Wed 02/12 10:30 AM
PROPOSED STANDING ORDER by HAMLET GARCIA II.(bw) |
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Att: 1
COVER LETTER
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notice
Notice (Other)
Wed 02/12 10:28 AM
NON-DISCRETIONARY NOTICE OF COURT ACCESS UNDER ADA by HAMLET GARCIA II(bw) |
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Att: 1
COVER LETTER
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misc
Letter
Wed 02/12 10:22 AM
LETTER NOTICE (E-NOTICE ACKNOWLEDGEMENT) by HAMLET GARCIA II(bw) |
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Att: 1
COVER LETTER
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| 12 | 12
notice
Notice (Other)
Wed 02/12 10:20 AM
NOTICE 0F CLERICAL OBSTRUCTION by HAMLET GARCIA II(bw) |
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Att: 1
COVER LETTER
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| 11 | 11
notice
Notice of Change of Address
Wed 02/12 10:19 AM
NOTICE of Change of Address by HAMLET GARCIA II(bw) |
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Att: 1
COVER LETTER
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| 10 | 10
misc
Returned Mail
Tue 02/11 12:32 PM
Copy of Order/Notice dated 1/25/24 (Document # 4) and envelope returned from the U.S. Postal Service addressed to Hamlet Garcia for the following reason: Return to Sender - No such street. (er) |
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| Friday, February 07, 2025 | ||
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misc
Affidavit
Mon 02/10 10:34 AM
AFFIDAVIT of service of Summons by HAMLET GARCIA II.(er) |
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Att: 1
COVER PAGE
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| Tuesday, January 28, 2025 | ||
| 8 | 8
motion
Recusal
Wed 01/29 8:07 AM
MOTION FOR RECUSAL OR, ALTERNATIVE, DISQUALIFICATION OF HONORABLE JOSHUA D. WOLSON filed by HAMLET GARCIA II..(bw) |
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Att: 1
Notice to Recusal,
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Att: 2
Proposed Order,
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Att: 3
Memorandum,
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Att: 4
Declaration,
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Att: 5
Exhibit A,
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Att: 6
Exhibit B,
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Att: 7
COVER LETTER
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| 7 | 7
notice
Notice (Other)
Tue 01/28 8:33 AM
NOTICE OF MAGISTRATE REFERRAL BY PRO SE PLAINTIFF HAMLET GARCIA II.(dt) |
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Att: 1
Cover Sheet
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| Monday, January 27, 2025 | ||
| 6 | 6
notice
Notice (Other)
Tue 01/28 7:20 AM
NOTICE OF OBJECTION BY PRO SE PLAINTIFF BY HAMLET GARCIA II TO IMPROPER RELATED CASE CLASSIFICATION.(dt) |
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Att: 1
Cover Page
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| 5 | 5
notice
Notice (Other)
Tue 01/28 7:17 AM
NOTICE OF CORRECTED CASE DESIGNATION BY PRO SE PLAINTIFF HAMLET GARCIA II.(dt) |
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Att: 1
Cover Page
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misc
Remark
Mon 01/27 11:47 AM
Document #4 along with E-Consent notice mailed to Pro Se Plaintiff Hamlet Garcia. (DT) |
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| Saturday, January 25, 2025 | ||
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notice
Notice re: Pro Se Guidelines
Mon 01/27 11:12 AM
PRO SE NOTICE RE:GUIDELINES. NOT MAILED TO PRO SE.(bw) |
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Att: 1
Pro Se E-Notice Consent Form
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| 3 | 3
notice
Notice (Other)
Mon 01/27 11:07 AM
PLAINTIFF'S NOTICE OF APPEARANCE by HAMLET GARCIA II (bw) |
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| 2 | 2
cmp
Complaint
Mon 01/27 11:05 AM
COMPLAINT against ANGELICA M. CRUZ, filed by HAMLET GARCIA II.(bw) |
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Att: 1
Exhibit,
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Att: 2
COVER LETTER
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| 1 | 1
motion
Proceed In Forma Pauperis
Mon 01/27 11:05 AM
MOTION for Leave to Proceed in forma pauperis filed by HAMLET GARCIA II..(bw) |
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