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HomeMy WebLinkAbout02-2720COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS SCI-Pittsburgh May 30, 2002 CERTIFICATION Case # I, Dian Detwiler, certify that the attached inmate account records are a copy of the inmate account records of: John Jae, #BQ3219 and that this is a true and correct copy of the document used during the normal course of business at the State Correctional Institution at Pittsburgh. The balance on this account is minus -$672.24cr. There are no known bank accounts or other assets according to institution records. Dian Detwiler Inmate Accounting Supervisor SCI Pittsburgh PA DEPT. OF CORRECTIONS BUREAU OF COMPUTER SERVICES REMOTE PRINT TIME 14:42 INMATE NAME NUMBER LAST BQ3219 JAE BATCH 1796 1806 1821 1875 0 0 2563 0 0 0 0 2626 0 0 2668 2668 2669 2862 2945 DATE MO DY YEAR 04-02-2002 04-03-2002 04-04-2002 04-10-2002 04-22-2002 04-22-2002 04-22-2002 04-22-2002 04-22-2002 04-26-2002 04-26-2002 04-26-2002 04-26-2002 04-26-2002 05-06-2002 05-07-2002 05-15-2002 05-15-2002 05-30-2002 INMATE ACCOUNTS SYSTEM PARTIAL ACCOUNT LISTING FROM ACTIVE FILE FIRST MI JOHN R TRANSACTION DESCRIPTION 37 POSTAGE 37 POSTAGE 37 POSTAGE 37 POSTAGE 92 TRANSFER OUT GREENE 91 TRANSFER IN PITTSBURGH 41 MEDICAL SICK CALL - 04/16/02 92 TRANSFER OUT PITTSBURGH 91 TRANSFER IN GREENE 92 TRANSFER OUT GREENE 91 TRANSFER IN PITTSBURGH 37 POSTAGE POSTAGE - 4/26/02 92 TRANSFER OUT PITTSBURGH 91 TRANSFER IN PITTSBURGH 37 POSTAGE POSTAGE - 5/03/02 37 POSTAGE POSTAGE - 05/06/02 41 MEDICAL SICK CALL - 5/13/02 37 POSTAGE POSTAGE - 5/14/02 41 MEDICAL SICK CALL - 5/28/02 RUN IAS365 DATE 5/30/2002 PAGE 1 STARTING BALANCE -640.65 BALANCE AFTER THESE TRANSACTIONS ...... TRANSACTION BALANCE AFTER AMOUNT TRANSACTION -3.95 -644.60 -. 80 -645.40 -1.03 -646.43 -15.06 -661.49 -4.00 -665.49 -.46 -666.75 -1.26 -668.01 -2.00 -670.01 -.23 -670.24 -2.00 -672.24 -672.24 -.80 -666.29 PA DEPT. OF CORRECTIONS BUREAU OF COMPUTER SERVICES REMOTE PRINT TIME 14:42 INMATE ACCOUNTS SYSTEM PARTIAL ACCOUNT LISTING FROM PURGE FILE RUN IAS365 DATE 5/30/2002 PAGE 2 INMATE NAME NUMBER LAST BQ3219 JAE FIRST MI JOHN R BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION TRANSACTION BALANCE AFTER AMOUNT TRANSACTION 1509 03-04-2002 37 POSTAGE 1509 03-04-2002 37 POSTAGE 1557 03-07-2002 37 POSTAGE 1557 03-07-2002 37 POSTAGE 1572 03-08-2002 37 POSTAGE 1588 03-11-2002 37 POSTAGE 1680 03-20-2002 37 POSTAGE 1680 03-20-2002 37 POSTAGE 1728 03-25-2002 41 MEDICAL MEDICAL FEES 1740 03-26-2002 41 MEDICAL MEDICAL FEES 3/22/02 3/25/02 -.80 80 57 57 -1 95 -1 37 80 -5 20 -2 00 -2 00 -625 39 -626 19 -626 76 -627 33 -629 28 -630 65 -631.45 -636.65 -638.65 -640.65 BALANCE AFTER THESE TRANSACTIONS ...... > -640.65 PA DEPT. OF CORRECTIONS BUREAU OF COMPUTER SERVICES REMOTE PRINT TIME 14:42 INMATE ACCOUNTS SYSTEM PARTIAL ACCOUNT LISTING FROM PURGE FILE INMATE NAME NUMBER LAST BQ3219 JAE FIRST MI JOHN R BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION 0 01-07-2002 92 TRANSFER OUT GREENE 0 01-07-2002 91 TRANSFER IN PITTSBURGH 1737 01-07-2002 37 POSTAGE POSTAGE 01-03-02 0 01-07-2002 92 TRANSFER OUT PITTSBURGH 0 01-07-2002 91 TRANSFER IN GREENE 0 01-08-2002 92 TRANSFER OUT GREENE 0 01-08-2002 91 TRANSFER IN PITTSBURGH 1737 0t-08-2002 37 POSTAGE POSTAGE 01-07-02 1737 01-08-2002 86 ADJUST PAYMENT 37 ENTERED WRONG AMOUNT 1737 01-08-2002 37 POSTAGE POSTAGE 01-07-02 1737 01-08-2002 37 POSTAGE POSTAGE 01-08-02 0 01-08-2002 92 TRANSFER OUT PITTSBURGH 0 01-09-2002 91 TRANSFER IN GREENE 1148 01-22-2002 37 POSTAGE 1174 01-24-2002 41 MEDICAL MEDICAL FEES 1/22/02 1201 01-28-2002 37 POSTAGE 1226 01-30-2002 37 POSTAGE 1236 01-31-2002 37 POSTAGE 1320 02-11-2002 37 POSTAGE 1320 02-11-2002 37 POSTAGE 1379 02-15-2002 37 POSTAGE 1391 02-19-2002 37 POSTAGE RUN IAS365 DATE 5/30/2002 PAGE 1 STARTING BALANCE -605.06 TRANSACTION AMOUNT -1.03 -.45 .45 -1,26 - .46 -.34 -2.00 -.34 57 -3 50 -2 64 -3 95 -2 64 8O BALANCE AFTER TRANSACTION -606.09 -606.54 -606.09 -607.35 -607.81 -608 15 -610 15 -610 49 -611 06 -614 56 -617 20 -621 15 -623.79 -624.59 PA DEPT. OF CORRECTIONS BUREAU OF COMPUTER SERVICES REMOTE PRINT TIME 14:42 INMATE ACCOUNTS SYSTEM PARTIAL ACCOUNT LISTING FROM PURGE FILE INMATE NAME NUMBER LAST BQ3219 JAE FIRST MI JOHN R BATCH DATE # MO DY YEAR TRANSACTION DESCRIPTION 242 10-01-2001 37 POSTAGE 242 10-01-2001 37 POSTAGE 302 10-09-2001 37 POSTAGE 387 10-18-2001 37 POSTAGE 416 10-22-2001 37 POSTAGE 514 11-01-2001 37 POSTAGE 517 11-01-2001 41 MEDICAL MEDICAL FEES 538 11-05-2001 37 POSTAGE 595 11-13-2001 37 POSTAGE 595 11-13-2001 37 POSTAGE 0 12-17-2001 92 TRANSFER OUT GREENE 0 12-17-2001 91 TRANSFER IN PITTSBURGH 1627 12-17-2001 37 POSTAGE POSTAGE 12-14-01 0 12-17-2001 92 TRANSFER OUT PITTSBURGH 0 12-17-2001 91 TRANSFER IN GREENE 0 12-31-2001 92 TRANSFER OUT GREENE 0 12-31-2001 91 TRANSFER IN PITTSBURGH 1693 12-31-2001 37 POSTAGE POSTAGE 12-28-01 0 12-31-2001 92 TRANSFER OUT PITTSBURGH 0 12-31-2001 91 TRANSFER IN GREENE RUN IAS365 DATE 5/30/2002 PAGE 1 STARTING BALANCE -578.95 TRANSACTION AMOUNT -3.10 -3 . 95 -1.26 -1 26 34 -3 95 -4 00 -3 90 - 80 -2 . 18 -.23 -1.14 BALANCE AFTER TRANSACTION -582.05 -586.00 -587.26 -588.52 -588;86 -592.81 -596.81 -600.71 -601.51 -603.69 -603 . 92 -605.06 BALANCE AFTER THESE TRANSACTIONS ...... > -605.06 270 Pro~ (p~g¢ 1) t~O. ~2. PETITION FOR LEAVE TO PROCEED IN FORMA PAU'PERIg AND NO~, comes the ~l~nnt-~c~ , h chqo4 and respectfully requests this Honorable Court for leave to proceed in FOrma PauDeris in the above captioned case. In support of this Petition, Pla~~hB R~%~%e avers as follows: _1..~]G~hT~]~O ~h~e desires to (Commence a Civil tction) to the uour~ of Common Pleas but is without the funds to pay the filing fee. 2. ~P;~4~~ ~l~ financial affairs are set forth in a Verified Statement, a copy of which is attached to this petition as Exhibit A. 3. If ~1~ .~~~a~ is not permitted to (CoI~mence a Civil ~ctiofi) in Forma Pauperis, he. will be denied due process of Law and/or his rights under the Constitution of the United States and the Constituti6n of the Commonwealth of Pennsylvania. WHEREFORE, ~}q~+~O~n~~.prays this Honorable Court to grant this Petition and to allow h~m 'to~roceed without payment of the required feesl RESPECTFULLY SUBMITTED, 270 Pro~h (p~c 2) IN COus OF CO ON FLm S OF , CIVIL DIVISION 2o PENNSYLVANIA IN FORMA PAOmERI-~ VERIFIED STATEMENT I am the ..PjO~r%'-~'~,-~ in the above matter and because of my financial condition am un~o pay =ne fees and costs of prosecuting or defending the action or proceeding. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. I represent that the information below relating to my ability to pay the fees and costs is true and correct (a) (c) EMPLOZMENT If you are presently employed complete the following: employer: ~0~ phone: /~)o~p . ,-, address: ~)~ employee f.6. # /~ monthly salary or wages: $ ~ type of work: If you are presently unemployed, please complete the following: date last worked: I!--! ~--~ monthly salary or wages: $ OTHER IN~O~IE WITHIN THE PAST ~L~ ~ONTHS (list ~ounts for each and explain) Business or profession:$ Other self-emplo~ent:$ Interest earned:$ Dividends:$ Pension and annui=ies:$ Social Security benefits:$ Support pa~ents:$ Dis~il~ty pa~ents:$ Un~plo~ent compensation and suppl~ental benefits:$ Wor~en's Compensa~ion:$ Public Assistance:$ Other (explain):$ (d) OTHER CONTRIBUTIONS TOI~SEHOLD SIPPORT (wife's) (husband's) n~et If wife or husband is bmp~oyed, p ts c employer: / address: / monthly salary or wa~e,: $ % / typ, Contributions from ~hildre~ Contributions from ~arents: Other contribution~ (explaiz kowing: .~e I.D. (e) PROPERTY OWNED: Cash: Checking account: $ Savings account: $ Certificates of Deposit Real estate (including Motor vehicle(s): Stocks; bonds: $ Other (explain): $ year:, owed: $ year:~ owed: $ DEBTS AND OBLIGATIONS: Mortgage: $ h)~E Rent~ $ A _~ Loan?: $ ~,~'~ , . (wife's) (husband's) n~: ;X { ~, ~ N~e: . · : I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the COSTS incurred herein. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18Pa. C.S., paragraph 4904, relating to unsworn falsification to authorities. 720 I iI~ Defendants (In Item A below, place thc full name of the defendant in the first blank, his/her official position in the second blank, and h/s/her place of employment in the third blank. Use Item B for the names, positions and places of employment of any additional defendants.) A. Defendant [Y[y./~/~:>I}~(~/Q~ ~"). '~)F~t~d~9..~ is employed l~:x~ O. [¢_~ g,,g~, o~ mr> ~],/~. ) f - t / ~'. Statement of Claim (State here as briefly as posat'ole the facts of your case. Descrl~oe how each defendant is involved, including dates and places. Do not ~ive any legal arguments or cite any cases or statutes. Attach extra sheets if necessary.) JUN 2?0 ?ro~ag~ ~) IN Tf{E COURT OF COMIVION PLEAS OF CO, n,~ ,g~Rt.~'OD COUNTy, PENNSYLVANIA ~ DIVISION VS ~ ORDER OF COURT NOW, to-wit, this day of 50~ ~9%. upon consideration of the foregoing Petition, it is hereby ORDERE~, ADJUDGED and DECREED that the petitioner be and hereby is permitted to file ~e hi~/action in the above-captioned case without payment ~f costs or VINVA'IASNN'B,~ AJ.NNOO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN RICHARD JAE, ' Plaintiff, : V. LT. WILLIAM RHOADES, et al., ' : Defendants. : CIVIL ACTION No. 02-2720 DEFENDANTS' PETITION FOR A RULE TO SHOW CAUSE AND TO REVOKE PLAINTIFF'S IN FORMA PAUPERIS STATUS Defendant, by and through its attomey, Timothy A. Holmes, Assistant Counsel, Pennsylvania Department of Corrections, respectfully request this Court to grant this Petition and issue a Rule to Show Cause for the following reasons: 1. John Jae ("Plaintiff"), an inmate currently incarcerated at the State Correctional Institution at Pittsburgh ("SCI-Pittsburgh") filed a Motion in this Court on or about May 29, 2002. 2. The Court, by order dated June 11, 2002, granted Plaintiff's in forma pauperis status. See In Forma Pauperis Status Order dated June 11, 2002, attached hereto as Exhibit A. This case is subject to the provisions of Pennsylvania's Prisoner Litigation Reform Act, 42 P.S. §§6601, et seq. ("State PLRA"), because it alleges abusive prison conditions litigation. 4. Specifically, the State PLRA defines prison conditions litigation as "[a] civil proceeding arising in whole or part under Federal or State law with respec~ to conditions of confinement or the effects of actions by a government party on the life of an individual confined in prison." See 42 P.S. §6601. 5. Abusive litigation under the State PLRA occurs when "the prisoner has previously filed prison conditions litigation" and "three or more of these prior civil actions have been dismissed pursuant to subsection (e)(2)." 42 P.S. §6602(1). 6. Subsection (e)(2) requires that a Court "dismiss prison conditions litigation at any time.., if the Court deternfines [t]he prison conditions litigation is frivolous or malicious or fails to state a claim upon which relief may be granted or the defendant is entitled to assert a valid affirmative defense, including immunity, which if asserted, would preclude the relief." 42 P.S. §6602(e). 7. The State PLRA mirrors the federal government's Prison Litigation Reform Act of 1995 ("Federal PLRA"), Pub.L. No 104-134, 110 Stat. 1321 (April 26, 1996). Under Section 6603 of the State PLRA if prison conditions litigation alleges a violation of Federal law (see Plaintiff's para. 9 of Motion for return of property) it is subject to any limitations on remedies established by Federal law or Federal courts with respect to Federal claims; but, prison conditions litigation due to an allegation of a violation of Pennsylvania law is subject to the limitations in the act with respect to those claims. Plaintiff Jae has had three or more prior civil actions dismissed as frivolous, malicious, or failing to state a claim upon which relief can be granted as defined by the State PLRA. See, ,lac v. Crease, U.S. Court of. Appeals for the Third Circuit, No. 94-3555, attached as Exhibit A; dae v. Collins, U.S. Court of Appeals for the Third Circuit, No. 95-3575, attached as Exhibit B; Jae v. Horn, et al., U.S. Court of Appeals for the Third Circuit, No. 95-3373, attached as Exhibit C; Jae v. Lehman, et al., U.S. District Court, Western District, No. 92-1969, attached as Exhibit D; dae v. Rowley, et al., U.S. ' District Court, Western District, No. 92-2481, attached as Exhibit E; Jae v. Lehman, et al., U.S. District Court, Western District, No. 94-154, attached as Exhibit F; Jae v. Crease, U.S. District Court, Western District, No. 94-1103, attached as Exhibit G; ,lac v. White, et al., U.S. District Court, Western District, No. 95-641, attached as Exhibit H; Jae v. White, et al., U.S. District Court, Western District, No. 95-2019, attached as Exhibit I. Application of the State PLRA mandates that this Court revoke Plaintiff's in forrna pauperis status upon a showing that three or more of PlaintiWs prior civil actions were dismissed as frivolous, malicious or failed to state a claim upon which relief may be granted. WHEREFORE, Defendants' respectfully request that this Court: (1) issue a rule directing Plaintiff to show cause why his in forma pauperis status should not be revoked and this action dismissed pursuant to the provisions of the Pennsylvania PLRA and; (2) ultimately revoke Plaintiff's inforrna pauperis status, and grant Defendant twenty (20) days in which to pay the full filing fee or the Court will dismiss this action with prejudice pursuant to the provisions under the Pennsylvania PLRA. Office of General Counsel Timothy A---Holmes Assistant Counsel Attorney Id. No. 87758 Pennsylvania Department of Corrections 55 Utley Drive Camp Hill PA 17011 (717) 731-0444 Dated: July 10, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN RICHARD JAE, Plaintiff, V. LT. WILLIAM RHOADES, et al., Defendant. No. 02-0697 CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of Defendants' Petition for a Rule to Show Cause and to Revoke Plaintiff's In Forma Pauperis Status in the above-referenced matter. Service by first-class mail addressed as follows: John Richard Jae (BQ-3219) SCI-Pittsburgh P.O. Box 99901 Pittsburgh, PA 15233 Cathleen E. Phillips Clerk Typist 2 Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: July 10, 2002 IN THE COURT OF COMMON PLEAS OF HUNTINGDON COUNTY, PENNSYLVANIA JOHN RICHARD JAE, Plaintiff, V. LT. WILLIAM RHOADES, et al., Defendant. No. 02-0697 CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a tree and correct copy of Defendants' Petition for a Rule to Show Cause and to Revoke Plaintiff's In Forma Pauperis Status in the above-referenced matter. Service by first-cla~s mail addressed as follows: John Richard Jae (BQ-3219) SCI-Pittsburgh P.O. Box 99901 Pittsburgh, PA 15233 Cathleen E. Phillips Clerk Typist 2 Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: July 10, 2002 Oecembec 22, ~994 c.A~ NO. 94-35S5 .,TO~ R~CHARD 0'AE OFFICgRC]tt~E ~ ORDBR .......... This a~ion was rafted ~o United S~tes Hagist~te ~udge Ga~ L. ~ster ~ acco~ wi~ ~e ~gis~t~ A~,'28 U.S.C. ~636(b)(1) an~ ~es 3 ~ 4 of ~e ~1 ~es of Magistrates. ~e magis~ate Judge filed his repo~ on Sept~ 22, 1992, as frivoIo~s p~u~t fil~ .obje~io~. .~ter review of pla~tiffts co~la~t, rt~e~er wi~ ~e magis~te Judgers Go= 'a~ees ~i~' ~e reo~~tion. A~o~gly, (~ent No. 1) be, ~d ~e s~e her~y is, di~iss~. ~e' re~ of ~nit~ S~tes Magis~ate Judge ~st~ is adopt~ as ~e option Chief ~udge IN THE UNITED STATES DISTRICT COb~T FOR THE WESTERN DISTRICT OF PENNSYLVANIA JOHN RIcHARD JAE, Plaintiff, Vo JAHES 'E. RoWLEy, et al., Defendants. ) ) ) ). ) ) ) ) ) civil Action No. 92-2481 MEMORANDUM ORDER This action was 'referred tO United States Magistrate Judge Gary L.. Lancaster in accordance wi~h the Magistrates A~, 28 U.S.C. §636(b)(1), and. Rule 3 and 4 of the Local Rules for Magistrates. The magistrate .Judge filed his report, which conclude~ that pl&i~ti.ff"s oom~laint-' should be dismissed, as frivolo~s. Plai~t[ff 'filed obJectior~ to ~he magistrate Judge~s .. report. After 'review of the pleadings and documents in the case, togee-her with the magistrate Judge" s report and plaintiff~s objections thereto, ~-he following ORDER is entered this ~ ~Y of Marcy, ].993: The Complaint is dismissed. The report filed by Magistrate Judge Lancaster is ad.opted Chief ,.Tudqe Honorable ~ary L. Lancaster United States Magistrate Judge John l~l. cha~l Jae S; C. I · - Pittsburgh P.O. Box 99901 Pittsburgh, PA. 15233 3udf~e ~ar~ ~.. Lancaster/ acco~e ~ ~ ~g'i~ ~ ~ 72,1.3 ~ 72.1.4 o~ ~ F~2, 1904; r~ed ~ ~s a~n ~ dl~ u l~ally '~rXvolous ~ ac~ ~a S~te ~1o~1 l~tution ~a~. ~~ were ~2M by plalnti~ on ~ 10, :..?,,.~ ~~'..'.~_~.~.':'.:.:.,;,.:~.**~t.'-*. [¥'/ 141 ~4 ira ?.,,,~4' f,,~' FOR THE WESTERN DISTRICT OF PENNSYL~;AN.IA.... 'JOHN RICHARD JAE Plaintiff Court Defendant Plaintiff,s Civil Action No. 94-1103 Judg6 Lancaster Magistrate Judge Caiazza Clerk of on June 1S, 1994, s~d was refe~ed to Uz~Lted States Magistrate Judge Francis X. Caiazza for Pretrial procee~_gs in accordance with the Ma~istrates Act, 28 U.S.C. ~ 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. The magistrate judge's report and reco,~endation, filed on J,,~e 30, i994, recommended that the action be dismissed as le~-ally frivolous. The pal-ties were allowed ten ({0) days from the date of service ~o file objections. A motion for ext,neion of time to suL.~it objections was then~r~ted, allowing plaintiff to 'file objections until August 22, 1994. Service was made on 'plaintiff bY deliVery to SC~ PiCtsbur~h, where he is incarcerated' and on defendant. No objections have be~- filed[ After review of the pleadings and documents ~ the case, to~ether with the report and reco~e-_dation, the follOwin~.or~l~r is -ntered: ~D NOW, .t/uLs '~ ~day of__~_~, 19~; IT IS HEREBy ORDER~ that this actio-nbe dis~ssed as legally friv. olous in accordance with 28 U.S.C. §191S(d). ~EMORANDUMORDE~ complaint was received by the Caiazza, opinion of the court. CC: The report &nd reco~endation of Magis~raue ~uu~ (Doc. NO. 4) dated June 29, 1994, is adopted as =he United States District Judge Francis X. Caiazza U.S. Magistra=e Judge John R/chard Jae BQ-3219 SCI PiCCs~ur~h PO Box 99901 PitCsbur~h, PA 15233 .2 JOHN RIChArD JAE Plaintiff VS. GREC~)Ry R. WHITE et.al. Defendants Civil Action No. 95-641 Judge. Lancaster Magistrate Judge Caiazza OI~D~.~_ ' '~ -' .... erred to Un/ted States Magistrate Judge Francis X. Caiazza for Pretrial 'Proceedings in accordance wilLh the Magistrates Act, 28.U.S.C S 636(b)(1), and' filed on April 27, 199S ecommendat~on, , recoum~nded that th~ ~ .__ dismissed as ]---~-..- . -- =ct:~v~ be - (10) days frc~=~S'~. ~r~Lvolou,.. The parties were allowed ten .aate of service =o file o was made on the -1 .... ' bjec~ions. Service . m ~anclff by First Class Uni directed t ~ ~ ~ _. . . ted States Mai . . o _.~.~. m~ttsDurgh, Pe~syl.---~- - . 1 ~ncarcerated '~= where he is ·and on the defe~ldant. 'ObJectio ' . Pla:l~tif~f on Ju,~ = .... ns were filed by Plea -' ~' ~.~5 filed. After ~ ~ rev~ '- ~gs and doC~t - ew o= the . s ~ the case, t e ~nd recOmmendati ..... o~ ther wi. th the report ~-, ~ne follo.~ing order is ~ntered:. le~Jall¥ frivo~s HERE~y OP. DEP~D that this action is dismts.ed ' lous. . as Caiazza, oginion of the court. CC: The report and reco~luRendation of Magistrate Judge (Doc. No. 7} dated April 2?, 1995, is adopted as the United States District Court Judge Francis X.' Caiazza' U.S. Magistrate Judge Joh~ R. Jae, BQ-3219 SCI ~ittsbur~h PO BOX 99901 Pittsburgh, PA 15233-0901 2 JOHNRICHARD JA~ Plaintiff GRE~ORYWHITE, et.al. Defendants civil. Action No. 95~2019 Judge Lancaster Magistrate Judge Caiazza ~0~ 0RDE~ The Plainti~f's co=~laint was receivedby the Clerk of Court on December 6, 1995, and was referred to United States Magistrate Judge Francis X. Caiazza ~or pretrial proceedings 4n-accordance with the Magistrates ACt, 28 U.S.C. § 636(b)(1), and Ru~es 72.1.3 and 72~1.4 of the Local Rules for Magistrates. The magistrate judge's report and reco~endation, filed on December 14, 1995, recouu~nded that this action be dism4sse~.as legaliy f~ivolous in accordanc~ with 28 U.S.C. §1915 (d). The parties were allowed t-- (10) days ~rom t~e ~ate o~ service to file objections. Service was made on the plaintf~f by Pirst Class United States Mafl~d delivered to S.C.I. Greene, waynesburg Pe~nsylva~nia, where he is {~carcerated and on defe~d--t. No obje=tions have been filed. After review of t~e pleadings.and documents in the case, together with the report and reco~,~ndation, the day of following order is entered:~ AND NOW, this Catazza, (Doc - ~ and reco~endact_- the o~n. ·--o. 4) dated D~.e_~ ~- o~ ~' ~on of the .... t~ -~ ~er 14, 1995, ~. C.Z. G~e~e 1040 ~. R~ ~ ~gh~ay ~a~es~, ~A ~5370-8090 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOHN RICHARD JAE, · Petitioner, : V. : LT. WILLIAM RHOADES, et al., : : RespOndents. · Civil No. 02-2720 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel on behalf of the Respondents, the Commonwealth of Pennsylvania in the above-captioned matter. Office of General Counsel Timothy A~. Holmes Assistant Counsel Pennsylvania Department of Corrections 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Attorney ID. No. 87758 Dated: July 9, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY JOHN RICHARD JAE, Petitioner, V. LT. WILLIAM RHOADES, et al., Respondents. Civil No. 02-2720 CERTIFICATE OF SERVICE I hereby certify that I am this day depositing in the U.S. mail a true and correct copy of Praecipe for Entry of Appearance in the above referenced matter. Service by first-class mail Addressed as follows: John Richard Jae (BQ-3219) SCI-Pittsburgh P.O. Box 99901 Pittsburgh, PA 15233 Cathleen E. Phillips Clerk Typist 2 Pennsylvania Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: July 9, 2002 JUL 1 1 ZOOZ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN RICHARD JAE, Plaintiff, V. LT. WILLIAM RHOADES, et al., Defendants. CIVIL ACTION No. 02-2720 AND NOW, this ORDER day of July, 2002, upon consideration of the foregoing petition, it is hereby ordered that: (1) A role is issued upon the Plaimiffto show cause why the defendant is not entitled to the relief requested; (2) Rule returnable - . 02.