Cyrus Sanders

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ADMINO,CLOSED,PROSEREF,REOPEN,SCRUnited States District Court

Middle District of Pennsylvania (Scranton)CIVIL DOCKET FOR CASE #: 3:08-cv-01560-ARC

Sanders v. Downs et alAssigned to: Honorable A. Richard CaputoCase in other court:

Third Circuit, 10-01783

Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 08/20/2008Date Terminated: 01/24/2013Jury Demand: NoneNature of Suit: 440 Civil Rights: OtherJurisdiction: Federal Question

PlaintiffCyrus R. Sanders represented

byCyrus R. Sanders 076-30-067 SPECIAL MAIL - OPEN ONLY IN THE PRESENCE OF THE INMATE 1600 Walters Mill Rd. Somerset, PA 15510 PRO SE

V.DefendantSteven Downs The Bradford County District Attorney

represented by

Michael J. Donohue Kreder, Brooks, Hailstone & Ludwig 220 Penn Ave. Suite 200 Scranton, PA 18501 570-346-7922 Fax: 3463715 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

A. James Hailstone Kreder, Brooks, Hailstone & Ludwig 220 Penn Avenue Suite 200 Scranton, PA 18503 717-346-7922 Fax: 3463715 Email: [email protected] ATTORNEY TO BE NOTICED

DefendantAlbert C. Ondrey Assistant District Attorney

represented by

Michael J. Donohue (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

A. James Hailstone (See above for address) ATTORNEY TO BE NOTICED

DefendantFrancis D. Rineer Assistant District Attorney

represented by


A. James Hailstone (See above for address) TERMINATED: 02/08/2012 ATTORNEY TO BE NOTICED

DefendantGreg Hostettler Bradford County Detective

represented by



DefendantCaptain Donald C. Peters

represented by

M. Abbegael Giunta Office of Attorney General 15th Floor Strawberry Square Harrisburg, PA 17120 717-787-1179 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


DefendantTrooper Bernosky represented

byM. Abbegael Giunta (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


DefendantTrooper Petros represented



DefendantDavid C. Pelachick represented



DefendantGeorge C. Confer represented



DefendantUnknown Troopers Pennsylvania State Police

DefendantDaniel J. Barrett District Attorney, Bradford County

represented by



DefendantJeffrey Smith Bradford County Judge

represented by

Michael P. Daley Supreme Court of Pennsylvania, AOPC 1515 Market Street Suite 1414 Philadelphia, PA 19102-1913 215.560.6300 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED


DefendantMarylou Vanderpool Bradford County Court Administrator

represented by

Michael P. Daley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED



DefendantJohn Kern, Jr. represented



DefendantLeonard Simpson District Attorney, Sullivan County

represented by



DefendantCynthia Dunlap represented

byA. James Hailstone (See above for address) TERMINATED: 02/08/2012 ATTORNEY TO BE NOTICED

Richard R. Jennings Jennings Law Office 501 S. Main Street Athens, PA 18810 570-423-1245 Email: [email protected] TERMINATED: 03/09/2010 ATTORNEY TO BE NOTICED

Richard J. Orloski The Orloski Law Firm 111 North Cedar Crest Boulevard Allentown, PA 18104-4602 610-433-2363 Email: [email protected] ATTORNEY TO BE NOTICED

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Date Filed # Docket Text

08/20/2008 1 COMPLAINT against all defendants, filed by Cyrus R. Sanders. (Attachments: # 1 declaration, # 2 Civil Cover Sheet, # 3 transmittal letter)(lg, ) Modified on 4/14/2009 (bs, ). (Entered: 08/21/2008)

08/20/2008 2 Application/declaration in support of request to proceed ifp by Cyrus R. Sanders. (lg, ) (Entered: 08/21/2008)

08/20/2008 3 PRISONER AUTHORIZATION by Cyrus R. Sanders allowing prison to submit copy of prisoner's trust fund account to the court, and approving the entire filing fee to be deducted from prisoner inmate account. (lg, ) (Entered: 08/21/2008)

08/21/2008 4 STANDING PRACTICE ORDER (lg, ) (Entered: 08/21/2008)

08/21/2008 PRO SE LETTER ISSUED w/ Notice & Consent Form. (lg, ) (Entered: 08/21/2008)

08/21/2008 5 30 DAY ADMINISTRATIVE ORDER directing the prisoner to pay the filing fee or file Application to Proceed IFP within 30 days or case will be dismissed.Signed by Lois A. Fuller on 8/21/08. (prose, ) (Entered: 08/21/2008)

08/29/2008 6 Application by Cyrus Sanders to proceed ifp. (lg, ) (Entered: 09/02/2008)

08/29/2008 8 Letter to Court from Cyrus Sanders w/list of defendants. (lg, ) (Entered: 09/02/2008)

09/02/2008 7 ADMINISTRATIVE ORDER sent to Prison Superintendent/Warden (lg, ) (Entered: 09/02/2008)

10/10/2008 9 RECEIPT LETTER $ 10.51, receipt number 333007752 Cyrus Sanders partial FF 10/10/08 (ao, ) (Entered: 10/10/2008)

10/16/2008 10 MEMORANDUM AND ORDER re 6 Application. IT IS HEREBY ORDERED that Plaintiff's Motion to Proceed In Forma Pauperis (Doc. 6) is GRANTED. Signed by Honorable A. Richard Caputo on 10/16/08. (jam, ) (Entered: 10/16/2008)

11/12/2008 11 RECEIPT LETTER $ 7.34, receipt number 333 006035 from Pltf Sanders for filing fee on 11/12/08. (rm, ) (Entered: 11/12/2008)

01/08/2009 12 ORDER REFERRING CASE to Magistrate Judge Malachy E. Mannion; Signed by Honorable A. Richard Caputo on 1/8/09. (cw, ) (Entered: 01/09/2009)

01/22/2009 13 MOTION to Appoint Counsel by Cyrus R. Sanders.(lg, ) (Entered: 01/23/2009)

01/26/2009 14 MOTION to Amend complaint by Cyrus R. Sanders.(lg, ) (Entered: 01/27/2009)

03/13/2009 15 ORDER granting 14 pltf's Motion to Amend cmp. Pltf. must file an amd. cmp. which is complete and contains all counts agnst. all defts. in one doc. The pltf. shall have until 4/3/09 to file amd. cmp.Signed by Magistrate Judge Malachy E. Mannion on 3/13/09 (bs, ) (Entered: 03/13/2009)

03/20/2009 16 ORDER denying 13 pltf's Motion to Appoint Counsel. Signed by Magistrate Judge Malachy E. Mannion on 3/20/09 (bs, ) (Entered: 03/20/2009)

03/20/2009 17 RECEIPT LETTER $ 12.36, receipt number 333009430 Plaintiff Partial filing fee 3/20/2009 (bg, ) (Entered: 03/20/2009)

03/25/2009 18 MOTION for Extension of Time to file Amended Complaint by Cyrus R. Sanders.(lg, ) (Entered: 03/25/2009)

04/03/2009 19 ORDER granting 18 pltf's Motion for Extension of Time to Amend his complaint. Amended complaint due by 5/4/2009.Signed by Magistrate Judge Malachy E. Mannion on 4/3/09 (bs, ) (Entered: 04/03/2009)

04/03/2009 20 Letter from Cyrus Sanders to withdraw motion for extension of time and including for filing his amended petition (see next docket entry) (lg, ) (Entered: 04/03/2009)

04/03/2009 21 AMENDED COMPLAINT against Daniel J. Barrett, Jeffrey Smith, Marylou Vanderpool, John Kern, Jr, Leonard Simpson, Cynthia Dunlap, George C. Confer, Unknown Troopers, Steven Downs, Albert C. Ondrey, Francis D. Rineer, Greg Hostettler, Donald C. Peters, Bernosky, Petros, David C. Pelachick, filed by Cyrus R. Sanders.(lg, ) (Entered: 04/03/2009)

04/10/2009 22 Letter from SCI Houtzdale re: Pltf Sanders has been released. The prison has provided his forwarding address, and it has been changed on the docket. (rm, ) (Entered: 04/10/2009)

04/15/2009 23 VACATED - See order of 4/27/09 -ORDER the pltf. shall pay the remaining bal. or in the alt. filed approp. non-prisoner IFP. IFP or remainder of the filing fee due by 5/5/2009.Signed by Magistrate Judge Malachy E. Mannion on 4/15/09. (Attachments: # 1 IFP form)(bs, ) Modified on 4/27/2009 (bs, ). (Entered: 04/15/2009)

04/20/2009 24 Letter to Clerk from Cyrus Sanders including USM 285 forms per his amended complaint. (lg, ) (Entered: 04/20/2009)

04/23/2009 25 Letter from Annette Snow o/b/o Pltf Sanders, re: 4/15/09 Order. (rm, ) (Entered: 04/23/2009)

04/27/2009 26 ORDER that the clerk shall change the address of the pltf. to Clinton County Prison. The Court will VACATE 23 Order of 4/15/09. Pltf. shall provide the Court with each and every change of address.Signed by Magistrate Judge Malachy E. Mannion on 4/27/09. (bs, ) (Entered: 04/27/2009)

04/27/2009 27 AFFIDAVIT/ DECLARATION in Support of Request to Proceed IFP, per 4/15/09 23 Order, filed by Pltf Cyrus R. Sanders. (rm, ) (Entered: 04/27/2009)

05/05/2009 28 ORDER that the clerk shall prepare summons and forward to USM for service of amd. cmp. upon defts.Signed by Magistrate Judge Malachy E. Mannion on 5/1/09. (bs, ) (Entered: 05/05/2009)

05/05/2009 Summons Issued as to George C. Confer, Unknown Troopers, Steven Downs, Albert C. Ondrey, Francis D. Rineer, Greg Hostettler, Daniel J. Barrett, Jeffrey Smith, Marylou Vanderpool, John Kern, Jr, Leonard Simpson, Cynthia Dunlap, Donald C. Peters, Bernosky, Petros, David C. Pelachick and provided to USM in Wsmpt. for service on Defendant(s). (bs, ) (Entered: 05/05/2009)

05/26/2009 29 WAIVER OF SERVICE Returned by Jeffrey Smith. Jeffrey Smith waiver sent on 5/18/2009, answer due 7/17/2009. (Daley, Michael) (Entered: 05/26/2009)

05/26/2009 30 WAIVER OF SERVICE Returned by Marylou Vanderpool. Marylou Vanderpool waiver sent on 5/18/2009, answer due 7/17/2009. (Daley, Michael) (Entered: 05/26/2009)

05/27/2009 31 NOTICE of Appearance by Michael P. Daley on behalf of Jeffrey Smith, Marylou Vanderpool (Daley, Michael) (Entered: 05/27/2009)

05/29/2009 32 WAIVERS OF SERVICE Returned; Albert C. Ondrey, Greg Hostettler waivers sent on 5/18/2009, answer due 7/17/2009. (ch1) (Entered: 05/29/2009)

06/01/2009 33 NOTICE of Appearance by Michael J. Donohue on behalf of Steven Downs, Albert C. Ondrey, Francis D. Rineer, Greg Hostettler, Daniel J. Barrett, Marylou Vanderpool, Leonard Simpson, Cynthia Dunlap (Donohue, Michael) (Entered: 06/01/2009)

06/15/2009 34 NOTICE of Change of Address by Cyrus R. Sanders. (rm, ) (Entered: 06/15/2009)

06/16/2009 35 NOTICE of Appearance by M. Abbegael Giunta on behalf of George C. Confer, John Kern, Jr, Donald C. Peters, Bernosky, Petros, David C. Pelachick (Giunta, M.) (Entered: 06/16/2009)

06/19/2009 36 WAIVERS OF SERVICE Returned: Francis D. Rineer, Bernosky, Petros waivers sent on 5/18/2009, answers due 7/17/2009. (lg, ) (Entered: 06/19/2009)

06/23/2009 37 WAIVER OF SERVICE Returned: Daniel J. Barrett waiver sent on 5/18/2009, answer due 7/17/2009. (lg, ) (Entered: 06/23/2009)

06/23/2009 38 WAIVER OF SERVICE Returned: George C. Confern John Kern, Jr, Donald C. Peters, David C. Pelachick, waivers sent on 5/18/2009, answers due 7/17/2009. (lg, ) (Entered: 06/23/2009)

06/29/2009 39 NOTICE of Appearance by Richard R. Jennings on behalf of Cynthia Dunlap (Jennings, Richard) (Entered: 06/29/2009)


07/17/2009 41 MOTION to Dismiss Plaintiff's Complaint by Jeffrey Smith, Marylou Vanderpool. (Attachments: # 1 Proposed Order)(Daley, Michael) (Entered: 07/17/2009)

07/17/2009 42 BRIEF IN SUPPORT re 41 MOTION to Dismiss Plaintiff's Complaint filed by Jeffrey Smith, Marylou Vanderpool.(Daley, Michael) (Entered: 07/17/2009)

07/17/2009 43 EXHIBIT A by Jeffrey Smith, Marylou Vanderpool re 42 Brief in Support. (Daley, Michael) (Entered: 07/17/2009)

07/17/2009 44 EXHIBIT B by Jeffrey Smith, Marylou Vanderpool re 42 Brief in Support. (Daley, Michael) (Entered: 07/17/2009)

07/17/2009 45 MOTION to Dismiss Plaintiff's Amended Complaint by George C. Confer, John Kern, Jr, Donald C. Peters, Bernosky, Petros, David C. Pelachick. (Attachments: # 1 Proposed Order Granting Commonwealth Defendants' Motion to Dismiss)(Giunta, M.) (Entered: 07/17/2009)

07/22/2009 46 SCHEDULING ORDER: Discovery due by 1/19/2010. Dispositive Motions due by 2/17/2010.Signed by Magistrate Judge Malachy E. Mannion on 7/22/09. (bs, ) (Entered: 07/22/2009)

07/23/2009 47 MOTION to Dismiss Plaintiff's Complaint by Steven Downs, Albert C. Ondrey, Francis D. Rineer, Greg Hostettler, Daniel J. Barrett, Leonard Simpson. (Attachments: # 1 Order)(Donohue, Michael) (Entered: 07/23/2009)

07/29/2009 48 Letter from Pltf Sanders re: problems with receiving documents. (rm, ) (Entered: 07/29/2009)

07/31/2009 49 CERTIFICATE OF SERVICE by George C. Confer, John Kern, Jr, Donald C. Peters, Bernosky, Petros, David C. Pelachick re 45 MOTION to Dismiss Plaintiff's Amended Complaint (Giunta, M.) (Entered: 07/31/2009)

07/31/2009 50 AMENDED DOCUMENT by George C. Confer, Steven Downs, Albert C. Ondrey, Francis D. Rineer, Greg Hostettler, Daniel J. Barrett, Jeffrey Smith, John Kern, Jr, Leonard Simpson, Donald C. Peters, Bernosky, Petros, David C. Pelachick. Amendment to 47 MOTION to Dismiss Plaintiff's Complaint. (Donohue, Michael) (Entered: 07/31/2009)

07/31/2009 51 BRIEF IN SUPPORT re 47 MOTION to Dismiss Plaintiff's Complaint filed by George C. Confer, Steven Downs, Albert C. Ondrey, Francis D. Rineer, Greg Hostettler, Daniel J. Barrett, Jeffrey Smith, John Kern, Jr, Leonard Simpson, Donald C. Peters, Bernosky, Petros, David C. Pelachick.(Donohue, Michael) (Entered: 07/31/2009)

07/31/2009 52 BRIEF IN SUPPORT re 45 MOTION to Dismiss Plaintiff's Amended Complaint filed by George C. Confer, John Kern, Jr, Donald C. Peters, Bernosky, Petros, David C. Pelachick.(Giunta, M.) (Entered: 07/31/2009)

09/21/2009 53 MOTION to Dismiss Plaintiff's Amended Complaint by Cynthia Dunlap.(Jennings, Richard) (Additional attachment(s) added on 9/22/2009: # 1 Proposed Order) (bs, ). (Entered: 09/21/2009)

09/21/2009 54 BRIEF IN SUPPORT re 53 MOTION to Dismiss Plaintiff's Amended Complaint filed by Cynthia Dunlap.(Jennings, Richard) (Entered: 09/21/2009)

09/22/2009 DOCKET ANNOTATION: doc. 55 - proposed order - deleted and attached to motion. (bs, ) (Entered: 09/22/2009)

09/23/2009 55 CERTIFICATE OF SERVICE by Cynthia Dunlap re 54 Brief in Support, 53 MOTION to Dismiss Plaintiff's Amended Complaint (Jennings, Richard) (Entered: 09/23/2009)

11/06/2009 56 MOTION to Appoint Counsel by Cyrus R. Sanders.(aaa ) (Entered: 11/06/2009)

11/06/2009 57 Letter to Court dated 10/19/09 from Cyrus R. Sanders re case and requesting 1983 form. Documents forwarded on 11/6/09.(aaa ) (Entered: 11/06/2009)

11/25/2009 58 REPORT AND RECOMMENDATIONS that (1) Deft's Motions to Dismiss {41], 45 , 47 , 53 be GRANTED, and (2) 56 MOTION to Appoint Counsel be dismissed as MOOT. Objections to R&R due by 12/14/2009.Signed by Magistrate Judge Malachy E. Mannion on 11/25/09. (Attachments: # 1 Att #1, # 2 Att #2, # 3 Att #3, # 4 Att #4, # 5 Att #5, # 6 Att #6)(rm, ) (Entered: 11/25/2009)

12/07/2009 59 OBJECTION to 58 Report and Recommendations, listing 4 motions: 1)to Re-examine Mag.Judge's Recommendation to Dismiss, 2)for Supplementary Response or Brief in Opposition, 3) for Appointment of Counsel and 4) to Reopen Discovery. (rm, ) (Entered: 12/07/2009)

12/24/2009 60 REQUEST for copy of Local Rules by Cyrus R. Sanders. (ep, ) Modified on 12/29/2009 (ep, ). (Copy of Local Rules sent to Cyrus Sanders); (Entered: 12/24/2009)

01/05/2010 61 Mail Returned as Undeliverable (per Dauphin County prison, address on mailing, Inmate Released). Mail (Local Rules) sent to Cyrus R. Sanders (ep, ) (Entered: 01/05/2010)

01/11/2010 NOTICE of Change of Address (by address on letter of today's filings, by Cyrus R. Sanders, to Franklin County Prison. (rm, ) (Entered: 01/11/2010)

01/11/2010 62 RESPONSE to 58 REPORT AND RECOMMENDATIONS, filed by Cyrus R. Sanders. (rm, ) (Entered: 01/11/2010)

01/11/2010 63 MOTION to Appointment of Counsel, filed by Pltf Cyrus R. Sanders.(rm, ) (Entered: 01/11/2010)

01/11/2010 64 MOTION to Disqualify Deft's Counsel, filed by Pltf Cyrus R. Sanders.(rm, ) (Entered: 01/11/2010)

02/02/2010 65 MEMORANDUM ORDER: IT IS HEREBY ORDERED THAT Defendants shall respond to Plaintiff's Motion to Disqualify Defendants' Counsel (Doc. 64) within fifteen (15) days of the date of this Order. If Defendants fail to timely oppose this Motion or otherwise communicate with the Court, the Court may grant as unopposed the Plaintiff's Motion to Disqualify.Signed by Honorable A. Richard Caputo on 2/2/10. (jam, ) (Entered: 02/02/2010)

02/12/2010 66 Mail Returned as Undeliverable - Document #65. Mail sent to Cyrus R. Sanders, marked "Return to Sender, Not Deliverable as Addressed, Unable to Forward" (rm, ) (Entered: 02/12/2010)

02/17/2010 67 RESPONSE to Pltf's 64 MOTION to Disqualify Deft's Counsel, (per 2/2/2010 Order), filed by Defts Jeffrey Smith, Marylou Vanderpool.(Daley, Michael) (Entered: 02/17/2010)

02/18/2010 68 Supplemental Statement in support of 59 Objections to Report and Recommendations, filed by Cyrus R. Sanders. (rm, ) (Entered: 02/18/2010)

02/25/2010 69 Supplement by Cyrus R. Sanders. to 59 Objection to Report and Recommendations w/ request for docket sheet; (ep, ) Modified on 2/25/2010 (ep, ). (Entered: 02/25/2010)

02/25/2010 DOCKET ANNOTATION: Copy docket sent to Cyrus Sanders; (ep, ) (Entered: 02/25/2010)

03/09/2010 70 ***VACATED to the extent it grants Defendants' Motions to Dismiss Plaintiff's 42 U.S.C. 1983 Fourth Amendment unlawful search claims. SEE ORDER DATED 11/23/11 (Doc. 99) ***MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS, Motions terminated: 63 MOTION to Appoint Counsel filed by Cyrus R. Sanders, 47 MOTION to Dismiss Plaintiff's Complaint filed by Francis D. Rineer, Steven Downs, Daniel J. Barrett, Greg Hostettler, Albert C. Ondrey, Leonard Simpson, 56 MOTION to Appoint Counsel filed by Cyrus R. Sanders, 45 MOTION to Dismiss Plaintiff's Amended Complaint filed by Donald C. Peters, George C. Confer, John Kern, Jr., Bernosky, David C. Pelachick, Petros, 41 MOTION to Dismiss Plaintiff's Complaint filed by Marylou Vanderpool, Jeffrey Smith, 58 REPORT AND RECOMMENDATIONS re 56 MOTION to Appoint Counsel filed by Cyrus R. Sanders REPORT AND RECOMMENDATIONS re 56 MOTION to Appoint Counsel filed by Cyrus R. Sanders, 53 MOTION to Dismiss Plaintiff's Amended Complaint filed by Cynthia Dunlap, 64 MOTION to Disqualify Counsel filed by Cyrus R. Sanders., ORDER DISMISSING CASE. IT IS HEREBY ORDERED THAT: (1) Plaintiff's Motion to Disqualify Counsel (Doc. 64) is GRANTED and the firm of Griffin, Dawsey, DePaola and Jones is DISQUALIFIED from further representation of any party to this litigation. (2) The Report and Recommendation (Doc. 58) is ADOPTED. (3) Defendants Jeffrey Smith and Marylou Vanderpool's Motion to Dismiss (Doc. 41), Defendants George Confer, John Kern, Donald Peters, Bernoksy, Petros and David Pelachick's Motion to Dismiss (Doc. 45), Defendants Steven Downs, Albert Ondrey, Francis Rineer, Greg Hostettle, Daniell Barret and Leonard Simpson's Motion to Dismiss (Doc. 47), and Defendant Cynthia Dunlap's Motion to Dismiss (Doc. 53) are GRANTED. (4) Plaintiff's Amended Complaint (Doc. 21) is DISMISSED. (5) Plaintiff's Motion to Appoint Counsel (Doc. 56) and Motion to Appointment of Counsel (Doc. 63) are DENIED AS MOOT. (6) The Clerk of Court will mark this case as CLOSED. Signed by Honorable A. Richard Caputo on 3/9/10. (jam, ) Modified on 11/23/2011 (jam, ). (Entered: 03/09/2010)

03/15/2010 71 NOTICE OF APPEAL in PRISONER Case as to 70 Order Adopting Report and Recommendations and Dismissing Case, filed by Cyrus R. Sanders. Filing Fee and Docket Fee NOT PAID. Motion for IFP Granted in District Court Case, None filed for appeal. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (rm, ) (Entered: 03/15/2010)

03/19/2010 72 USCA Case Number 10-1783 for 71 Notice of Appeal, filed by Cyrus R. Sanders. USCA Case Manager Caitlyn Gillie (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Gillie, Caitlyn) (Entered: 03/19/2010)

04/08/2010 73 ORDER of USCA Granting Appellant's Motion to Proceed In Forma Pauperis as to 71 Notice of Appeal, filed by Cyrus R. Sanders (Gillie, Caitlyn) (Entered: 04/08/2010)

05/05/2010 74 REQUEST for copies of documents by Cyrus R. Sanders. (ep, ) (Entered: 05/05/2010)

05/05/2010 DOCKET ANNOTATION: Copies requested in 74 sent to Cyrus Sanders; (ep, ) (Entered: 05/05/2010)

10/25/2010 75 ORDER of USCA dismissing appeal pursuant to Fed. R. App. P. 3(a), failure to file a brief and appendix as to 71 Notice of Appeal, filed by Cyrus R. Sanders (Caitlyn, CJG) (Entered: 10/25/2010)

11/22/2010 76 USCA ORDER REINSTATING APPEAL as to 71 Notice of Appeal, filed by Cyrus R. Sanders (Caitlyn, CJG) (Entered: 11/22/2010)

02/28/2011 77 RECEIPT LETTER $ 43.48, receipt number 333 017594 from Pltf Sanders for partial filing fee on 2/28/ 2011. (rm, ) (Entered: 02/28/2011)

03/01/2011 78 RECEIPT LETTER $ 43.48, receipt number 333 017615 from Pltf Sanders for partial filing fee on 3/1/2011. (rm, ) (Entered: 03/01/2011)

03/08/2011 79 RECEIPT LETTER $ 20.00, receipt number 333 017742 from Pltf Sanders for partial filing fee on 3/8/2011. (rm, ) Modified on 3/18/2011 (lh, ). (Entered: 03/08/2011)

03/23/2011 80 JUDGMENT of USCA (certified copy) the district cour order was affirmed in part, vacated in part and remanded for further proceedings 71 Notice of Appeal, filed by Cyrus R. Sanders (Caitlyn, CJG) Modified on 11/14/2011 (kc, ). (Entered: 03/23/2011)

04/26/2011 81 MANDATE of USCA Affirming in Part and Vacating in Part the Order/Judgment of the District Court and remanding for further proceedings as to 71 Notice of Appeal, filed by Cyrus R. Sanders (Attachments: # 1 Opinion)(Gillie, Caitlyn) Modified on 11/14/2011 (kc, ). (Entered: 04/26/2011)

04/28/2011 82 MOTION to Appoint Counsel, filed by Cyrus R. Sanders.(rm, ) (Entered: 04/28/2011)

05/02/2011 83 RECEIPT LETTER $.15, receipt number 333 018415 from Pltf Sanders for partial filing fee on 5/2/2011. (rm, ) (Entered: 05/02/2011)







09/12/2011 90 RECEIPT LETTER $.12, receipt number 333 020038 from ptlf Sanders for partial filing fee on 9/12/2011. (rm, ) (Entered: 09/12/2011)


10/11/2011 92 RECEIPT LETTER $ 1.41, receipt number 333 - 020472 from Pltf Sanders for partial filing fee on 10/11/2011 (rm, ) (Entered: 10/11/2011)

10/12/2011 93 RECEIPT LETTER $ 10.64, receipt number 333 020479 from Pltf Sanders for partial filing fee on 10/12/2011 (rm, ) (Entered: 10/12/2011)

10/17/2011 94 Letter from Pltf Sanders re: request for status of case. (copy of docket sheet to Pltf Sanders from Scranton Clerk's Office, this date) (rm, ) (Entered: 10/17/2011)

11/07/2011 95 RECEIPT LETTER $ 10.64, receipt number 20851 Cyrus Sanders partial filing fee 11/07/11 (ep, ) (Entered: 11/07/2011)

11/09/2011 96 RECEIPT LETTER $ 10.64, receipt number 333 020886 from Pltf Sanders for Partial filing fee on 10/64/2011. (rm, ) (Entered: 11/09/2011)

11/21/2011 97 MOTION for Evidentiary Proceeding, Prompt Disposition of Order of Remand, and for Appointment of Counsel, filed by Cyrus R. Sanders.(rm, ) (Entered: 11/21/2011)

11/21/2011 98 NOTICE of Change of Address, filed by Cyrus R. Sanders (rm, ) (Entered: 11/21/2011)

11/23/2011 99 ORDER REFERRING CASE to Magistrate Judge Malachy E. Mannion; In accordance with the Judgment of the United States Court of Appeals for the Third Circuit dated March 22, 2011 and certified April 26, 2011, IT IS HEREBY ORDERED as follows: 1. The Court's Order dated March 9, 2010 is VACATED to the extent it grants Defendants' Motions to Dismiss Plaintiff's 42 U.S.C. 1983 Fourth Amendment unlawful search claims. 2. This matter is RECOMMITTED to the Magistrate Judge for further proceedings. Signed by Honorable A. Richard Caputo on 11/23/11. (jam, ) (Entered: 11/23/2011)

12/21/2011 100 SCHEDULING ORDER:1)Defendants John Kern, Jr. and Cynthia Dunlap shall file an answer to the amended complaint within twenty-one (21) days of this order or by January 10, 2012;(2)All discovery shall be completed by April 3, 2012; and(3)Dispositive motions, if any, shall be filed by May 2, 2012. Signed by Magistrate Judge Malachy E. Mannion on 12/21/11. (bs, ) (Entered: 12/21/2011)


01/03/2012 102 MEMORANDUM AND ORDER denying 101 pltf's Motion to Appoint Counsel. Signed by Magistrate Judge Malachy E. Mannion on 12/30/11 (bs, ) (Entered: 01/03/2012)

01/05/2012 103 Letter from Richard R. Jennings, Esquire. (Jennings, Richard) (Entered: 01/05/2012)

01/09/2012 104 ANSWER to 21 Amended Complaint, by Cynthia Dunlap.(Orloski, Richard) (Entered: 01/09/2012)

01/10/2012 105 ORDER 97 Motion for evidentiary proceeding, prompt disposition of remand and mot. for appt. of cnsl. In light of this court's orders of 12/21/11 & 1/3/12 the motion is dismissed as moot. Signed by Magistrate Judge Malachy E. Mannion on 1/10/12 (bs, ) (Entered: 01/10/2012)

01/11/2012 106 DEFENDANT JOHN KERN JR.'S ANSWER to 21 Amended Complaint, with affirmative defenses by John Kern, Jr.(Giunta, M.) (Entered: 01/11/2012)

02/08/2012 107 NOTICE of Appearance by A. James Hailstone on behalf of Daniel J. Barrett, Steven Downs, Cynthia Dunlap, Greg Hostettler, Albert C. Ondrey, Francis D. Rineer, Leonard Simpson, Marylou Vanderpool (Hailstone, A.) (Entered: 02/08/2012)

02/08/2012 108 AMENDED DOCUMENT by Daniel J. Barrett, Steven Downs, Greg Hostettler, Albert C. Ondrey, Francis D. Rineer. Amendment to 107 Attorney Appearance - Entry of Appearance. (Hailstone, A.) (Entered: 02/08/2012)

02/15/2012 109 ANSWER to 21 Amended Complaint, by Steven Downs.(Donohue, Michael) (Entered: 02/15/2012)

05/01/2012 110 MOTION for Summary Judgment by Steven Downs.(Donohue, Michael) (Entered: 05/01/2012)

05/01/2012 111 AFFIDAVIT re 110 MOTION for Summary Judgment filed by Steven Downs of Affiant Steven (sic) Stephen Downs. (Donohue, Michael) (Entered: 05/01/2012)

05/01/2012 112 BRIEF IN SUPPORT re 110 MOTION for Summary Judgment filed by Steven Downs.(Donohue, Michael) (Entered: 05/01/2012)

05/01/2012 113 STATEMENT OF FACTS re 112 Brief in Support of Motion for Summary Judgment filed by Steven Downs.(Donohue, Michael) (Entered: 05/01/2012)

05/02/2012 114 MOTION to Appoint Counsel and Motion for Ext of TIme for 30 days for 'Dispositive Motions', filed by Cyrus R. Sanders.(rm, ) (Entered: 05/02/2012)

05/02/2012 115 MOTION for Summary Judgment by John Kern, Jr. (Attachments: # 1 Proposed Order Granting Defendant Kern Summary Judgment)(Giunta, M.) (Entered: 05/02/2012)

05/02/2012 116 STATEMENT OF FACTS filed by John Kern, Jr. (Attachments: # 1 Exhibit(s) A - Declaration of John Kern, Jr., # 2 Exhibit(s) B - County Court Criminal Docket, # 3 Exhibit(s) C-Superior Court Brief of Appellant; D - Order of Superior Court, # 4 Exhibit(s) E - Order of Bradford County)(Giunta, M.) (Entered: 05/02/2012)

05/08/2012 117 ORDER the 114 Motion to Appoint Counsel is denied for the reasons stated in this court's prior order of 1/3/12. The mot. for ext. of time to file dispositive motions ios granted. The time for filing dispositive motions is ext. until 6/8/12.Signed by Magistrate Judge Malachy E. Mannion on 5/8/12 (bs, ) (Entered: 05/08/2012)

05/10/2012 118 STATEMENT OF FACTS relevant to issues of Remand, filed by Cyrus R. Sanders.(rm, ) (Entered: 05/10/2012)

05/23/2012 119 BRIEF IN OPPOSITION re 115 MOTION for Summary Judgment filed by Cyrus R. Sanders.(ep, ) (Entered: 05/23/2012)

06/08/2012 120 BRIEF IN SUPPORT re 115 MOTION for Summary Judgment filed by John Kern, Jr.(Giunta, M.) (Entered: 06/08/2012)


10/10/2012 122 ORDER On or before October 26, 2012, the plaintiff shall file a brief opposing a grant of summary judgment in favor of Defendant Dunlap. Signed by Magistrate Judge Malachy E. Mannion on 10/10/12. (bs, ) (Entered: 10/10/2012)

11/05/2012 123 REPORT AND RECOMMENDATIONS recommending that (1) The motion for summary judgment filed by Defendant Stephen Downs, (Doc. No. 110), be GRANTED;(2) The motion for summary judgment filed by Defendant John Kern, Jr., (Doc. No. 115), be GRANTED;(3)Judgment be entered, sua sponte, in favor of Defendant Cynthia Dunlap and against Plaintiff Cyrus Sanders;(4) In the alternative, Count IV of the plaintiffs amended complaint, (Doc. No. 21), be DISMISSED as it is barred by the statute of limitations. Objections to R&R due by 11/23/2012.Signed by Magistrate Judge Malachy E. Mannion on 11/5/12. (Attachments: # 1 NOTICE)(bs) (Entered: 11/05/2012)

01/07/2013 124 Letter from Pltf Sanders re: change of address and request for info on case. (Copy of docket, and documents 122 & 123 forwarded to Pltf Sanders at Somerset address from Scr clerk's office, this date) (rm) (Entered: 01/07/2013)

01/24/2013 125 ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that:(1)The Report and Recommendation (Doc. 123) is ADOPTED. (2)Defendant Stephen Downs Motion for Summary Judgment (Doc. 110) is GRANTED.(3)Defendant John Kern, Jr.s Motion for Summary Judgment (Doc. 115) is GRANTED.(4)Judgment is entered, sua sponte, in favor of Defendant Cynthia Dunlap and against Plaintiff Cyrus Sanders on Count IV of Plaintiffs Amended Complaint (Doc. 21).(5)The Clerk of Court is directed to mark the case as CLOSED.Signed by Honorable A. Richard Caputo on 1/24/13. (jam) (Entered: 01/24/2013)

03/11/2013 126 Letter from Pltf Sanders requesting additional time to respond to Rep/Rec. (rm) (Entered: 03/11/2013)

03/15/2013 127 MOTION for Rule 60(b) Relief, filed by Cyrus R. Sanders.(rm) (Entered: 03/15/2013)

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