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United States District Court Middle District of Pennsylvania (Scranton) CIVIL DOCKET FOR CASE #: 3:08-cv-01560-ARC
Sanders v. Downs et al Assigned to: Honorable A. Richard Caputo Caseinothercou Third Circuit, rt: 10-01783 Cause: 28:1331 Federal Question: Other Civil Rights Plaintiff Cyrus R. Sanders represented Cyrus R. Sanders by 076-30-067 SPECIAL MAIL - OPEN ONLY IN THE PRESENCE OF THE INMATE 1600 Walters Mill Rd. Somerset, PA 15510 PRO SE Date Filed: 08/20/2008 Date Terminated: 01/24/2013 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

V.

INMATE 1600 Walters Mill Rd. Somerset, PA 15510 PRO SE

V. Defendant Steven Downs The Bradford County District Attorney represented Michael J. Donohue by Kreder, Brooks, Hailstone & Ludwig 220 Penn Ave. Suite 200 Scranton, PA 18501 570-346-7922 Fax: 3463715 Email: mdonohue@kbhlaw.com 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: jhailstone@kbhlaw.com ATTORNEY TO BE NOTICED Defendant Albert C. Ondrey Assistant District Attorney represented Michael J. Donohue by (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED Defendant Albert C. Ondrey Assistant District Attorney represented Michael J. Donohue by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED A. James Hailstone (See above for address) ATTORNEY TO BE NOTICED Defendant Francis D. Rineer Assistant District Attorney represented Michael J. Donohue by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED A. James Hailstone (See above for address) TERMINATED: 02/08/2012 ATTORNEY TO BE NOTICED Defendant Greg Hostettler represented Michael J. Donohue Bradford County Detective by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED A. James Hailstone

NOTICED Defendant Greg Hostettler represented Michael J. Donohue Bradford County Detective by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED A. James Hailstone (See above for address) ATTORNEY TO BE NOTICED Defendant Captain Donald C. Peters represented M. Abbegael Giunta by Ofce of Attorney General 15th Floor Strawberry Square Harrisburg, PA 17120 717-787-1179 Email: mgiunta@attorneygeneral. gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J. Donohue (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Trooper Bernosky represented M. Abbegael Giunta by (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED Defendant Trooper Bernosky represented M. Abbegael Giunta by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J. Donohue (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Trooper Petros represented M. Abbegael Giunta by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J. Donohue (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant David C. Pelachick represented M. Abbegael Giunta by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J. Donohue

NOTICED Defendant David C. Pelachick represented M. Abbegael Giunta by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J. Donohue (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant George C. Confer represented M. Abbegael Giunta by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J. Donohue (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Unknown Troopers Pennsylvania State Police Defendant Daniel J. Barrett represented Michael J. Donohue District Attorney, Bradford by (See above for address) County LEAD ATTORNEY ATTORNEY TO BE

Pennsylvania State Police Defendant Daniel J. Barrett represented Michael J. Donohue District Attorney, Bradford by (See above for address) County LEAD ATTORNEY ATTORNEY TO BE NOTICED A. James Hailstone (See above for address) ATTORNEY TO BE NOTICED Defendant Jeffrey Smith Bradford County Judge represented Michael P. Daley by Supreme Court of Pennsylvania, AOPC 1515 Market Street Suite 1414 Philadelphia, PA 19102-1913 215.560.6300 Email: legaldepartment@pacourts .us LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J. Donohue (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Marylou Vanderpool represented Michael P. Daley

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Marylou Vanderpool Bradford County Court Administrator represented Michael P. Daley by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J. Donohue (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED A. James Hailstone (See above for address) TERMINATED: 02/08/2012 ATTORNEY TO BE NOTICED Defendant John Kern, Jr. represented M. Abbegael Giunta by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J. Donohue (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

NOTICED Defendant John Kern, Jr. represented M. Abbegael Giunta by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J. Donohue (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Leonard Simpson District Attorney, Sullivan County represented Michael J. Donohue by (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED A. James Hailstone (See above for address) TERMINATED: 02/08/2012 ATTORNEY TO BE NOTICED Defendant Cynthia Dunlap represented A. James Hailstone by (See above for address) TERMINATED: 02/08/2012 ATTORNEY TO BE NOTICED Richard R. Jennings

NOTICED Defendant Cynthia Dunlap represented A. James Hailstone by (See above for address) TERMINATED: 02/08/2012 ATTORNEY TO BE NOTICED Richard R. Jennings Jennings Law Ofce 501 S. Main Street Athens, PA 18810 570-423-1245 Email: attorneyrickjennings@gma il.com 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: orloski@enter.net ATTORNEY TO BE NOTICED

Date Filed 08/20/2008

Docket Text 1 COMPLAINT against all defendants, led by Cyrus R. Sanders. (Attachments: # 1 declaration, # 2 Civil Cover Sheet, # 3 transmittal letter)(lg, ) Modied on 4/14/2009 (bs, ). (Entered: 08/21/2008) 2 Application/declaration in support of request to proceed ifp by Cyrus R. Sanders. (lg, ) (Entered: 08/21/2008) 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 ling fee to be deducted from prisoner inmate account. (lg, ) (Entered: 08/21/2008) 4 STANDING PRACTICE ORDER (lg, ) (Entered: 08/21/2008) PRO SE LETTER ISSUED w/ Notice & Consent Form. (lg, ) (Entered: 08/21/2008) 5 30 DAY ADMINISTRATIVE ORDER directing the prisoner to pay the ling fee or le 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) 6 Application by Cyrus Sanders to proceed ifp. (lg, ) (Entered: 09/02/2008) 8 Letter to Court from Cyrus Sanders w/list of defendants. (lg, ) (Entered: 09/02/2008) 7 ADMINISTRATIVE ORDER sent to Prison Superintendent/Warden (lg, ) (Entered: 09/02/2008)

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08/21/2008) 08/29/2008 08/29/2008 09/02/2008 6 Application by Cyrus Sanders to proceed ifp. (lg, ) (Entered: 09/02/2008) 8 Letter to Court from Cyrus Sanders w/list of defendants. (lg, ) (Entered: 09/02/2008) 7 ADMINISTRATIVE ORDER sent to Prison Superintendent/Warden (lg, ) (Entered: 09/02/2008) 9 RECEIPT LETTER $ 10.51, receipt number 333007752 Cyrus Sanders partial FF 10/10/08 (ao, ) (Entered: 10/10/2008) 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 RECEIPT LETTER $ 7.34, receipt number 333 006035 from Pltf Sanders for ling fee on 11/12/08. (rm, ) (Entered: 11/12/2008) 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) 13 MOTION to Appoint Counsel by Cyrus R. Sanders.(lg, ) (Entered: 01/23/2009) 14 MOTION to Amend complaint by Cyrus R. Sanders.(lg, ) (Entered: 01/27/2009) 15 ORDER granting 14 pltf's Motion to Amend cmp. Pltf. must le 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 le amd. cmp.Signed by Magistrate Judge Malachy E. Mannion on 3/13/09 (bs, ) (Entered: 03/13/2009)

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Sanders.(lg, ) (Entered: 01/23/2009) 01/26/2009 03/13/2009 14 MOTION to Amend complaint by Cyrus R. Sanders.(lg, ) (Entered: 01/27/2009) 15 ORDER granting 14 pltf's Motion to Amend cmp. Pltf. must le 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 le amd. cmp.Signed by Magistrate Judge Malachy E. Mannion on 3/13/09 (bs, ) (Entered: 03/13/2009) 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) 17 RECEIPT LETTER $ 12.36, receipt number 333009430 Plaintiff Partial ling fee 3/20/2009 (bg, ) (Entered: 03/20/2009) 18 MOTION for Extension of Time to le Amended Complaint by Cyrus R. Sanders. (lg, ) (Entered: 03/25/2009) 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) 20 Letter from Cyrus Sanders to withdraw motion for extension of time and including for ling his amended petition (see next docket entry) (lg, ) (Entered: 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, led by Cyrus R. Sanders.(lg, ) (Entered:

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20 Letter from Cyrus Sanders to withdraw motion for extension of time and including for ling his amended petition (see next docket entry) (lg, ) (Entered: 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, led by Cyrus R. Sanders.(lg, ) (Entered: 04/03/2009) 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) 23 VACATED - See order of 4/27/09 -ORDER the pltf. shall pay the remaining bal. or in the alt. led approp. non-prisoner IFP. IFP or remainder of the ling fee due by 5/5/2009.Signed by Magistrate Judge Malachy E. Mannion on 4/15/09. (Attachments: # 1 IFP form)(bs, ) Modied on 4/27/2009 (bs, ). (Entered: 04/15/2009) 24 Letter to Clerk from Cyrus Sanders including USM 285 forms per his amended complaint. (lg, ) (Entered: 04/20/2009) 25 Letter from Annette Snow o/b/o Pltf Sanders, re: 4/15/09 Order. (rm, ) (Entered: 04/23/2009) 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) 27 AFFIDAVIT/ DECLARATION in Support of

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(lg, ) (Entered: 04/20/2009) 04/23/2009 04/27/2009 25 Letter from Annette Snow o/b/o Pltf Sanders, re: 4/15/09 Order. (rm, ) (Entered: 04/23/2009) 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) 27 AFFIDAVIT/ DECLARATION in Support of Request to Proceed IFP, per 4/15/09 23 Order, led by Pltf Cyrus R. Sanders. (rm, ) (Entered: 04/27/2009) 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) 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) 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) 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)

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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) 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) 31 NOTICE of Appearance by Michael P. Daley on behalf of Jeffrey Smith, Marylou Vanderpool (Daley, Michael) (Entered: 05/27/2009) 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) 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) 34 NOTICE of Change of Address by Cyrus R. Sanders. (rm, ) (Entered: 06/15/2009) 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) 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) 37 WAIVER OF SERVICE Returned: Daniel J. Barrett waiver sent on 5/18/2009, answer due 7/17/2009. (lg, ) (Entered: 06/23/2009)

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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) 37 WAIVER OF SERVICE Returned: Daniel J. Barrett waiver sent on 5/18/2009, answer due 7/17/2009. (lg, ) (Entered: 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) 39 NOTICE of Appearance by Richard R. Jennings on behalf of Cynthia Dunlap (Jennings, Richard) (Entered: 06/29/2009) 40 NOTICE of Change of Address by Cyrus R. Sanders. (rm, ) (Entered: 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) 42 BRIEF IN SUPPORT re 41 MOTION to Dismiss Plaintiff's Complaint led by Jeffrey Smith, Marylou Vanderpool.(Daley, Michael) (Entered: 07/17/2009) 43 EXHIBIT A by Jeffrey Smith, Marylou Vanderpool re 42 Brief in Support. (Daley, Michael) (Entered: 07/17/2009) 44 EXHIBIT B by Jeffrey Smith, Marylou Vanderpool re 42 Brief in Support. (Daley, Michael) (Entered: 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:

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44 EXHIBIT B by Jeffrey Smith, Marylou Vanderpool re 42 Brief in Support. (Daley, Michael) (Entered: 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) 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) 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) 48 Letter from Pltf Sanders re: problems with receiving documents. (rm, ) (Entered: 07/29/2009) 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) 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) 51 BRIEF IN SUPPORT re 47 MOTION to

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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) 51 BRIEF IN SUPPORT re 47 MOTION to Dismiss Plaintiff's Complaint led 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) 52 BRIEF IN SUPPORT re 45 MOTION to Dismiss Plaintiff's Amended Complaint led by George C. Confer, John Kern, Jr, Donald C. Peters, Bernosky, Petros, David C. Pelachick.(Giunta, M.) (Entered: 07/31/2009) 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) 54 BRIEF IN SUPPORT re 53 MOTION to Dismiss Plaintiff's Amended Complaint led by Cynthia Dunlap.(Jennings, Richard) (Entered: 09/21/2009) DOCKET ANNOTATION: doc. 55 proposed order - deleted and attached to motion. (bs, ) (Entered: 09/22/2009) 55 CERTIFICATE OF SERVICE by Cynthia

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54 BRIEF IN SUPPORT re 53 MOTION to Dismiss Plaintiff's Amended Complaint led by Cynthia Dunlap.(Jennings, Richard) (Entered: 09/21/2009) DOCKET ANNOTATION: doc. 55 proposed order - deleted and attached to motion. (bs, ) (Entered: 09/22/2009) 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) 56 MOTION to Appoint Counsel by Cyrus R. Sanders.(aaa ) (Entered: 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) 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) 59 OBJECTION to 58 Report and Recommendations, listing 4 motions: 1)to Reexamine 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) 60 REQUEST for copy of Local Rules by Cyrus R. Sanders. (ep, ) Modied on 12/29/2009 (ep, ). (Copy of Local Rules sent to Cyrus Sanders); (Entered: 12/24/2009)

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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, ) Modied on 12/29/2009 (ep, ). (Copy of Local Rules sent to Cyrus Sanders); (Entered: 12/24/2009) 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) NOTICE of Change of Address (by address on letter of today's lings, by Cyrus R. Sanders, to Franklin County Prison. (rm, ) (Entered: 01/11/2010) 62 RESPONSE to 58 REPORT AND RECOMMENDATIONS, led by Cyrus R. Sanders. (rm, ) (Entered: 01/11/2010) 63 MOTION to Appointment of Counsel, led by Pltf Cyrus R. Sanders.(rm, ) (Entered: 01/11/2010) 64 MOTION to Disqualify Deft's Counsel, led by Pltf Cyrus R. Sanders.(rm, ) (Entered: 01/11/2010) 65 MEMORANDUM ORDER: IT IS HEREBY ORDERED THAT Defendants shall respond to Plaintiff's Motion to Disqualify Defendants' Counsel (Doc. 64) within fteen (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) 66 Mail Returned as Undeliverable - Document

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64 MOTION to Disqualify Deft's Counsel, led by Pltf Cyrus R. Sanders.(rm, ) (Entered: 01/11/2010) 65 MEMORANDUM ORDER: IT IS HEREBY ORDERED THAT Defendants shall respond to Plaintiff's Motion to Disqualify Defendants' Counsel (Doc. 64) within fteen (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) 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) 67 RESPONSE to Pltf's 64 MOTION to Disqualify Deft's Counsel, (per 2/2/2010 Order), led by Defts Jeffrey Smith, Marylou Vanderpool.(Daley, Michael) (Entered: 02/17/2010) 68 Supplemental Statement in support of 59 Objections to Report and Recommendations, led by Cyrus R. Sanders. (rm, ) (Entered: 02/18/2010) 69 Supplement by Cyrus R. Sanders. to 59 Objection to Report and Recommendations w/ request for docket sheet; (ep, ) Modied on 2/25/2010 (ep, ). (Entered: 02/25/2010) DOCKET ANNOTATION: Copy docket sent to Cyrus Sanders; (ep, ) (Entered: 02/25/2010) 70 ***VACATED to the extent it grants Defendants' Motions to Dismiss Plaintiff's 42 U.S.C. 1983 Fourth Amendment unlawful

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69 Supplement by Cyrus R. Sanders. to 59 Objection to Report and Recommendations w/ request for docket sheet; (ep, ) Modied on 2/25/2010 (ep, ). (Entered: 02/25/2010) DOCKET ANNOTATION: Copy docket sent to Cyrus Sanders; (ep, ) (Entered: 02/25/2010) 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 led by Cyrus R. Sanders, 47 MOTION to Dismiss Plaintiff's Complaint led by Francis D. Rineer, Steven Downs, Daniel J. Barrett, Greg Hostettler, Albert C. Ondrey, Leonard Simpson, 56 MOTION to Appoint Counsel led by Cyrus R. Sanders, 45 MOTION to Dismiss Plaintiff's Amended Complaint led by Donald C. Peters, George C. Confer, John Kern, Jr., Bernosky, David C. Pelachick, Petros, 41 MOTION to Dismiss Plaintiff's Complaint led by Marylou Vanderpool, Jeffrey Smith, 58 REPORT AND RECOMMENDATIONS re 56 MOTION to Appoint Counsel led by Cyrus R. Sanders REPORT AND RECOMMENDATIONS re 56 MOTION to Appoint Counsel led by Cyrus R. Sanders, 53 MOTION to Dismiss Plaintiff's Amended Complaint led by Cynthia Dunlap, 64 MOTION to Disqualify Counsel led 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 rm of Grifn, Dawsey, DePaola and Jones is DISQUALIFIED from further representation of any party to this litigation. (2) The Report and Recommendation (Doc. 58) is

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Counsel led 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 rm of Grifn, 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, ) Modied 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, led by Cyrus R. Sanders. Filing Fee and Docket Fee NOT PAID. Motion for IFP Granted in District Court Case, None led for appeal. The Clerk's Ofce hereby certies the record and the docket sheet available through ECF to be the certied list in lieu of the record and/or the certied copy of the docket entries. (rm, ) (Entered: 03/15/2010) 72 USCA Case Number 10-1783 for 71 Notice of Appeal, led by Cyrus R. Sanders. USCA Case Manager Caitlyn Gillie (DOCUMENT

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Clerk of Court will mark this case as CLOSED. Signed by Honorable A. Richard Caputo on 3/9/10. (jam, ) Modied 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, led by Cyrus R. Sanders. Filing Fee and Docket Fee NOT PAID. Motion for IFP Granted in District Court Case, None led for appeal. The Clerk's Ofce hereby certies the record and the docket sheet available through ECF to be the certied list in lieu of the record and/or the certied copy of the docket entries. (rm, ) (Entered: 03/15/2010) 72 USCA Case Number 10-1783 for 71 Notice of Appeal, led 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) 73 ORDER of USCA Granting Appellant's Motion to Proceed In Forma Pauperis as to 71 Notice of Appeal, led by Cyrus R. Sanders (Gillie, Caitlyn) (Entered: 04/08/2010) 74 REQUEST for copies of documents by Cyrus R. Sanders. (ep, ) (Entered: 05/05/2010) DOCKET ANNOTATION: Copies requested in 74 sent to Cyrus Sanders; (ep, ) (Entered: 05/05/2010) 75 ORDER of USCA dismissing appeal pursuant to Fed. R. App. P. 3(a), failure to le a brief and appendix as to 71 Notice of Appeal, led by Cyrus R. Sanders (Caitlyn, CJG) (Entered: 10/25/2010) 76 USCA ORDER REINSTATING APPEAL as to 71 Notice of Appeal, led by Cyrus R. Sanders (Caitlyn, CJG) (Entered: 11/22/2010)

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DOCKET ANNOTATION: Copies requested in 74 sent to Cyrus Sanders; (ep, ) (Entered: 05/05/2010) 75 ORDER of USCA dismissing appeal pursuant to Fed. R. App. P. 3(a), failure to le a brief and appendix as to 71 Notice of Appeal, led by Cyrus R. Sanders (Caitlyn, CJG) (Entered: 10/25/2010) 76 USCA ORDER REINSTATING APPEAL as to 71 Notice of Appeal, led by Cyrus R. Sanders (Caitlyn, CJG) (Entered: 11/22/2010) 77 RECEIPT LETTER $ 43.48, receipt number 333 017594 from Pltf Sanders for partial ling fee on 2/28/ 2011. (rm, ) (Entered: 02/28/2011) 78 RECEIPT LETTER $ 43.48, receipt number 333 017615 from Pltf Sanders for partial ling fee on 3/1/2011. (rm, ) (Entered: 03/01/2011) 79 RECEIPT LETTER $ 20.00, receipt number 333 017742 from Pltf Sanders for partial ling fee on 3/8/2011. (rm, ) Modied on 3/18/2011 (lh, ). (Entered: 03/08/2011) 80 JUDGMENT of USCA (certied copy) the district cour order was afrmed in part, vacated in part and remanded for further proceedings 71 Notice of Appeal, led by Cyrus R. Sanders (Caitlyn, CJG) Modied on 11/14/2011 (kc, ). (Entered: 03/23/2011) 81 MANDATE of USCA Afrming in Part and Vacating in Part the Order/Judgment of the District Court and remanding for further proceedings as to 71 Notice of Appeal, led by Cyrus R. Sanders (Attachments: # 1 Opinion) (Gillie, Caitlyn) Modied on 11/14/2011 (kc, ). (Entered: 04/26/2011) 82 MOTION to Appoint Counsel, led by Cyrus R. Sanders.(rm, ) (Entered: 04/28/2011)

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in part and remanded for further proceedings 71 Notice of Appeal, led by Cyrus R. Sanders (Caitlyn, CJG) Modied on 11/14/2011 (kc, ). (Entered: 03/23/2011) 04/26/2011 81 MANDATE of USCA Afrming in Part and Vacating in Part the Order/Judgment of the District Court and remanding for further proceedings as to 71 Notice of Appeal, led by Cyrus R. Sanders (Attachments: # 1 Opinion) (Gillie, Caitlyn) Modied on 11/14/2011 (kc, ). (Entered: 04/26/2011) 82 MOTION to Appoint Counsel, led by Cyrus R. Sanders.(rm, ) (Entered: 04/28/2011) 83 RECEIPT LETTER $.15, receipt number 333 018415 from Pltf Sanders for partial ling fee on 5/2/2011. (rm, ) (Entered: 05/02/2011) 84 RECEIPT LETTER $ 1.05, receipt number 333 018518 from Pltf Sanders for partial ling fee on 5/9/2011. (rm, ) (Entered: 05/09/2011) 85 RECEIPT LETTER $ 1.05, receipt number 333 018567 from Pltf Sanders for partial ling fee on 5/10/2011. (rm, ) (Entered: 05/10/2011) 86 RECEIPT LETTER $ 5.86, receipt number 333 018877 from Pltf Sanders for partial ling fee on 6/7/2011. (rm, ) (Entered: 06/07/2011) 87 RECEIPT LETTER $ 14.64, receipt number 333 018860 from Pltf Sanders for partial ling fee on 6/7/2011. (rm, ) (Entered: 06/07/2011) 88 RECEIPT LETTER $ 6.05, receipt number 333 019324 from Pltf Sanders for partial ling fee on 6/12/2011. (rm, ) (Entered: 07/12/2011) 89 RECEIPT LETTER $ 5.71, receipt number 333 019638 from Pltf Sanders for partial ling fee on 8/8/2011. (rm, ) (Entered: 08/08/2011) 90 RECEIPT LETTER $.12, receipt number 333 020038 from ptlf Sanders for partial ling fee

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88 RECEIPT LETTER $ 6.05, receipt number 333 019324 from Pltf Sanders for partial ling fee on 6/12/2011. (rm, ) (Entered: 07/12/2011) 89 RECEIPT LETTER $ 5.71, receipt number 333 019638 from Pltf Sanders for partial ling fee on 8/8/2011. (rm, ) (Entered: 08/08/2011) 90 RECEIPT LETTER $.12, receipt number 333 020038 from ptlf Sanders for partial ling fee on 9/12/2011. (rm, ) (Entered: 09/12/2011) 91 RECEIPT LETTER $ 10.12, receipt number 333 020087 from Pltf Sanders for partial ling fee on 9/13/2011. (rm, ) (Entered: 09/13/2011) 92 RECEIPT LETTER $ 1.41, receipt number 333 - 020472 from Pltf Sanders for partial ling fee on 10/11/2011 (rm, ) (Entered: 10/11/2011) 93 RECEIPT LETTER $ 10.64, receipt number 333 020479 from Pltf Sanders for partial ling fee on 10/12/2011 (rm, ) (Entered: 10/12/2011) 94 Letter from Pltf Sanders re: request for status of case. (copy of docket sheet to Pltf Sanders from Scranton Clerk's Ofce, this date) (rm, ) (Entered: 10/17/2011) 95 RECEIPT LETTER $ 10.64, receipt number 20851 Cyrus Sanders partial ling fee 11/07/11 (ep, ) (Entered: 11/07/2011) 96 RECEIPT LETTER $ 10.64, receipt number 333 020886 from Pltf Sanders for Partial ling fee on 10/64/2011. (rm, ) (Entered: 11/09/2011) 97 MOTION for Evidentiary Proceeding, Prompt Disposition of Order of Remand, and for Appointment of Counsel, led by Cyrus R. Sanders.(rm, ) (Entered: 11/21/2011) 98 NOTICE of Change of Address, led by

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96 RECEIPT LETTER $ 10.64, receipt number 333 020886 from Pltf Sanders for Partial ling fee on 10/64/2011. (rm, ) (Entered: 11/09/2011) 97 MOTION for Evidentiary Proceeding, Prompt Disposition of Order of Remand, and for Appointment of Counsel, led by Cyrus R. Sanders.(rm, ) (Entered: 11/21/2011) 98 NOTICE of Change of Address, led by Cyrus R. Sanders (rm, ) (Entered: 11/21/2011) 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 certied 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) 100 SCHEDULING ORDER:1)Defendants John Kern, Jr. and Cynthia Dunlap shall le 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 led by May 2, 2012. Signed by Magistrate Judge Malachy E. Mannion on 12/21/11. (bs, ) (Entered: 12/21/2011) 101 MOTION to Appoint Counsel, led by Cyrus R. Sanders.(rm, ) (Entered: 12/28/2011) 102 MEMORANDUM AND ORDER denying 101 pltf's Motion to Appoint Counsel. Signed

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motions, if any, shall be led by May 2, 2012. Signed by Magistrate Judge Malachy E. Mannion on 12/21/11. (bs, ) (Entered: 12/21/2011) 12/28/2011 01/03/2012 101 MOTION to Appoint Counsel, led by Cyrus R. Sanders.(rm, ) (Entered: 12/28/2011) 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) 103 Letter from Richard R. Jennings, Esquire. (Jennings, Richard) (Entered: 01/05/2012) 104 ANSWER to 21 Amended Complaint, by Cynthia Dunlap.(Orloski, Richard) (Entered: 01/09/2012) 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) 106 DEFENDANT JOHN KERN JR.'S ANSWER to 21 Amended Complaint, with afrmative defenses by John Kern, Jr.(Giunta, M.) (Entered: 01/11/2012) 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) 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:

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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) 109 ANSWER to 21 Amended Complaint, by Steven Downs.(Donohue, Michael) (Entered: 02/15/2012) 110 MOTION for Summary Judgment by Steven Downs.(Donohue, Michael) (Entered: 05/01/2012) 111 AFFIDAVIT re 110 MOTION for Summary Judgment led by Steven Downs of Afant Steven (sic) Stephen Downs. (Donohue, Michael) (Entered: 05/01/2012) 112 BRIEF IN SUPPORT re 110 MOTION for Summary Judgment led by Steven Downs. (Donohue, Michael) (Entered: 05/01/2012) 113 STATEMENT OF FACTS re 112 Brief in Support of Motion for Summary Judgment led by Steven Downs.(Donohue, Michael) (Entered: 05/01/2012) 114 MOTION to Appoint Counsel and Motion for Ext of TIme for 30 days for 'Dispositive Motions', led by Cyrus R. Sanders.(rm, ) (Entered: 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) 116 STATEMENT OF FACTS led by John Kern, Jr. (Attachments: # 1 Exhibit(s) A -

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114 MOTION to Appoint Counsel and Motion for Ext of TIme for 30 days for 'Dispositive Motions', led by Cyrus R. Sanders.(rm, ) (Entered: 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) 116 STATEMENT OF FACTS led 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) 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 le dispositive motions ios granted. The time for ling dispositive motions is ext. until 6/8/12.Signed by Magistrate Judge Malachy E. Mannion on 5/8/12 (bs, ) (Entered: 05/08/2012) 118 STATEMENT OF FACTS relevant to issues of Remand, led by Cyrus R. Sanders.(rm, ) (Entered: 05/10/2012) 119 BRIEF IN OPPOSITION re 115 MOTION for Summary Judgment led by Cyrus R. Sanders.(ep, ) (Entered: 05/23/2012) 120 BRIEF IN SUPPORT re 115 MOTION for Summary Judgment led by John Kern, Jr. (Giunta, M.) (Entered: 06/08/2012) 121 NOTICE of Change of Address by Cyrus R. Sanders. (rm, ) (Entered: 09/26/2012) 122 ORDER On or before October 26, 2012, the plaintiff shall le a brief opposing a grant of

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120 BRIEF IN SUPPORT re 115 MOTION for Summary Judgment led by John Kern, Jr. (Giunta, M.) (Entered: 06/08/2012) 121 NOTICE of Change of Address by Cyrus R. Sanders. (rm, ) (Entered: 09/26/2012) 122 ORDER On or before October 26, 2012, the plaintiff shall le 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) 123 REPORT AND RECOMMENDATIONS recommending that (1) The motion for summary judgment led by Defendant Stephen Downs, (Doc. No. 110), be GRANTED;(2) The motion for summary judgment led 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) 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 ofce, this date) (rm) (Entered: 01/07/2013) 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

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and request for info on case. (Copy of docket, and documents 122 & 123 forwarded to Pltf Sanders at Somerset address from Scr clerk's ofce, 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) 126 Letter from Pltf Sanders requesting additional time to respond to Rep/Rec. (rm) (Entered: 03/11/2013) 127 MOTION for Rule 60(b) Relief, led by Cyrus R. Sanders.(rm) (Entered: 03/15/2013)

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