Case: Porter v. Pennsylvania Department of Corrections

Porter v. Penn. Dep't of Corrections

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Third Circuit

MOTION for Leave to Proceed in forma pauperis by ERNEST PORTER. (Attachments: # 1 Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Envelope) (jv) (Entered: 06/12/2017)

DEFICIENCY ORDER. Clerk is to mark CASE CLOSED. Signed by Chief Magistrate Judge Maureen P. Kelly on 06/14/17. A copy of this Order and the necessary blank forms will be mailed to Plaintiff this day, 06/14/17. (eca) (Entered: 06/14/2017)

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ERNEST PORTER. (Attachments: # 1 Envelope) (jv) (Entered: 06/14/2017)

MOTION for Leave to Proceed in forma pauperis by ERNEST PORTER. (Attachments: # 1 Exhibit, # 2 Envelope) (jv) (Entered: 06/29/2017)

Authorization permitting withdrawal of prison account funds to pay filing fee by ERNEST PORTER. (Attachments: # 1 Envelope) (jv) (Entered: 06/29/2017)

MOTION for Preliminary Injunction by ERNEST PORTER. (Attachments: # 1 Envelope) (jv) (Entered: 06/29/2017)

1 Envelope

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BRIEF in Support re 6 Motion for Preliminary Injunction filed by ERNEST PORTER. (Attachments: # 1 Envelope) (jv) (Entered: 06/29/2017)

ORDER GRANTING 4 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to file the complaint. Signed by Chief Magistrate Judge Maureen P. Kelly on 07/05/17. A copy of this Order will be mailed to Plaintiff and Inmate Accounting this day, 07/05/17. (eca) (Entered: 07/05/2017)

COMPLAINT against JOHN/JANE DOE'S, ROBERT GILMORE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL, filed by ERNEST PORTER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Envelope) (jv) (Entered: 07/06/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Envelope

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SERVICE ORDER. The United States Marshal shall serve a copy of the complaint, notice and request for waiver of service of summons, waiver of service of summons, and this Order to each defendant, as directed by plaintiff. Costs of service shall be borne by the United States. Signed by Chief Magistrate Judge Maureen P. Kelly on 07/06/17. A copy of this Order will be mailed to Plaintiff this day, 07/06/17. Service copies will be forwarded to U S Marshal this day, 07/06/17. (eca) (Entered: 07/06/2017)

US Marshal's Return as to Robert Gilmore that an Order, Complaint, Notice and Waiver were mailed per court order on 7/1/2017 by U.S Marshal service. (jv) (Entered: 07/10/2017)

Order on Motion for Preliminary Injunction

ORDER denying 6 Motion for Preliminary Injunction without prejudice to re-file following service of all Defendants. Furthermore, notice is given that following service of all Defendants, the Court will schedule a video conference with Plaintiff and counsel for Defendants to address the issues raised in the Complaint and the Motion for Preliminary Injunction. Signed by Chief Magistrate Judge Maureen P. Kelly on 7/12/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. [A copy of this Text Order was mailed to Plaintiff on this date at his address of record]. (bb) (Entered: 07/12/2017)

MOTION for Preliminary Injunction by ERNEST PORTER. (Attachments: # 1 Envelope) (jv) (Entered: 08/08/2017)

BRIEF in Support re 13 Motion for Preliminary Injunction filed by ERNEST PORTER. (Attachments: # 1 Envelope) (jv) (Entered: 08/08/2017)

NOTICE of Appearance by Scott A. Bradley on behalf of ROBERT GILMORE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Bradley, Scott) (Entered: 08/08/2017)

WAIVER OF SERVICE Returned Executed by ROBERT GILMORE, JOHN E. WETZEL, PENNSYLVANIA DEPARTMENT OF CORRECTIONS. ROBERT GILMORE waiver sent on 7/10/2017, answer due 9/8/2017; JOHN E. WETZEL waiver sent on 7/10/2017, answer due 9/8/2017; PENNSYLVANIA DEPARTMENT OF CORRECTIONS waiver sent on 7/10/2017, answer due 9/8/2017. (Bradley, Scott) (Entered: 08/08/2017)

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ROBERT GILMORE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Bradley, Scott) (Entered: 08/08/2017)

ORDER OF COURT. Plaintiff is directed to file a supplement of additional information re: John/Jane Does no later than 08/31/17. Failure to provide this information to the fullest extent possible may result in the dismissal of John/Jane Does. Signed by Chief Magistrate Judge Maureen P. Kelly on 08/10/17. A copy of this Order will be mailed to Plaintiff this day, 08/10/17. (eca) (Entered: 08/10/2017)

Order

ORDER directing Defendants to respond to Plaintiff's Motion for Preliminary Injunction, ECF No. 13, by September 5, 2017. A copy of this order will be mailed to Plaintiff at his address of record. Signed by Magistrate Judge Maureen P. Kelly on 8/22/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen) (Entered: 08/22/2017)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $11.00, receipt number 24668045667. (kly) (Entered: 08/24/2017)

RESPONSE to Motion re 13 MOTION for Preliminary Injunction filed by ROBERT GILMORE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Attachments: # 1 Exhibit Nos. 1-6) (Bradley, Scott) (Entered: 09/05/2017)

Order to Show Cause

ORDER TO SHOW CAUSE. Plaintiff is Ordered to show cause why Defendants John/Jane Does should not be dismissed for his failure to file a supplement of additional information as So Ordered on 08/10/17. ECF No. 18. Plaintiff's Show Cause Response due no later than 09/29/17. Failure to show cause by 09/29/17 will result in the dismissal of the Doe Defendants. Signed by Chief Magistrate Judge Maureen P. Kelly on 09/08/17. A copy of this Order will be mailed to Plaintiff this day, 09/08/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 09/08/2017)

ANSWER to 9 Complaint, by ROBERT GILMORE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Bradley, Scott) (Entered: 09/08/2017)

CASE MANAGEMENT ORDER. Discovery due by 12/12/2017. Plaintiff Pretrial Statement due by 1/12/2018. Defendant Pretrial Statement or Summary Judgment due by 2/12/2018. Signed by Chief Magistrate Judge Maureen P. Kelly on 09/12/17. A copy of this Order will be mailed to Plaintiff this day, 09/12/17. (eca) (Entered: 09/12/2017)

MEMORANDUM ORDER denying 13 Motion for Preliminary Injunction. Signed by Chief Magistrate Judge Maureen P. Kelly on 9/15/17. [A copy of this Memorandum Order was mailed to Plaintiff on this date at his address od record]. (bb) (Entered: 09/15/2017)

MOTION to Extend Time to to obtain legal counsel and file a reply brief opposing "Corrections" 21 RESPONSE to Motion re 13 MOTION for Preliminary Injunction filed by ERNEST PORTER. (Attachments: # 1 Supplement, # 2 Envelope) (jv) (Entered: 09/18/2017)

Order on Motion to Extend Time

ORDER DENYING AS MOOT 26 Motion to Extend Time to File a Reply to 21 Defendant's Response to 13 Plaintiff's Motion for Preliminary Injunction as Plaintiff's Motion for Preliminary Injunction has already been ruled upon. See ECF No. 25 . Signed by Chief Magistrate Judge Maureen P. Kelly on 9/20/17. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. [A copy of this Text Order was mailed to Plaintiff on this date at his address of record]. (bb) Modified on 9/21/2017. (eca) (Entered: 09/20/2017)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $11.44, receipt number 24668046156. (kly) (Entered: 09/22/2017)

NOTICE of Appearance by Bret Grote on behalf of ERNEST PORTER. (Grote, Bret) (Entered: 09/22/2017)

MOTION for attorney Jamelia Morgan to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4473194) by ERNEST PORTER. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Grote, Bret) (Entered: 09/25/2017)

ORDER GRANTING 30 Motion for Jamelia N. Morgan to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Maureen P. Kelly on 09/25/17. (eca) (Entered: 09/26/2017)

ORDER OF COURT. Plaintiff having failed to respond to Orders of Court as outlined herein, Defendant JOHN/JANE DOE'S is DISMISSED. Signed by Chief Magistrate Judge Maureen P. Kelly on 10/13/17. (eca) (Entered: 10/13/2017)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $16.58, receipt number 24668046652. (kly) (Entered: 10/25/2017)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $11.30, receipt number 24668047199. (kly) (Entered: 11/27/2017)

MOTION for Extension of Time to Complete Discovery by ERNEST PORTER. (Attachments: # 1 Proposed Order) (Morgan, Jamelia) (Entered: 12/07/2017)

ORDER GRANTING 35 Motion for Extension of Time to Complete Discovery. Discovery due by 3/2/2018. Post-Discovery Status Conference set for 3/6/2018 at 9:00 AM before Chief Magistrate Judge Maureen P. Kelly. Signed by Chief Magistrate Judge Maureen P. Kelly on 12/08/17. (eca) (Entered: 12/08/2017)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $11.51, receipt number 24668047559. (jmt) (Entered: 12/19/2017)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $20.37, receipt number 24668048046. (gmp) (Entered: 01/18/2018)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $16.44, receipt number 24668048477. (jmt) (Entered: 02/15/2018)

Minute Entry for proceedings held before Chief Magistrate Judge Maureen P. Kelly: Post-Discovery Status Conference held on 3/6/2018. (Court Reporter: None) (eca) (Entered: 03/06/2018)

EXPERT DISCOVERY SCHEDULING ORDER. Plaintiff Expert Reports due by 4/6/2018; Defendants' Expert Reports due by 5/7/2018; Expert Depositions to be completed by 6/1/2018. Telephone Status Conference set for 6/5/2018 at 8:45 AM before Chief Magistrate Judge Maureen P. Kelly. Signed by Chief Magistrate Judge Maureen P. Kelly on 03/06/18. (eca) (Entered: 03/06/2018)

ORDER REFERRING CASE to Mediation. Kenneth Benson is appointed as mediator. Mediation to be concluded by 06/01/18. Signed by Chief Magistrate Judge Maureen P. Kelly on 03/06/18. (eca) (Entered: 03/06/2018)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $11.51, receipt number 24668049097. (kly) (Entered: 03/22/2018)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $16.22, receipt number 24668049591. (kly) (Entered: 04/23/2018)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $16.51, receipt number 24668050084. (kly) (Entered: 05/24/2018)

Minute Entry for proceedings held before Chief Magistrate Judge Maureen P. Kelly: Telephone Status Conference held on 6/5/2018. (Court Reporter: None) (eca) (Entered: 06/05/2018)

SUMMARY JUDGMENT SCHEDULING ORDER. Summary Judgment due by 7/9/2018; Response to Summary Judgment due by 8/10/2018; Reply brief due by 8/17/2018. Joint Stipulation of Undisputed Facts due by 7/9/2018. Signed by Chief Magistrate Judge Maureen P. Kelly on 06/05/18. (eca) (Entered: 06/05/2018)

Joint MOTION to Extend Time to 9/5/2018 by ERNEST PORTER. (Attachments: # 1 Proposed Order) (Morgan, Jamelia) (Entered: 06/19/2018)

Notice of Initial ADR Conference by ERNEST PORTER. Initial ADR Conference Date September 5, 2018 at 10 AM at The Office of the Attorney General, 1251 Waterfront Place, Mezzanine Level, Pittsburgh, PA 15222 (Morgan, Jamelia) (Entered: 06/19/2018)

ORDER granting 48 Joint Motion to Extend Time to Complete ADR. The deadline is extended to 9/6/18. Signed by Magistrate Judge Maureen P. Kelly on 6/20/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Kelly, Maureen) (Entered: 06/20/2018)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $11.51, receipt number 24668050597. (nll) (Entered: 06/22/2018)

MOTION for Summary Judgment by ROBERT GILMORE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Attachments: # 1 Proposed Order) (Bradley, Scott) (Entered: 07/09/2018)

BRIEF in Support re 52 Motion for Summary Judgment filed by ROBERT GILMORE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Bradley, Scott) (Entered: 07/09/2018)

MOTION for Summary Judgment by ERNEST PORTER. (Attachments: # 1 Proposed Order) (Grote, Bret) (Entered: 07/09/2018)

Joint CONCISE STATEMENT OF MATERIAL FACTS by ERNEST PORTER. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Grote, Bret) (Entered: 07/09/2018)

1 Exhibit

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2 Exhibit

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3 Exhibit

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BRIEF in Support re 54 Motion for Summary Judgment filed by ERNEST PORTER. (Grote, Bret) (Entered: 07/09/2018)

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 53 Brief in Support of Motion. ERROR: Incorrect title on document attached. CORRECTION: Attorney advised to refile the document, using the *ERRATA* event (Located under "Other Document in the electronic filing system) and attach the correct document. Attorney also advised to link ERRATA event to 53 Brief in Support of Motion. This message is for informational purposes only. (jv) (Entered: 07/10/2018)

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 53 Brief in Support of Motion. ERROR: Incorrect title on document attached. CORRECTION: Attorney advised to refile the document, using the *ERRATA* event (Located under "Other Document in the electronic filing system) and attach the correct document. Attorney also advised to link ERRATA event to 53 Brief in Support of Motion. This message is for informational purposes only. (jv)

Quality Control message - Incorrect document attached

Partial Payment of Filing Fee by ERNEST PORTER. Fee $41.58, receipt number 24668051002. (kly) (Entered: 07/20/2018)

REPORT of Mediation: Case has not been resolved. KENNETH BENSON terminated. Attorney Kenneth J. Benson terminated. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 7/27/2018. (Benson, Kenneth) (Entered: 07/31/2018)

RESPONSE to Motion re 54 MOTION for Summary Judgment filed by ROBERT GILMORE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Bradley, Scott) (Entered: 08/03/2018)

BRIEF in Opposition re 52 Motion for Summary Judgment filed by ERNEST PORTER. (Morgan, Jamelia) (Entered: 08/10/2018)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $14.51, receipt number 24668051484. (caa) (Entered: 08/14/2018)

BRIEF in Support re 54 Motion for Summary Judgment filed by ERNEST PORTER. (Morgan, Jamelia) (Entered: 08/16/2018)

ORDER OF COURT. A Status Conference will be held 9/20/2018 at 8:30 AM before Chief Magistrate Judge Maureen P. Kelly. Signed by Chief Magistrate Judge Maureen P. Kelly on 09/04/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) (Entered: 09/04/2018)

MOTION for Co-Counsel to Participate via Telephone by ERNEST PORTER. (Morgan, Jamelia) (Entered: 09/19/2018)

ORDER GRANTING 64 Motion for Co-Counsel to Participate via Telephone. Signed by Chief Magistrate Judge Maureen P. Kelly on 09/19/18. (eca) (Entered: 09/19/2018)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $11.51, receipt number 24668052069. (av) (Entered: 09/26/2018)

Minute Entry for proceedings held before Chief Magistrate Judge Maureen P. Kelly: Status Conference held on 9/20/2018. (Court Reporter: None) (eca) (Entered: 09/20/2018)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $16.66, receipt number 24668052708. (kly) (Entered: 11/08/2018)

OPINION AND ORDER granting 52 Motion for Summary Judgment; denying 54 Motion for Summary Judgment. Signed by Magistrate Judge Maureen P. Kelly on 11/8/2018. (ndf) (Entered: 11/08/2018)

JUDGMENT pursuant to Rule 58 entered in favor of Defendants Pennsylvania Department of Corrections, John E. Wetzel, and Robert Gilmore, and against Plaintiff Ernest Porter Signed by Magistrate Judge Maureen P. Kelly on 11/8/2018. (ndf) (Entered: 11/08/2018)

NOTICE OF APPEAL as to 69 Order on Motion for Summary Judgment, 70 JUDGMENT pursuant to Rule 58 entered in favor of Defendants by ERNEST PORTER. Filing fee $505, receipt number 0315-4929288. 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. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Grote, Bret) (Entered: 11/09/2018)

USCA Case Number 18-3505 for 71 Notice of Appeal,, filed by ERNEST PORTER. USCA Case Manager Marianne (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (mb3) (Entered: 11/14/2018)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $11.37, receipt number 24668053234. (av) (Entered: 11/28/2018)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $11.58, receipt number 24668053730. (kly) (Entered: 12/26/2018)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $26.37, receipt number 24668054261. (gmt) (Entered: 02/01/2019)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $11.44, receipt number 24668054767. (gmt) (Entered: 02/22/2019)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $17.00, receipt number 24668055344. (gmt) (Entered: 03/28/2019)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $11.28, receipt number 24668055851. (gmt) (Entered: 05/14/2019)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $14.39, receipt number 24668056417. (gmt) (Entered: 06/05/2019)

Partial Payment of Filing Fee by ERNEST PORTER. Fee $7.92, receipt number 24668056877. (gmt) (Entered: 07/03/2019)

JUDGMENT OF USCA as to 71 Notice of Appeal,, filed by ERNEST PORTER affirmed in part, reversed and remanded in part judgment of the district court dated November 8, 2018. Mandate will follow. (mb3) (Entered: 09/01/2020)

MANDATE of USCA as to 71 Notice of Appeal, filed by ERNEST PORTER Affirmed in part and reversed and remanded. (Attachments: # 1 Opinion) (mb3) (Entered: 11/05/2020)

ORDER: Status Conference set for 11/23/2020 at 01:30 PM by Video before Magistrate Judge Maureen P. Kelly. Counsel for the parties will receive ZoomGov information by email at a later date. Signed by Magistrate Judge Maureen P. Kelly on 11/5/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et) (Entered: 11/05/2020)

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Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Status Conference held on 11/23/2020. (Court Reporter: NONE) (et) (Entered: 11/23/2020)

Notice of Mediation by ROBERT GILMORE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. Mediation Date March 26, 2020 at 10:00 a.m. (Bradley, Scott) (Entered: 12/24/2020)

Telephonic Status Conference set for 3/31/2021 at 09:00 AM by Telephone before Magistrate Judge Maureen P. Kelly. Counsel for the parties are instructed to call Chambers to obtain the conference call-in information. Signed by Magistrate Judge Maureen P. Kelly on 1/8/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et)

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MOTION to Continue Status Conference by ERNEST PORTER. (Attachments: # 1 Proposed Order) (Grote, Bret) (Entered: 03/19/2021)

ORDER granting 86 Motion to Continue Status Conference: Telephone Status Conference set for 4/22/2021 09:00 AM by Telephone Conference before Magistrate Judge Maureen P. Kelly. Signed by Magistrate Judge Maureen P. Kelly on 3/22/2021. (et) (Entered: 03/22/2021)

Joint MOTION to Continue Status Conference by ROBERT GILMORE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. (Attachments: # 1 Proposed Order) (Bradley, Scott) (Entered: 04/10/2021)

ORDER granting 88 Motion to Continue Status Conference set for 5/10/2021 11:00 AM by Telephone Conference before Magistrate Judge Maureen P. Kelly. Signed by Magistrate Judge Maureen P. Kelly on 4/12/2021. (et) (Entered: 04/12/2021)

Notice of Mediation by ROBERT GILMORE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, JOHN E. WETZEL. Mediation Date April 29, 2021 @ 1000am (Bradley, Scott) (Entered: 04/12/2021)