Case: Porter v. Pennsylvania Department of Corrections

2:17-cv-00763 | U.S. District Court for the Western District of Pennsylvania

Filed Date: July 5, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about a prisoner who has been kept in solitary confinement on death row for thirty-three years. On June 12, 2017, a prisoner at the State Correctional Institution in Greene County, Pennsylvania, filed this lawsuit in the Western District of Pennsylvania. The plaintiff sued the Pennsylvania Department of Corrections (DOC) under 42 U.S.C. § 1983. Represented by the public interest organizations Abolitionist Law Center and MacArthur Justice Center, the plaintiff sought declaratory a…

This is a case about a prisoner who has been kept in solitary confinement on death row for thirty-three years. On June 12, 2017, a prisoner at the State Correctional Institution in Greene County, Pennsylvania, filed this lawsuit in the Western District of Pennsylvania. The plaintiff sued the Pennsylvania Department of Corrections (DOC) under 42 U.S.C. § 1983. Represented by the public interest organizations Abolitionist Law Center and MacArthur Justice Center, the plaintiff sought declaratory and injunctive relief, compensatory and punitive damages, and attorneys' fees. He claimed that the defendants keeping him in solitary confinement despite his perfect disciplinary record in DOC custody and well after his death sentence was vacated in 2003 was cruel and unusual punishment under the Eighth Amendment and violated the plaintiff's rights to liberty, equal protection, and due process under the Fifth and Fourteenth Amendments.

The case was assigned to Magistrate Judge Maureen P. Kelly. On June 29, 2017, the plaintiff moved for a preliminary injunction to move him from solitary to the general population, which the court denied on July 12 to give the defendants a chance to respond to the complaint and motion for a preliminary injunction. The plaintiff filed another motion for a preliminary injunction on August 8, 2017, which the court denied on September 15. In its order denying the motion, the court said that the plaintiff was unlikely to succeed on the merits of his claim. The appeals regarding the order vacating his death sentence were still pending a resentencing hearing and thus his death sentence was still operative.

On July 9, 2018, the defendants filed a motion for summary judgment, which the court granted on November 8. The court held that the plaintiff's procedural due process claims were not viable because his death sentence was still active, that the substantive due process claims were redundant because of the Eighth Amendment claim, and that the plaintiff did not provide evidence for his Eighth Amendment claim.

The plaintiff appealed the summary judgment order to the Third Circuit Court of Appeals on November 9, 2018. On September 1, 2020, the appeals court affirmed the district court's granting of summary judgment for the substantive due process and Eighth Amendment claims, the latter of which was on the grounds that the defendants were entitled to qualified immunity. However, the appeals court reversed summary judgment for the procedural due process claim. In 2017, the Third Circuit had held in Williams v. Secretary Pennsylvania Department of Corrections (848 F.3d 549), that Fourteenth Amendment due process "limits the State's ability to subject an inmate to the deprivations of death row once the death sentence initially relied upon to justify such extreme restrictions is no longer operative.” Here, the Third Circuit applied Williams to death row prisoners whose orders vacating their death sentence were still pending pursuant to local rules, such that the prisoner here had a procedural due process right in avoiding continued indefinite solitary confinement. The defendants were not entitled to qualified immunity on this claim, and the Third Circuit remanded the case to the district court to determine damages and declaratory and injunctive relief. 974 F.3d 431 (3d Cir. 2020).

The defendants filed for a rehearing on September 28, 2020, and that the Third Circuit denied on October 28. This case is ongoing.

Summary Authors

Lauren Yu (11/15/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6197084/parties/porter-v-pennsylvania-department-of-corrections/


Judge(s)

Cowen, Robert E. (New Jersey)

Greenaway, Joseph A. Jr. (New Jersey)

Kelly, Maureen P (Pennsylvania)

Porter, David James (Pennsylvania)

Attorneys(s) for Plaintiff

Greenfield, Daniel M (Illinois)

Grote, Bret D. (Pennsylvania)

Morgan, Jamelia N. (Pennsylvania)

Attorneys(s) for Defendant

Bradley, Scott A. (Pennsylvania)

Mericli, Kemal Alexander (Pennsylvania)

Mullen, Daniel B (Pennsylvania)

Judge(s)

Cowen, Robert E. (New Jersey)

Greenaway, Joseph A. Jr. (New Jersey)

Kelly, Maureen P (Pennsylvania)

Porter, David James (Pennsylvania)

Attorneys(s) for Plaintiff

Greenfield, Daniel M (Illinois)

Grote, Bret D. (Pennsylvania)

Morgan, Jamelia N. (Pennsylvania)

Attorneys(s) for Defendant

Bradley, Scott A. (Pennsylvania)

Mericli, Kemal Alexander (Pennsylvania)

Mullen, Daniel B (Pennsylvania)

Other Attorney(s)

Doss, Michael P (Illinois)

Rovner, Laura Lee (Colorado)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 5, 2020 Docket
9

Jury Trial Demand

July 5, 2017 Complaint
25

Memorandum and Order

2017 WL 4099784

Sept. 15, 2017 Order/Opinion
69

Opinion and Order

2018 WL 5846747

Nov. 8, 2018 Order/Opinion

Opinion

U. S. Court of Appeals for the Third Circuit

974 F.3d 431

Sept. 1, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6197084/porter-v-pennsylvania-department-of-corrections/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

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)

June 12, 2017 PACER
2

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)

June 14, 2017 PACER
3

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

June 14, 2017 PACER
4

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

June 29, 2017 PACER
5

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

June 29, 2017 PACER
6

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

1 Envelope

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June 29, 2017 PACER
7

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

June 29, 2017 PACER
8

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)

July 5, 2017 PACER
9

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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July 5, 2017 RECAP
10

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)

July 6, 2017 PACER
11

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)

July 10, 2017 PACER
12

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)

July 12, 2017 PACER
13

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

Aug. 8, 2017 PACER
14

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

Aug. 8, 2017 PACER
15

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)

Aug. 8, 2017 PACER
16

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)

Aug. 8, 2017 PACER
17

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)

Aug. 8, 2017 PACER
18

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)

Aug. 10, 2017 RECAP
19

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)

Aug. 22, 2017 PACER
20

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

Aug. 22, 2017 PACER
21

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)

Sept. 5, 2017 PACER
22

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)

Sept. 8, 2017 PACER
23

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

Sept. 8, 2017 PACER
24

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)

Sept. 12, 2017 PACER
25

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)

Sept. 15, 2017 RECAP
26

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)

Sept. 18, 2017 PACER
27

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)

Sept. 20, 2017 PACER
29

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

Sept. 21, 2017 PACER
28

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

Sept. 22, 2017 PACER
30

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)

Sept. 25, 2017 PACER
31

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)

Sept. 25, 2017 PACER
32

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)

Oct. 13, 2017 PACER
33

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

Oct. 23, 2017 PACER
34

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

Nov. 22, 2017 PACER
35

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

Dec. 7, 2017 PACER
36

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)

Dec. 8, 2017 PACER
37

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

Dec. 15, 2017 PACER
38

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

Jan. 18, 2018 PACER
39

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

Feb. 13, 2018 PACER
40

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)

March 6, 2018 PACER
41

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)

March 6, 2018 PACER
42

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)

March 6, 2018 PACER
43

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

March 21, 2018 PACER
44

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

April 20, 2018 PACER
45

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

May 22, 2018 PACER
46

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)

June 5, 2018 PACER
47

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)

June 5, 2018 PACER
48

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

June 19, 2018 PACER
49

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)

June 19, 2018 PACER
50

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)

June 20, 2018 PACER
51

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

June 21, 2018 PACER
52

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

July 9, 2018 PACER
53

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)

July 9, 2018 PACER
54

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

July 9, 2018 PACER
55

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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July 9, 2018 PACER
56

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

July 9, 2018 PACER

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)

July 10, 2018 PACER

Quality Control message - Incorrect document attached

July 10, 2018 PACER
57

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

July 18, 2018 PACER
58

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)

July 31, 2018 PACER
59

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)

Aug. 3, 2018 PACER
60

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

Aug. 10, 2018 PACER
61

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

Aug. 13, 2018 PACER
62

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

Aug. 16, 2018 PACER
63

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)

Sept. 4, 2018 PACER
64

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

Sept. 19, 2018 PACER
65

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)

Sept. 19, 2018 PACER
67

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

Sept. 19, 2018 PACER
66

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)

Sept. 20, 2018 PACER
68

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

Oct. 25, 2018 PACER
69

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)

Nov. 8, 2018 RECAP
70

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)

Nov. 8, 2018 PACER
71

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)

Nov. 9, 2018 PACER
72

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)

Nov. 14, 2018 PACER
73

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

Nov. 23, 2018 PACER
74

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

Dec. 20, 2018 PACER
75

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

Jan. 18, 2019 PACER
76

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

Feb. 15, 2019 PACER
77

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

March 28, 2019 PACER
78

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

April 18, 2019 PACER
79

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

May 22, 2019 PACER
80

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

June 19, 2019 PACER
81

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)

Sept. 1, 2020 PACER
82

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)

Nov. 5, 2020 PACER
83

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)

Nov. 5, 2020 PACER

~Util - Set Hearings AND Order

Nov. 5, 2020 PACER
84

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)

Nov. 23, 2020 PACER
85

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)

Dec. 24, 2020 PACER

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)

Jan. 8, 2021 PACER

~Util - Set Hearings

Jan. 8, 2021 PACER
86

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

March 19, 2021 PACER
87

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)

March 22, 2021 PACER
88

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)

April 10, 2021 PACER
89

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)

April 12, 2021 PACER
90

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)

April 12, 2021 PACER
91

REPORT of Mediation: Case has been resolved. 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 4/29/2021. (Benson, Kenneth) (Entered: 04/29/2021)

April 29, 2021 PACER
93

Minute Entry for proceedings held before Magistrate Judge Maureen P. Kelly: Telephonic Status Conference held on 5/10/2021. (Court Reporter: none) (et) (Entered: 05/10/2021)

May 10, 2021 PACER
94

STIPULATION of Dismissal by ERNEST PORTER. (Grote, Bret) (Entered: 08/27/2021)

Aug. 27, 2021 PACER
95

ORDER Approving 94 Stipulation of Dismissal filed by ERNEST PORTER Signed by Magistrate Judge Maureen P. Kelly on 8/27/2021. (et) (Entered: 08/30/2021)

Aug. 30, 2021 PACER