Case: Allah v. Thomas

2:15-cv-05593 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Oct. 9, 2015

Closed Date: April 9, 2021

Clearinghouse coding complete

Case Summary

On October 9, 2015 plaintiff filed a complaint against several prison officials and medical providers at SC-Chester, a state prison in Pennsylvania. Plaintiff, an incarcerated individual with chronic Hepatitis C virus (HCV) and other illnesses filed his lawsuit under Section 1983 in the U.S. District Court for the Eastern District of Pennsylvania alleging violations of the First and Eighth Amendments. The case was assigned to Judge Gene E.K. Pratter. Plaintiff alleged that he was improperly den…

On October 9, 2015 plaintiff filed a complaint against several prison officials and medical providers at SC-Chester, a state prison in Pennsylvania. Plaintiff, an incarcerated individual with chronic Hepatitis C virus (HCV) and other illnesses filed his lawsuit under Section 1983 in the U.S. District Court for the Eastern District of Pennsylvania alleging violations of the First and Eighth Amendments. The case was assigned to Judge Gene E.K. Pratter.

Plaintiff alleged that he was improperly denied treatment for his pain as well as for his HCV. Plaintiff was diagnosed with HCV in 1993 and asked to be placed on the prison's treatment list in 2014. He was told he was ineligible because he was to receive parole within a year, so he would not be in prison long enough to receive a full course of treatment. After his parole was delayed in 2015 he again asked to receive treatment, this time with newly available Direct-Acting Antivirals (DAA), which would only take 2-3 months for a full course of treatment. Plaintiff alleged he was denied DAA treatment at that time solely on the basis of cost.

Plaintiff initially filed this action pro se and applied for a volunteer attorney on October 16, 2015. The Court granted plaintiff's motion on November 10, 2015, and placed him on a waiting list to receive pro bono counsel. While he was waiting for appointment of counsel, the defendants in the case filed two motions to dismiss - the first on December 14, 2015 and the second on January 20, 2016. By June 2016, plaintiff still had not been granted counsel. On June 14, 2016, the Court granted both motions to dismiss because plaintiff never filed a response or provided explanation for his failure to respond to either motion as he was required to do. The Court dismissed the case without prejudice.

On July 6, 2016, plaintiff filed a notice of appeal from the dismissal in the U.S. Court of Appeals for the Third Circuit. In a non-precedential opinion by Judges Patty Schwartz, Robert E. Cowen, and Julio M. Fuentes issued on February 13, 2017, the appellate court affirmed the District Court's dismissal in part, and vacated it in part. The Court of Appeals upheld the dismissal of plaintiff's claims that he was denied medication for his pain, but found that plaintiff's allegation that SC-Chester denied him HCV treatment solely on the basis of cost was sufficient to support a claim of deliberate indifference in violation of the Eighth Amendment. The court then remanded plaintiff's HCV claim for further proceedings. 679 Fed.Appx. 216. 

On March 28, 2017, plaintiff filed his notice of intent to proceed with his lawsuit even though he was still unrepresented by counsel. The remaining defendants responded with a motion for summary judgment on June 29, 2017. In the midst of an ongoing discovery dispute between the parties, plaintiff filed a motion for pro bono counsel on September 14, 2017 which was granted by the District Court on October 3, 2017. Plaintiff was officially appointed counsel on July 2, 2018. However, plaintiff instead decided to proceed unrepresented.  Ultimately, the parties reported to the court that the matter had settled, and the district court dismissed the action with prejudice and closed the case on April 9, 2021.  The terms of the settlement are not known to the Clearinghouse.  

Summary Authors

Elena Meth (3/22/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5291342/parties/allah-v-thomas/


Judge(s)
Attorney for Plaintiff

ALLAH, MICHAEL MALIK (Pennsylvania)

Attorney for Defendant

GOODMAN, ADAM S. (Pennsylvania)

GOODRICH, CAITLIN J. (Pennsylvania)

JR., KENNETH D. (Pennsylvania)

KOVATIS, STEPHEN R. (Pennsylvania)

Documents in the Clearinghouse

Documents in this case
3

2:15-cv-05593

Complaint

Oct. 16, 2015

Oct. 16, 2015

Complaint
19

2:15-cv-05593

Memorandum

June 14, 2016

June 14, 2016

Order/Opinion

2016 WL 3258422

16-03103

Opinion

U.S. Court of Appeals for the Third Circuit

Feb. 13, 2017

Feb. 13, 2017

Order/Opinion

679 Fed.Appx. 216

79

2:15-cv-05593

Order

April 9, 2021

April 9, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5291342/allah-v-thomas/

Last updated Aug. 24, 2026, 5:53 p.m.

Docket for: ALLAH v. THOMAS
ECF Number Date Description Link
1 Oct. 9, 2015

APPLICATION/MOTION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS by MICHAEL MALIK ALLAH. (Attachments: # 1 Complaint, # 2 Appt/Atty, # 3 Process/Receipts, # 4 Civil Cover Sheets, # 5 Envelope-Side 1, # 6 Envelope-Side 2)(tj, ) (Entered: 10/14/2015)

RECAP
2 Oct. 16, 2015

ORDER THAT LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE COMPLAINT IS TO BE FILED AND THE SUMMONSES ARE TO ISSUE. SERVICE OF THE SUMMONSES AND THE COMPLAINT IS TO BE MADE UPON THE DEFTS. BY THE U.S. MARSHALS SERVICE IN THE EVENT THAT WAIVER OF SERVICE IS NOT EFFECTED. THE CLERK OF COURT IS DIRECTED TO SEND A COPY OF THIS ORDER TO THE SUPERINTENDENT OF THE SCI-CHESTER.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/15/15. 10/16/15 ENTERED AND COPIES MAILED TO PRO SE PLFF., DEFTS., AND SUPERINTENDENT OF SCI-CHESTER.(pr, ) (Entered: 10/16/2015)

RECAP
3 Oct. 16, 2015

COMPLAINT against L. HANUSCHAK, KOREN, SHIRLEY LAWS-SMITH, JOHN NICHOLSON, LOUISA PEREZ, JOHN C. THOMAS filed by MICHAEL MALIK ALLAH. Jury demand, Declaration. (pr, ) (Entered: 10/16/2015)

RECAP
4 Oct. 16, 2015

REQUEST FOR WAIVER of Service sent to DEFENDANTS on 10/16/15 by MICHAEL MALIK ALLAH. Waiver of Service due by 11/16/2015. (Attachments: # 1 wvr-Thomas, # 2 reqwvr-Laws-Smith, # 3 wvr-Laws-Smith, # 4 reqwvr-Perez, # 5 wvr-Perez, # 6 reqwvr-Koren, # 7 wvr-Koren, # 8 reqwvr-Nicholson, # 9 wvr-Nicholson, # 10 rewvr-Hanuschak, # 11 wvr-Hanuschak)(pr, ) (Entered: 10/16/2015)

RECAP
5 Oct. 16, 2015

NOTICE to plff. re: Waiver of Service. (pr, ) (Entered: 10/16/2015)

RECAP
6 Oct. 16, 2015

PLFF'S MOTION FOR APPOINTMENT OF VOLUNTEER ATTORNEY FILED BY MICHAEL MALIK ALLAH..(pr, ) (Entered: 10/16/2015)

RECAP
7 Nov. 10, 2015

ORDER THAT PLFF'S MOTIONS TO APPOINT COUNSEL (DOC. NO. 6) IS GRANTED. THE CLERK OF COURT SHALL PRESENT THE ABOVE-CAPTIONED CASE FOR CONSIDERATION CONSISTENT WITH THE PRISONER CIVIL RIGHTS PANEL PROGRAM. THE CASE SHALL BE PLACED IN SUSPENSE PENDING CONSIDERATION CONSISTENT THEREWITH. THE U.S. MARSHAL FOR THE EASTERN DIST. OF PA IS DIRECTED TO EFFECT SERVICE OF THE SUMMONS AND COMPLAINT UPON THE DEFTS. AT NO COST TO THE PLFF. PURSUANT TO FRCP 4(c)(3).. SIGNED BY HONORABLE GENE E.K. PRATTER ON 11/9/15.11/10/15 ENTERED AND COPIES MAILED TO PRO SE PLFF., 1 COPY TO PRO SE WRIT CLERK, AND PRO SE LAW CLERK.(pr, ) (Entered: 11/10/2015)

RECAP
Nov. 12, 2015

6 Summonses Issued as to L. HANUSCHAK, KOREN, SHIRLEY LAWS-SMITH, JOHN NICHOLSON, LOUISA PEREZ, JOHN C. THOMAS. Forwarded To: U.S. MARSHAL SERVICE on 11/12/15 (pr, )

Nov. 12, 2015

Summons Issued

8 Nov. 19, 2015

WAIVER OF SERVICE Returned Executed by LOUISA PEREZ, SHIRLEY LAWS-SMITH, JOHN C. THOMAS. LOUISA PEREZ waiver sent on 10/16/2015, answer due 12/15/2015; SHIRLEY LAWS-SMITH waiver sent on 10/16/2015, answer due 12/15/2015; JOHN C. THOMAS waiver sent on 10/16/2015, answer due 12/15/2015. (KOVATIS, STEPHEN) (Entered: 11/19/2015)

RECAP
9 Dec. 11, 2015

NOTICE of Appearance by KENNETH D. POWELL, JR on behalf of L. HANUSCHAK, JOHN NICHOLSON with Certificate of Service(POWELL, KENNETH) (Entered: 12/11/2015)

RECAP
10 Dec. 11, 2015

NOTICE of Appearance by CAITLIN J. GOODRICH on behalf of L. HANUSCHAK, JOHN NICHOLSON with Certificate of Service(GOODRICH, CAITLIN) (Entered: 12/11/2015)

RECAP
11 Dec. 11, 2015

MOTION for Extension of Time to File Answer to Plaintiff's Complaint filed by L. HANUSCHAK, JOHN NICHOLSON.Certificate of Service.(GOODRICH, CAITLIN) (Entered: 12/11/2015)

RECAP
12 Dec. 14, 2015

MOTION TO DISMISS COMPLAINT filed by SHIRLEY LAWS-SMITH, LOUISA PEREZ, JOHN C. THOMAS. Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order)(KOVATIS, STEPHEN) Modified on 12/16/2015 (tjd). (Entered: 12/14/2015)

RECAP
13 Jan. 20, 2016

MOTION TO DISMISS COMPLAINT filed by L. HANUSCHAK, JOHN NICHOLSON. Brief and Certificate of Service.(GOODRICH, CAITLIN) Modified on 1/20/2016 (tjd). (Entered: 01/20/2016)

RECAP
14 March 16, 2016

NOTICE to plaintiff dated 3/14/16. re: Appointment of Counsel on the Court's Extranet site.(dmc, ) (Entered: 03/16/2016)

RECAP
15 March 18, 2016

SUMMONS Returned Executed by MICHAEL MALIK ALLAH re: USMS served Summons and Complaint upon L. HANUSCHAK, KOREN, SHIRLEY LAWS-SMITH, JOHN NICHOLSON, LOUISA PEREZ, JOHN C. THOMAS by Personal Service. L. HANUSCHAK served on 3/15/2016, answer due 4/5/2016; KOREN served on 3/15/2016, answer due 4/5/2016; SHIRLEY LAWS-SMITH served on 3/15/2016, answer due 4/5/2016; JOHN NICHOLSON served on 3/15/2016, answer due 4/5/2016; LOUISA PEREZ served on 3/15/2016, answer due 4/5/2016; JOHN C. THOMAS served on 3/15/2016, answer due 4/5/2016. (gs, ) (Entered: 03/21/2016)

RECAP
16 March 24, 2016

NOTICE to proceed with this lawsuit even if no lawyer agrees to represent me filed by MICHAEL MALIK ALLAH. (Attachments: # 1 envelope)(pr, ) (Entered: 03/25/2016)

RECAP
17 April 18, 2016

ORDER THAT PLAINTIFF SHALL RESPOND TO MOTIONS (DOC. 12 & 13) BY 5/4/16. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/14/16. 4/18/16 ENTERED AND COPIES MAILED TO PRO SE, EMAILED.(rf, ) (Entered: 04/18/2016)

RECAP
18 June 3, 2016

NOTICE of Change of Address by MICHAEL MALIK ALLAH(jpd, ) (Entered: 06/03/2016)

RECAP
19 June 14, 2016

MEMORANDUM AND/OR OPINION SETTING FORTH THE REASONS WHY THE COURT IS GRANTING THE DEFENDANTS' MOTIONS TO DISMISS AND DENYING AS MOOT DEFENDANTS' MOTION FOR AN EXTENSION OF TIME. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. AN APPROPRIATE ORDER FOLLOWS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 6/14/16. 6/14/16 ENTERED AND COPIES MAILED TO PLAINTIFF AND E-MAILED TO COUNSEL.(rab, ) (Entered: 06/14/2016)

RECAP
20 June 14, 2016

Ordered THAT DEFENDANTS' MOTIONS TO DISMISS (DOCKET NOS. 12 AND 13) ARE GRANTED. DEFENDANTS' MOTION FOR AN EXTENSION OF TIME TO FILE AN ANSWER TO THE PLAINTIFF'S COMPLAINT (DOCKET NO. 11) IS DENIED AS MOOT AND THE COMPLAINT IS DISMISSED. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 6/14/16. 6/14/16 ENTERED AND COPIES MAILED TO PLAINTIFF AND E-MAILED TO COUNSEL.(rab, ) (Entered: 06/14/2016)

RECAP
21 July 6, 2016

NOTICE OF APPEAL as to 20 Order (Memorandum and/or Opinion), by MICHAEL MALIK ALLAH. (IFP granted) Copies to Judge, Clerk USCA, Appeals Clerk. (Attachments: # 1 envelope)(pr, ) (Entered: 07/11/2016)

RECAP
22 July 6, 2016

Clerk's Notice to USCA re 21 Notice of Appeal : (pr, ) (Entered: 07/11/2016)

RECAP
23 March 7, 2017

Certified Copy of Order/Judgment from USCA dated 3/7/17 that the judgment of the District Court entered 6/14/16, be and the same is hereby AFFIRMED in part, and REMANDED for further proceedings. Each side shall bear its own costs. All of the above in accordance with the opinion of this Court. (pr, ) (Entered: 03/07/2017)

RECAP
24 March 28, 2017

NOTICE of intent to proceed with lawsuit filed by MICHAEL MALIK ALLAH (pr, ) (Entered: 03/29/2017)

RECAP
25 April 7, 2017

ORDER THAT DEFTS. SHIRLEY LAW-SMITH, DR. L. HANUSCHAK, AND P.A. JOHN NICHOLSON SHALL FILE A RESPONSE TO MR. ALLAH'S EIGHTH AMENDMENT CLAIM, PER THE COURT OF APPEALS' REMAND, ON OR BEFORE 4/28/17.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/6/17. 4/7/17 ENTERED AND COPIES MAILED TO PRO SE PLFF., E-MAILED TO COUNSEL.(pr, ) (Entered: 04/07/2017)

RECAP
26 April 14, 2017

MOTION to Amend/Correct 25 Order,, Set Motion and R&R Deadlines/Hearings, filed by SHIRLEY LAWS-SMITH.Certificate of Service, Memorandum of Law. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order, # 3 Exhibit A, # 4 Exhibit B)(KOVATIS, STEPHEN) (Entered: 04/14/2017)

RECAP
27 April 17, 2017

ORDER THAT THE MOTION TO AMEND ORDER REQUIRING SHIRLEY LAWS-SMITH TO ANSWER COMPLAINT IS GRANTED. IT IS FURTHER ORDERED THAT DEFENDANTS DR. L. HANUSCHAK AND P.A. JOHN NICHOLSON SHALL FILE A RESPONSE TO MR. ALLAH'S EIGHT AMENDMENT CLAIM, PER THE COURT OF APPEALS' REMAND, ON OR BEFORE APRIL 28, 2017. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/17/17.4/18/17 ENTERED AND COPIES MAILED TO PLAINTIFF AND EMAILED TO COUNSEL.(jaa, ) (Entered: 04/18/2017)

RECAP
28 April 27, 2017

MOTION for Extension of Time to File Motion to Dismiss or in the alternative Motion for Summary Judgment filed by L. HANUSCHAK, JOHN NICHOLSON.Memorandum, Certificate of Service.(GOODMAN, ADAM) (Entered: 04/27/2017)

RECAP
29 April 28, 2017

ORDER granting 28 MOTION FOR EXTENSION OF TIME TO FILE. DEFENDANTS SHALL FILE THEIR MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT, ON OR BEFORE JUNE 30, 2017. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/28/17.4/28/17 ENTERED AND COPIES MAILED TO PLAINTIFF AND E-MAILED TO COUNSEL.(rab, ) (Entered: 04/28/2017)

RECAP
April 28, 2017

Set/Reset Scheduling Order Deadlines

April 28, 2017

Set/Reset Scheduling Order Deadlines: MOTIONS DUE BY 6/30/2017. MOTION FOR SUMMARY JUDGMENT DUE BY 6/30/2017. (rab, )

30 June 29, 2017

MOTION for Summary Judgment filed by L. HANUSCHAK, JOHN NICHOLSON.Brief and Certificate of Service. (Attachments: # 1 Brief, # 2 Supplement Statement of Facts, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(GOODRICH, CAITLIN) (Entered: 06/29/2017)

RECAP
31 July 3, 2017

NOTICE of Change of Address by MICHAEL MALIK ALLAH(jpd, ) (Entered: 07/05/2017)

RECAP
32 July 6, 2017

CERTIFICATE OF SERVICE by L. HANUSCHAK, JOHN NICHOLSON (GOODRICH, CAITLIN) (Entered: 07/06/2017)

RECAP
33 July 13, 2017

MOTION BY NONMOVANT PLFF. FOR ALLOWANCE OF TIME TO RESPOND TO DEFTS' MOTION FOR SUMMARY JUDGMENT AND TO OBTAIN AFFIDAVITS OR DECLARATIONS OR TO TAKE DISCOVERY FILED BY MICHAEL MALIK ALLAH.. (Attachments: # 1 ENVELOPE)(pr, ) (Entered: 07/14/2017)

RECAP
34 July 19, 2017

ORDER THAT PLFF'S MOTION BY NONMOVANT PLFF. (DOC. NO. 33) IS GRANTED AND PLFF. SHALL RESPOND TO DEFTS' MOTION FOR SUMMARY JUDGMENT ON OR BEFORE 9/15/17. RESPONSES DUE BY 9/15/2017.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 7/18/17.7/20/17 ENTERED AND COPIES MAILED TO PRO SE PLFF., E-MAILED TO COUNSEL.(pr, ) (Entered: 07/20/2017)

RECAP
35 Aug. 24, 2017

DEFT'S MOTION FOR AN ORDER COMPELLING DISCLOSURE, DISCOVERY & INSPECTION FILED BY MICHAEL MALIK ALLAH.CERT. OF SERVICE. (Attachments: # 1 ENVELOPE)(pr, ) (Entered: 08/24/2017)

RECAP
36 Sept. 14, 2017

MOTION FOR PRO BONO COUNSEL 28 U.S.C. SECTION 1915(E)(1) filed by MICHAEL MALIK ALLAH.CERTIFICATE OF SERVICE.(jaa, ) (Entered: 09/15/2017)

RECAP
37 Oct. 3, 2017

ORDER THAT PLFF'S MOTION FOR AN ORDER COMPELLING DISCLOSURE (DOC. NO. 35) IS DENIED. PLFF'S MOTION FOR PRO BONO COUNSEL (DOC. NO. 36) IS GRANTED. THE CLERK OF COURT SHALL PRESENT THE ABOVE-CAPTIONED CASE FOR CONSIDERATION CONSISTENT WITH THE PRISONER CIVIL RIGHTS PANEL PROGRAM. THE CASE SHALL BE PLACED IN SUSPENSE PENDING CONSIDERATION CONSISTENT THEREWITH, AND ALL PENDING MOTIONS WILL BE STAYED UNTIL THE CASE IS TAKEN OUT OF SUSPENSE.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/2/17.10/3/17 ENTERED AND COPIES MAILED TO PRO SE PLFF., E-MAILED TO COUNSEL, 1 COPY TO PRO SE WRIT CLERK, 1 COPY TO PRO SE LAW CLERK.(pr, ) Modified on 10/3/2017 (Entered: 10/03/2017)

RECAP
38 March 5, 2018

NOTICE to plaintiff dated 3/5/2018. re: Appointment of Counsel on the Court's Extranet site.(dmc, ) (Entered: 03/06/2018)

RECAP
39 March 12, 2018

NOTICE filed by MICHAEL MALIK ALLAH dated 3/8/18 re: Wish to proceed with this lawsuit and my case remain in the "extranet" site. (Attachments: # 1 envelope)(pr, ) (Entered: 03/13/2018)

RECAP
40 May 24, 2018

NOTICE of Change of Address filed by MICHAEL MALIK ALLAH(pr, ) (Entered: 05/25/2018)

RECAP
41 July 2, 2018

NOTICE to plaintiff dated 7/2/2018. re: Appointment of Counsel on the Court's Extranet site.(dmc, ) (Entered: 07/02/2018)

RECAP
42 July 12, 2018

NOTICE filed by MICHAEL MALIK ALLAH re: Intent to proceed with this lawsuit. (pr, ) (Entered: 07/13/2018)

RECAP
43 July 24, 2018

CONSOLIDATED MOTION ASKING THE COURT TO ORDER SCI-GRATERFORD/PHOENIX TO LOCATE AND RETURN ALL PLAINTIFF LEGAL DOCUMENTS, FILED BY MICHAEL MALIK ALLAH.(amas) (Entered: 07/25/2018)

RECAP
44 July 26, 2018

CONSOLIDATED MOTION ASKING THIS COURT TO ORDER SCI-GRATERFORD/PHOENIX TO LOCATE AND RETURN ALL PLFF. LEGAL DOCUMENTS FILED BY MICHAEL MALIK ALLAH..(pr, ) (Entered: 07/27/2018)

RECAP
45 July 26, 2018

NOTICE of Change of Address by MICHAEL MALIK ALLAH.(md) (Main Document 45 replaced on 7/30/2018) (md, ). Modified on 7/30/2018 (md). (Entered: 07/30/2018)

RECAP
46 Aug. 10, 2018

MOTION OF INQUIRY FILED BY MICHAEL MALIK ALLAH.CERT. OF SERVICE.(pr, ) (Entered: 08/10/2018)

RECAP
47 Aug. 21, 2018

ORDER THAT DEFENDANTS SHALL RESPOND TO PLAINTIFF'S MOTION TO RETURN LEGAL DOCUMENTS BY 9/7/18; ETC.. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/17/18. 8/21/18 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(jl, ) (Entered: 08/21/2018)

RECAP
48 Aug. 23, 2018

MOTION for Leave to File Answer and Affirmative Defenses filed by L. HANUSCHAK, JOHN NICHOLSON.Certificate of Service. (Attachments: # 1 Exhibit a)(GOODRICH, CAITLIN) (Entered: 08/23/2018)

RECAP
49 Aug. 28, 2018

RESPONSE in Opposition re 43 MOTION filed by L. HANUSCHAK, JOHN NICHOLSON. (GOODRICH, CAITLIN) (Entered: 08/28/2018)

RECAP
50 Sept. 5, 2018

Memorandum of Law in Opposition re 43 MOTION, 44 MOTION for Order filed by SHIRLEY LAWS-SMITH, LOUISA PEREZ, JOHN C. THOMAS. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(KOVATIS, STEPHEN) Modified on 9/6/2018 (tjd). (Entered: 09/05/2018)

RECAP
51 Sept. 5, 2018

Amended Certificate of Service re 50 RESPONSE in Opposition re 43 MOTION, 44 MOTION for Order filed by SHIRLEY LAWS-SMITH, LOUISA PEREZ, JOHN C. THOMAS. (KOVATIS, STEPHEN) Modified on 9/6/2018 (tjd). (Entered: 09/05/2018)

RECAP
52 Sept. 28, 2018

MOTION OF INQUIRY FILED BY MICHAEL MALIK ALLAH..(pr, ) (Entered: 10/01/2018)

RECAP
53 Nov. 2, 2018

NOTICE to plaintiff dated 11/2/2018. re: Appointment of Counsel on the Court's Extranet site.(dmc, ) (Entered: 11/05/2018)

RECAP
54 Nov. 14, 2018

NOTICE of intent to proceed with this lawsuit filed by MICHAEL MALIK ALLAH (pr, ) (Entered: 11/15/2018)

RECAP
55 March 5, 2019

ORDER THAT THE CLERK OF COURT SHALL TAKE THE ABOVE-CAPTIONED CASE OUT OF SUSPENSE; THE CLERK OF COURT SHALL REMOVE THE ABOVE-CAPTIONED CASE FROM CONSIDERATION BY THE PRISONER CIVIL RIGHTS PANEL PROGRAM; THIS CASE SHALL PROCEED WITH PLFF. REPRESENTING HIMSELF; DEFTS. MOTION FOR LEAVE TO FILE AN ANSWER AND AFFIRMATIVE DEFENSES (DOC. NO. 48) IS GRANTED; MOTIONS DOC. NOS. 43, 44, 46, 52 ARE DENIED WITHOUT PREJUDICE; PLFF. SHALL RESPOND TO DEFTS. MOTION FOR SUMMARY JUDGMENT (DOC. NO. 30) BY 5/6/19; AND THE CLERK OF COURT SHALL PROVIDE PLFF. WITH COPIES OF THE COMPLAINT (DOC. NO. 3) AND DEFTS. MOTION FOR SUMMARY JUDGMENT (DOC. NO. 30).. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/4/19. 3/5/19 ENTERED AND COPIES MAILED TO PRO SE PLFF. WITH DOC. NOS. 3 AND 30, AND E-MAILED TO COUNSEL, 1 COPY TO PRO SE LAW CLERK, 1 COPY TO PRO SE WRIT CLERK.(pr, ) Modified on 3/5/2019 (pr, ). Modified on 3/5/2019 (pr, ). (Entered: 03/05/2019)

RECAP
56 March 25, 2019

PLFF'S MOTION FOR 56(F) CONTINUANCE, MOTION FOR DISCOVERY, MOTION TO STAY PLFF. RESPONSE TO DEFTS. MOTION FOR SUMMARY JUDGMENT PENDING THE COMPLETION OF DISCOVERY FILED BY MICHAEL MALIK ALLAH.CERT. OF SERVICE.(pr, ) (Entered: 03/26/2019)

RECAP
57 April 17, 2019

ORDERED THAT THE DEFENDANTS DR. L. HANUSCHAK AND P.A. JOHN NICHOLSON SHALL RESPOND TO THE FOLLOWING 56 MOTION to Continue MOTION for Discovery MOTION to Stay filed by MICHAEL MALIK ALLAH BY MAY 1, 2019. FAILURE TO DO SO MAY RESULT IN THE COURT CONSIDERING THE MOTION AS UNOPPOSED. SIGNED BY HONORABLE GENE E.K. PRATTER ON 4/17/2019. 4/17/2019 ENTERED AND COPIES MAILED AND E-MAILED.(rab, ) (Entered: 04/17/2019)

RECAP
58 April 23, 2019

RESPONSE in Opposition re 56 MOTION to Continue MOTION for Discovery MOTION to Stay filed by L. HANUSCHAK, JOHN NICHOLSON. (GOODRICH, CAITLIN) (Entered: 04/23/2019)

RECAP
59 May 14, 2019

ORDER GRANTING IN PART AND DENYING IN PART WITHOUT PREJUDICE THE PLAINTIFF'S MOTION FOR CONTINUANCE AND TO REOPEN DISCOVERY 56 . SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 5/13/2019.5/14/2019 ENTERED AND COPIES MAILED AND E-MAILED.(sfl, ) (Entered: 05/14/2019)

RECAP
60 May 28, 2019

MOTION OF INQUIRY FILED BY MICHAEL MALIK ALLAH, CERTIFICATE OF SERVICE.(fdc) (Entered: 05/29/2019)

RECAP
61 June 3, 2019

MOTION FOR THIS COURT TO INSTRUCT DEFENDANTS ATTORNEY TO PROVIDE PLAINTIFF WITH HIS MEDICAL RECORDS, CERTIFICATE OF SERVICE. (Attachments: # 1 Envelope)(mbh, ) (Entered: 06/04/2019)

RECAP
62 June 5, 2019

RESPONSE in Opposition re 61 MOTION filed by L. HANUSCHAK, JOHN NICHOLSON. (GOODRICH, CAITLIN) (Entered: 06/05/2019)

RECAP
63 June 10, 2019

ORDER denying 60 MOTION FOR ORDER; denying 61 Motion. SIGNED BY HONORABLE GENE E.K. PRATTER ON 6/10/19.6/10/19 ENTERED AND COPIES MAILED AND E-MAILED.(rab, ) (Entered: 06/10/2019)

RECAP
64 July 15, 2019

PLAINTIFF'S MOTION FOR A 45 DAYS EXTENSION OF TIME TO RESPOND TO DEFENDANT'S SUMMARY JUDGMENT, WITH CERTIFICATE OF SERVICE, FILED BY MICHAEL MALIK ALLAH.(amas) (Entered: 07/16/2019)

RECAP
65 July 15, 2019

MOTION FOR THIS COURT TO ORDER INSTRUCT PLAINTIFF C/A COUNSELOR MR. JAMES AND/OR UNIT MANAGER MR. LEE TO ALLOW HIM TO MAKE A LEGAL PHONE CALL TO DREXEL INFECTIOUS DISEASE CENTER DOCTOR BO HWA LEE FILED BY MICHAEL M. ALLAH (Attachments: # 1 Envelope)(mbh, ) (Entered: 07/16/2019)

1 Envelope

View on PACER

RECAP
66 July 22, 2019

Declaration in opposition to defendant's motion for summary judgment, Certificate of Service, filed by PRO SE PLFF MICHAEL MALIK ALLAH. (Attachments: # 1 Certificate of Service, # 2 Envelope)(kw, ) (Entered: 07/23/2019)

RECAP
67 March 30, 2020

MEMORANDUM FILED UNDER SEAL. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/27/2020; 3/30/2020 ENTERED AND COPIES NOT MAILED TO COUNSEL AND PRO SE PLAINTIFF. (FILED UNDER SEAL).(tjd) Modified on 3/30/2020 (tjd). (tjd, ). (Entered: 03/30/2020)

RECAP
68 March 30, 2020

ORDER FILED UNDER SEAL. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/27/2020; 3/30/2020 ENTERED AND COPIES NOT MAILED TO COUNSEL AND PRO SE PLAINTIFF. (FILED UNDER SEAL).(tjd) Modified on 3/30/2020 (tjd). (tjd, ). (Entered: 03/30/2020)

RECAP
March 30, 2020

Memorandum and/or Opinion Order

March 30, 2020

Memorandum and/or Opinion

69 May 26, 2020

NOTICE of Change of Address by MICHAEL MALIK ALLAH(jaa, ) (Entered: 06/15/2020)

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July 15, 2020

DOC. NOS. 67 and 68 MAILED TO PRO SE PLFF AND COUNSEL ON 7/15/20. (md, )

July 15, 2020

Remark

July 22, 2020

Filing fee: $ 14.04, receipt number PPE216965 (dmc, )

July 23, 2020

Filing Fee Received

70 Oct. 16, 2020

Notice of Change of Address by MICHAEL MALIK ALLAH(mbh, ) (Entered: 10/20/2020)

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71 Nov. 2, 2020

SCHEDULING ORDER: PLAINTIFF PRETRIAL MEMO DUE BY 6/4/2021. DEFENDANT PRETRIAL MEMO DUE BY 6/11/2021. TRIAL POOL SET FOR 6/22/2021.. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 10/29/2020. 11/2/2020 ENTERED AND COPIES MAILED (BY CHAMBERS) AND E-MAILED.(sfl, ) (Entered: 11/02/2020)

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72 Nov. 16, 2020

Letter dated 11/11/2020 by MICHAEL MALIK ALLAH (sg, ) (Entered: 11/16/2020)

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73 Dec. 10, 2020

NOTICE OF APPEAL by MICHAEL MALIK ALLAH. IFP GRANTED, FILING FEE NOT PAID Copies to Judge, Clerk USCA, Appeals Clerk. (jpd, ) (Main Document 73 replaced on 12/16/2020) (nd, ). Modified on 12/17/2020 (tjd). (Entered: 12/15/2020)

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Dec. 16, 2020

APPEAL FEE LETTER SENT TO PRO SE (JL )

Dec. 16, 2020

Remark

74 Dec. 17, 2020

NOTICE of Docketing Record on Appeal from USCA re 73 Notice of Appeal filed by MICHAEL MALIK ALLAH. USCA Case Number 20-3539 (jaa, ) (Entered: 12/17/2020)

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75 Jan. 5, 2021

Letter by MICHAEL MALIK ALLAH (jaa, ) (Entered: 01/27/2021)

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77 Jan. 20, 2021

Letter dated 12/15/2020 by MICHAEL MALIK ALLAH (dmc, ) (Entered: 03/12/2021)

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78 Jan. 20, 2021

Letter dated 1/20/2021 re: STATUS UPDATE(dmc, ) (Entered: 03/12/2021)

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76 Feb. 2, 2021

ORDER of USCA THAT THE ABOVE-CAPTIONED CASE IS HEREBY DISMISSED FOR FAILURE TO TIMELY PROSECUTE INSOFAR AS APPELLANT FAILED TO PAY THE REQUISITE FEE AS DIRECTED. IT IS FURTHER ORDERED THAT A CERTIFIED COPY OF THIS ORDER BE ISSUED IN LIEU OF A FORMAL MANDATE. (jaa, ) (Entered: 02/02/2021)

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79 April 9, 2021

ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b). SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 4/9/2021. 4/9/2021 ENTERED AND COPIESMAILED AND E-MAILED.(sfl, ) Modified on 4/12/2021 (tjd). (Entered: 04/09/2021)

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April 12, 2021

Remark: Document No. 79 mailed to Mr. Allah by Chambers on 4/12/2021. (sfl, )

80 April 15, 2021

Copy of Order/Notice dated 1/2021 (Status) and envelope returned from the U.S. Postal Service addressed to MICHAEL MALK ALLAH for the following reason: RELEASED 12/22/20 PER INMATE LOCATOR. (jaa, ) (Entered: 04/19/2021)

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Case Details

State / Territory:

Pennsylvania

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Hepatitis C Treatment in Jails and Prisons

Key Dates

Filing Date: Oct. 9, 2015

Closing Date: April 9, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is an incarcerated individual in the Pennsylvania Department of Corrections with chronic Hepatitis C-Virus seeking Direct-Acting Antiviral treatment.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Pennsylvania Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Other Dockets:

Eastern District of Pennsylvania 2:15-cv-05593

U.S. Court of Appeals for the Third Circuit 16-03103

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

Medical/Mental Health Care:

Hepatitis

Medical care, general

Medical care, unspecified

Medication, administration of

Untreated pain

Recommended Citation