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)

Documents in the Clearinghouse

Document
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

16-03103

Opinion

U. S. Court of Appeals for the Third Circuit

Feb. 13, 2017

Feb. 13, 2017

Order/Opinion
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 May 20, 2023, 3 a.m.

ECF Number Description Date Link Date / Link
1

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)

Oct. 9, 2015

Oct. 9, 2015

PACER
2

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)

Oct. 16, 2015

Oct. 16, 2015

PACER
3

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)

Oct. 16, 2015

Oct. 16, 2015

Clearinghouse
4

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)

Oct. 16, 2015

Oct. 16, 2015

PACER
5

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

Oct. 16, 2015

Oct. 16, 2015

PACER
6

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

Oct. 16, 2015

Oct. 16, 2015

PACER
7

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)

Nov. 10, 2015

Nov. 10, 2015

PACER

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

Nov. 12, 2015

PACER
8

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)

Nov. 19, 2015

Nov. 19, 2015

PACER
9

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)

Dec. 11, 2015

Dec. 11, 2015

PACER
10

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

Dec. 11, 2015

Dec. 11, 2015

PACER
11

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)

Dec. 11, 2015

Dec. 11, 2015

PACER
12

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)

Dec. 14, 2015

Dec. 14, 2015

PACER
13

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)

Jan. 20, 2016

Jan. 20, 2016

PACER
14

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

March 16, 2016

March 16, 2016

PACER
15

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)

March 18, 2016

March 18, 2016

PACER
16

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)

March 24, 2016

March 24, 2016

PACER
17

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)

April 18, 2016

April 18, 2016

PACER
18

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

June 3, 2016

June 3, 2016

PACER
19

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)

June 14, 2016

June 14, 2016

Clearinghouse
20

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)

June 14, 2016

June 14, 2016

RECAP
21

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)

July 6, 2016

July 6, 2016

PACER
22

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

July 6, 2016

July 6, 2016

PACER
23

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)

March 7, 2017

March 7, 2017

Clearinghouse
24

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

March 28, 2017

March 28, 2017

PACER
25

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)

April 7, 2017

April 7, 2017

PACER
26

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)

April 14, 2017

April 14, 2017

PACER
27

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)

April 17, 2017

April 17, 2017

PACER
28

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)

April 27, 2017

April 27, 2017

PACER
29

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)

April 28, 2017

April 28, 2017

PACER

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

April 28, 2017

April 28, 2017

PACER
30

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)

June 29, 2017

June 29, 2017

PACER
31

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

July 3, 2017

July 3, 2017

PACER
32

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

July 6, 2017

July 6, 2017

PACER
33

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)

July 13, 2017

July 13, 2017

PACER
34

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)

July 19, 2017

July 19, 2017

PACER
35

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)

Aug. 24, 2017

Aug. 24, 2017

PACER
36

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)

Sept. 14, 2017

Sept. 14, 2017

PACER
37

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)

Oct. 3, 2017

Oct. 3, 2017

PACER
38

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

March 5, 2018

March 5, 2018

PACER
39

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)

March 12, 2018

March 12, 2018

PACER
40

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

May 24, 2018

May 24, 2018

PACER
41

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

July 2, 2018

July 2, 2018

PACER
42

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

July 12, 2018

July 12, 2018

PACER
43

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)

July 24, 2018

July 24, 2018

PACER
44

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)

July 26, 2018

July 26, 2018

PACER
45

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)

July 26, 2018

July 26, 2018

PACER
46

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

Aug. 10, 2018

Aug. 10, 2018

PACER
47

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)

Aug. 21, 2018

Aug. 21, 2018

PACER
48

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)

Aug. 23, 2018

Aug. 23, 2018

PACER
49

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

Aug. 28, 2018

Aug. 28, 2018

PACER
50

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)

Sept. 5, 2018

Sept. 5, 2018

PACER
51

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)

Sept. 5, 2018

Sept. 5, 2018

PACER
52

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

Sept. 28, 2018

Sept. 28, 2018

PACER
53

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

Nov. 2, 2018

Nov. 2, 2018

PACER
54

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

Nov. 14, 2018

Nov. 14, 2018

PACER
55

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)

March 5, 2019

March 5, 2019

PACER
56

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)

March 25, 2019

March 25, 2019

PACER
57

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)

April 17, 2019

April 17, 2019

PACER
58

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)

April 23, 2019

April 23, 2019

PACER
59

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)

May 14, 2019

May 14, 2019

RECAP
60

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

May 28, 2019

May 28, 2019

PACER
61

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)

June 3, 2019

June 3, 2019

PACER
62

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

June 5, 2019

June 5, 2019

PACER
63

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)

June 10, 2019

June 10, 2019

PACER
64

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)

July 15, 2019

July 15, 2019

PACER
65

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

July 15, 2019

July 15, 2019

RECAP
66

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)

July 22, 2019

July 22, 2019

PACER
67

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)

March 30, 2020

March 30, 2020

PACER
68

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)

March 30, 2020

March 30, 2020

PACER

Memorandum and/or Opinion

March 30, 2020

March 30, 2020

PACER

Memorandum and/or Opinion Order

March 30, 2020

March 30, 2020

PACER
69

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

May 26, 2020

May 26, 2020

PACER

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

July 15, 2020

July 15, 2020

PACER

Remark

July 15, 2020

July 15, 2020

PACER

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

July 22, 2020

July 22, 2020

PACER

Filing Fee Received

July 23, 2020

July 23, 2020

PACER
70

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

Oct. 16, 2020

Oct. 16, 2020

PACER
71

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)

Nov. 2, 2020

Nov. 2, 2020

PACER
72

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

Nov. 16, 2020

Nov. 16, 2020

PACER
73

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)

Dec. 10, 2020

Dec. 10, 2020

PACER

Remark

Dec. 16, 2020

Dec. 16, 2020

PACER

APPEAL FEE LETTER SENT TO PRO SE (JL )

Dec. 16, 2020

Dec. 16, 2020

PACER
74

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)

Dec. 17, 2020

Dec. 17, 2020

PACER
75

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

Jan. 5, 2021

Jan. 5, 2021

PACER
77

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

Jan. 20, 2021

Jan. 20, 2021

PACER
78

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

Jan. 20, 2021

Jan. 20, 2021

PACER
76

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)

Feb. 2, 2021

Feb. 2, 2021

PACER
79

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)

April 9, 2021

April 9, 2021

Clearinghouse

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

April 12, 2021

April 12, 2021

PACER
80

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)

April 15, 2021

April 15, 2021

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Prison Conditions

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

Pennsylvania Department of Corrections (Chester), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

Medical/Mental Health:

Hepatitis

Medical care, general

Medical care, unspecified

Medication, administration of

Untreated pain

Type of Facility:

Government-run