Case: Montanez v. Price

COMPLAINT against All Defendants lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Jose Montanez.(lp) (Entered: 08/15/2022)

PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: # 1 Notice of Consent, # 2 Instruction Sheet, # 3 Fed and Local Rules, # 4 398 Forms, # 5 399 Form) (lp) (Entered: 08/15/2022)

THIRTY (30) DAY ADMINISTRATIVE ORDER directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed by LP on 08/15/2022. (Attachments: # 1 IFP (civil rights))(lp) (Entered: 08/15/2022)

Certified MOTION for Leave to Proceed in forma pauperis by Jose Montanez.(sm) (Entered: 09/06/2022)

Uncertified Prisoner Trust Fund Account Statement by Jose Montanez. (sm) (Entered: 09/06/2022)

AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff. (sm) (Entered: 09/06/2022)

ORDER Granting Application to Proceed IFP; ORDER DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND 399 WAIVERS FORMS to defendants; GRANTING 4 Motion for Leave to Proceed in forma pauperis; Complaint is deemed FILED; cc to Warden re PLRA filing fee payments Signed by Honorable Robert D. Mariani on 9/8/22. (sm) (Entered: 09/08/2022)

Waiver of Service forms (AO 398 and 399),Complaint and Order 7, Mailed to All Defendants /PA Atty General Waiver of Service due by 10/11/2022. (sm) (Entered: 09/08/2022)

Receipt of payment from JOSE MONTANEZ in the amount of $6.55 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 10/6/2022. Receipt number 333101336 processed by Anne Oswald. (jjs)

WAIVER OF SERVICE Returned by N. Davis, R. Ellers, Mary Patton, Paula Price, C. Wakefield, Nurse Mel. (Hambright, Mari) (Entered: 10/11/2022)

Receipt of payment from JOSE MONTANEZ in the amount of $48.02 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 11/3/2022. Receipt number 333101747 processed by EP. (jjs)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by N. Davis, R. Ellers, Nurse Mel, Mary Patton, Paula Price, C. Wakefield. (Attachments: # 1 Proposed Order)(Hambright, Mari) (Entered: 11/07/2022)

NOTICE of Appearance by Keanna Adinae Seabrooks on behalf of Dr. Edwards, Dr. Mahli, Mary Patton, Dr. Preston (Seabrooks, Keanna) (Entered: 11/07/2022)

MOTION for Extension of Time to File Response to Plaintiff's Complaint by Dr. Edwards, Dr. Mahli, Gabrelle Nalley, Dr. Preston. (Attachments: # 1 Proposed Order)(Seabrooks, Keanna) (Entered: 11/07/2022)

NOTICE of Appearance by Samuel H. Foreman on behalf of Dr. Edwards, Dr. Mahli, Gabrelle Nalley, Dr. Preston (Foreman, Samuel) (Entered: 11/07/2022)

ORDER granting 12 Motion for Extension of Time to File response to complaint. On or before 12/26/22, Defts Dr. Preston, Dr. Mahli, Dr. Edwards, and PA Nalley shall answer or otherwise respond to the complaint. Signed by Honorable Robert D Mariani on 11/8/22 (ao) (Entered: 11/08/2022)

BRIEF IN SUPPORT re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by N. Davis, R. Ellers, Nurse Mel, Mary Patton, Paula Price, C. Wakefield.(Hambright, Mari) (Entered: 11/21/2022)

ATTORNEY SUBSTITUTION - Withdrawal and Entry of Attorney Appearance. Attorney Mari Hambright terminated. Attorney Francis H. Pryzbylkowski for N. Davis,Francis H. Pryzbylkowski for R. Ellers,Francis H. Pryzbylkowski for Nurse Mel,Francis H. Pryzbylkowski for Mary Patton,Francis H. Pryzbylkowski for Paula Price,Francis H. Pryzbylkowski for C. Wakefield added. (Pryzbylkowski, Francis) (Entered: 12/06/2022)

Receipt of payment from JOSE MONTANEZ in the amount of $47.88 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 12/5/2022. Receipt number 333102167 processed by GR. (jjs)

MOTION for Extension of Time to respond to m/dismiss,/ to Appoint Counsel by Jose Montanez.(sm) (Entered: 12/19/2022)

ORDER granting 17 Motion to Extend Time. On or before 1/19/23, Plaintiff shall file a brief in opposition to the Commonwealth Defendants' motion to dismiss (Doc. 10). See Order for details. Signed by Honorable Robert D Mariani on 12/21/22 (jam) (Entered: 12/21/2022)

MOTION to Dismiss Plaintiff's Complaint at ECF No. 1 by Dr. Edwards, Dr. Mahli, Gabrelle Nalley, Dr. Preston. (Attachments: # 1 Proposed Order)(Seabrooks, Keanna) (Entered: 12/27/2022)

BRIEF IN SUPPORT re 19 MOTION to Dismiss Plaintiff's Complaint at ECF No. 1 filed by Dr. Edwards, Dr. Mahli, Gabrelle Nalley, Dr. Preston.(Seabrooks, Keanna) (Entered: 12/27/2022)

ORDER denying 17 Motion to Appoint Counsel. Signed by Honorable Robert D Mariani on 12/28/22 (jam) (Entered: 12/28/2022)

MOTION to Amend/Correct 1 Complaint by Jose Montanez.(sm) (Entered: 01/06/2023)

ORDER granting 22 Motion for leave to amend the complaint. On or before 1/26/23, Plaintiff shall FILE a proposed amended complaint. See Order for full details. Signed by Honorable Robert D Mariani on 1/9/23 (jam) (Entered: 01/09/2023)

Receipt of payment from JOSE MONTANEZ in the amount of $41.49 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 1/9/2023. Receipt number 333102594 processed by SM. (jjs)

AMENDED COMPLAINT against All Defendants, filed by Jose Montanez.(sm) (Entered: 01/27/2023)

MOTION to Appoint Counsel by Jose Montanez.(sm) (Entered: 01/27/2023)

Receipt of payment from JOSE MONTANEZ in the amount of $13.44 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 2/3/2023. Receipt number 333103040 processed by AO. (jjs)

NOTICE of Appearance by Francis H. Pryzbylkowski on behalf of John Rivello, State Of Pennsylvania (Pryzbylkowski, Francis) (Entered: 02/10/2023)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by N. Davis, R. Ellers, Nurse Mel, Mary Patton, Paula Price, John Rivello, State Of Pennsylvania, C. Wakefield. (Attachments: # 1 Proposed Order)(Pryzbylkowski, Francis) (Entered: 02/10/2023)

1 Proposed Order

View on RECAP

BRIEF IN SUPPORT re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by N. Davis, R. Ellers, Nurse Mel, Mary Patton, Paula Price, John Rivello, State Of Pennsylvania, C. Wakefield.(Pryzbylkowski, Francis) (Entered: 02/10/2023)

MOTION to Dismiss Amended Complaint by Dr. Edwards, Dr. Mahli, Gabrelle Nalley, Dr. Preston, Wellpath Care. (Attachments: # 1 Proposed Order)(Seabrooks, Keanna) (Entered: 02/10/2023)

BRIEF IN SUPPORT re 29 MOTION to Dismiss Amended Complaint filed by Dr. Edwards, Dr. Mahli, Gabrelle Nalley, Dr. Preston, Wellpath Care.(Seabrooks, Keanna) (Entered: 02/10/2023)

MOTION to Appoint Counsel by Jose Montanez.(sm) (Entered: 02/14/2023)

ORDER - The Amended Complaint 24 is accepted as filed and this matter shall proceed on the Amended Complaint; the 10 19 MOTIONS TO DISMISS the original complaint are DISMISSED as Moot; The Commonwealth of PA is DISMISSED as a party to this action and shall be terminated; The Clerk of Court is directed to serve the Amended Complaint, forms AO398 and AO399 and this Order upon the newly named dfts, Superintendent John Rivello and Well Path Care. Signed by Honorable Robert D Mariani on 2/14/23. (sm) (Entered: 02/15/2023)

Waiver of Service forms (AO 398 and 399), Amended Complaint, doc 32 Mailed to Dfts,John Rivello, and Wellpath Care Waiver of Service due by 3/20/2023. (sm) (Entered: 02/17/2023)

Discovery Material by Jose Montanez. [ (sm) (Entered: 02/28/2023)

NOTICE OF APPEAL in Prisoner Case as to 32 Order Terminating DOC as Defendant by Jose Montanez. Filing Fee and Docket Fee Not paid. Motion for IFP Granted. 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. (sm) (Entered: 03/08/2023)

Receipt of payment from JOSE MONTANEZ in the amount of $21.44 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 3/6/2023. Receipt number 333103500 processed by EP. (jjs)

MOTION to Alter Judgment by Jose Montanez.(ep) (Entered: 03/20/2023)

BRIEF IN SUPPORT re 37 MOTION to Alter Judgment filed by Jose Montanez.(ep) (Entered: 03/20/2023)

Receipt of payment from JOSE MONTANEZ in the amount of $12.41 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 4/5/2023. Receipt number 333104016 processed by EP. (jjs)

ORDER: IT IS HEREBY ORDERED THAT: On or before 4/26/23, Plaintiff shall file briefs in opposition to Defendants' motions (Docs. 27, 29) to dismiss. Failure to timely file opposition briefs will result in Defendants' motions (Docs. 27, 29) being deemed unopposed. Signed by Honorable Robert D Mariani on 4/12/23. (jam) (Entered: 04/12/2023)

BRIEF IN OPPOSITION re 29 MOTION to Dismiss Amended Complaint filed by Jose Montanez. (Attachments: # 1 Exhibit(s))(sm) (Entered: 04/28/2023)

1 Exhibit(s)

View on RECAP

BRIEF IN OPPOSITION re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jose Montanez. (Attachments: # 1 Exhibit(s))(sm) (Entered: 04/28/2023)

1 Exhibit(s)

View on PACER

Receipt of payment from JOSE MONTANEZ in the amount of $4.55 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 5/4/2023. Receipt number 333104496 processed by EP. (jjs)

Receipt of payment from JOSE MONTANEZ in the amount of $5.80 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 6/6/2023. Receipt number 333104971 processed by AO. (jjs)

ORDER of USCA as to 35 Notice of Appeal, filed by Jose Montanez. The foregoing motion to proceed in forma pauperis is granted. Appellant is a prisoner and seeks to proceed in forma pauperis on appeal. Appellant is required to pay the full $505.00 fee in installments regardless of the outcome of the appeal. 28 U.S.C. Section 1915 (b). The Court hereby directs the warden or his or her designee to assess an initial filing fee, when funds are available, of 20% of the greater of (a) the average monthly deposits to the prisoner's account; or (b) the average monthly balance in the prisoner's account for the six month period immediately preceding the filing of the notice of appeal. The warden, or his or her designee, shall calculate, collect, and forward the initial payment assessed in this order to the United States District Court for the Middle District of Pennsylvania. (Attachments: # 1 Clerk's Letter to Warden)(King, James) (Entered: 07/03/2023)

Receipt of payment from JOSE MONTANEZ in the amount of $5.80 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 7/5/2023. Receipt number 333105336 processed by AO. (tp)

Receipt of payment from JOSE MONTANEZ in the amount of $0.42 for Civil Filing Fee/PLRA/CCAM. Transaction posted on 8/4/2023. Receipt number 333105798 processed by EP. (tp)

CERTIFIED ORDER of USCA in lieu of formal MANDATE as to 35 Notice of Appeal, filed by Jose Montanez (King, James) (Entered: 08/18/2023)

ORDER denying 25 31 Motions to Appoint Counsel ; If further proceedings demonstrate the need for counsel, the matter will be reconsidered. Signed by Honorable Robert D Mariani on 8/21/23 (sm) (Entered: 08/21/2023)

MEMORANDUM (Order to follow as separate docket entry) Signed by Honorable Robert D Mariani on 8/23/23. (sm) (Entered: 08/23/2023)

ORDER (memorandum filed previously as separate docket entry), GRANTING dfts' motions to dismiss 27 29 ; Plaintiff's motion to alter judgment 37 is dismissed; Clerk of Court is directed to CLOSE this case; Any appeal from this order is deemed frivolous and not in good faith. Signed by Honorable Robert D Mariani on 8/23/23. (sm) (Entered: 08/23/2023)

NOTICE OF APPEAL in PRISONER PRO SE Case as to 45 Memorandum (Order to follow as separate docket entry), 46 Order (memorandum filed previously as separate docket entry),, Order Dismissing Case, by Jose Montanez. Filing Fee and Docket Fee NOT PAID. Filing fee $ 505 Motion for IFP GRANTED. 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. (Attachments: # 1 USCA Letter)(ep) (Entered: 09/11/2023)

1

View on RECAP

USCA LETTER TO DISTRICT COURT CLERK re: Forwarding Notice of Appeal filed by Jose Montanez to District Court. (Attachments: # 1 Letter)(Tonya) (Entered: 09/11/2023)

ORDER of USCA as to 48 Notice of Appeal,, filed by Jose Montanez. The motion to proceed in forma pauperis is granted. Appellant is a prisoner and seeks to proceed in forma pauperis on appeal. Appellant is required to pay the full $505.00 fee in installments regardless of the outcome of the appeal. 28 U.S.C. Section 1915 (b). The Court hereby directs the warden or his or her designee to assess an initial filing fee, when funds are available, of 20% of the greater of (a) the average monthly deposits to the prisoner's account; or (b) the average monthly balance in the prisoner's account for the six-month period immediately preceding the filing of the notice of appeal. The warden, or his or her designee, shall calculate, collect, and forward the initial payment assessed in this order to the United States District Court for the Middle District of Pennsylvania. (King, James) (Entered: 10/04/2023)

DECLARATION by Jose Montanez. (Attachments: # 1 Exhibit(s))(ep) (Entered: 12/04/2023)

REQUEST for info if Rule 65 Request was received by Jose Montanez. (Copy docket sheet mailed Montanez this date); (ep) (Main Document 52 replaced on 12/21/2023) (ep). (Entered: 12/21/2023)

Receipt of payment from JOSE MONTANEZ in the amount of $10.63 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 3/5/2024. Receipt number 333108733 processed by DJ. (jjs)

Receipt of payment from JOSE MONTANEZ in the amount of $6.76 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 7/8/2024. Receipt number 333110633 processed by CP. (jjs)

Receipt of payment from JOSE MONTANEZ in the amount of $6.49 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 8/9/2024. Receipt number 333111120 processed by CP. (jjs)

Receipt of payment from JOSE MONTANEZ in the amount of $8.69 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 9/9/2024. Receipt number 333111518 processed by DJ. (jjs)

Receipt of payment from JOSE MONTANEZ in the amount of $7.15 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 10/8/2024. Receipt number 333111935 processed by EP. (jjs)

SUGGESTION OF BANKRUPTCY Upon the Record as to Wellpath LLC by Wellpath Care, Dr. Mahli, Gabrelle Nalley, Dr. Preston, Dr. Edwards. (Attachments: # 1 Petition for Ch. 11 Bankruptcy, # 2 Stay Order)(Seabrooks, Keanna) (Entered: 11/15/2024)

Receipt of payment from JOSE MONTANEZ in the amount of $2.76 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 6/24/2025. Receipt number 333115476 processed by AO. (jjs)