Pilchesky v. Henry et al
| Pennsylvania Middle District Court | |
| Judge: | Joseph F Saporito, Jr |
| Case #: | 3:24-cv-00045 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:2201 Declaratory Judgement |
| Case Filed: | Jan 10, 2024 |
| Terminated: | Mar 28, 2025 |
| Last checked: Monday Jul 08, 2024 4:47 AM EDT |
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Defendant
Michelle Henry
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Represented By
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Defendant
The Office of the Attorney General of Pennsylvania
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Represented By
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Plaintiff
Joseph Pilchesky
3714 Birney Ave, First Floor
Moosic, PA 18507 |
| Docket last updated: 05/08/2025 11:59 PM EDT |
| Monday, April 28, 2025 | ||
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utility
ADI Receipt Entry
Mon 04/28 1:31 PM
Receipt of payment from DPAM324CV000045 in the amount of $605.00 for Notice of Appeal/Docketing Fee. Transaction posted on 4/25/2025. Receipt number 333114666 processed by CP. (jjs) |
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| Thursday, April 24, 2025 | ||
| 28 | 28
appeal
Notice of Appeal
Fri 04/25 11:26 AM
NOTICE OF APPEAL in PRO SE NON-PRISONER Case as to23 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Report and Recommendations, by Joseph Pilchesky. Filing Fee and Docket Fee PAID. Filing fee $ 605 Receipt Number: 333114666 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.(ep) |
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Att: 1
Appeal Fee
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| Monday, April 21, 2025 | ||
| 27 | 27
3
pgs
order
Order on Motion for Reconsideration
Mon 04/21 3:41 PM
ORDER denying25 Motion for Reconsideration Signed by District Judge Joseph F Saporito, Jr on 4/21/25 (ms) |
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| Friday, April 18, 2025 | ||
| 26 | 26
misc
Praecipe (If Document is to Issue a Writ - Use Events Listed Below)
Fri 04/18 4:41 PM
Praecipe to Attach Missing Exhibit A and B to25 Motion for Reconsideration.(ep) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Thursday, April 17, 2025 | ||
| 25 | 25
motion
Reconsideration
Thu 04/17 10:03 AM
MOTION for Reconsideration re23 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Report and Recommendations by Joseph Pilchesky.(ep) |
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Att: 1
Proposed Order
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| Monday, March 31, 2025 | ||
| 24 | 24
misc
Reply (Do not use this event if your document is a Brief)
Mon 03/31 10:44 AM
REPLY by Joseph Pilchesky to22 Response. (dj) |
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| Friday, March 28, 2025 | ||
| 23 | 23
3
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Strike Order on Motion for Miscellaneous Relief Order on Report and Recommendations
Fri 03/28 9:00 AM
ORDER granting9 Motion to Dismiss for Failure to State a Claim; denying15 Motion to Strike ; denying19 Motion ; adopting20 Report and Recommendations. The report and recommendation of Judge Arbuckle (Doc. 20) is ADOPTED;2.The defendants motion to dismiss (Doc. 9) is GRANTED insofar as it requests dismissal of the plaintiffs equal protection claim for lack of subject matter jurisdiction under the Rooker-Feldman doctrine;3.The plaintiffs pro se complaint is DISMISSED in its entirety for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedurethe plaintiffs equal protection claim is dismissed for lack of subject matter jurisdiction under the Rooker-Feldman doctrine on the motion of the defendants, and his First Amendment claim is dismissed sua sponte for lack of subject matter jurisdiction because the plaintiff lacks Article III standing.4.The plaintiffs pro se motion to strike the defendants reply brief (Doc. 15) and the plaintiffs pro se motion for finality (Doc. 19) are DENIED; and5. The clerk shall mark this case as CLOSED. Signed by District Judge Joseph F Saporito, Jr on 3/28/25 (ms) |
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| Tuesday, March 18, 2025 | ||
| 22 | 22
misc
Response (Do not use this event if your document is a Brief)
Tue 03/18 4:40 PM
RESPONSE by Michelle Henry, The Office of the Attorney General of Pennsylvania to21 Objection to Report and Recommendations . (Frasch, Jacob) |
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| Tuesday, March 11, 2025 | ||
| 21 | 21
respoth
Objection to Report and Recommendations
Tue 03/11 4:21 PM
OBJECTION to20 Report and Recommendations. (ep) |
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| Friday, February 21, 2025 | ||
| 20 | 20
motion
Report and Recommendations
Fri 02/21 2:00 PM
REPORT AND RECOMMENDATIONS re9 MOTION to Dismiss for Failure to State a Claim filed by Michelle Henry, The Office of the Attorney General of Pennsylvania,15 MOTION to Strike14 Defendants' Reply Brief, and19 MOTION for finality and disposition of Pltf's Complaint in Declaratory Judgment that was filed on January 10, 2025 filed by Joseph Pilchesky - it is RECOMMENDED that: (1) Plaintiff's motion to strike Defendants' reply brief (Doc. 15) be DENIED. (2) Plaintiff's complaint be DISMISSED in its entirety without prejudice due to lack of subject-matter jurisdiction as follows: Defendants motion to dismiss (Doc. 9) be GRANTED insofar as it requests dismissal of Plaintiff's equal protection claim for lack of subject matter jurisdiction under Rooker-Feldman. Plaintiff's First Amendment claim be dismissed sua sponte due to lack of Article III standing. (3) Plaintiff's motion for finality (Doc. 19) be DENIED. (4) The Clerk of Court be instructed to CLOSE this case. Objections to R&R due by 3/12/2025. Signed by Magistrate Judge William I. Arbuckle on 2/21/2025. (caw) |
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| Wednesday, February 19, 2025 | ||
| 19 | 19
motion
Miscellaneous Relief
Wed 02/19 4:59 PM
MOTION for finality and disposition of Pltf's Complaint in Declaratory Judgment that was filed on January 10, 2025 by Joseph Pilchesky.(ao) |
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Att: 1
Proposed Order,
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Att: 2
Exhibit A
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| Tuesday, September 03, 2024 | ||
| 18 | 18
notice
Notice of Change of Address
Tue 09/03 12:35 PM
NOTICE of Change of Address by Joseph Pilchesky (ep) |
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| Wednesday, August 28, 2024 | ||
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order
Verbal Order Reassigning Case
Wed 08/28 10:05 AM
VERBAL ORDER REASSIGNING CASE - Case reassigned to District Judge Joseph F Saporito, Jr for all further proceedings. (cd) |
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| Monday, May 13, 2024 | ||
| 17 | 17
respm
Reply Brief
Mon 05/13 3:24 PM
REPLY BRIEF re15 MOTION to Strike14 Reply Brief filed by Joseph Pilchesky.(ep) |
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Att: 1
Proposed Order
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| Tuesday, April 30, 2024 | ||
| 16 | 16
respm
Brief in Opposition (Do not use for Summary Judgment Motions)
Tue 04/30 3:37 PM
BRIEF IN OPPOSITION re15 MOTION to Strike14 Reply Brief filed by Michelle Henry, The Office of the Attorney General of Pennsylvania.(Frasch, Jacob) |
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Att: 1
Unpublished Opinion(s)
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| Tuesday, April 16, 2024 | ||
| 15 | 15
motion
Strike
Tue 04/16 4:48 PM
MOTION to Strike14 Reply Brief by Joseph Pilchesky.(ep) |
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Att: 1
Opinions,
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Att: 2
Proposed Order
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| Tuesday, April 09, 2024 | ||
| 14 | 14
respm
Reply Brief
Tue 04/09 9:12 AM
REPLY BRIEF re9 MOTION to Dismiss for Failure to State a Claim filed by Michelle Henry, The Office of the Attorney General of Pennsylvania.(Frasch, Jacob) |
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Att: 1
Exhibit(s) Exhibit 1
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| Friday, April 05, 2024 | ||
| 13 | 13
misc
Attorney Withdrawal of Appearance
Fri 04/05 2:39 PM
WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Nicole R DiTomo terminated on behalf of Defendants Michelle Henry and The Office of the Attorney General of Pennsylvania. (DiTomo, Nicole) |
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| Tuesday, April 02, 2024 | ||
| 12 | 12
respm
Brief in Opposition (Do not use for Summary Judgment Motions)
Tue 04/02 11:02 AM
BRIEF IN OPPOSITION re9 MOTION to Dismiss for Failure to State a Claim filed by Joseph Pilchesky.(ep) |
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Att: 1
Exhibit A - St. Thomas-St. John Hotel v. Govern. of US VI,
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Att: 2
Exhibit B - Great WEstern Mining & Mineral Co. v. Fox Rothschild, LLP,
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Att: 3
Exhibit C - The Constitutional Question
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| Monday, March 25, 2024 | ||
| 11 | 11
1
pgs
order
Order
Mon 03/25 10:55 AM
BRIEFING ORDER re9 MOTION to Dismiss for Failure to State a Claim filed by Michelle Henry, The Office of the Attorney General of Pennsylvania - IT IS HEREBY ORDERED THAT Plaintiff will file a brief in opposition to Defendants' motion on or before 4/2/2024. Plaintiff is also advised that failure to file a brief in opposition may result in Defendants' motion being deemed unopposed, or the dismissal of this case. Signed by Magistrate Judge William I. Arbuckle on 3/25/2024. (caw) |
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| Tuesday, March 19, 2024 | ||
| 10 | 10
respm
Brief in Support (Do not use for Summary Judgment Motions)
Tue 03/19 4:16 PM
BRIEF IN SUPPORT re9 MOTION to Dismiss for Failure to State a Claim filed by Michelle Henry, The Office of the Attorney General of Pennsylvania.(Frasch, Jacob) |
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Att: 1
Exhibit(s) Exhibit 1
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| 9 | 9
motion
Dismiss for Failure to State a Claim
Tue 03/19 4:14 PM
MOTION to Dismiss for Failure to State a Claim by Michelle Henry, The Office of the Attorney General of Pennsylvania.(Frasch, Jacob) |
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Att: 1
Proposed Order
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| Thursday, March 14, 2024 | ||
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order
Verbal Order Reassigning Case
Thu 03/14 5:19 PM
VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Malachy E Mannion and referred to Magistrate Judge William I. Arbuckle as one or more parties have not consented to the jurisdiction of a U.S. Magistrate Judge. (jkc) |
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| Wednesday, February 28, 2024 | ||
| 8 | 8
misc
Consent Form Sent (For Direct Assignment Cases to Magistrate Judges)
Wed 02/28 10:22 AM
CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to All Parties YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE COMPLETED FORM MUST BE E-MAILED TO consents@pamd.uscourts.gov OR IF YOU DO NOT HAVE AN E-MAIL ACCOUNT YOU MAY MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 3/29/2024. (caw) |
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| Friday, February 23, 2024 | ||
| 7 | 7
notice
Attorney Appearance - Entry of Appearance
Fri 02/23 4:51 PM
NOTICE of Appearance by Nicole R DiTomo on behalf of Michelle Henry, The Office of the Attorney General of Pennsylvania. (DiTomo, Nicole) |
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| 6 | 6
service
Waiver of Service Executed
Fri 02/23 4:48 PM
WAIVER OF SERVICE Returned by The Office of the Attorney General of Pennsylvania, Michelle Henry. The Office of the Attorney General of Pennsylvania waiver sent on 1/19/2024, answer due 3/19/2024; Michelle Henry waiver sent on 1/19/2024, answer due 3/19/2024. (Frasch, Jacob) |
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| 5 | 5
notice
Attorney Appearance - Entry of Appearance
Fri 02/23 4:45 PM
NOTICE of Appearance by Jacob Frasch on behalf of Michelle Henry, The Office of the Attorney General of Pennsylvania. (Frasch, Jacob) |
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| Friday, January 12, 2024 | ||
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utility
ADI Receipt Entry
Fri 01/12 1:30 PM
Receipt of payment from DPAM324CV000045 in the amount of $405.00 for Civil Filing Fee- Non-Prisoner. Transaction posted on 1/11/2024. Receipt number 333107960 processed by EP. (jjs) |
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| Thursday, January 11, 2024 | ||
| 4 | 4
service
Summons Issued
Thu 01/11 10:43 AM
Summons Issued as to Michelle Henry, The Office of the Attorney General of Pennsylvania and provided TO PLAINTIFF VIA U.S. MAIL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (nr) |
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Att: 1
Summons Packet
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| 3 | 3
misc
Pro Se Letter issued - MJ IS PRESIDING JUDGE
Thu 01/11 10:42 AM
PRO SE LETTER ISSUED providing the case number. (nr) ( #1 Excerpts of Local and Federal Rules) (nr) |
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| 2 | 2
misc
Filing Fee Received (Receipt)
Thu 01/11 10:40 AM
Filing Fee Receipt: $ 405, receipt number 333107960. (nr) |
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| Wednesday, January 10, 2024 | ||
| 1 | 1
cmp
Complaint
Thu 01/11 10:39 AM
COMPLAINT against Michelle Henry, The Office of the Attorney General of Pennsylvania ( Filing fee $405, Receipt Number 333107960), filed by Joseph Pilchesky.(nr) |
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Att: 1
Exhibit A - 12/6/2016, PA Superior Court interpretation of intent and meaning of 42 Pa. C.S.A 2524(a),
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Att: 2
Exhibit B - Plt 8/5/2022 Petition for HC filed in Lackawanna County at 2013 CR 1075,
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Att: 3
Exhibit C - Commonwealth's Response to Plt Petition for HC,
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Att: 4
Exhibit D - Trial Court's Rule of Crim. Procedure 904 - Notice to Dismiss Plt Petition for HC,
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Att: 5
Exhibit E - Plt's Objections to Trial Court's Rule 907 - Notice to Dismiss Petition for HC,
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Att: 6
Exhibit F - Trial Court's Order that dismissed Plt's Petition for HC,
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Att: 7
Civil Cover Sheet
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