Mickens v. Clark et al
| Pennsylvania Middle District Court | |
| Judge: | Yvette Kane |
| Referred: | Sh |
| Case #: | 1:24-cv-00190 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Feb 01, 2024 |
Defendant
A.J. Taylor
|
|
Defendant
Heather Haldeman
|
|
Defendant
R.G. Pollock
|
|
Defendant
Sharon Clark
|
|
Plaintiff
Rashan Mickens
|
GPO
Mar 31 2025
MEMORANDUM (Order to follow as separate docket entry) RE: 10 MOTION to Dismiss filed by Heather Haldeman, Sharon Clark, A.J. Taylor, R.G. Pollock. Signed by Honorable Yvette Kane on 3/31/25. (rw). |
|
|
GPO
Mar 31 2025
ORDER (memorandum filed previously as separate docket entry)IT IS ORDERED THAT:1. Pursuant to the Courts screening authority under 28 U.S.C. § 1915(e)(2)(B), the following claims from the complaint are DISMISSED WITH PREJUDICE:a. Mickenss requested injunctive relief that Defendants be removed from their jobs and disciplined; and b. Mickenss 42 U.S.C. § 1983 (Section 1983) claims for: (1) civil conspiracy; (2) a violation of the Eighth Amendment based on Pollocks alleged use of homophobic, racist, foul, and vulgar language on May 11 and 17, 2023; and (3) monetary damages against Defendants in their individual capacities; 2. Pursuant to the Courts screening authority under 28 U.S.C. § 1915(e)(2)(B), Mickenss Section 1983 claim for monetary damages against Defendants in their official capacities is DISMISSED WITHOUT PREJUDICE; 3. Defendants motion to dismiss the complaint 10 is GRANTED, and Mickenss Section 1983 First Amendment retaliation claims asserted in his complaint are DISMISSED as follows: a. Mickenss claim against Clark based on her alleged actions in August 2023 is DISMISSED WITHOUT PREJUDICE; b. Mickenss claims against Haldeman, Pollock, and Taylor are DISMISSED WITH PREJUDICE; and c. Mickenss claim against Clark based solely on her review, investigation, and denial of his grievances submitted on May 17, 2023, and July 27, 2023, is DISMISSED WITH PREJUDICE; 4. The Clerk of Court is directed to TERMINATE Defendants Haldeman, Pollock, and Taylor on the docket for this case; 5. Mickens has thirty (30) days from the date of this Order to file an amended complaint. 6. In addition to sending Mickens a copy of this Order and the accompanying Memorandum, the Clerk of Court shall SEND Mickens a copy of the Courts standard form civil rights complaint for prisoners that includes the docket number for this case. Mickens may use this form to file his amended complaint if he chooses to do so; and 7. If Mickens does not timely file an amended complaint in accordance with paragraph five (5) of this Order, the Court will presume that he intends to stand on his original complaint. Mickenss inaction will be deemed as a desire to proceed on the original complaint under the stand-on-the-complaint doctrine, and this Order dismissing the complaint will become final. Signed by Honorable Yvette Kane on 3/31/25. (rw) |
| Docket last updated: 05/15/2025 11:59 PM EDT |
| Tuesday, May 13, 2025 | ||
| 22 | 22
motion
Dismiss for Failure to State a Claim
Tue 05/13 11:34 AM
MOTION to Dismiss for Failure to State a Claim by Sharon Clark.(Greiner, Erich) |
|
|
Att: 1
Proposed Order
|
||
| Tuesday, April 29, 2025 | ||
| 21 | 21
service
AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff
Tue 04/29 1:51 PM
AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff. (rw) |
|
| 20 | 20
cmp
Amended Complaint
Tue 04/29 1:51 PM
AMENDED COMPLAINT against Sharon Clark, filed by Rashan Mickens.(rw) |
|
|
Att: 1
Exhibit 1,
|
||
|
Att: 2
Exhibit 2,
|
||
|
Att: 3
Exhibit 3,
|
||
|
Att: 4
Exhibit 4
|
||
| Monday, March 31, 2025 | ||
| 19 | 19
3
pgs
order
Order (Memorandum filed previously as separate docket entry)
Mon 03/31 1:56 PM
ORDER (memorandum filed previously as separate docket entry)IT IS ORDERED THAT:1. Pursuant to the Courts screening authority under 28 U.S.C. § 1915(e)(2)(B), the following claims from the complaint are DISMISSED WITH PREJUDICE:a. Mickenss requested injunctive relief that Defendants be removed from their jobs and disciplined; and b. Mickenss 42 U.S.C. § 1983 (Section 1983) claims for: (1) civil conspiracy; (2) a violation of the Eighth Amendment based on Pollocks alleged use of homophobic, racist, foul, and vulgar language on May 11 and 17, 2023; and (3) monetary damages against Defendants in their individual capacities; 2. Pursuant to the Courts screening authority under 28 U.S.C. § 1915(e)(2)(B), Mickenss Section 1983 claim for monetary damages against Defendants in their official capacities is DISMISSED WITHOUT PREJUDICE; 3. Defendants motion to dismiss the complaint10 is GRANTED, and Mickenss Section 1983 First Amendment retaliation claims asserted in his complaint are DISMISSED as follows: a. Mickenss claim against Clark based on her alleged actions in August 2023 is DISMISSED WITHOUT PREJUDICE; b. Mickenss claims against Haldeman, Pollock, and Taylor are DISMISSED WITH PREJUDICE; and c. Mickenss claim against Clark based solely on her review, investigation, and denial of his grievances submitted on May 17, 2023, and July 27, 2023, is DISMISSED WITH PREJUDICE; 4. The Clerk of Court is directed to TERMINATE Defendants Haldeman, Pollock, and Taylor on the docket for this case; 5. Mickens has thirty (30) days from the date of this Order to file an amended complaint. 6. In addition to sending Mickens a copy of this Order and the accompanying Memorandum, the Clerk of Court shall SEND Mickens a copy of the Courts standard form civil rights complaint for prisoners that includes the docket number for this case. Mickens may use this form to file his amended complaint if he chooses to do so; and 7. If Mickens does not timely file an amended complaint in accordance with paragraph five (5) of this Order, the Court will presume that he intends to stand on his original complaint. Mickenss inaction will be deemed as a desire to proceed on the original complaint under the stand-on-the-complaint doctrine, and this Order dismissing the complaint will become final. Signed by Honorable Yvette Kane on 3/31/25. (rw) |
|
| 18 | 18
43
pgs
order
Memorandum (Order to follow as separate docket entry)
Mon 03/31 1:50 PM
MEMORANDUM (Order to follow as separate docket entry) RE:10 MOTION to Dismiss filed by Heather Haldeman, Sharon Clark, A.J. Taylor, R.G. Pollock. Signed by Honorable Yvette Kane on 3/31/25. (rw) |
|
| Monday, November 18, 2024 | ||
|
utility
ADI Receipt Entry
Mon 11/18 2:09 PM
Receipt of payment from RASHAN MICKENS in the amount of $83.50 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 11/15/2024. Receipt number 333112457 processed by EP. (jjs) |
||
| Wednesday, October 09, 2024 | ||
|
utility
ADI Receipt Entry
Wed 10/09 9:57 AM
Receipt of payment from RASHAN MICKENS in the amount of $21.16 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 10/8/2024. Receipt number 333111937 processed by EP. (jjs) |
||
| Tuesday, September 10, 2024 | ||
|
utility
ADI Receipt Entry
Tue 09/10 10:06 AM
Receipt of payment from RASHAN MICKENS in the amount of $29.80 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 9/9/2024. Receipt number 333111543 processed by DJ. (jjs) |
||
| Thursday, August 29, 2024 | ||
| 17 | 17
respm
Brief in Opposition (Do not use for Summary Judgment Motions)
Thu 08/29 11:33 AM
BRIEF IN OPPOSITION, re:10 MOTION to Dismiss filed by Rashan Mickens.(rw) |
|
| Thursday, August 15, 2024 | ||
| 16 | 16
2
pgs
order
Order on Motion to Extend Time
Thu 08/15 10:29 AM
ORDER - 1. The motion (Doc. No.15 ) is GRANTED IN PART and DENIED IN PART as follows: a. The motion, insofar as Mickens seeks an extension of time to file a response in opposition to Defendants motion to dismiss, is GRANTED; andb. The motion, insofar as Mickens seeks permission to file a response in opposition to Defendants motion to dismiss, is DENIED AS MOOT; and 2. Mickens shall have until September 17, 2024 to file a response in opposition to Defendants motion to dismiss. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 8/15/24. (dmn) |
|
| Monday, August 12, 2024 | ||
|
utility
ADI Receipt Entry
Mon 08/12 11:44 AM
Receipt of payment from RASHAN MICKENS in the amount of $24.49 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 8/9/2024. Receipt number 333111109 processed by CP. (jjs) |
||
| Friday, July 19, 2024 | ||
| 15 | 15
motion
Extension of Time
Fri 07/19 12:01 PM
MOTION for Extension of Time to File Reply to Defendant's Brief in Support of Motion to Dismiss filed by Rashan Mickens.(sh) |
|
|
Att: 1
Letter
|
||
| Friday, July 12, 2024 | ||
| 14 | 14
notice
Notice of Change of Address
Fri 07/12 11:26 AM
NOTICE of Change of Address by Rashan Mickens. Database updated. (ma) |
|
| Tuesday, July 09, 2024 | ||
|
utility
ADI Receipt Entry
Tue 07/09 10:21 AM
Receipt of payment from RASHAN MICKENS in the amount of $28.38 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 7/8/2024. Receipt number 333110606 processed by CP. (jjs) |
||
| Thursday, June 27, 2024 | ||
| 13 | 13
misc
Letter
Thu 06/27 11:25 AM
Letter from Rashan Mickens, RE: documents sent. (rw) |
|
| 12 | 12
notice
Notice of Change of Address
Thu 06/27 11:12 AM
NOTICE of Change of Address by Rashan Mickens. Address updated 6/27/24. (rw) |
|
| Wednesday, June 12, 2024 | ||
|
utility
ADI Receipt Entry
Wed 06/12 10:52 AM
Receipt of payment from RASHAN MICKENS in the amount of $51.72 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 6/11/2024. Receipt number 333110254 processed by EP. (jjs) |
||
| Monday, May 20, 2024 | ||
| 11 | 11
respm
Brief in Support (Do not use for Summary Judgment Motions)
Mon 05/20 10:46 AM
BRIEF IN SUPPORT re10 MOTION to Dismiss filed by Sharon Clark, Heather Haldeman, R.G. Pollock, A.J. Taylor.(Greiner, Erich) |
|
|
Att: 1
Unpublished Opinion(s)
|
||
| Tuesday, May 07, 2024 | ||
|
utility
ADI Receipt Entry
Tue 05/07 11:53 AM
Receipt of payment from RASHAN MICKENS in the amount of $56.72 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 5/6/2024. Receipt number 333109730 processed by DJ. (jjs) |
||
| Monday, May 06, 2024 | ||
| 10 | 10
motion
Dismiss
Mon 05/06 9:01 AM
MOTION to Dismiss by Sharon Clark, Heather Haldeman, R.G. Pollock, A.J. Taylor.(Greiner, Erich) |
|
|
Att: 1
Proposed Order
|
||
| Tuesday, April 09, 2024 | ||
|
utility
ADI Receipt Entry
Tue 04/09 9:25 AM
Receipt of payment from RASHAN MICKENS in the amount of $15.06 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 4/8/2024. Receipt number 333109296 processed by EP. (jjs) |
||
| Thursday, April 04, 2024 | ||
| 9 | 9
service
Waiver of Service Executed
Thu 04/04 11:22 AM
WAIVER OF SERVICE Returned by A.J. Taylor, Heather Haldeman, Sharon Clark, R.G. Pollock. (Greiner, Erich) |
|
| 8 | 8
notice
Attorney Appearance - Entry of Appearance
Thu 04/04 11:20 AM
NOTICE of Appearance by Erich Thomas Greiner on behalf of Sharon Clark, Heather Haldeman, R.G. Pollock, A.J. Taylor (Greiner, Erich) |
|
| Friday, March 22, 2024 | ||
|
utility
ADI Receipt Entry
Fri 03/22 10:14 AM
Receipt of payment from RASHAN MICKENS in the amount of $39.17 for Civil Filing Fee/PLRA/Non-Prisoner Installment/CCAM. Transaction posted on 3/21/2024. Receipt number 333109038 processed by EP. (tp) |
||
| Wednesday, March 06, 2024 | ||
| 7 | 7
service
Waiver of Service Forms Sent (AO 398 and 399) to Defendants
Wed 03/06 10:48 AM
Waiver of Service forms (AO 398 and 399) Mailed to All Defendants Waiver of Service due by 4/5/2024. (dmn) |
|
|
Att: 1
Labels
|
||
| 6 | 6
2
pgs
order
Order Directing Clerk's Office to Send Waiver of Service Forms Order on Motion for Leave to Proceed In Forma Pauperis
Wed 03/06 10:46 AM
ORDER DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND 399 WAIVERS FORMS to defendants. IT IS ORDERED THAT: Plaintiffs motion for leave to proceed in forma pauperis (Doc. No. 2) is GRANTED; The Clerk of Court is directed to SEND a copy of this Order to the Superintendent/Warden of the institution wherein Plaintiff is presently confined; The complaint (Doc. No. 1) is DEEMED FILED; SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 3/6/24. (dmn) |
|
|
misc
Docket Annotation
Wed 03/06 10:59 AM
DOCKET ANNOTATION: Courtesy copy sent to PA Office of Attorney General. (dmn) |
||
| Thursday, February 01, 2024 | ||
| 5 | 5
misc
Pro Se Letter Issued - DJ IS PRESIDING JUDGE
Thu 02/01 1:49 PM
PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (lp) |
|
|
Att: 1
Notice of Consent,
|
||
|
Att: 2
Instruction Sheet,
|
||
|
Att: 3
Fed and Local Rules
|
||
| 4 | 4
service
AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff
Thu 02/01 1:42 PM
AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff. (lp) |
|
| 3 | 3
misc
Prisoner Trust Fund Account Statement
Thu 02/01 1:41 PM
CERTIFIED Prisoner Trust Fund Account Statement by Rashan Mickens. (lp) |
|
| 2 | 2
motion
Proceed In Forma Pauperis
Thu 02/01 1:39 PM
CERTIFIED MOTION for Leave to Proceed in forma pauperis by Rashan Mickens.(lp) |
|
| 1 | 1
cmp
Complaint
Thu 02/01 1:38 PM
COMPLAINT against All Defendants lodged pending the disposition of the Motion for In Forma Pauperis, filed by Rashan Mickens.(lp) |
|
|
Att: 1
Grievance No. 1033722,
|
||
|
Att: 2
Grievance No. 1034316,
|
||
|
Att: 3
Grievance No. 1044716,
|
||
|
Att: 4
Grievance No. 1049255
|
||