Tufano v. Fenix Internet, LLC

Pennsylvania Middle District Court
Judge:	Joseph F Saporito, Jr
Case #:	3:24-cv-01115
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	15:1 Antitrust Litigation

Case Filed:	Jul 08, 2024
Terminated:	Nov 13, 2024

Last checked: Sunday Jan 05, 2025 4:04 AM EST

Defendant Fenix Internet, LLC
Plaintiff Frank Tufano 25 Dundaff Street Carbondale, PA 18407

GPO Nov 13 2024
MEMORANDUM (Order to follow as separate docket entry). Signed by District Judge Joseph F Saporito, Jr. on 11/13/24. (dw)

GPO Nov 13 2024
ORDER (memorandum filed previously as separate docket entry). 1. The Report and Recommendation 9 is ADOPTED. 2. The Amended Complaint is DISMISSED for failure to state a claim upon which relief can be granted, without further leave to amend, pursuant to 28 U.S.C. �1915(e)(2)(B)(ii). 3. Any appeal from this order is deemed to be frivolous and not taken in good faith. 4. Clerk of Court shall mark this case as closed. Signed by District Judge Joseph F Saporito, Jr on 11/13/24. (dw)

Docket last updated: 4 hours ago

Wednesday, March 19, 2025
21		21 2 pgs order Order on Motion for Leave to Appeal In Forma Pauperis Wed 03/19 2:46 PM ORDER denying20 Motion for Leave to Appeal in forma pauperis to the extent it is intended to be a motion for such relief in this federal district court or a motion for reconsideration of our prior denial of such relief. to the extent the motion may be liberally construed as a motion for such relief in the U.S. Court of Appeals for the Third Circuit, Clerk is directed to TRANSFER the motion to the Third Circuit for disposition. Signed by District Judge Joseph F Saporito, Jr on 3/19/25 (ms) Related: [-]
		appeal Supplemental ROA Transmitted to USCA Wed 03/19 2:53 PM Supplemental Record on Appeal transmitted to US Court of Appeals re20 MOTION for Leave to Appeal in forma pauperis,21 Order on Motion for Leave to Appeal in forma pauperis,. Documents and Docket Sheet available through ECF. 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) Related: [-]
Tuesday, March 18, 2025
20		20 motion Appeal In Forma Pauperis Tue 03/18 2:19 PM MOTION for Leave to Appeal in forma pauperis by Frank Tufano.(ep) Related: [-]
Friday, January 03, 2025
19		19 2 pgs order Order Fri 01/03 3:01 PM ORDER re18 MOTION for Leave to Appeal in forma pauperis filed by Frank Tufano -The court CERTIFIES that the plaintiff's appeal is not taken in good faith and the plaintiff's pro se motion for leave to proceed in forma pauperis on appeal (Doc. 18) is DENIED. Signed by District Judge Joseph F Saporito, Jr on 1/3/25. (ms) Related: [-]
Thursday, January 02, 2025
18		18 motion Appeal In Forma Pauperis Thu 01/02 2:19 PM MOTION for Leave to Appeal in forma pauperis by Frank Tufano re: USCA APPEAL Case number 24-3329 (ep) Related: [-]
		appeal Supplemental ROA Transmitted to USCA Thu 01/02 2:25 PM Supplemental Record on Appeal transmitted to US Court of Appeals re16 Notice of Appeal,,18 MOTION for Leave to Appeal in forma pauperis. Documents and Docket Sheet available through ECF. 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) Related: [-]
Monday, December 16, 2024
15		15 3 pgs order Order Mon 12/16 12:21 PM ORDER re13 Objection to Report and Recommendations. Liberally construing as a notice of appeal from the Court's Order of Dismissal entered 11/13/24. Clerk shall mark the record of this case and take such action as appropriate. Signed by District Judge Joseph F Saporito, Jr on 12/16/24. (ms) Related: [-]
		appeal Supplemental ROA Transmitted to USCA Mon 12/16 12:36 PM Supplemental Record on Appeal transmitted to US Court of Appeals re16 Notice of Appeal,,15 Order,. Documents and Docket Sheet available through ECF. 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) Related: [-]
Wednesday, December 11, 2024
16		16 appeal Notice of Appeal Mon 12/16 12:32 PM NOTICE OF APPEAL in NON PRISONER PRO SE Case as to11 Memorandum re R&R (Order to follow as separate docket entry),12 Order (memorandum filed previously as separate docket entry), by Frank Tufano. Filing Fee and Docket Fee NOT PAID. Filing fee $ 605 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. (* SEE DOC.15 CONSTRUING LIBERALLY AS NOTICE OF APPEAL*)(ep) Related: [-]
		Att: 1 Brief in Support of Appeal
14		14 1 pgs misc Memorandum of Law Wed 12/11 3:49 PM MEMORANDUM OF LAW by Frank Tufano re13 Objection to Report and Recommendations. (dj) Related: [-]
13		13 respoth Objection to Report and Recommendations Wed 12/11 3:48 PM OBJECTIONS to9 Report and Recommendations. (dj) Related: [-]
Wednesday, November 13, 2024
12		12 1 pgs order Order (Memorandum filed previously as separate docket entry) Wed 11/13 4:40 PM ORDER (memorandum filed previously as separate docket entry). 1. The Report and Recommendation9 is ADOPTED. 2. The Amended Complaint is DISMISSED for failure to state a claim upon which relief can be granted, without further leave to amend, pursuant to 28 U.S.C. �1915(e)(2)(B)(ii). 3. Any appeal from this order is deemed to be frivolous and not taken in good faith. 4. Clerk of Court shall mark this case as closed. Signed by District Judge Joseph F Saporito, Jr on 11/13/24. (dw) Related: [-]
11		11 3 pgs order Memorandum re R&R (Order to follow as separate docket entry) Wed 11/13 4:37 PM MEMORANDUM (Order to follow as separate docket entry). Signed by District Judge Joseph F Saporito, Jr. on 11/13/24. (dw) Related: [-]
Tuesday, November 05, 2024
10		10 respoth Objection to Report and Recommendations Tue 11/05 2:05 PM OBJECTION to9 Report and Recommendations.(ep) Related: [-]
		Att: 1 Brief in Support
Tuesday, October 29, 2024
9		9 motion Report and Recommendations Tue 10/29 10:10 AM REPORT AND RECOMMENDATIONS re8 Amended Complaint filed by Frank Tufano - we recommend that: (1) Plaintiff's amended complaint be dismissed pursuant to 28 U.S.C. � 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted; (2) Further leave to amend be denied; and (3) The Clerk of Court be directed to CLOSE this case. Objections to R&R due by 11/15/2024. Signed by Magistrate Judge William I. Arbuckle on 10/29/2024. (caw) Related: [-]
Monday, October 28, 2024
		order Verbal Order Reassigning Case Mon 10/28 4:40 PM VERBAL ORDER REASSIGNING CASE - Case reassigned to District Judge Joseph F Saporito, Jr and referred to Magistrate Judge William I. Arbuckle for the filing of a Report and Recommendation. (jkc) Related: [-]
Monday, August 26, 2024
8		8 cmp Amended Complaint Mon 08/26 2:37 PM AMENDED COMPLAINT against Fenix Internet, LLC, filed by Frank Tufano. (ea) Related: [-]
Wednesday, July 31, 2024
7		7 12 pgs order Order Wed 07/31 1:33 PM SCREENING ORDER - it is ORDERED that: (1) Plaintiff may file an amended complaint on or before 8/30/2024. Failure to file an amended complaint may result in the dismissal of Plaintiff's case. Any amended complaint must be titled as an amended complaint, must contain the docket number of this case, and must list the name of each defendant in the caption. It must be complete in all respects; it must be a new pleading which stands by itself as an adequate complaint without reference to the complaint already filed. Any amended complaint will completely replace the original complaint. If an amended complaint is filed, the original complaint will have no role in the future litigation of this case. Any amended complaint must also comply with the pleading requirements of the Federal Rules of Civil Procedure. PLEASE SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge William I. Arbuckle on 7/31/2024. (caw) Related: [-]
6		6 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Wed 07/31 1:31 PM ORDER - IT IS HEREBY ORDERED that: (1) Plaintiff's Application requesting leave to proceed in forma pauperis5 is GRANTED. (2) Plaintiff's Complaint (Doc. 1) is DEEMED filed. (3) Plaintiff is reminded that he has an affirmative obligation to keep the Court informed of his current address. If Plaintiff's address changes while this lawsuit is pending, Plaintiff must immediately inform the Court in writing. If the Court is unable to communicate with Plaintiff because he has failed to notify the Court of his address, Plaintiff may be deemed to have abandoned the lawsuit. (4) Pursuant to 28 U.S.C. � 1915(e)(2), the Court will conduct a preliminary review of Plaintiff's Complaint. Service will be held in abeyance until the screening process is complete. Signed by Magistrate Judge William I. Arbuckle on 7/31/2024. (caw) Related: [-]
Wednesday, July 17, 2024
5		5 motion Proceed In Forma Pauperis Wed 07/17 12:01 PM MOTION for Leave to Proceed in forma pauperis by Frank Tufano.(ep) Related: [-]
Thursday, July 11, 2024
4		4 2 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Thu 07/11 1:14 PM ORDER - it is ORDERED THAT: (1) Plaintiff's application requesting leave to proceed in forma pauperis2 is DENIED as incomplete. (2) To proceed with this lawsuit, Plaintiff may either file an amended application requesting leave to proceed in forma pauperis (the proper form is attached) or tender payment in the amount of $405.00 to the Clerk of Court on or before 7/24/2024. (3) If Plaintiff files an amended application for leave to proceed in forma pauperis, he is instructed to include a description of the real estate that is subject to the mortgage, its estimated value, and the approximate balance due on the mortgage. If Plaintiff is paying a mortgage but does not own any real estate, he must explain why. Failure to comply with this Order may result in the dismissal of this case. PLEASE SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge William I. Arbuckle on 7/11/2024. (caw) Related: [-]
		Att: 1 Application for IFP
Monday, July 08, 2024
3		3 misc Pro Se Letter issued - MJ IS PRESIDING JUDGE Mon 07/08 3:09 PM PRO SE LETTER ISSUED providing the case number. (ea) Related: [-]
		Att: 1 Excerpts of Local and Federal Rules
2		2 motion Proceed In Forma Pauperis Mon 07/08 3:07 PM MOTION for Leave to Proceed in forma pauperis by Frank Tufano. (ea) Related: [-]
1		1 cmp Complaint Mon 07/08 3:06 PM COMPLAINT against Fenix Internet, LLC lodged pending the disposition of the Motion for In Forma Pauperis, filed by Frank Tufano. (ea) Related: [-]

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