Petition for Writ of Certiorari — Aaron J. Bressi, Petitioner v. Jeffery Brennen, et al.

Supreme Court briefAug 2, 2023

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Case: 22-2729

Document: 36-1

Page: 1

Date Filed: 07/21/2023

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 22-2729

AARON J. BRESSI,

Appellant

JEFFERY BRENNEN; EDWARD PURCELL; CHRISTOPHER LAPOTSKJE;

CHAD YODER; CHRISTOPHER WILLIAMS; CHIEF WILLIAM CARPENTER;

TERRY KECHEM, Coal Township Police Officer; and

PATROLMAN ADAMS, Coal Township Police Officer

On Appeal from the United States District Court

for the Middle District of Pennsylvania

(M.D. Pa. Civ. No. 4:17-cv-01742)

District Judge: Honorable Matthew W. Brann

Submitted Pursuant to Third Circuit LAR 34.1(a)

May 23, 2023

Before: JORDAN, CHUNG, and NYGAARD, Circuit Judges

JUDGMENT

This cause came to be considered on the record from the United States District

Court for the Middle District of Pennsylvania and was submitted pursuant to Third

Circuit LAR 34.1(a) on May 23,2023. On consideration whereof, it is now hereby

ORDERED and ADJUDGED by this Court that the judgment of the District Court

entered August 31, 2022, be and the same is hereby affirmed. Costs taxed against the

Appellant. All of the above in accordance with the opinion of this Court.

Case: 22-2729

Document: 36-1

Page: 2

Date Filed: 07/21/2023

ATTEST:

s/ Patricia S. Dodszuweit

Clerk

Dated: May 24, 2023

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Teste:

Clerk, U.S. Court of Appeals for the Third Circuit

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

AARON J. BRESSI

No. 4:17-CV-01742

Plaintiff,

(Chief Judge Brann)

JEFFERY BRENNEN, et al.,

Defendants.

ORDER

August 4,2022

AND NOW, upon consideration of Plaintiff s motion1 to “refile this case

and use all original filings,” and the Court observing that this case was dismissed

with prejudice and closed in September 2019,2 and that Plaintiffs appeal to the

United States Court of Appeals for the Third Circuit was denied in August 2020,3

and the Court further observing that Plaintiff has failed to include any reasoning,

argument, or citation to legal authority for his request to “refile” this case, IT IS

HEREBY ORDERED that Plaintiffs motion (Doc. 83) to “refile” is DENIED.

BY THE COURT:

s/ Matthew Tf. (Brann

Matthew W. Brann

Chief United States District Judge

Doc. 83.

See Doc. 77.

See Docs. 81, 82.

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

AARON J. BRESSI,

No. 4:17-CV-01742

Plaintiff,

(Chief Judge Brann)

JEFFERY BRENNEN, et al.,

Defendants.

ORDER

August 31,2022

AND NOW, upon consideration of Plaintiff s second motion1 to “refile this

case using all original filings,” and the Court observing that this case was dismissed

with prejudice and closed in September 2019,2 and that Plaintiffs appeal to the United

States Court of Appeals for the Third Circuit was denied in August 2020,3 and the

Court further observing that Plaintiff has failed to establish any basis to reopen this

case, IT IS HEREBY ORDERED that Plaintiffs second motion (Doc. 85) to “re file”

is DENIED. The Court will not entertain any further motions “to re file” in this

matter.

BY THE COURT:

s/‘MattHeiv W. (Brann

Matthew W. Brann

Chief United States District Judge

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APPEAL,CLOSED,PROSEREF,WMSPT,WVSENT

United States District Court

Middle District of Pennsylvania (Williamsport)

CIVIL DOCKET FOR CASE #: 4:17-cv-01742-MWB

Bressi v. Brennen et al

Assigned to: Honorable Matthew W. Brann

Case in other court: Third Circuit, 19-03199

Cause: 42:1983 Civil Rights Act

Date Filed: 09/26/2017

Date Terminated: 09/13/2019

Jury Demand: None

Nature of Suit: 440 Civil Rights: Other

Jurisdiction: Federal Question

Plaintiff

Aaron J. Bressi

represented by Aaron J. Bressi

MC9898

SCO Rockview

SPECIAL MAIL - OPEN ONLY IN

THE PRESENCE OF THE INMATE

PO Box A

Bellefonte, PA 16823

PRO SE

Defendant

Jeffery Brennen

represented by Donald L. Carmelite

Marshall, Dennehey, Warner, Coleman

& Goggin

100 Corporate Center Drive

Suite 201

Camp Hill, PA 17011

717-651-3504

Fax:717-651-3707

Email: dlcarmelite@mdwcg.com

A TTORNEY TO BE NOTICED

Defendant

Edward Purcell

represented by Donald L. Carmelite

(See above for address)

ATTORNEY TO BE NOTICED

Defendant

Christopher Lapotskie

represented by Donald L. Carmelite

(See above for address)

ATTORNEY TO BE NOTICED

Defendant

Chad Yoder

represented by Donald L. Carmelite

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TERMINATED: 08/02/2019

(See above for address)

ATTORNEY TO BE NOTICED

Defendant

Christopher Williams

TERMINATED: 08/02/2019

represented by Donald L. Carmelite

. (See above for address)

ATTORNEY TO BE NOTICED

Defendant

Chief William Carpenter

TERMINATED: 08/02/2019

represented by Donald L. Carmelite

(See above for address)

ATTORNEY TO BE NOTICED

Defendant

Terry Kechem

Coal Township Police Officer

TERMINATED: 08/02/2019

Defendant

Patrolman Adams

Coal Township Police Officer

TERMINATED: 08/02/2019

Date Filed

Docket Text

Receipt of payment from AARON J BRESSI in the amount of $37.38 for

PLRA CIVIL FILING FEE. Transaction posted on 11/27/2019. Receipt

number 333068797 processed by kfuller. (tp) (Entered: 11/27/2019)

11/27/2019

09/25/2019

NOTICE OF APPEAL in PRISONER Case as to 77 Order Adopting Report

and Recommendations by Aaron J. Bressi. Filing Fee and Docket Fee NOT

PAID. Filing fee $ 505 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, (lg) (Entered:

09/25/2019)

09/16/2019

Document filed by Aaron J. Bressi entitled "motion: for compel/to rule on

plaintiffs motion already filed" re doc #67) (lg) (Entered: 09/16/2019)

09/13/2019

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS

HEREBY ORDERED that 73 Magistrate Jude Saporito's Report and

Recommendation is adopted; 48 Motion to Dismiss for Failure to State a

Claim is granted; Clerk directed to close this case.Signed by Honorable

Matthew W. Brann on 9/13/19. (case closed)(lg) (Entered: 09/13/2019)

08/22/2019

OBJECTIONS by Aaron J. Bressi. to 72 Order on Motion to Appoint

Counsel, (nr) (Entered: 08/22/2019)

08/19/2019

OBJECTION to 73 Report and Recommendations, (nr) (Entered:

08/19/2019)

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08/07/2019

EXHIBIT "H" by Aaron J. Bressi re 57 Amended Complaint, (nr) (Entered:

08/07/2019)

08/05/2019

REPORT AND RECOMMENDATIONS re 48 MOTION TO DISMISS

FOR FAILURE TO STATE A CLAIM re: Plaintiffs Amended Complaint

filed by William Carpenter, Christopher Lapotskie, Edward Purcell,

Christopher Williams, Chad Yoder, Jeffery Brennen. For the foregoing

reasons, it is hereby recommended that the amended complaint (Doc. 46) be

dismissed with prejudice for failure to state a claim upon which relief can be

granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure..

Objections to R&R due by 8/23/2019Signed by Magistrate Judge Joseph F.

Saporito, Jr on 8/5/19. (ms) (Entered: 08/05/2019)

08/05/2019

ORDER denying 67 Motion to Appoint Counsel Signed by Magistrate Judge

Joseph F. Saporito, Jr on 8/5/19 (ms) (Entered: 08/05/2019)

08/05/2019

AMENDED ORDER re 69 Order - (1) This amended order supersedes and

replaces our previous Order docketed as Doc. 69 on 8/2/19. (2) Plaintiffs

motion for leave to file a second amended complaint (Doc. 59) is DENIED

AS FUTILE.Signed by Magistrate Judge Joseph F. Saporito, Jr on 8/5/19.

(ms) (Entered: 08/05/2019)

08/02/2019

ORDER re 46 Amended Complaint filed by Aaron J. Bressi. IT IS HEREBY

ORDERED THAT, having exceeded the scope of leave to amend as granted

by the Courts Order of July 26, 2018:1.The last eleven lines of page 1 of the

amended complaint (Doc. 46, at 1 11. 717), the entirety of pages 2 through 9

of the amended complaint (id. at 29), the first seven lines of page 10 of the

amended complaint (id. at 10 11. 17), the last ten lines of page 21 of the

amended complaint (id. at 21 11. 1625), the entirety of pages 21 through 23 of

the amended complaint (id. at 2123), the first two lines of page 24 of the

amended complaint (id. at 24 11. 12), and Exhibits A, C, D, E, and F to the

amended complaint (Doc. 46-1, at 14, 1061) shall be STRUCK from the

pleading;2.The Clerk shall TERMINATE Officer Chad Yoder, Officer

Christopher Williams, and Chief William Carpenter as parties to this action;

and3.The remainder of the amended complaint (Doc. 46), asserting a § 1983

claim of excessive force, shall be permitted to proceed as against the original

three defendants, Officer Jeffery Brennan, Officer Edward Purcell, and

Officer Christopher Lapotsky, subject to disposition of the pending motion to

dismiss filed by the defendants (Doc. 48).Signed by Magistrate Judge Joseph

F. Saporito, Jr on 8/2/19. (ms) (Entered: 08/02/2019)

08/02/2019

[SUPERSEDED AND REPLACED BY DOC. 71 ORDER OF 8/5/19]

ORDER re 57 Amended Complaint, filed by Aaron J. Bressi - Liberally

construing as a motion for leave to file second amended complaint,

DENYING as futile. Signed by Magistrate Judge Joseph F. Saporito, Jr on

8/2/19. (ms) Modified on 8/5/2019 (ms). (Entered: 08/02/2019)

07/19/2019

BRIEF IN OPPOSITION re 67 MOTION to Appoint Counsel filed by

Jeffery Brennen, William Carpenter, Christopher Lapotskie, Edward Purcell,

Christopher Williams, Chad Yoder.(Carmelite, Donald) (Entered:

07/19/2019)

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07/05/2019

MOTION to Appoint Counsel by Aaron J. Bressi.(kw) (Entered: 07/05/2019)

04/03/2019

EXHIBIT "G" by Aaron J. Bressi re 57 Amended Complaint, (nr) (Entered:

04/03/2019)

03/14/2019

BRIEF IN SUPPORT re 59 MOTION to Amend/Correct filed by Aaron J.

Bressi.(nr) (Entered: 03/14/2019)

03/08/2019

U.S. MARSHAL 285 FORM received by plaintiff, (nr) (Entered:

03/08/2019)

02/26/2019

ORDER granting 62 Motion for Extension of Time to File Response/Reply

re 59 MOTION to Amend/Correct Reply Brief due by 3/18/2019.Signed by

Magistrate Judge Joseph F. Saporito, Jr on 2/26/19 (ms) (Entered:

02/26/2019)

02/25/2019

MOTION for Extension of Time to File Brief to 61 Brief in Opposition, filed

by Aaron J. Bressi, Pro Se.(nr) (Entered: 02/25/2019)

02/08/2019

BRIEF IN OPPOSITION re 59 MOTION to Amend/Correct Plaintiffs

Motion for Leave to File a Second Amended Complaint filed by Jeffery

Brennen, William Carpenter, Christopher Lapotskie, Edward Purcell,

Christopher Williams, Chad Yoder. (Attachments: # 1 Exhibit(s) 1 - CR-9612015, # 2 Exhibit(s) 2 - CR-962-2015, # 3 Exhibit(s) 3 -1791 MDA 2016)

(Carmelite, Donald) (Entered: 02/08/2019)

02/04/2019

EXHIBIT "E" by Aaron J. Bressi re 57 Amended Complaint. (Attachments:

# 1 Letter regarding exhibits)(nr) (Entered: 02/04/2019)

01/31/2019

MOTION to Amend/Correct by Aaron J. Bressi.(ms) (Entered: 01/31/2019)

01/31/2019

ORDER re 57 Amended Complaint fded by Aaron J. Bressi -defendants s

hall file any brief in opposition to Doc. 57 within 14 days after date of this

Order; plaintiff may file his reply brief within 14 days after service of brief

in opposition. Signed by Magistrate Judge Joseph F. Saporito, Jr on 1/31/19.

(ms) (Entered: 01/31/2019)

01/30/2019

PROPOSED SECOND AMENDED COMPLAINT against All Defendants,

filed by Aaron J. Bressi. (Attachments: # \ Exhibit A, # 2 Exhibit B, # 3

Exhibit C, # 4 Exhibit D, # 5 Exhibit F, # 6 Transmittal Letter re

Amendments to complaint)(nr) Modified on 1/31/2019 (ms). (Entered:

01/30/2019)

11/28/2018

REPLY BRIEF re 48 MOTION TO DISMISS FOR FAILURE TO STATE

A CLAIM re: Plaintiffs Amended Complaint filed by Jeffery Brennen,

Christopher Lapotskie, Edward Purcell.(Carmelite, Donald) (Entered:

11/28/2018)

11/20/2018

BRIEF IN OPPOSITION re 48 MOTION TO DISMISS FOR FAILURE TO

STATE A CLAIM filed by Aaron J. Bressi. (Attachments: # I continuation)

(lg) (Entered: 11/20/2018)

10/23/2018

ORDER granting 53 Motion for Extension of Time to File Response/Reply

re 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re:

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Plaintiffs Amended Complaint Brief in Opposition due by 11/19/2018Signed

by Magistrate Judge Joseph F. Saporito, Jr on 10/23/18 (ms) (Entered:

10/23/2018)

10/22/2018

MOTION for Extension of Time to File Brief to 48 MOTION TO DISMISS

FOR FAILURE TO STATE A CLAIM re Plaintiffs Amended Complaint

filed by Aaron J. Bressi.(lg) (Entered: 10/22/2018)

09/28/2018

ORDER re 48 MOTION TO DISMISS FOR FAILURE TO STATE A

CLAIM re: Plaintiffs Amended Complaint filed by William Carpenter,

Christopher Lapotskie, Edward Purcell, Christopher Williams, Chad Yoder,

Jeffery Brennen, 51 Letter - defendants shall serve a second copy of their

Doc. 48 motin to dismiss and Doc. 49 brief in support upon plaintiff by mail

as soon as practicable, but no later than 10/5/18. Plaintiff shall file and serve

his brief in response to the motion on or before 10/19/18Signed by

Magistrate Judge Joseph F. Saporito, Jr on 9/28/18. (ms) (Entered:

09/28/2018)

09/26/2018

Letter from Aaron Bressi that he has not yet received the motion to dismiss,

etc. (lg) (Entered: 09/26/2018)

09/24/2018

Letter from Aaron Bressi re filing fee deductions from his inmate account,

(lg) (Entered: 09/24/2018)

09/13/2018

Receipt of payment from AARON J BRESSI in the amount of $33.36 for

PLRA CIVIL FILING FEE. Transaction posted on 9/12/2018. Receipt

number 333062191 processed by rmiller. (jjs,) (Entered: 09/13/2018)

09/13/2018

BRIEF IN SUPPORT re 48 MOTION TO DISMISS FOR FAILURE TO

STATE A CLAIM re: Plaintiffs Amended Complaint filed by Jeffery

Brennen, William Carpenter, Christopher Lapotskie, Edward Purcell,

Christopher Williams, Chad Yoder.(Carmelite, Donald) (Entered:

09/13/2018)

09/11/2018

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re:

Plaintiffs Amended Complaint by Jeffery Brennen, William Carpenter,

Christopher Lapotskie, Edward Purcell, Christopher Williams, Chad Yoder.

(Attachments: # l Proposed Order re: Motion to Dismiss Plaintiffs Amended

Complaint)(Carmelite, Donald) (Entered: 09/11/2018)

09/11/2018

NOTICE of Appearance by Donald L. Carmelite on behalf of Jeffery

Brennen, William Carpenter, Christopher Lapotskie, Edward Purcell,

Christopher Williams, Chad Yoder (Carmelite, Donald) (Entered:

09/11/2018)

08/28/2018

AMENDED COMPLAINT against Jeffery Brennen, Christopher Lapotskie,

Edward Purcell, Chad Yoder, Christopher Williams, William Carpenter, filed

by Aaron J. Bressi. (Attachments: # 1 Exhibit(s))(lg) (Entered: 08/28/2018)

Receipt of payment from AARON BRESSI in the amount of $20.00 for

PLRA CIVIL FILING FEE. Transaction posted on 8/6/2018. Receipt number

333061745 processed by gangeli. (jjs,) (Entered: 08/07/2018)

08/07/2018

07/26/2018

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS

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HEREBY ORDERED that Magistrate Judge Saporito's 41 Report and

Recommendation is ADOPTED in its entirety; Defendants' 20 Motion to

Dismiss is GRANTED; Plaintiffs Complaint is DISMISSED; Plaintiffs 27

37 38 motions for summary judgment are DENIED AS MOOT; Plaintiff is

granted leave to amend only the excessive force claim that has dismissed

without prejudice. If an amended complaint is not filed within 30 days of the

date of this Order, however, those claims will be dismissed with prejudice,

and the Clerk of Court will be directed to close this case. This matter is

remanded to Magistrate Judge Saporito for further proceedings. Signed by

Honorable Matthew W. Brann on 7/26/2018. (jr) (Entered: 07/26/2018)

07/25/2018

BRIEF IN OPPOSITION re 41 REPORT AND RECOMMENDATIONS re

38 MOTION for Judgment filed by Aaron J. Bressi, 1 Complaint filed by

Aaron J. Bressi, 20 MOTION to Dismiss Plaintiffs Complaint filed by

Christopher Lapotskie, Edward Purcell, Jeffery Brennen, filed by Jeffery

Brennen, Christopher Lapotskie, Edward Purcell.(Carmelite, Donald)

(Entered: 07/25/2018)

07/18/2018

OBJECTION to 44 Report and Recommendation (entitled "motion to

object") by Aaron Bressi. (lg) (Entered: 07/18/2018)

Receipt of payment from ARRON BRESSI in the amount of $40.74 for

PLRA CIVIL FILING FEE. Transaction posted on 7/16/2018. Receipt

number 333061469 processed by gangeli. (jjs,) (Entered: 07/17/2018)

07/17/2018

07/12/2018

Letter to Clerk from Aaron Bressi asking the Court to take the briefs on file

in support of summary judgment motions and the briefs on file in response to

summary judgment motions and also brief in support of judgment/direct

verdict motion and consolidate them into one brief in response to defendants

motion to dismiss, OR to grant an extension of time to respond to defendants

motion to dismiss, (lg) (Entered: 07/12/2018)

07/06/2018

REPORT AND RECOMMENDATIONS re 38 MOTION for Judgment filed

by Aaron J. Bressi, \ Complaint filed by Aaron J. Bressi, 20 MOTION to

Dismiss Plaintiffs Complaint filed by Christopher Lapotskie, Edward

Purcell, Jeffery Brennen, 27 MOTION for Summary Judgment filed by

Aaron J. Bressi.For the foregoing reasons, it is recommended that: 1.The

defendants motion to dismiss (Doc. 20) be GRANTED;2.The complaint

(Doc. 1) be DISMISSED for failure to state a claim, pursuant to Rule 12(b)

(6) of the Federal Rules of Civil Procedure;3.The plaintiff be granted leave to

file an amended complaint within a specified period of time following

dismissal of the complaint; 4.The plaintiffs motions for summary judgment

(Doc. 27; Doc. 37; Doc. 38) be DENIED as MOOT;5.The Clerk be directed

to CLOSE this case if an amended complaint is not timely filed; and6.This

matter be remanded to the undersigned for further proceedings, if any.

Objections to R&R due by 7/25/2018Signed by Magistrate Judge Joseph F.

Saporito, Jr on 7/6/18. (ms) (Entered: 07/06/2018)

07/03/2018

ORDER re 24 Brief in Opposition filed by Aaron J. Bressi - construing as

motion for leave to amend complaint, DENYING without prejudice.Signed

by Magistrate Judge Joseph F. Saporito, Jr on 7/3/18. (ms) (Entered:

07/03/2018)

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06/19/2018

BRIEF IN OPPOSITION re 38 MOTION for Judgment /Direct Verdict filed

by Jeffery Brennen, Christopher Lapotskie, Edward Purcell.(Carmelite,

Donald) (Entered: 06/19/2018)

06/11/2018

MOTION for Judgment/direct verdict against defendants by Aaron J. Bressi.

(lg) (Entered: 06/12/2018)

06/08/2018

Receipt of payment from SCI ROCKVIEW in the amount of $34.13 for

PLRA CIVIL FILING FEE. Transaction posted on 6/7/2018. Receipt number

333060903 processed by epetrosk. (jjs,) (Entered: 06/08/2018)

05/10/2018

Receipt of payment from AARON J BRESSI in the amount of $34.00 for

PLRA CIVIL FILING FEE. Transaction posted on 5/9/2018. Receipt number

333060534 processed by rmiller. (jjs,) (Entered: 05/10/2018)

05/08/2018

Receipt of payment from AARON BRESSI in the amount of $6.58 for PLRA

CIVIL FILING FEE. Transaction posted on 5/7/2018. Receipt number

333060515 processed by gangeli. (jjs,) (Entered: 05/08/2018)

05/07/2018

Letter to Court from Aaron Bressi re motion for summary judgment (lg)

(Entered: 05/07/2018)

Receipt of payment from AARON BRESSI in the amount of $36.00 for

PLRA CIVIL FILING FEE. Transaction posted on 4/9/2018. Receipt number

333060109 processed by gangeli. (jjs,) (Entered: 04/12/2018)

04/12/2018

04/11/2018

NOTICE of Change of Address by Aaron J. Bressi (address updated to SCI

Rockview) (lg) (Entered: 04/11/2018)

04/05/2018

BRIEF IN SUPPORT re 27 MOTION for Summary Judgment filed by

Aaron J. Bressi.(lg) (Entered: 04/05/2018)

04/03/2018

ORDER finding as moot 33 Motion for Extension of Time to File

Response/Reply Signed by Magistrate Judge Joseph F. Saporito, Jr on 4/3/18

(ms) (Entered: 04/03/2018)

04/02/2018

MOTION for Extension of Time to File Brief to 27 MOTION for Summary

Judgment, 29 Order, filed by Aaron J. Bressi.(kw) (Entered: 04/02/2018)

03/26/2018

ORDER granting 31 Motion for Extension of Time to File support brief re 27

MOTION for Summary Judgment Brief in support due by 4/26/2018. Signed

by Magistrate Judge Joseph F. Saporito, Jr on 3/26/18 (ms) Modified on

3/26/2018 (ms). (Entered: 03/26/2018)

03/23/2018

MOTION for Extension of Time to File Brief filed by Aaron J. Bressi.

(Attachments: # l letter)(lg) (Entered: 03/23/2018)

03/22/2018

U.S. MARSHAL - 285, AO 398 and AO 399 Service Forms Completed by

Plaintiff for "Chris Williams (Coal Township Police Department)" and

"Chad Yoder (Coal Township Police Department)", (lg) (Entered:

03/22/2018)

03/12/2018

ORDER re 27 MOTION for Summary Judgment filed by Aaron J. Bressi.

Plaintiff shall file a brief in support of Doc. motion, together with a statement

of undisputed material facts, within 14 days of the date of this Order or the

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motion will be deemed withdrawn. Signed by Magistrate Judge Joseph F.

Saporito, Jr on 3/12/18. (ms) (Entered: 03/12/2018)

Receipt of payment from SCI CAMP HILL in the amount of $20.00 for

PLRA CIVIL FILING FEE. Transaction posted on 3/8/2018. Receipt number

333059618 processed by epetrosk. (jjs, ) (Entered: 03/09/2018)

03/09/2018

02/28/2018

BRIEF IN OPPOSITION re 27 MOTION for Summary Judgment filed by

Jeffery Brennen, Christopher Lapotskie, Edward Purcell.(Carmelite, Donald)

(Entered: 02/28/2018)

02/12/2018

MOTION for Summary Judgment by Aaron J. Bressi.(lg) (Entered:

02/13/2018)

Receipt of payment from AARON J BRESSI in the amount of $33.00 for

PLRA CIVIL FILING FEE. Transaction posted on 2/5/2018. Receipt number

333059116 processed by lhannick. (jjs,) (Entered: 02/06/2018)

02/06/2018

02/05/2018

NOTICE of Change of Address by Aaron J. Bressi. Address has been

updated on Docket to reflect changes, (kw) (Entered: 02/05/2018)

01/24/2018

REPLY BRIEF re 20 MOTION to Dismiss Plaintiffs Complaint filed by

Jeffery Brennen, Christopher Lapotskie, Edward Purcell. (Attachments: # i

Exhibit(s) A - Northumberland County CCP Criminal Docket CP-49-CR000961-2015, # 2 Exhibit(s) B - Northumberland County CCP Criminal

Docket CP-49-CR-000962-2015, # 3 Exhibit(s) C - Pennsylvania Superior

Court Memorandum, # 4 Exhibit(s) D - Northumberland County CCP

Criminal Docket CP-49-CR-0001513-2016, # 5 Exhibit(s) E - Superior Court

of Pennsylvania Appeal Docket 1887 MDA 2017)(Carmelite, Donald)

(Entered: 01/24/2018)

01/11/2018

BRIEF IN OPPOSITION (entitled "motion to have defendants motion to

dismiss complaint withdrawn...") re 20 MOTION to Dismiss Plaintiffs

Complaint filed by Aaron J. Bressi. (Attachments: # 1 Exhibit(s))(lg)

(Entered: 01/11/2018)

Receipt of payment from AARON J BRESSI in the amount of $35.19 for

PLRA CIVIL FILING FEE. Transaction posted on 1/5/2018. Receipt number

333058683 processed by lhannick. (jjs,) (Entered: 01/08/2018)

01/08/2018

12/28/2017

BRIEF IN SUPPORT of their Motion to Dismiss Plaintiffs Complaint re 20

MOTION to Dismiss Plaintiffs Complaint filed by Jeffery Brennen,

Christopher Lapotskie, Edward Purcell. (Attachments: # 1 Certificate of

Word Count, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit

(s) D, # 6 Exhibit(s) E)(Carmelite, Donald) (Entered: 12/28/2017)

12/21/2017

Copy Request Received from Aaron Bressi (note: complaint and docket

sheet sent w/note re future copies to be paid for in advance) (lg) (Entered:

12/21/2017)

12/19/2017

by Jeffery Brennen, Christopher Lapotskie, Edward Purcell. 20 MOTION to

Dismiss Plaintiff's Complaint and Proposed Order re: Motion to Dismiss.

(Carmelite, Donald) (Entered: 12/19/2017)

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12/18/2017

MOTION to Dismiss Plaintiffs Complaint by Jeffery Brennen, Christopher

Lapotskie, Edward Purcell.(Carmelite, Donald) (Entered: 12/18/2017)

12/14/2017

ORDER denying 18. Motion for leave to amend complaint without prejudice

to plaintiffs filing of a subsequent motion for leave to amend, properly

supported by the contemporaneous submission of his proposed amended

complaint. Signed by Magistrate Judge Joseph F. Saporito, Jr on 12/14/17

(ms) (Entered: 12/14/2017)

12/11/2017

MOTION "to amend suit/relief of case" by Aaron J. Bressi.(lg) (Entered:

12/11/2017)

Receipt of payment from AARON J BRESSI in the amount of $26.00 for

PLRA CIVIL FILING FEE. Transaction posted on 12/5/2017. Receipt

number 333058292 processed by lhannick. (jjs,) (Entered: 12/06/2017)

12/06/2017

11/29/2017

ORDER denying 16 Motion to Amend/Correct without prejudice to his filing

of a subsequent, and properly supported, motion for leave to amend. Signed

by Magistrate Judge Joseph F. Saporito, Jr on 11/29/17 (ms) (Entered:

11/29/2017)

11/28/2017

MOTION to Amend/Correct by Aaron J. Bressi.(ms) (Entered: 11/28/2017)

11/21/2017

ORDER striking 14 Motion for Summary Judgment as premature and

improperly filed, without prejudice to plaintiffs right to file an appropriate

motion for summary judgment after service of process and the close of

discovery. See Order for complete details. Signed by Magistrate Judge

Joseph F. Saporito, Jr on 11/21/17 (ms) (Entered: 11/21/2017)

11/17/2017

[STRICKEN FROM THE RECORD PER DOC. 15 ORDER] MOTION for

Summary Judgment by Aaron J. Bressi.(lg) Modified on 11/21/2017 (ms).

(Entered: 11/20/2017)

11/16/2017

WAIVER OF SERVICE Returned by Christopher Lapotskie, Edward

Purcell, Jeffery Brennen. Christopher Lapotskie waiver sent on 10/17/2017,

answer due 12/18/2017; Edward Purcell waiver sent on 10/17/2017, answer

due 12/18/2017; Jeffery Brennen waiver sent on 10/17/2017, answer due

12/18/2017. (Carmelite, Donald) (Entered: 11/16/2017)

11/14/2017

NOTICE of Appearance by Donald L. Carmelite on behalf of Jeffery

Brennen, Christopher Lapotskie, Edward Purcell (Carmelite, Donald)

(Entered: 11/14/2017)

11/06/2017

Receipt of payment from AARON J BRESSI in the amount of $5.00 for

PLRA CIVIL FILING FEE. Transaction posted on 11/3/2017. Receipt

number 333057833 processed by lhannick. (tp) (Entered: 11/06/2017)

10/24/2017

Receipt of payment from AARON BRESSI in the amount of $26.00 for

PLRA CIVIL FILING FEE. Transaction posted on 10/23/2017. Receipt

number 333057672 processed by gangeli. (jjs,) (Entered: 10/24/2017)

10/13/2017

Waiver of Service forms (AO 398 and 399) Mailed to Jeffery Brennen,

Christopher Lapotskie, Edward Purcell along with Order dated 10/12/2017

and Complaint (Doc. 1). Waiver of Service due by 11/13/2017. (bg)

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(Entered: 10/13/2017)

10/13/2017

ADMINISTRATIVE ORDER sent to Prison Superintendent/Warden.Signed

by Deputy Clerk on 10/13/2017. (bg) (Entered: 10/13/2017)

10/12/2017

ORDER DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND

399 WAIVERS FORMS to defendants. ; granting 2 Motion for Leave to

Proceed in forma pauperisSigned by Magistrate Judge Joseph F. Saporito, Jr

on 10/12/17. (ms) (Entered: 10/12/2017)

10/10/2017

Inmate Account Statement re Aaron J. Bressi. (bg) (Entered: 10/10/2017)

10/06/2017

U.S. MARSHAL 285 FORM to be attached to complaint when served by

USM (lg) (Entered: 10/06/2017)

09/28/2017

ORDER - within 15 days of the date of this Order, the Warden shall provide

to the Court a statement of the current balance in plaintiffs inmate account

and a record of the transactions in his account that have occurred within the

preceding 6 months.Signed by Magistrate Judge Joseph F. Saporito, Jr on

9/28/17. (ms)(Copy of Order mailed to SCI-Coal Township from Chambers)

(Entered: 09/28/2017)

09/27/2017

PRO SE LETTER ISSUED w/ Notice & Consent Form, (lg) (Entered:

09/27/2017)

09/27/2017

STANDING PRACTICE ORDER (lg) (Additional attachment(s) added on

9/27/2017: # 2 285 Service Packet) (lg). (Entered: 09/27/2017)

09/26/2017

PRISONER AUTHORIZATION by Aaron J. Bressi allowing prison to

submit copy of prisoner's trust fund account to the court, and approving the

entire filing fee to be deducted from prisoner inmate account, (lg) (Entered:

09/27/2017)

09/26/2017

MOTION/application for Leave to Proceed in forma pauperis by Aaron J.

Bressi.(lg) (Entered: 09/27/2017)

09/26/2017

COMPLAINT against All Defendants, filed by Aaron J. Bressi.(lg) (Entered:

09/27/2017)

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Case: 22-2729

Document: 35

Page: 1

Date Filed: 07/13/2023

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 22-2729

AARON J. BRESSI,

Appellant

JEFFERY BRENNEN; EDWARD PURCELL; CHRISTOPHER LAPOTSKIE;

CHAD YODER; CHRISTOPHER WILLIAMS; CHEF WILLIAM CARPENTER;

TERRY KECHEM, Coal Township Police Officer; PATROLMAN ADAMS,

Coal Township Police Officer

(D.C. No. 4-17-cv-01742)

SUR PETITION FOR REHEARING

Present: CHAGARES, Chief Judge, JORDAN, HARDIMAN, GREENAWAY, JR.*,

SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY,

PHIPPS, FREEMAN, MONTGOMERY-REEVES, CHUNG, NYGAARDt, Circuit

Judges

The petition for rehearing filed by appellant in the above-entitled case having

been submitted to the judges who participated in the decision of this Court and to all the

* The Honorable Joseph A. Greenaway, Jr. retired from the Court on June 15, 2023,

during the voting period expired for this petition for rehearing, but before the Clerk’s

Office filed the order.

J Judge Nygaard’s vote is limited to panel rehearing only.

Case: 22-2729

Document: 35

Page: 2

Date Filed: 07/13/2023

other available circuit judges of the circuit in regular active service, and no judge who

concurred in the decision having asked for rehearing, and a majority of the judges of the

circuit in regular service not having voted for rehearing, the petition for rehearing by the

panel and the Court en banc, is denied.

BY THE COURT,

s/ Cindy K. Chung

Circuit Judge

Date: July 13, 2023

kr/cc: Aaron J. Bressi

Kimberly A. Boyer-Cohen, Esq.

Additional material

from this filing is

available in the

Clerk's Office.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.