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Isaac Kenneth Fullman v. Patton Township Police Department

March 14, 2013

ISAAC KENNETH FULLMAN, PLAINTIFF,
v.
PATTON TOWNSHIP POLICE DEPARTMENT, SGT. MATTHEW SHUPENKO, CHIEF JOHN PETRICK DEFENDANTS. ISAAC KENNETH FULLMAN, PLAINTIFF, V. : PENN STATE UNIVERSITY POLICE DEPARTMENT, AND OFFICER MATTHEW MASSARO, DEFENDANTS. ISAAC KENNETH FULLMAN, PLAINTIFF, V. : CENTRE COUNTY DISTRICT ATTORNEYS OFFICE DEFENDANT. ISAAC KENNETH FULLMAN, PLAINTIFF, V. : STATE COLLEGE BOROUGH POLICE DEPARTMENT, OFFICER BRIAN FOSTER AND OFFICER MICHAEL S. MAMOLEN DEFENDANTS. ISAAC KENNETH FULLMAN, PLAINTIFF, V. : FERGUSON TOWNSHIP POLICE DEPARTMENT, AND OFFICER DEVON MICHAEL MORAN, DEFENDANTS. ISAAC KENNETH FULLMAN, PLAINTIFF,
v.
CENTRE COUNTY COURTHOUSE DISTRICT ATTORNEYS OFFICE AND CENTRE COUNTY COURTHOUSE DEFENDANTS. ISAAC KENNETH FULLMAN, PLAINTIFF,
v.
CENTRE COUNTY CORRECTIONAL FACILITY, JEFFREY T. HITE, MICHAEL WOODS, LT. JEANNA ANANEA CAPT. JOHN PERRYMAN, AND LT. M GORDON, DEFENDANTS. ISAAC KENNETH FULLMAN, PLAINTIFF,
v.
CENTRE COUNTY COURTHOUSE, CENTRE COUNTY DISTRICT ATTORNEY'S OFFICE, SEAN P. MCGRAW, CENTRE COUNTY CORRECTIONAL FACILITY, WARDEN JEFFREY T. HITE, AND CAPTAIN JOHN PERRYMAN, DEFENDANTS.



The opinion of the court was delivered by: Matthew W. Brann United States District Judge

(Judge Brann)

(Magistrate Judge Carlson)

MEMORANDUM

BACKGROUND:

As an initial matter, plaintiff Isaac Kenneth Fullman, proceeding pro se, has eight separate actions*fn1 pending before the undersigned. The court is addressing all eight actions in one memorandum and order for three reasons: First, Fullman himself refers to multiple cases in his filings with the court; second, all eight have overlapping and repetitive alleged facts and defendants; and third, because the court will dismiss seven of the actions so that Fullman may file one all-inclusive amended complaint that consolidates all of his claims into one action.

Civil Action No. 4:12-CV-1879:

On September 20, 2012, Fullman, proceeding pro se, filed a complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 1). Construing the complaint liberally*fn2, Fullman's complaint alleges that a racially motivated police stop on April 23, 2010, resulted in him being found guilty of a driving under the influence (hereinafter "DUI") charge in the Court of Common Pleas of Centre County, Pennsylvania; the jury for his DUI trial held on December 14, 2010, was not impartial because the jurors were all Caucasian and Fullman is African-American; his counsel for the DUI trial, Edward Blanarick, Esquire, was ineffective because he refused to argue that the jury was impartial; and Fullman also refers generally to Eighth and Fourteenth Amendment violations. The named defendants are the Patton Township Police Department, Sgt. Matthew Shupenko and Chief John Petrick.

The matter was initially referred to United States Magistrate Judge Martin

C. Carlson. On September 21, 2012, the magistrate judge filed a twelve-page report and recommendation (Doc. No. 5), recommending that Fullman's complaint be dismissed without prejudice in order for Fullman to file an amended complaint. Objections to the report and recommendation were filed by Fullman on November 16, 2012. (Doc. No. 13). Fullman also filed a Motion to Appoint Counsel on December 12, 2012. (Doc. No. 14).

Civil Action No. 4:12-CV-1880:

On September 20, 2012, Fullman, proceeding pro se, filed a complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 1). Construing the complaint liberally, Fullman's complaint alleges a racially motivated police stop on December 12, 2008, resulted in him being found guilty of a driving under the influence (hereinafter "DUI") charge in the Court of Common Pleas of Centre County, Pennsylvania and Fullman also refers generally to Eighth and Fourteenth Amendment violations. The named defendants are the Pennsylvania State University Police Department and Officer Matthew Massaro.

The matter was initially referred to United States Magistrate Judge Martin

C. Carlson. On September 21, 2012, the magistrate judge filed a twelve-page report and recommendation (Doc. No. 4), recommending that Fullman's complaint be dismissed without prejudice in order for Fullman to file an amended complaint. Objections to the report and recommendation were filed by Fullman on October 15, 2012. (Doc. No. 9). Fullman also filed a Motion for Extension of Time/Motion to Appoint Counsel on December 12, 2012. (Doc. No. 13).

Civil Action No. 4:12-CV-1881:

On September 20, 2012, Fullman, proceeding pro se, filed a complaint pursuant to 42 U.S.C. § 1983. (Doc. No. 1). Construing the complaint liberally, Fullman's complaint alleges a racially motivated police stop by Officer Brian Foster on July 31, 2010, resulted in him being found guilty of a DUI charge in the Court of Common Pleas of Centre County, Pennsylvania; the jury for his DUI trial held on December 14, 2010, was not impartial because the jurors were all Caucasian and Fullman is African-American; his counsel for the DUI trial, Edward Blanarick, Esquire, was ineffective because he refused to argue that the jury was impartial; Officer Michael S. Mamolen charged him with a harassment misdemeanor 3 because Fullman is African American; Fullman also alleges Eighth and Fourteenth Amendment violations for racial discrimination; and Fullman requests "the Disorderly Charge summary dismissed and expunged off my criminal record." The named defendant is the Centre County Courthouse District Attorney's Office.

The matter was initially referred to United States Magistrate Judge Martin

C. Carlson. On September 21, 2012, the magistrate judge filed a twelve-page report and recommendation (Doc. No. 5), recommending that Fullman's complaint be dismissed without prejudice in order for Fullman to file an amended complaint. Objections to the report and recommendation were filed by Fullman on October 15, 2012. (Doc. Nos. 9 and 10). Fullman also filed a Motion for Extension of Time/Motion to Appoint Counsel on December 12, 2012. (Doc. No. 14).

Civil Action No. 4:12-CV-1882:

On September 20, 2012, Fullman, proceeding pro se, filed a complaint pursuant to 42 U.S.C. ยง 1983. (Doc. No. 1). Construing the complaint liberally, Fullman's complaint alleges a racially motivated police stop by Officer Brian Foster on July 31, 2010, resulted in him being found guilty of a DUI charge in the Court of Common Pleas of Centre County, Pennsylvania; Fullman asks for his citations to be dismissed because of the alleged racial profiling; Officer Michael S. Mamolen charged him with a harassment misdemeanor 3 because Fullman is African American; Fullman also alleges Eighth and Fourteenth Amendment violations for racial discrimination; and Fullman requests "the Disorderly Charge ...


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