Opinion
Civil Action 2:21-1208
11-15-2022
QUINTEZ TALLEY, and PENNSYLVANIANS WITH MENTAL ILLNESS, Plaintiffs, v. COMMONWEALTH OF PENNSYLVANIA, et al., Defendants.
Maureen P. Kelly, United States Magistrate Judge
MEMORANDUM ORDER
Cathy Bissoon, United States District Judge
This case was referred to United States Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Local Rule of Civil Procedure 72.On August 5, 2022, this Court entered a Memorandum Order (Doc. 22) adopting Judge Kelly's Report recommending dismissal of Plaintiff, Quintez Talley's, federal claims pre-service, sua sponte, pursuant to 28 U.S.C. § 1915A. The Memorandum Order also formally dismissed all claims raised on behalf of “Pennsylvanians with Mental Illness,” and declined to exercise jurisdiction over Talley's state law claims (Doc. 22). Final Judgment in the case was entered that same day (Doc. 23).
This matter initially was referred to Chief Magistrate Judge Cynthia Reed Eddy. Judge Eddy recused herself from the case on October 14, 2021, and the case was reassigned to Judge Kelly at that time. (Doc. 7).
On November 2, 2022, Talley filed a pro se “Motion for Class Certification” asking the Court to certify “Pennsylvanians with Mental Illness” as a class. (Doc. 24). The Motion is denied to this extent. As set forth above, the group “Pennsylvanians with Mental Illness” was dismissed as an improper party in this case, and Talley's Complaint was dismissed in its entirety.
Talley's Motion, however, also suggests that he did not receive notice of the Final Judgment or the Court Order overruling his objections and adopting Judge Kelly's R&R. See Doc. 24 ¶ 4 (stating that he has “yet to hear anything” following his filing of objections to the R&R in May, 2022). Giving Talley the benefit of the doubt, the Court is re-sending a copy of the August 5, 2022 Memorandum Order and Final Judgment (Docs. 22, 23) together with the instant Order, via U.S. first-class mail to Talley's address of record.
Because final judgment was entered on August 5, 2022, the time for appealing the judgment has elapsed. See Fed. R. App. P. 4(a). Thus, should Talley wish to appeal the judgment, he must first file a Motion to Reopen the Time to File an Appeal within fourteen (14) days after receiving the copies of the Memorandum Order and Final Judgment enclosed herewith. See Fed. R. App. P. 4(a)(6). If timely filed, the Court will consider such a Motion and reopen the appeal period if all of the remaining Rule 4(a)(6) requirements are met.
IT IS SO ORDERED.