Pellow v. BAILOR et al

Filing 4

MEMORANDUM ORDER denying 2 Motion to Disqualify Judge. Plaintiff must effect proper service under Rule 4 on defendants and make proof of service under Rule 4(l)(1) on or before 6/5/2025, or the complaint will be dismissed without prejudice as prov ided in Rule 4(m) as to any defendant not served. If plaintiff wants the Marshal to make service (at plaintiff's expense) on the defendants he should file a motion requesting an order to that effect. Signed by Magistrate Judge Keith A. Pesto on 3/5/2025. Copy mailed to plaintiff. (bgs)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JESSE PELLOW,
Plaintiff
v.
PETER WEEKS, BLAIR COUNTY
DISTRICT ATTORNEY, et al.,
Defendants

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: Case No. 3:25-cv-67-KAP
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Memorandum Order
Plaintiff has filed a pro se complaint for which he paid the filing fee. Because
plaintiff is not proceeding in forma pauperis, he must serve the named defendants as
provided in Fed.R.Civ.P. 4(m):
If a defendant is not served within 90 days after the complaint is filed, the
court – on motion or on its own after notice to the plaintiff – must dismiss the action
without prejudice against that defendant or order that service be made within a
specified time.
Plaintiff must effect proper service under Rule 4 on defendants and make proof of
service under Rule 4(l)(1) on or before June 5, 2025, or the complaint will be dismissed
without prejudice as provided in Rule 4(m) as to any defendant not served. If plaintiff
wants the Marshal to make service (at plaintiff’s expense) on the defendants he should
file a motion requesting an order to that effect.
Plaintiff’s first motion to disqualify, ECF no. 2, is denied. My presiding over a
previous case and ruling against plaintiff is not a basis for moving for my recusal, it is
judge-shopping. This case came to me in the first instance because plaintiff advised the
Clerk that it is related to a previous matter I presided over. I will preside over this one
only until all the consent forms to magistrate judge jurisdiction have been returned: if all
parties consent I would preside over the case, and if the parties do not consent then a
district judge will preside. In the latter case I may or may not be referred the matter for
pretrial management by the district judge. The extent of my participation is a decision for
the district judge, not me.

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The consent process proceeds through the Clerk’s Office so that magistrate judges
do not know who consents or does not consent in any case referred with less than full
consent, so ordinarily the Clerk would not proceed to draw a district judge until after
service, the appearance of counsel, and the return of all consents. But since it is clear that
plaintiff will not consent to my presiding over the case the Clerk can draw a district judge
at this time.

DATE: March 5, 2025
Notice by U.S. Mail to:

Keith A. Pesto,
United States Magistrate Judge

Jesse D. Pellow
PO Box 223
Altoona, PA 16603

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