(PC) Carter v. United States of America et al
| Terrance Mack Carter |
| United States of America and FCI Mendota |
| 1:2023cv00352 |
| March 9, 2023 |
| US District Court for the Eastern District of California |
| Ana de Alba |
| Helena M Barch-Kuchta |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| None |
Docket Report
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Filing 38
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Ana de Alba and Magistrate Judge Helena M. Barch-Kuchta. The new case number is: 1:23-cv-00352-ADA-HBK. (Maldonado, C)
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SERVICE BY MAIL: 38 Clerk's Notice Reassigning Case served on Terrance Mack Carter. (Maldonado, C)
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Filing 37
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Hall, Benjamin)
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Filing 36
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Lundstrom, T)
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Filing 35
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED: Consent or Decline due within thirty (30) days. (Attachments: #1 Order re Consent) (Lawrence, A)
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Filing 34
CASE TRANSFERRED IN from District of California Southern; Case Number 3:20-cv-00525.
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Filing 33
Case transferred to District of Eastern California. Files transferred electronically to: *District of Eastern California*.*501 I Street, Room 4-200**Sacramento, CA 95814*. Signed by Judge John A. Houston on 3/8/2023. (Attachments: #1 Transfer Order) (All non-registered users served via U.S. Mail Service)(smy1) [Transferred from casd on 3/9/2023.]
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SERVICE BY MAIL: #35 Prisoner New Case Documents for Magistrate Judge as Presider served on Terrance Mack Carter. (Lawrence, A)
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Filing 32
REPLY to Response to Motion re #26 MOTION to Dismiss filed by United States of America. (Attachments: #1 Certificate of Service)(Garabed, Michael) (smy1). [Transferred from casd on 3/9/2023.]
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Filing 31
RESPONSE in Opposition re #26 MOTION to Dismiss filed by Terrence Mack Carter. (smy1) [Transferred from casd on 3/9/2023.]
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Filing 30
ORDER Setting Briefing Schedule re #26 MOTION to Dismiss: Plaintiff's Response due by 2/15/2023. If Defendant wishes to Reply, it is due by 3/1/2023. Signed by Judge John A. Houston on 1/13/2023. (All non-registered users served via U.S. Mail Service)(smy1)(jrd) [Transferred from casd on 3/9/2023.]
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Filing 29
ORDER VACATING HEARING, Motions Submitted #26 MOTION to Dismiss . IT IS HEREBY ORDERED the motion is taken under submission without oral argument and the hearing set for December 7, 2022, at 10:30 a.m. is VACATED. Signed by Judge John A. Houston on 12/1/2022. (All non-registered users served via U.S. Mail Service)(smy1) (Main Document 29 replaced to flatten signature on 12/2/2022) (smy1)(jrd) [Transferred from casd on 3/9/2023.]
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Filing 28
REPLY - Other re #26 MOTION to Dismiss filed by United States of America. (Attachments: #1 Certificate of Service)(Garabed, Michael) (smy1). [Transferred from casd on 3/9/2023.]
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Filing 27
USM 285 as to United States of America (smy1) [Transferred from casd on 3/9/2023.]
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Filing 26
MOTION to Dismiss by United States of America. (Attachments: #1 Certificate of Service)(Garabed, Michael)Attorney Michael A Garabed added to party United States of America(pty:dft) (smy1). [Transferred from casd on 3/9/2023.]
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Filing 25
ORDER OF TRANSFER. Magistrate Judge Andrew G. Schopler is no longer assigned. Case reassigned to Magistrate Judge Lupe Rodriguez, Jr for all further proceedings. The new case number is 20cv0525-JAH-LR. Signed by Magistrate Judge Andrew G. Schopler on 10/4/2022.(All non-registered users served via U.S. Mail Service)(exs) [Transferred from casd on 3/9/2023.]
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Filing 24
ORDER Granting in Part #23 Motion to Extend Time for Service: The Court will grant plaintiff's extension request but only for 60 days. Plaintiff must provide proof of service by November 22, 2022. Signed by Magistrate Judge Andrew G. Schopler on 9/15/2022. (All non-registered users served via U.S. Mail Service)(smy1)(jrd) [Transferred from casd on 3/9/2023.]
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Filing 23
MOTION for Extension of Time to Complete Service by Terrence Mack Carter. (smy1) [Transferred from casd on 3/9/2023.]
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Filing 22
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. IFP Packet Mailed to Plaintiff (Attachments: #1 IFP Letter)(smy1) [Transferred from casd on 3/9/2023.]
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Filing 21
ORDER Discharging Order to Show Cause, Extending Time to Serve Defendant, and Directing Clerk to Send Plaintiff an Additional Service Packet re #19 Order to Show Cause, #20 Response to Order to Show Cause filed by Terrence Mack Carter. Signed by Magistrate Judge Andrew G. Schopler on 6/16/2022.(All non-registered users served via U.S. Mail Service) (Certified Copy to USM) IFP Packet including #7 Directing U.S. Marshal to Effect Service of First Amended Complaint Pursuant to 28 U.S.C. 1915(d) and Fed. R. Civ. P. 4(c)(3) mailed to Plaintiff on 6/16/2022 (smy1)(jrd) [Transferred from casd on 3/9/2023.]
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Filing 20
RESPONSE TO ORDER TO SHOW CAUSE by Terrence Mack Carter re #19 Order to Show Cause. (smy1) [Transferred from casd on 3/9/2023.]
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Filing 19
ORDER TO SHOW CAUSE Order to Show Cause Brief due by 7/1/2022. Signed by Magistrate Judge Andrew G. Schopler on 5/26/2022.(All non-registered users served via U.S. Mail Service)(smy1) Updated Plaintiff's address according to BOP (smy1)(jrd) [Transferred from casd on 3/9/2023.]
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Filing 18
NOTICE of Change of Address by Terrence Mack Carter (jms) [Transferred from casd on 3/9/2023.]
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Filing 17
Mail Returned as Undeliverable re #16 Order on Motion to Appoint Counsel. Mail sent to Terrence Mack Carter. (bta) [Transferred from casd on 3/9/2023.]
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Filing 16
ORDER denying #15 Motion for Appointment of Counsel without prejudice. Signed by Magistrate Judge Andrew G. Schopler on 7/15/2021. (All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 3/9/2023.]
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Filing 15
MOTION to Appoint Counsel by Terrence Mack Carter. NUNC PRO TUNC 7/09/2021 (jpp) [Transferred from casd on 3/9/2023.]
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Filing 14
Notice of Document Discrepancies and Order Thereon by Magistrate Judge Andrew G. Schopler Accepting Document: Motion to Appoint Counsel., from Plaintiff Terrence Mack Carter. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Civ.L. Rule 5.2 - Missing Proof of Service;. Nunc Pro Tunc 7/09/2021. Signed by Magistrate Judge Andrew G. Schopler on 7/13/2021.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 3/9/2023.]
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Filing 13
Request for Default Judgment. NUNC PRO TUNC 1/08/2021 (jpp) [Transferred from casd on 3/9/2023.]
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Filing 12
Notice of Document Discrepancies and Order Thereon by Magistrate Judge Andrew G. Schopler Accepting Document: Request for Default Judgment, from Plaintiff Terrence Mack Carter. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Civ.L. Rule 5.2 / Fed. R. Civ. P. 55(a) Default judgment premature; no proof of service filed or clerks default entered. Fed. R. Civ. P. 55(d): A default judgment may be entered against the United States, its officers, or its agencies only if the claimant established a claim or right to relief by evidence that satisfies the court. Nunc Pro Tunc 1/08/2021. Signed by Magistrate Judge Andrew G. Schopler on 4/29/2012.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 3/9/2023.]
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Filing 11
Letter Requesting Default Judgment. NUNC PRO TUNC 4/19/2021 (jpp) [Transferred from casd on 3/9/2023.]
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Filing 10
Notice of Document Discrepancies and Order Thereon by Magistrate Judge Andrew G. Schopler Accepting Document: Letter requesting Default Judgment, from Plaintiff Terrence Mack Carter. Non-compliance with local rule(s), OTHER: Civ.L.Rule 83.9 Parties to an action must refrain from writing ex parte letters to the judge.. Nunc Pro Tunc 4/19/2021. Signed by Magistrate Judge Andrew G. Schopler on 4/29/2021.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 3/9/2023.]
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Filing 9
NOTICE of Change of Address by Terrence Mack Carter (jms) [Transferred from casd on 3/9/2023.]
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Filing 8
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: #1 IFP Letter) [IFP Packet mailed to Plaintiff] (tcf) [Transferred from casd on 3/9/2023.]
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Filing 7
ORDER Directing U.S. Marshal to Effect Service of First Amended Complaint Pursuant to 28 U.S.C. 1915(d) and Fed. R. Civ. P. 4(c)(3). Signed by Judge John A. Houston on 6/30/2020. (All non-registered users served via U.S. Mail Service) (tcf) [Transferred from casd on 3/9/2023.]
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Filing 6
AMENDED COMPLAINT against United States of America, filed by Terrence Mack Carter. (jms) [Transferred from casd on 3/9/2023.]
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Filing 5
ORDER: (1) Granting #2 Plaintiff's Motion to Proceed In Forma Pauperis; (2) Sua Sponte Dismissing Complaint for Failing to State a Claim Pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A(b)(1); and (3) Denying #4 Motion for U.S. Marshal Service as Premature. The Court GRANTS Plaintiff 45 days leave from the date of this Order in which to file an Amended Complaint which cures the deficiencies of pleading noted. Signed by Judge John A. Houston on 5/28/2020. (All non-registered users served via U.S. Mail Service and Warden mailed copy of Order.) (tcf) [Transferred from casd on 3/9/2023.]
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Filing 4
MOTION for U.S. Marshal Service by Terrence Mack Carter. Nunc Pro Tunc 4/30/2020(jms) [Transferred from casd on 3/9/2023.]
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Filing 3
Notice of Document Discrepancies and Order Thereon by Judge John A. Houston Accepting Document: Motion for U.S. Marshal Service, from Plaintiff Terrence Mack Carter. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Motion to Proceed IFP [ECF No. 2] remains pending; Complaint submitted for screening per 28 U.S.C. 1915(e)(2) and 1915A. Nunc Pro Tunc 4/30/2020. Signed by Judge John A. Houston on 5/1/2020.(All non-registered users served via U.S. Mail Service)(jms) [Transferred from casd on 3/9/2023.]
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Filing 1
COMPLAINT Against United States of America, filed by Terrence Mack Carter. ($400.00 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-525-JAH-AGS. Judge John A. Houston and Magistrate Judge Andrew G. Schopler are assigned to the case.[Case in Screening per 28 USC 1915] (jms)(Docket text updated to correct plaintiff name.)(jms)(jrd) [Transferred from casd on 3/9/2023.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Terrence Mack Carter. (jms) Docket text updated to correct plaintiff nam (jms). [Transferred from casd on 3/9/2023.]
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