Burkman v. Bureau of Prisons, et al
| David W. Burkman |
| Bureau of Prisons, Michael D. Carvajal, Kevin Kelley, Jane Doe, Ian Connors, Sean Marler, John Doe, Patricia Comstock, Karen Stiltner and Mitchel Holliday |
| 3:2023cv00506 |
| April 19, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Jeffrey A Meyer |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| None |
Docket Report
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This docket was last retrieved on May 16, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER. The Court GRANTS the motion for extension of time (Doc. #26 ) subject to reconsideration if plaintiff wishes to file an objection with reasons within 7 days. It is so ordered. Signed by Judge Jeffrey A. Meyer on 5/16/2023. (Lewis, D)
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| Answer deadline updated for Bureau of Prisons to 7/14/2023; Michael D. Carvajal to 7/14/2023; Ian Connors to 7/14/2023; John Doe to 7/14/2023; Jane Doe to 7/14/2023; Mitchel Holliday to 7/14/2023; Kevin Kelley to 7/14/2023; Sean Marler to 7/14/2023; Karen Stiltner to 7/14/2023. (Lewis, D) |
| Filing 26 MOTION for Extension of Time until July 14, 2023, to Respond to #1 Complaint, by Bureau of Prisons, Michael D. Carvajal, Ian Connors, John Doe, Jane Doe, Mitchel Holliday, Kevin Kelley, Sean Marler, Karen Stiltner. (Larson, John) |
| Filing 25 NOTICE of Appearance by John W. Larson on behalf of Bureau of Prisons, Michael D. Carvajal, Ian Connors, John Doe, Jane Doe, Mitchel Holliday, Kevin Kelley, Sean Marler, Karen Stiltner (Larson, John) |
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Filing 24
ORDER. The Court has reviewed the docket upon its recent transfer to the District of Connecticut. The defendants shall file any answer or other response to the initial complaint on or before May 15, 2023. However, if the plaintiff wishes to file an amended complaint as he sought to prior to the transfer of this case, he may file a motion for leave to file an amended complaint along with a copy of the proposed amended complaint on or before May 8, 2023. In the event that plaintiff chooses to file a motion for leave to file an amended complaint, the defendants need not file an answer to the initial complaint but instead shall file any objection or other response to plaintiffs motion for leave to file an amended complaint by May 15, 2023. It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/24/2023.(Lewis, D)
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| Filing 23 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Notice to counsel in transferred case. Signed by Clerk on 4/21/2023.(Chartier, AnnMarie) |
| Filing 22 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 4/19/2023.(Chartier, AnnMarie) |
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Filing 21
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 4/19/2023.(Chartier, AnnMarie)
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Filing 20
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 4/19/2023.(Chartier, AnnMarie)
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Filing 19
Order on Pretrial Deadlines: Amended Pleadings due by 6/18/2023 Discovery due by 10/19/2023 Dispositive Motions due by 11/23/2023 Signed by Clerk on 4/19/2023.(Chartier, AnnMarie)
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| Filing 18 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 4/19/2023.(Chartier, AnnMarie) |
| Filing 17 Case electronically transferred in from District of District of Columbia; Case Number 1:21-cv-03338. Modified on 4/21/2023 TO CORRECT THE DATE FILED (Oliver, T.). |
| Judge Jeffrey A. Meyer and Judge Maria E. Garcia added. (Oliver, T.) |
| Filing 16 LEAVE TO FILE DENIED- DAVID W. BURKMAN - Letter This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "LEAVE TO FILE DENIED. Plaintiff's letter inquiring about the status of case is not a cognizable motion or other permitted filing." Signed by Judge Tanya S. Chutkan on 03/29/2023. (zjm) |
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Filing 15
ORDER granting Defendants' #5 Motion to Transfer Case and denying without prejudice Plaintiff's #12 Motion for Leave to File. See Order for details. The Clerk of the Court shall mail a copy of this Order and the accompanying Memorandum Opinion to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 03/29/2023. (lcss)
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| Filing 14 MEMORANDUM OPINION re: Defendants' #5 Motion to Transfer and Plaintiff's #12 Motion for Leave to File an Amended Complaint. Signed by Judge Tanya S. Chutkan on 03/29/2023. (lcss) |
| Set/Reset Deadlines: Transfer due by 4/18/2023. (tb) |
| Filing 13 Memorandum in opposition to re #5 Motion to Transfer Case, Motion to Dismiss, filed by DAVID W. BURKMAN. (Attachments: #1 Declaration, #2 Index, #3 Certificate of Service)(znmw) |
| Filing 12 MOTION for Leave to File Amended Complaint by DAVID W. BURKMAN. (Attachments: #1 Amended Complaint)(znmw) |
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MINUTE ORDER: Plaintiff's Amended Complaint #11 is hereby STRICKEN. Plaintiff is no longer entitled to amend "as a matter of course" pursuant to Federal Rule of Civil Procedure 15(a)(1). Accordingly, he must obtain "the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Any motion for leave to amend shall set forth the basis for any proposed amendments to Plaintiff's 285 paragraph Complaint. Failure to comply with the Federal Rules of Civil Procedure, the Local Rules and/or orders of the court may result in sanctions, up to and including dismissal of this action. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 7/7/22. (DJS)
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MINUTE ORDER: Finding as moot Plaintiff's Motions #9 #10 for Extension of Time to File Response/Reply as to #5 MOTION to Transfer Case /MOTION to Dismiss. On 06/23/2022 this court ordered Plaintiff to file his response by 7/29/22. See ECF No. #8 . The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 7/7/22. (DJS)
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| Filing 11 AMENDED COMPLAINT against BUREAU OF PRISONS, MICHAEL D. CARVAJAL, IAN CONNORS, JANE DOE, JOHN DOE, MITCHEL HOLLIDAY, KEVIN KELLEY, SEAN MARLER, KAREN STILTNER filed by DAVID W. BURKMAN.(znmw) |
| Filing 10 Second MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Transfer Case MOTION to Dismiss by DAVID W. BURKMAN. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(znmw) Modified docket text on 7/7/2022 (znmw). |
| Filing 9 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Transfer Case MOTION to Dismiss by DAVID W. BURKMAN. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service, #3 Cover Letter)(znmw) |
| Set/Reset Deadlines: Response due by 7/29/2022. (tb) |
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Filing 8
FOX/NEAL Order advising plaintiff to respond to Defendants' Motion to Transfer by 7/29/22 or Court may deem matter as conceded. Plaintiff's response limited to eighteen pages. The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 6/23/22. (DJS)
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MINUTE ORDER: Granting #7 Motion for Extension of Time to Answer. Defendants shall have twenty-one (21) days from either the docketing of this action in the transferee court or the denial of the Motion to Transfer to file a response to the Complaint. Signed by Judge Tanya S. Chutkan on 6/23/22. (DJS)
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| Filing 7 MOTION for Extension of Time to File Answer by BUREAU OF PRISONS, MICHAEL D. CARVAJAL, PATRICIA COMSTOCK, IAN CONNORS, JANE DOE, JOHN DOE, MITCHEL HOLLIDAY, KEVIN KELLEY, SEAN MARLER, KAREN STILTNER. (Moustakas, John) |
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MINUTE ORDER: Denying #6 Motion for Extension of Time to Answer without prejudice for failing to comply with Local Civil Rule 7(c) ) which requires that "[e]ach motion... shall be accompanied by a proposed order." Signed by Judge Tanya S. Chutkan on 6/17/22. (DJS)
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| Filing 6 MOTION for Extension of Time to File Answer re #1 Complaint, , by BUREAU OF PRISONS, MICHAEL D. CARVAJAL, PATRICIA COMSTOCK, IAN CONNORS, JANE DOE, JOHN DOE, MITCHEL HOLLIDAY, KEVIN KELLEY, SEAN MARLER, KAREN STILTNER. (Moustakas, John) |
| Filing 5 MOTION to Transfer Case by BUREAU OF PRISONS, MICHAEL D. CARVAJAL, PATRICIA COMSTOCK, IAN CONNORS, JANE DOE, JOHN DOE, MITCHEL HOLLIDAY, KEVIN KELLEY, SEAN MARLER, KAREN STILTNER. (Moustakas, John). Added MOTION to Dismiss on 6/6/2022 (znmw). |
| Set/Reset Deadlines: Answer due by 6/3/2022. (tb) |
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MINUTE ORDER: Granting #4 Motion for Extension of Deadlines. Defendants shall answer or otherwise respond to the Complaint by June 3, 2022. The parties are hereby reminded that Local Civil Rule 7(c), requires that "[e]ach motion...shall be accompanied by a proposed order." The Clerk of the Court shall mail a copy of this order to Plaintiff at his address of record. Signed by Judge Tanya S. Chutkan on 4/7/22. (DJS)
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| Filing 4 MOTION for Extension of Time to File Answer re #1 Complaint, or Otherwise Respond by BUREAU OF PRISONS, MICHAEL D. CARVAJAL, PATRICIA COMSTOCK, IAN CONNORS, JANE DOE, JOHN DOE, MITCHEL HOLLIDAY, KEVIN KELLEY, SEAN MARLER, KAREN STILTNER. (Moustakas, John) |
| Filing 3 AFFIDAVIT of Mailing re #1 Complaint, by DAVID W. BURKMAN. (znmw) |
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Filing 2
ORDER: Advising pro se Plaintiff of his obligation to follow the FRCP, Local Rules and orders of the court, including rules regarding service of process. Failure to adhere to these rules or orders may result in sanctions, up to and including dismissal of this action. The Clerk of the Court shall mail a copy of this order to : DAVID W. BURKMAN, R40422-013, DANBURY FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, ROUTE 37, DANBURY, CT 06811. (See order for further details). Signed by Judge Tanya S. Chutkan on 12/30/21. (DJS)
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| Filing 1 COMPLAINT against BUREAU OF PRISONS, MICHAEL D. CARVAJAL, PATRICIA COMSTOCK, IAN CONNORS, JANE DOE, JOHN DOE, MITCHEL HOLLIDAY, KEVIN KELLEY, SEAN MARLER, KAREN STILTNER ( Filing fee $ 402, receipt number TBD) filed by DAVID W. BURKMAN. (Attachments: #1 Civil Cover Sheet)(zjf) |
| SUMMONS Not Issued as to BUREAU OF PRISONS, MICHAEL D. CARVAJAL, PATRICIA COMSTOCK, IAN CONNORS, JANE DOE, JOHN DOE, MITCHEL HOLLIDAY, KEVIN KELLEY, SEAN MARLER, KAREN STILTNER (zjf) |
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