WALLACE v. UNITED STATES OF AMERICA BOARD OF VETERANS APPEALS

Plaintiff: DON BRADLEY WALLACE
Defendant: UNITED STATES OF AMERICA BOARD OF VETERANS APPEALS
Case Number: 1:2024cv00773
Filed: March 18, 2024
Court: US District Court for the District of Columbia
Presiding Judge: Trevor N McFadden
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1346 Tort Claim
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 14, 2024 MINUTE ORDER: The Court construes Plaintiff's #8 filing as a Motion for Default Judgment under Federal Rule of Civil Procedure 55. See Castro v. United States, 540 U.S. 375, 381-82 (2003) (recognizing a federal court's ability to "ignore the legal label that a pro se litigant attaches to a motion and recharacterize the motion in order...to create a better correspondence between the substance of the pro se motion's claim and its underlying legal basis"). So construed, the Court DENIES the #8 Motion. Defendant has not sought an entry of default from the Clerk of Court. See Canady v. Erbe Elektromedizin GmbH, 307 F. Supp. 2d 2, 9 (D.D.C. 2004) ("Prior to obtaining a default judgment under either Rule 55(b)(1) or Rule 55(b)(2), there must be an entry of default as provided by Rule 55(a)."). Nor would such an entry be warranted because Defendant's response to the Complaint is due on May 24, 2024. SO ORDERED. Signed by Judge Trevor N. McFadden on 05/14/2024. (lctnm1)
May 14, 2024 NOTICE OF ERROR re #8 Motion for Summary Judgment; emailed to wbrad143@gmail.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document, 2. All filings must have a signature (mg, )
May 13, 2024 Filing 8 MOTION for Summary Judgment by DON BRADLEY WALLACE. (WALLACE, DON )
April 25, 2024 Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/25/2024. ( Answer due for ALL FEDERAL DEFENDANTS by 5/24/2024.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES OF AMERICA BOARD OF VETERANS APPEALS served on 3/21/2024. (See docket entry #6 to view document) (mg)
April 25, 2024 Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General March 25 2024. Modified docket text on 4/25/2024 (mg).
March 27, 2024 MINUTE ORDER: The Court GRANTS Plaintiff's #5 Motion for CM/ECF Password. The Clerk of the Court is directed to register Plaintiff for ECF notifications at wbrad143@gmail.com, to register Plaintiff for an ECF account, and to send Plaintiff his account information so that he will be able to submit his filings electronically. SO ORDERED. Signed by Judge Trevor N. McFadden on 03/27/2024. (lctnm1)
March 25, 2024 Filing 5 MOTION for CM/ECF Password by DON BRADLEY WALLACE. (mg)
March 19, 2024 MINUTE ORDER: The Court DENIES Plaintiff's #4 Motion for CM/ECF Password. Plaintiff's conclusory motion does not describe his access to the internet or confirm his "capacity to file documents and receive filings on a regular basis." LCvR 5.4(b)(2). Nor does it certify that Plaintiff "has successfully completed the entire Clerk's Office on-line tutorial" or that he "has been permitted to file electronically in other federal courts." Id. The Court directs Plaintiff to comply with all aspects of Local Civil Rule 5.4(b)(2) before submitting another request for a CM/ECF password. SO ORDERED. Signed by Judge Trevor N. McFadden on 03/19/2024. (lctnm1)
March 19, 2024 MINUTE ORDER: The Court GRANTS Plaintiff's #3 Motion for Permission to Use Post Office Box. Plaintiff has already provided his residential address as required under LCvR 5.1(c)(1). So the Court will permit him to use the Post Office Box address listed in his filing as his mailing address. SO ORDERED. Signed by Judge Trevor N. McFadden on 03/19/2024. (lctnm1)
March 18, 2024 Filing 4 MOTION for CM/ECF Password by DON BRADLEY WALLACE. (mg)
March 18, 2024 Filing 3 MOTION for Permission to Use Post Office Box by DON BRADLEY WALLACE. (mg)
March 18, 2024 Filing 2 NEW Pro Se Consent To Receive Notices of Electronic Filing by DON BRADLEY WALLACE (mg)
March 18, 2024 Filing 1 COMPLAINT against UNITED STATES OF AMERICA BOARD OF VETERANS APPEALS ( Filing fee $ 405, receipt number 206882) with Jury Demand filed by DON BRADLEY WALLACE. (Attachments: #1 Civil Cover Sheet)(mg)
March 18, 2024 SUMMONS (3) Issued Electronically as to UNITED STATES OF AMERICA BOARD OF VETERANS APPEALS, U.S. Attorney and U.S. Attorney General (mg)

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