SWEENEY v. USA
| CHARLES EDWARD SWEENEY, JR. |
| USA |
| 1:2022cv00047 |
| January 14, 2022 |
| United States Federal Claims Court |
| Richard A Hertling |
| Miscellaneous - Other |
| 28 U.S.C. § 1491 Tucker Act |
| None |
Docket Report
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Filing 25
ORDER granting #24 Motion to Transfer. The Clerk is directed to TRANSFER this matter back to the United States District Court for the Southern District of Indiana pursuant to 28 U.S.C. 1631 and to close the case. Signed by Judge Richard A. Hertling. (dhf) Service on parties made; plaintiff served via first class mail. (dls)
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| Filing 24 MOTION to Transfer Case Back to The United States District Court for the Southern District of Indiana, filed by CHARLES EDWARD SWEENEY, JR. FILED BY LEAVE OF THE JUDGE. Response due by 3/24/2022. (fm) |
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Filing 23
ORDER: For the reasons specified in the attached deficiency memorandum, the submission received on 3/1/2022 titled Motion to Transfer Case Back to District Court shall be filed by leave of the judge on 3/7/2022. Signed by Judge Richard A. Hertling. (Attachments: #1 Deficiency Memorandum) (fm) Service on parties made; plaintiff served via first class mail. (dls)
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| Filing 22 NOTICE of Appearance by Eric John Singley for USA . (Singley, Eric) |
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Filing 21
ORDER that the plaintiff shall file with the Court no later than 3/9/2022, a copy of the plea agreement on which his claim for a breach of contract is founded. If the plaintiff fails to submit a copy of his plea agreement by that date, the Court may dismiss his claim without prejudice for failure to prosecute under Rule 41(b) of the Rules of the Court of Federal Claims. If the plaintiff needs more time to obtain a copy of the plea agreement, he must seek an extension of the deadline prior to 3/9/2022. The time for the defendant to file an answer or appropriate motion in response to the complaint is tolled pending further order of the Court. Signed by Judge Richard A. Hertling. (agg) Service on parties made. Modified on 2/10/2022 by replacing main document (ead). Plaintiff served via first class mail. (dls)
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| Filing 20 TRANSFER COMPLAINT against USA (One copy to Department of Justice), filed by CHARLES EDWARD SWEENEY, JR.Answer due by 4/11/2022.(ead) (Main Document 20 replaced on 2/9/2022) (ead). (Additional attachment(s) added on 2/9/2022: #1 Exhibit) (ead). |
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Filing 19
ORDER Denying without prejudice #18 Motion Serve Parties with Notice of Filing Pursuant to Rule 3.1(a)(2). If the plaintiff has reason to believe after he files his amended complaint that the defendant has not received the amended complaint, he may renew his motion. Signed by Judge Richard A. Hertling. (agg) Service on parties made. Modified on 2/7/2022 - Plaintiff served U.S. mail. (hw1).
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| Filing 18 MOTION to Serve Parties with Notice of Filing Pursuant to Rule 3.1(a)(2)., filed by CHARLES EDWARD SWEENEY, JR.Response due by 2/1/2022.(ead) |
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Filing 17
REISSUED AMENDED GENERAL ORDER No. 2 dated 3/3/2021 continuing the suspension of paper filing requirements in pro se cases: Consistent with this court's General Order issued on 3/18/2020, it is ordered that judges, special masters, the Clerk of Court, and counsel of record for the United States may file electronically in pro se cases using the court's Case Management/Electronic Case Filing (CM/ECF) system. Pro se litigants shall, absent extraordinary circumstances, submit all case filings via e-mail to ProSe_case_filings@cfc.uscourts.gov. Pro se litigants may, if feasible, receive notification by e-mail of all electronic filings by filing an E-Notification Consent Form, attached to the General Order. Signed by Chief Judge Elaine D. Kaplan. (hw1) Service on parties made. Plaintiff served via U.S. mail.
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| Filing 16 NOTICE of Non-ECF Case. Plaintiff served via U.S. mail. (hw1) |
| Filing 15 Notice of Random Assignment Pursuant to Rule 40.1(a) to Judge Richard A. Hertling. Plaintiff served via U.S. mail. (hw1) |
| Filing 14 There has been filed this day, on behalf of the parties, the record as transferred from the United States District Court for the District of Southern District of Indiana (Terre Haute), Case No.2:21-cv-00330-JRS-MJD. Original File consisting of entire record electronically transferred via CMECF Inter District Case Transfer events. Transfer Complaint due by 2/11/2022. (Attachments: #1 INSTRUCTIONS FOR TRANSFERS FROM OTHER COURTS RCFC 3.1) Plaintiff served via U.S. mail. (hw1) |
| Filing 13 CASE TRANSFERRED IN from District of Indiana Southern. Case number 2:21-cv-00330. Original file, certified copy of transfer order and docket sheet received. |
| Filing 12 Transfer Letter to Clerk of the United States Court of Federal Claims. Case transferred electronically to United States Court of Federal Claims, on November 6, 2021. (KAA) [Transferred from Indiana Southern on 1/14/2022.] |
| Filing 11 CLOSED TRANSFER to United States Court of Federal Claims. Signed by Judge James R. Sweeney II on 11/6/2021.(KAA) [Transferred from Indiana Southern on 1/14/2022.] |
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Filing 10
**PLEASE DISREGARD - DOCKETED USING INCORRECT EVENT** Order Granting Motion to Transfer and Transferring Action to the United States Court of Federal Claims - Mr. Sweeney has filed a motion to transfer this case to the Court of Federal Claims asserting that that court has jurisdiction over this claim. Mr. Sweeney's motion to transfer, dkt. #9 , is granted. The clerk shall transfer this action to the United States Court of Federal Claims. Signed by Judge James R. Sweeney II on 11/6/2021. (KAA) Modified on 11/8/2021 (KAA). [Transferred from Indiana Southern on 1/14/2022.]
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| Filing 9 MOTION to Transfer Case to the Court of Federal Claims, filed by Plaintiff CHARLES EDWARD SWEENEY, JR. (Attachments: #1 Text of Proposed Order)(KAA) [Transferred from Indiana Southern on 1/14/2022.] |
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Filing 8
ORDER DIRECTING REFUND - Court records indicate that plaintiff has overpaid his filing fee in the amount of $3.00. See receipt at dkt. 7 . Accordingly, the clerk is directed to issue a refund to plaintiff for that amount. The clerk shall mail a Treasury check for $3.00 to Charles Edward Sweeney, Jr. Signed by Judge James R. Sweeney II on 9/16/2021.(KAA) [Transferred from Indiana Southern on 1/14/2022.]
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| Filing 7 RECEIPT #IP075776 for filing fee in the amount of $405.00, paid by CHARLES SWEENEY. (DJH) [Transferred from Indiana Southern on 1/14/2022.] |
| Filing 6 CONSENT to Jurisdiction to US Magistrate Judge by CHARLES EDWARD SWEENEY, JR. (KAA) [Transferred from Indiana Southern on 1/14/2022.] |
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Filing 5
ENTRY DIRECTING PAYMENT OF FILING FEE - Mr. Sweeney is a prisoner who has filed at least three suits or appeals which have been dismissed as frivolous, malicious, or for failure to state a claim. This renders him ineligible to proceed in forma pauperis. Mr. Sweeney shall have through October 8, 2021, to pay the $402.00 filing fee for this civil action. Failure to do so will result in dismissal of this action without further notice. See Order. Signed by Judge James R. Sweeney II on 9/8/2021.(KAA) [Transferred from Indiana Southern on 1/14/2022.]
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| Filing 4 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (TMC) [Transferred from Indiana Southern on 1/14/2022.] |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) [Transferred from Indiana Southern on 1/14/2022.] |
| Filing 2 COMPLAINT against UNITED STATES OF AMERICA, filed by CHARLES EDWARD SWEENEY, JR. (No fee paid with this filing) (Attachments: #1 Exhibit, #2 Summons)(KAA) [Transferred from Indiana Southern on 1/14/2022.] Modified on 1/14/2022 by sealing attachment due to P.I.I. included (ead). |
| Filing 1 CONSENT to Prisoner E-Service by CHARLES EDWARD SWEENEY, JR located at WVCF. Pursuant to General Order 2013-1, documents submitted by CHARLES EDWARD SWEENEY, JR to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (KAA) [Transferred from Indiana Southern on 1/14/2022.] |
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| Plaintiff: CHARLES EDWARD SWEENEY, JR. | |
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| Defendant: USA | |
| Represented By: | Eric John Singley |
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