Davis v. USA
| Lonnie Bernard Davis |
| USA |
| 6:2022cv00136 |
| July 25, 2022 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| P SO |
| Henry R Wilhoit |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. § 2674 Federal Tort Claims Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 6, 2023. A more recent docket listing may be available from PACER.
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Filing 33
SUMMONS Returned Executed by Lonnie Bernard Davis via Certified Mail by USMS to U.S. Attorney EDKy served on 8/22/2022. Service to U.S. Attorney General executed via Certified Mail by USMS on 08/23/2022. (KJA)
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Filing 31
Summons Issued as to USA,. Summons issued and delivered to U.S. Marshal with a completed USM-285 form and service packet for USA, U.S. Attorney and U.S. Attorney General. Summons issued and delivered to U.S. Marshal for service (KJA) (Additional attachment(s) added on 8/17/2022: #1 Receipt) (MM).
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Filing 30
MEMORANDUM OPINION & ORDER: 1. Davis's "Motion for Extension of Time to Perform Service and Petition to Direct Service be through the U.S. Marshals Office" (Doc. #10 ) is DENIED AS MOOT; 2. Davis's "Declaration for Entry of Default and Motion for SummaryJudgment" (Doc. #19 ) and his "letter in support" requesting entry of default (Doc. #23 ) are DENIED; 3. Davis's "Motion to Voluntary Dismissal (sic) of Complaint and Retract any Obligation Prior to Response from Respondent Alternative Motion of No Further PLRA Obligation due to Voluntary Dismissal with Return of Collected Filing Fee" (Doc. #20 ) is DENIED AS MOOT; 4. Davis's "Rule 59(e) Motion to Alter or Amend Judgment and AlternativelyWithdraw Motion for Voluntary Dismissal" (Doc. #22 ) is DENIED; 5. The Deputy Clerk shall prepare a "Service Packet" for service upon the United States of America. 6. The Deputy Clerk shall deliver the Service Packets to the USMS in Lexington, Kentucky and note the date of delivery in the docket; 7. The USMS shall serve the United States of America by sending a Service Packet by certified or registered mail to the Civil Process Clerk at the Office of the United States Attorney for the Eastern District of Kentucky; and the Office of the Attorney General of the United States in Washington, D.C.; 8. Davis must immediately advise the Clerk's Office of any change in hiscurrent mailing address. Failure to do so may result in dismissal of thiscase; and 9. If Davis wishes to seek relief from the Court, he must do so by filing a formal motion sent to the Clerk's Office. Signed by Judge David L. Bunning on 08/15/2022.(KJA)cc: CORand Lonnie Bernard Davis by US Mail
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Filing 28
ORDER: The civil case previously assigned to Judge Henry R. Wilhoit, Jr. is REASSIGNED to Judge David L. Bunning. Signed by Judge Danny C. Reeves on 8/8/2022.(MM)cc: CORand Lonnie Bernard Davis by US Mail
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Filing 27
IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (with updated docket sheet) (Attachments: #1 Sample Caption Page)(MM)
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Filing 25
CASE TRANSFERRED IN from District of North Carolina Eastern. Case number 5:21-ct-03121. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR w/ copy of docket sheet to plaintiff
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Filing 24
ORDER - The court ORDERS the clerk to TRANSFER the action to the United States District Court for the Eastern District of Kentucky. Signed by Chief Judge Richard E. Myers II on 7/22/2022. (Lopez, R.) Modified on 7/25/2022 - Copy of order sent to plaintiff via US Mail. (Lopez, R.). [Transferred from nced on 7/25/2022.]
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Conflict Check run. (CBD)
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***MOTION SUBMITTED TO CHAMBERS of Henry R. Wilhoit, Jr for review: re #20 MOTION to Dismiss, #10 MOTION for Extension of Time, #22 MOTION to Alter Judgment, #19 MOTION for Entry of Default (CBD) Modified text on 8/5/2022 (MM).
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Motion Submitted to Chief Judge Richard E. Myers II regarding #22 MOTION (Rule 59(e)) to Alter or Amend Judgment and Alternatively Withdraw Motion for Voluntary Dismissal. (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 23
Letter in Support regarding #19 MOTION for Entry of Default filed by Lonnie Bernard Davis. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 22
MOTION (Rule 59(e)) to Alter or Amend Judgment and Alternatively Withdraw Motion for Voluntary Dismissal filed by Lonnie Bernard Davis. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 21
ORDER - Plaintiff is DIRECTED to respond to the instant order regarding whether he seeks to withdraw the motion for voluntary dismissal (D.E. 20) no later than 21 days after entry of the instant order. Should plaintiff fail to respond, the clerk is DIRECTED, without further order of the court, to dismiss the action for failure to prosecute and failure to respond to court order, and terminate any remaining motions as moot. Signed by Chief Judge Richard E. Myers II on 4/4/2022. Copy of order sent to plaintiff via US Mail. (Responses due by 4/25/2022.) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 20
MOTION to voluntary dismissal of complaint and retract any obligation prior to response from respondent alternative; Motion of no further PLRA obligation due to voluntary dismissal with return of collected filing fee filed by Lonnie Bernard Davis. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Motion Submitted to Chief Judge Richard E. Myers II regarding #20 MOTION to Dismiss. (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 19
MOTION for Entry of Default and Motion for Summary Judgment filed by Lonnie Bernard Davis. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 18
Letter from Lonnie B. Davis requesting a copy of the complaint. Courtesy copy [D.E. 1] sent to plaintiff is SASE provided. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Motion Submitted to Chief Judge Richard E. Myers II regarding #19 MOTION for Entry of Default and Motion for Summary Judgment. (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 17
Letter from Lonnie Bernard Davis requesting copies. Response letter and copy of DE #1 sent to plaintiff via US Mail. (Attachments: #1 Envelope, #2 Response to request) (Lopez, R.) Modified on 2/11/2022 - copy sent in SASE provided by plaintiff. (Lopez, R.). [Transferred from nced on 7/25/2022.]
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Filing 16
Letter from Lonnie B. Davis requesting copy of docket sheet. Courtesy copy of docket sheet sent to plaintiff via US Mail. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 15
Letter from Lonnie B. Davis requesting copies of his service receipts. Copy of D.E. #12 sent to plaintiff via US Mail in SASE provided. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 14
Letter from Lonnie B. Davis requesting copies of documents. Copies of DE 4, 8, 10 and 12 sent in SASE provided. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 13
Letter from Lonnie B. Davis requesting status update. Courtesy copy of docket sheet sent to plaintiff via US Mail. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 12
Affidavit of Service for Summons filed by Lonnie Bernard Davis served on AUSA, Civil Division on 10/20/2021. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 11
Letter from Lonnie B. Davis requesting a copy of complaint. Copy of complaint sent to plaintiff in SASE provided. (Attachments: #1 Envelope) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 10
MOTION for Extension of Time to perform service and petition to direct service through U.S. Marshal's Office filed by Lonnie Bernard Davis. (Attachments: #1 Cover Letter, #2 Envelope) (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Motion Submitted to Chief Judge Richard E. Myers II regarding #10 MOTION for Extension of Time. (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 9
Notice of Change of Address (McDowell FCI) filed by Lonnie Bernard Davis. (Attachment: #1 Envelope) (Indig, A.) [Transferred from nced on 7/25/2022.]
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Filing 8
ORDER granting #2 Motion to Proceed Without Prepayment of Fees. Signed by Magistrate Judge Robert B. Jones, Jr. on 5/26/2021. Copy sent to plaintiff and Federal Bureau of Prisons via US Mail. (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Case Submitted to Chief Judge Richard E. Myers II. As soon as review is completed by the court, an order will enter and the next appropriate step will be taken. (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 7
Prisoner Trust Fund Account Statement. (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Motion Referred to US Magistrate Judge Robert B. Jones, Jr. regarding #2 MOTION to Proceed Without Prepayment of Fees. (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 6
TRUST FUND INFORMATION REQUESTED. (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 5
Order (Prisoner Litigation Reform Act) Response to Order due by 5/26/2021. Signed by Magistrate Judge Robert B. Jones, Jr. on 5/5/2021. Copy sent to plaintiff via US Mail. (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 4
Letter regarding case opening sent to plaintiff via US Mail. (Lopez, R.) [Transferred from nced on 7/25/2022.]
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Filing 2
MOTION to Proceed Without Prepayment of Fees filed by Lonnie Bernard Davis. (Indig, A.) [Transferred from nced on 7/25/2022.]
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Filing 1
COMPLAINT against United States of America filed by Lonnie Bernard Davis. (Attachments: #1 Cover Letter, #2 Envelope) Copy of complaint sent to plaintiff in SASE he provided. (Indig, A.) [Transferred from nced on 7/25/2022.]
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