Jackson v. Federal Bureau of Prisons et al
Plaintiff: David Lee Jackson
Defendant: Hugh Hurwitz, David J Ebbert, J Ray Ormond, Federal Bureau of Prisons and Michael Carvajal
Case Number: 1:2020cv00338
Filed: March 16, 2020
Court: US District Court for the Western District of Louisiana
Office: Alexandria Office
Presiding Judge: Dee D Drell
Referring Judge: Joseph H L Perez-Montes
Nature of Suit: Prisoner Petitions: Civil Rights
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2020 Opinion or Order Filing 44 ORDER granting #43 Motion for Extension of Time to Secure Substitute Counsel. IT IS FURTHER ORDERED that Plaintiff shall secure counsel authorized to practice in the United States Western District of Louisiana, and whose appearance shall be entered, no later than June 6, 2020. Compliance Deadline set for 6/6/2020. Signed by Magistrate Judge Joseph H L Perez-Montes on 4/22/2020. (crt,MiletelloSld, A)
April 21, 2020 Filing 43 MOTION FOR EXTENSION of Time to Secure Substitute Counsel with consent by David Lee Jackson. Motions referred to Magistrate Judge Joseph H L Perez-Montes. Motion Ripe Deadline set for 4/21/2020. (Attachments: #1 Certificate of Service, #2 Proposed order)(crt,MiletelloSld, A)
April 21, 2020 Filing 42 NOTICE of Deficiency to Margaret R Spitzer on behalf of David Lee Jackson regarding #41 Letter. Reason: No proposed order and request is not in motion format. (crt,Roaix, G)
April 21, 2020 Filing 41 ?DEFICIENT? LETTER from Margaret Sptizer to Magistrate Judge Perez-Montes requesting an extension of time to find replacement counsel. (crt,Roaix, G) Modified on 4/21/2020 (Roaix, G).
March 24, 2020 Opinion or Order Filing 40 ORDER granting #39 Motion to Substitute Attorney. Attorney Timothy Judge terminated. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/24/2020. (crt,Bunting, M)
March 19, 2020 Filing 39 MOTION to Substitute Attorney Katherine W. Vincent in place of Timothy Judge with consent sought but not yet obtained by Federal Bureau of Prisons, Michael Carvajal, Hugh Hurwitz. Motions referred to Joseph H L Perez-Montes.Motion Ripe Deadline set for 3/19/2020. (Attachments: #1 Proposed order)(Attorney Katherine W Vincent added to party Federal Bureau of Prisons(pty:dft), Attorney Katherine W Vincent added to party Michael Carvajal(pty:dft), Attorney Katherine W Vincent added to party Hugh Hurwitz(pty:dft))(aty,Vincent, Katherine)
March 18, 2020 Opinion or Order Filing 38 TRANSFER ORDER regarding admission status of counsel. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/18/2020. (crt,MiletelloSld, A)
March 17, 2020 Filing 37 PROPOSED TRANSFER ORDER Referred to Magistrate Judge Joseph H L Perez-Montes..Motion Ripe Deadline set for 3/17/2020. (crt,Thigpen, M)
March 17, 2020 Filing 36 DISTRICT CASE transferred in from District of Pennsylvania Middle; Case Number 4:19-cv-00287. Original file copy of transfer order and docket sheet received
March 16, 2020 CASE Assigned to Judge Dee D Drell and Magistrate Judge Joseph H L Perez-Montes. (crt,Thigpen, M)
March 16, 2020 Opinion or Order Filing 35 ORDER ADOPTING REPORT AND RECOMMENDATION, ORDER TRANSFERRING CASE - IT IS HEREBY ORDERED that #31 Magistrate Judge Saporito's Report and Recommendation is adopted; #19 Defendants' motion to dismiss is granted in part and denied in part; Clerk directed to transfer the remaining claims to United States District Court, Western District of Louisiana; Clerk directed to close this case. Signed by Honorable Matthew W. Brann on 3/16/2020. (See order for further/complete details) (case closed)(lg) [Transferred from Pennsylvania Middle on 3/17/2020.]
March 13, 2020 Filing 34 WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Claire Ann Blewitt terminated on behalf of David Lee Jackson. (Blewitt, Claire) [Transferred from Pennsylvania Middle on 3/17/2020.]
January 6, 2020 Filing 33 MEMORANDUM OF LAW by Michael Carvajal, David J. Ebbert, Hugh Hurwitz, J. Ray Ormond, The Federal Bureau of Prisons re #32 Objection to Report and Recommendations . (Judge, Timothy) [Transferred from Pennsylvania Middle on 3/17/2020.]
December 23, 2019 Filing 32 OBJECTION to #31 Report and Recommendations . (Blewitt, Claire) [Transferred from Pennsylvania Middle on 3/17/2020.]
December 9, 2019 Filing 31 REPORT AND RECOMMENDATIONS re #19 MOTION to Dismiss MOTION for Summary Judgment filed by Hugh Hurwitz, David J. Ebbert, The Federal Bureau of Prisons, Michael Carvajal, J. Ray Ormond. For the foregoing reasons, it is recommended that:1.The defendants motion to dismiss and/or for summary judgment (Doc. 19) be GRANTED in part and DENIED in part;2.The plaintiffs claims against defendants David J. Ebbert and J. Ray Ormond be DISMISSED for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure; and3.The remainder of this action be TRANSFERRED to the United States District Court for the Western District of Louisiana pursuant to 28 U.S.C. 1406(a). Objections to R&R due by 12/23/2019Signed by Magistrate Judge Joseph F. Saporito, Jr on 12/9/19. (ms) [Transferred from Pennsylvania Middle on 3/17/2020.]
October 15, 2019 Filing 30 REPLY BRIEF re #19 MOTION to Dismiss MOTION for Summary Judgment filed by Michael Carvajal, David J. Ebbert, Hugh Hurwitz, J. Ray Ormond, The Federal Bureau of Prisons. (Attachments: #1 Unpublished Opinion(s))(Judge, Timothy) [Transferred from Pennsylvania Middle on 3/17/2020.]
October 1, 2019 Filing 29 RESPONSE by David Lee Jackson to #20 Statement of Facts, . (Attachments: #1 Certificate of Service)(Spitzer, Margaret) [Transferred from Pennsylvania Middle on 3/17/2020.]
October 1, 2019 Filing 28 BRIEF IN OPPOSITION re #19 MOTION to Dismiss MOTION for Summary Judgment filed by David Lee Jackson. (Attachments: #1 Certificate of Compliance - Word Count, #2 Unpublished Opinion(s), #3 Proposed Order, #4 Certificate of Service)(Spitzer, Margaret) [Transferred from Pennsylvania Middle on 3/17/2020.]
September 10, 2019 Opinion or Order Filing 27 ORDER re #19 MOTION to Dismiss MOTION for Summary Judgment filed by Hugh Hurwitz, David J. Ebbert, The Federal Bureau of Prisons, Michael Carvajal, J. Ray Ormond - plaintiff shall file his brief in opposition to the Doc. 19 motion to dismiss and for summary judgment, together with his responsive statement and any exhibits, within 21 days after entry of this order.Signed by Magistrate Judge Joseph F. Saporito, Jr on 9/10/19. (ms) [Transferred from Pennsylvania Middle on 3/17/2020.]
September 4, 2019 Filing 26 AMENDED COMPLAINT against All Defendants, filed by David Lee Jackson.(ms) [Transferred from Pennsylvania Middle on 3/17/2020.]
September 4, 2019 Opinion or Order Filing 25 ORDER granting #24 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Joseph F. Saporito, Jr on 9/4/19 (ms) [Transferred from Pennsylvania Middle on 3/17/2020.]
September 3, 2019 Filing 24 Unopposed MOTION for Leave to File an Amended Complaint by David Lee Jackson. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order, #4 Certificate of Service)(Spitzer, Margaret) [Transferred from Pennsylvania Middle on 3/17/2020.]
July 25, 2019 Opinion or Order Filing 23 ORDER granting #22 Motion to Extend Time to respond to defendants' motion to dismiss/summary judgment. Opposition brief due 9/5/19Signed by Magistrate Judge Joseph F. Saporito, Jr on 7/25/19 (ms) [Transferred from Pennsylvania Middle on 3/17/2020.]
July 24, 2019 Filing 22 Unopposed MOTION for Extension of Time to To Respond To Defendants Motion To Dismiss And/Or For Summary Judgment by David Lee Jackson. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Spitzer, Margaret) [Transferred from Pennsylvania Middle on 3/17/2020.]
July 16, 2019 Filing 21 BRIEF IN SUPPORT re #19 MOTION to Dismiss MOTION for Summary Judgment filed by Michael Carvajal, David J. Ebbert, Hugh Hurwitz, J. Ray Ormond, The Federal Bureau of Prisons. (Attachments: #1 Unpublished Opinion(s))(Judge, Timothy) [Transferred from Pennsylvania Middle on 3/17/2020.]
July 16, 2019 Filing 20 STATEMENT OF FACTS re #19 MOTION to Dismiss MOTION for Summary Judgment filed by Michael Carvajal, David J. Ebbert, Hugh Hurwitz, J. Ray Ormond, The Federal Bureau of Prisons. (Attachments: #1 Exhibit(s))(Judge, Timothy) [Transferred from Pennsylvania Middle on 3/17/2020.]
July 2, 2019 Filing 19 MOTION to Dismiss , MOTION for Summary Judgment by Michael Carvajal, David J. Ebbert, Hugh Hurwitz, J. Ray Ormond, The Federal Bureau of Prisons. (Attachments: #1 Certificate of Nonconcurrence, #2 Proposed Order, #3 Proposed Order)(Judge, Timothy) [Transferred from Pennsylvania Middle on 3/17/2020.]
June 20, 2019 Filing 18 NOTICE of Appearance by Margaret R Spitzer on behalf of David Lee Jackson (Spitzer, Margaret) [Transferred from Pennsylvania Middle on 3/17/2020.]
May 24, 2019 Filing 17 SUMMONS Returned Executed by David Lee Jackson. J. Ray Ormond served on 5/7/2019, answer due 7/8/2019. (Blewitt, Claire) [Transferred from Pennsylvania Middle on 3/17/2020.]
May 21, 2019 Filing 16 SUMMONS Returned Executed by David Lee Jackson. Hugh Hurwitz served on 5/6/2019, answer due 7/5/2019. (Blewitt, Claire) [Transferred from Pennsylvania Middle on 3/17/2020.]
May 21, 2019 Filing 15 SUMMONS Returned Executed by David Lee Jackson. David J. Ebbert served on 5/6/2019, answer due 7/5/2019. (Blewitt, Claire) [Transferred from Pennsylvania Middle on 3/17/2020.]
May 21, 2019 Filing 14 SUMMONS Returned Executed by David Lee Jackson. Michael Carvajal served on 5/6/2019, answer due 7/5/2019. (Blewitt, Claire) [Transferred from Pennsylvania Middle on 3/17/2020.]
May 21, 2019 Filing 13 SUMMONS Returned Executed by David Lee Jackson. The Federal Bureau of Prisons served on 5/6/2019, answer due 7/5/2019. (Blewitt, Claire) [Transferred from Pennsylvania Middle on 3/17/2020.]
May 21, 2019 Filing 12 SUMMONS Returned Executed by David Lee Jackson. The Federal Bureau of Prisons served on 5/3/2019, answer due 7/2/2019. (Blewitt, Claire) [Transferred from Pennsylvania Middle on 3/17/2020.]
April 24, 2019 Filing 11 Summons Issued as to Michael Carvajal, David J. Ebbert, Hugh Hurwitz, The Federal Bureau of Prisons and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (ep) [Transferred from Pennsylvania Middle on 3/17/2020.]
April 24, 2019 Opinion or Order Filing 10 ORDER - Clerk of Court shall issue summons and provide same to plaintiff's counsel for service of the complaint upon the named defendants.Signed by Magistrate Judge Joseph F. Saporito, Jr on 4/24/19. (ms) [Transferred from Pennsylvania Middle on 3/17/2020.]
April 23, 2019 Receipt of payment from DILWORTH PAXSON in the amount of $400.00 for CIVIL FILING FEE. Transaction posted on 4/19/2019. Receipt number 333065434 processed by aoswald. (jjs, ) [Transferred from Pennsylvania Middle on 3/17/2020.]
April 22, 2019 Filing fee received: $ 400.00, receipt number 333065434. Complaint is now deemed FILED. (lg) [Transferred from Pennsylvania Middle on 3/17/2020.]
April 19, 2019 Filing 9 Filing fee: $ 400.00, receipt number 333065434 (ao) [Transferred from Pennsylvania Middle on 3/17/2020.]
April 5, 2019 Opinion or Order Filing 8 ORDER denying #2 Motion for Leave to Proceed in forma pauperis; denying #7 Motion for Leave to Proceed in forma pauperis. Plaintiff shall pay the requisite filing and administrative fees to the Clerk of Court within 30 days of the date of this Order or the complaint may be dismissed without prejudice.Signed by Magistrate Judge Joseph F. Saporito, Jr on 4/5/19 (ms) [Transferred from Pennsylvania Middle on 3/17/2020.]
April 1, 2019 Filing 7 MOTION for Leave to Proceed in forma pauperis by David Lee Jackson. (Attachments: #1 Exhibit(s))(Blewitt, Claire) [Transferred from Pennsylvania Middle on 3/17/2020.]
March 27, 2019 Opinion or Order Filing 6 ORDER granting #5 Motion for Extension of Time to File revised and updated application to proceed in forma pauperis. Due date extended to 4/26/19Signed by Magistrate Judge Joseph F. Saporito, Jr on 3/27/19 (ms) [Transferred from Pennsylvania Middle on 3/17/2020.]
March 26, 2019 Filing 5 MOTION for Extension of Time to File Revised and Updated Application to Proceed In Forma Pauperis by David Lee Jackson. (Attachments: #1 Exhibit(s) A, #2 Proposed Order, #3 Certificate of Service)(Blewitt, Claire) [Transferred from Pennsylvania Middle on 3/17/2020.]
February 25, 2019 Filing 4 THIRTY (30) DAY ADMINISTRATIVE ORDER directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed by LP on 02/25/2019. (Attachments: #1 IFP (Civil Rights))(lp) [Transferred from Pennsylvania Middle on 3/17/2020.]
February 21, 2019 Filing 3 PRISONER AUTHORIZATION by David Lee Jackson allowing prison to submit copy of prisoner's trust fund account to the court, and approving the entire filing fee to be deducted from prisoner inmate account.. (nr) [Transferred from Pennsylvania Middle on 3/17/2020.]
February 21, 2019 Filing 2 MOTION/Application for Leave to Proceed in forma pauperis by David Lee Jackson.(nr) [Transferred from Pennsylvania Middle on 3/17/2020.]
February 21, 2019 Filing 1 COMPLAINT against Michael Carvajal, David J. Ebbert, Hugh Hurwitz, J. Ray Ormond, The Federal Bureau of Prisons lodged pending the disposition of the Motion to Proceed In Forma Pauperis, filed by David Lee Jackson. (Attachments: #1 Exhibt 1, #2 Exhibt 2, #3 Exhibt 3, #4 Exhibt 4, #5 Exhibt 5, #6 Exhibt 6, #7 Exhibt 7, #8 Exhibt 8, #9 Exhibt 9, #10 Exhibt 10, #11 Exhibt 11, #12 Exhibt 12, #13 Exhibt 13, #14 Exhibt 14, #15 Exhibt 15, #16 Exhibt 16, #17 Civil Cover Sheet)(nr) [Transferred from Pennsylvania Middle on 3/17/2020.]

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Defendant: Hugh Hurwitz
Represented By: Timothy Judge
Represented By: Katherine W Vincent
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Defendant: David J Ebbert
Represented By: Timothy Judge
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Defendant: J Ray Ormond
Represented By: Timothy Judge
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Defendant: Federal Bureau of Prisons
Represented By: Timothy Judge
Represented By: Katherine W Vincent
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Defendant: Michael Carvajal
Represented By: Timothy Judge
Represented By: Katherine W Vincent
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Plaintiff: David Lee Jackson
Represented By: Margaret R. Spitzer
Represented By: Margaret R Spitzer
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