ROSS v. PIKE et al
| KEVIN LEE ROSS |
| PIKE, D GRAY, JAQUES, BJORK, CORPRAL LIBBY, STAPLES, ANDREWS and LIBBY |
| 1:2024cv00016 |
| January 24, 2024 |
| US District Court for the District of Maine |
| JOHN C NIVISON |
| NANCY TORRESEN |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
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Filing 36
CLERK'S Third SUPPLEMENTAL CERTIFICATE Re: #22 Notice of Appeal Documents Sent to U.S. Court of Appeals (slg)
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Filing 35
ORDER reserving ruling #32 Motion to Extend Time to File Notice of Appeal. Plaintiff has filed a notice of appeal which is now pending in the First Circuit Court of Appeals. If Plaintiff is seeking time to supplement his pleading in the First Circuit, Plaintiff should file the motion with the First Circuit. If Plaintiff is seeking time to file another appeal, Plaintiff must supplement his motion with the identity of the order from which he seeks to appeal. Plaintiff shall file such motion on or before April 8, 2024. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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Filing 34
ORDER dismissing without prejudice #33 Motion to Appoint Counsel. Plaintiff seeks the appointment of counsel on an appeal. Whether Plaintiff is entitled to the appointment of counsel on appeal is an issue for the First Circuit to consider. Plaintiff's prior motion to appoint counsel on appeal was forwarded to the First Circuit. (See Order, ECF No. 28.) By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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set Deadlines per Order #35: supplement to motion identifying the order from which he seeks an appeal due by 4/8/2024. (slg)
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Third Supplemental Record on Appeal transmitted to US Court of Appeals re #22 Notice of Appeal(slg)
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Filing 33
MOTION to Appoint Counsel by KEVIN LEE ROSS (Attachments: #1 Envelope)(slg)
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Filing 32
MOTION for Extension of Time to Appeal by KEVIN LEE ROSS (Attachments: #1 Envelope)(slg)
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Filing 31
CLERK'S Second SUPPLEMENTAL CERTIFICATE Re: #22 Notice of Appeal Documents Sent to U.S. Court of Appeals (slg)
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Filing 30
ADDITIONAL ATTACHMENTS filed by KEVIN LEE ROSS re #22 Notice of Appeal (Attachments: #1 Envelope)(slg)
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2nd Supplemental Record on Appeal transmitted to US Court of Appeals re #22 Notice of Appeal(slg)
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Filing 29
CLERK'S First SUPPLEMENTAL CERTIFICATE Re: #22 Notice of Appeal Documents Sent to U.S. Court of Appeals (slg)
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Filing 28
ORDER on #27 Motion to Appoint Counsel. Through the motion, Plaintiff asks the Court to appoint counsel on his appeal to the First Circuit. The Court understands that the question of whether Plaintiff is entitled to the appointment of counsel on appeal is an issue to be decided by the First Circuit. The clerk is directed to forward the motion to the First Circuit. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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Supplemental Record on Appeal transmitted to US Court of Appeals re #22 Notice of Appeal (slg)
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Filing 27
MOTION to Appoint Counsel by KEVIN LEE ROSS (Attachments: #1 envelope)(jam)
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Filing 26
ADDITIONAL ATTACHMENTS (duplicative copies) filed by KEVIN LEE ROSS re #22 Notice of Appeal.. (Attachments: #1 cover letter re: notice of appeal, #2 envelope)(jam)
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Filing 25
USCA Case Number 24-00016 for #22 Notice of Appeal filed by KEVIN LEE ROSS. (slg)
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Filing 24
CLERK'S CERTIFICATE Re: #22 Notice of Appeal, Documents sent to the U.S. Court of Appeals. (jwr)
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Filing 23
APPEAL COVER SHEET Re: #22 Notice of Appeal (jwr)
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Abbreviated Appeal Record Transmitted Electronically to U.S. Court of Appeals re #22 Notice of Appeal (jwr)
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COPIES of Notice of Appeal Sent to Pro Se Plaintiff Re: #22 Notice of Appeal filed by KEVIN LEE ROSS. (jwr)
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Filing 22
NOTICE OF APPEAL as to #18 Judgment, #17 Order on Report and Recommendations by KEVIN LEE ROSS. NOTICE TO FILER: A transcript Report/Order form MUST be completed and submitted to the First Circuit Court of Appeals. The form can be found under the Forms & Fees section on their website at #https://www.ca1.uscourts.gov.NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #https://pacer.psc.uscourts.gov. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #https://www.ca1.uscourts.gov/cmecf (Attachments: #1 Envelope)(jwr)
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Filing 21
ORDER denying #19 Motion to Amend Complaint and #20 Appeal of the Magistrate Judge's Decision. On March 4, 2024, I entered an order (ECF No. 17) adopting the Report and Recommended Decision of the Magistrate Judge and dismissing the Plaintiff's Complaint. Judgment entered (ECF No. 18) and the case was terminated the same day. Because there is no open pending case, the Plaintiff's motions must be denied. See Weigang v. Univ. of Me., No. 1:21-cv-00271-NT, 2022 WL 538262, at *2 (D. Me. Feb. 23, 2022) ("[M]ultiple courts have held that Rule 15 (the rule allowing for amendments to pleadings) does not apply to closed cases."). Even if I were to consider the motion to amend, the Plaintiff's amended complaint does not provide a basis on which relief could be granted, and granting leave to amend would be futile. See Glassman v. Computervision Corp., 90 F.3d 617, 623 (1st Cir. 1996) (" 'Futility' means that the complaint, as amended, would fail to state a claim upon which relief could be granted."). Further, as to the Plaintiff's appeal of the Magistrate Judge's decision not to recuse, 28 U.S.C. 455 does not allow me, another judge, to disqualify him because the statute is clear that the disqualification determination must be made by the "judge[ ] or magistrate judge... himself." 28 U.S.C. 455 (emphasis added). Accordingly, the Plaintiff's motions are denied. By JUDGE NANCY TORRESEN. (RGK)
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Filing 20
(Appeal) OBJECTION to #15 Order on Objection requesting disqualification of Judge filed by KEVIN LEE ROSS. (Attachments: #1 Envelope)(jwr)
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Filing 19
MOTION to Amend #1 Complaint by KEVIN LEE ROSS (Attachments: #1 Envelope)(jwr)
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Filing 18
JUDGMENT By Rodrigue, DEPUTY CLERK. (jwr)
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Filing 17
ORDER adopting Report and Recommended Decision re #6 REPORT AND RECOMMENDED DECISION re #1 Complaint By JUDGE NANCY TORRESEN. (jwr)
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Filing 16
ORDER denying #14 Objection requesting disqualification of Judge By JUDGE NANCY TORRESEN. (jwr)
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Filing 15
ORDER denying #14 Objection requesting disqualification of Judge By MAGISTRATE JUDGE JOHN C. NIVISON. (jwr)
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Filing 14
OBJECTION requesting disqualification of Judges filed by KEVIN LEE ROSS. (Attachments: #1 Envelope)(jwr)
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Filing 13
ADDITIONAL ATTACHMENTS filed by KEVIN LEE ROSS re #12 Motion for Preliminary Injunction, Motion for TRO.. (Attachments: #1 Envelope)(slg)
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Filing 12
MOTION for Injunction, MOTION for Restraining Order by KEVIN LEE ROSS (Attachments: #1 Envelope)(jwr)
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Filing 11
ADDITIONAL ATTACHMENTS filed by KEVIN LEE ROSS re #1 Complaint.. (Attachments: #1 Envelope)(slg)
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Filing 10
ORDER denying #9 Motion to Transfer Case. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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Filing 9
MOTION to Transfer Case by KEVIN LEE ROSS (Attachments: #1 Envelope)(slg)
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Filing 8
ADDITIONAL ATTACHMENTS filed by KEVIN LEE ROSS re #7 Renewed Motion to Proceed Without Prepayment of Fees and Costs.. (Attachments: #1 Envelope)(slg)
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Filing 7
Renewed MOTION to Proceed Without Prepayment of Fees and Costs by KEVIN LEE ROSS (Attachments: #1 Attachment 1, #2 Envelope)(slg)
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Filing 6
REPORT AND RECOMMENDED DECISION re #1 Complaint. Objections to R&R due by 2/9/2024. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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Filing 5
ORDER denying without prejudice #3 Motion to Appoint Counsel. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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Filing 4
ORDER denying without prejudice #2 Motion to Proceed Without Prepayment of Fees and Costs. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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Set Deadlines: Filing Fee or new application to proceed without prepayment of fees and costs due by 2/8/2024. (MFS)
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Filing 3
MOTION to Appoint Counsel by KEVIN LEE ROSS (jwr)
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Filing 2
MOTION to Proceed Without Prepayment of Fees and Costs by KEVIN LEE ROSS (Attachments: #1 Letter in support)(jwr)
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Filing 1
COMPLAINT against ANDREWS, BJORK, D GRAY, JAQUES, LIBBY, PIKE, STAPLES, filed by KEVIN LEE ROSS. (Service of Process Deadline 4/23/2024) (Attachments: #1 Envelope)(jwr)
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