Faber v. Smith
| Robert Andy Faber |
| Terrare Smith, Terrance Smith, USA, Joel Alexander, Becky Clay and Heather Howard |
| 1:2019cv00964 |
| November 14, 2019 |
| US District Court for the Western District of Michigan |
| Southern Division (1) Office |
| Sally J Berens |
| Robert J Jonker |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Copy of Order to File Amended Pleading on the Form #28 , 42 U.S.C. 1983 form and Receipt of Case Notice #27 resent via U.S. Mail to Robert Andy Faber #86204-004, 2333 Helen Ave. #32, Portage, MI 49002 (clw) |
| Filing 30 RETURNED MAIL: Copy of Receipt of Case Notice #27 that was sent via U.S. Mail to Robert Andy Faber #86204-004 returned to the Court marked not deliverable as addressed; resent 12/6/2019 (clw) |
| Filing 29 CHANGE OF ADDRESS for plaintiff Robert Andy Faber to Robert Andy Faber #86204-004, 2333 Helen Ave. #32, Portage, MI 49002 (clw) |
Filing 28
ORDER directing the filing party to submit an amended pleading in proper form within 28 days or the action may be dismissed; signed by Magistrate Judge Sally J. Berens (cbh)
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| Copy of Order to File Amended Pleading on the Form #28 with a required form sent via U.S. Mail to Robert Andy Faber #86204-004 (ns) |
| Filing 27 NOTICE of receipt of case (clw) |
| Copy of Receipt of Case Notice #27 sent via U.S. Mail to Robert Andy Faber #86204-004, 537 Chicago Ave, Kalamazoo MI 49048 (clw) |
| Filing 26 Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Berens indicating that this case is related to 1:19-cv-24 and 1:17-cv-355 (jlg) |
| Filing 25 CASE TRANSFERRED IN from Louisiana Western, their case number 2:19-cv-00199; the documents listed above were electronically transferred to the Western District of Michigan (jlg) |
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Filing 24
JUDGMENT; adopting #19 Report and Recommendations. IT IS ORDERED that the Bivens claim brought against defendant Terrance Smith be severed and transferred to the USDC for the Western District of Michigan. Signed by Judge James D Cain, Jr on 11/14/2019. (crt,Jones, P) [Transferred from Louisiana Western on 11/14/2019.]
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Filing 23
ELECTRONIC ORDER granting #21 Motion for Extension of Time to Amend as instructed in #20 Order to Amend. Amended Pleadings due by 12/6/2019. Signed by Magistrate Judge Kathleen Kay on 10/28/2019. (jud,Kay, Kathleen) [Transferred from Louisiana Western on 11/14/2019.]
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| Filing 22 OBJECTION to #19 Report and Recommendations by Robert Andy Faber. Response to Objection to R&R due by 11/7/2019 (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 21 MOTION for Extension of Time to Amend #1 Complaint by Robert Andy Faber. Motions referred to Magistrate Judge Kathleen Kay. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
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Filing 20
MEMORANDUM ORDER: Directing plaintiff to amend complaint. Pro Se Response due by 11/14/2019. Signed by Magistrate Judge Kathleen Kay on 10/15/2019. (crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.]
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| Filing 19 REPORT AND RECOMMENDATIONS re #11 Amended Complaint, #4 Amended Complaint, and #9 Complaint filed by Robert Andy Faber. IT IS RECOMMENDED that the Bivens claim against Terrance Smith should be severed and transferred to the United States District Court for the Western District of Michigan. Objections to R&R due by 10/29/2019. Signed by Magistrate Judge Kathleen Kay on 10/15/2019. (crt,LaCombe, L) [Transferred from Louisiana Western on 11/14/2019.] |
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Filing 18
ELECTRONIC ORDER: This matter is hereby reassigned. Case reassigned to Judge James D Cain, Jr. Unassigned District Judge no longer assigned to case. Any pending motions and deadlines or hearings previously set before Unassigned District Judge are hereby reset before Judge Cain. All future filings should bear the name of the new judge assignment. Signed by Chief Judge S Maurice Hicks Jr.(crt,Whidden, C) [Transferred from Louisiana Western on 11/14/2019.]
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| Filing 17 NOTICE of Change of Address by Robert Andy Faber. Clerk updated plaintiff's address to 537 Chicago Ave, Kalamazoo, MI 49048. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 16 LETTER/NOTICE of Change of Address by Robert Andy Faber. Clerk updated plaintiff's address to 2333 Helen Ave, Portage, MI 49002 per doc. #8 . (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
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Filing 15
ORDER granting #12 Motion for Leave to Proceed in forma pauperis. Initial Partial Filing Fee due in the amount of $18.72. It is further ordered that plaintiff make payments of 20 percent of income for preceding month until $350.00 has been paid in full. Clerk manually noticed Prison Accounts Officer. Signed by Magistrate Judge Kathleen Kay on 4/23/2019. (crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.]
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| Filing 14 PROPOSED ORDER re #12 Motion for Leave to Proceed in forma pauperis, referred to Magistrate Judge Kathleen Kay. (Public entry, but no electronic notice). (crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 13 CORRECTIVE DOCUMENT entitled accounts officer page filed by Robert Andy Faber regarding #12 MOTION for Leave to Proceed in forma pauperis. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Robert Andy Faber. (Accounts officer page not completed. Clerk resent accounts officer page with a note stating it must be completed.) Motions referred to Magistrate Judge Kathleen Kay. (Attachments: #1 Exhibits, #2 Envelope)(crt,Haik, K) Modified to remove deficiency notation on 4/22/2019 (Haik, K). [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 11 AMENDED COMPLAINT against Joel Alexander, Heather Howard, USA, Terrance Smith filed by Robert Andy Faber. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 10 LETTER from Plaintiff to clerk re IFP application. (Attachments: #1 Envelope) (crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 9 COMPLAINT against Joel Alexander, Heather Howard filed by Robert Andy Faber. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 8 NOTICE of Future Change of Address by Robert Andy Faber. Plaintiff's address after 4/30/19 will be 2333 Helen Ave, Portage, MI 49002. (Attachments: #1 Exhibit)(crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 7 LETTER/EXHIBIT (Exhibit A Attached) from Robert Andy Faber. (Attachments: #1 Exhibit A, #2 Envelope) (crt,ThomasSld, T) [Transferred from Louisiana Western on 11/14/2019.] |
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Filing 6
MEMORANDUM ORDER: Plaintiff failed to submit documents on approved forms.Plaintiff failed to submit filing fee or a completed IFP application. Pro Se Deadline to comply with deficiency set for 3/22/2019. Signed by Magistrate Judge Kathleen Kay on 2/20/2019. (Attachments: #1 Bivens form, #2 ifp form)(crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.]
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| Filing 5 DEFICIENT MOTION for Leave to Proceed in forma pauperis by Robert Andy Faber. Motions referred to Magistrate Judge Kathleen Kay. (Attachments: #1 Exhibit, #2 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 4 AMENDED COMPLAINT against Terrare Smith, Heather Howard, Joel Alexander, Becky Clay filed by Robert Andy Faber. (Attachments: #1 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 3 LETTER/EXHIBIT (Inmate Commissary Report Attached) by Robert Andy Faber. (Attachments: #1 Exhibit, Inmate commissary report, #2 Envelope)(crt,Haik, K) [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 2 PROPOSED MEMORANDUM ORDER referred to Magistrate Judge Kathleen Kay. (Public entry, but no electronic notice). (crt,Thigpen, M) [Transferred from Louisiana Western on 11/14/2019.] |
| Filing 1 DEFICIENT COMPLAINT against USA filed by Robert Andy Faber. (Attachments: #1 Cover Letter, #2 Envelope, #3 Civil cover sheet)(crt,FinnSld, P)Complaint not on approved forms. [Transferred from Louisiana Western on 11/14/2019.] |
| CASE Assigned to Unassigned District Judge and Magistrate Judge Kathleen Kay. (crt,Thigpen, M) [Transferred from Louisiana Western on 11/14/2019.] |
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