Loyd v. FCI Berlin, Warden
| Brandon Loyd |
| FCI Berlin, Warden |
| 1:2020cv01065 |
| October 26, 2020 |
| US District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Landya B McCafferty |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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ENDORSED ORDER re: #7 Notice. Text of Order: Reviewed. So Ordered by Magistrate Judge Andrea K. Johnstone.(de)
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| Filing 7 NOTICE of Submission of Declaration by FCI Berlin, Warden. (Attachments: #1 Exhibit Declaration of Pamela Pedersen)(Ollila, Terry) |
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ENDORSED ORDER. Text of Order: In the November 20, 2020 case management conference, the parties agreed that by December 1, 2020, the defendant will file an affidavit providing details regarding how FCI-Berlin conducts COVID-19 tests, what biological materials are extracted, the type of analysis that is performed, whether any of the inmates own DNA is extracted and examined, as well as the protocols that are followed after the COVID-19 test is performed, clarifying whether all specimens are destroyed or whether any specimens are stored or used for purposes other than COVID-19 testing. Defendant's counsel further agreed to notify the court before December 1, 2020, if such an affidavit cannot be filed, explaining the reasons for that decision. Plaintiff is granted leave by December 31, 2020 to notify the court as to whether he plans to withdraw his claims voluntarily, whether his request for a preliminary injunction may be denied as moot, or whether a follow-up case management conference should be scheduled. So Ordered by Magistrate Judge Andrea K. Johnstone.(de)
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| Minute Entry for proceedings held before Magistrate Judge Andrea K. Johnstone. CASE MANAGEMENT CONFERENCE held on 11/20/2020. (Court Reporter: Susan Bateman) (Pltfs Atty: Brandon Loyd) (Defts Atty: Terry Ollila)(Total Hearing Time: 25 min.) (kad) |
| NOTICE of Hearing. Case Management Conference via Video Conference set for 11/20/2020 11:00 AM before Magistrate Judge Andrea K. Johnstone.(kad) |
| Minute Entry for proceedings held before Magistrate Judge Andrea K. Johnstone. CASE MANAGEMENT CONFERENCE held on 11/18/2020. Plaintiff was not presented for hearing. Hearing to be rescheduled. (Court Reporter: Brenda Hancock) (Pltfs Atty: Plaintiff not present) (Defts Atty: Terry Ollila)(Total Hearing Time: 2 min.) (kad) |
| Filing 6 CERTIFICATE OF SERVICE by FCI Berlin, Warden re: #4 Notice of Attorney Appearance, #5 Notice of Attorney Appearance (Ollila, Terry) |
| Filing 5 NOTICE of Attorney Appearance by Michael T. McCormack on behalf of FCI Berlin, Warden Attorney Michael T. McCormack added to party FCI Berlin, Warden(pty:dft).(McCormack, Michael) |
| Filing 4 NOTICE of Attorney Appearance by Terry L. Ollila on behalf of FCI Berlin, Warden Attorney Terry L. Ollila added to party FCI Berlin, Warden(pty:dft).(Ollila, Terry) |
| NOTICE of ECF Filing Error re: #4 Notice of Attorney Appearance filed by FCI Berlin, Warden, #5 Notice of Attorney Appearance filed by FCI Berlin, Warden. No certificate of service. Neither appearance indicates that a copy was mailed to the Pro Se Plaintiff. Filer shall file a certificate of service using the Certificate of Service event and link the filing back to originally filed document. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1623.Compliance Deadline set for 11/6/2020.(de) |
| NOTICE re: #2 MOTION for Preliminary Injunction VIDEO CASE MANAGEMENT CONFERENCE set for 11/18/2020 11:00 AM before Magistrate Judge Andrea K. Johnstone.(vln) Modified on 10/29/2020 to add: CASE MANAGEMENT CONFERENCE (vln). |
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ENDORSED ORDER. Text of Order: A preliminary review of this complaint under 28 U.S.C. 1915A and LR 4.3(d) reveals that plaintiff has asserted claims for injunctive relief under the First Amendment Free Exercise Clause and the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb-1, relating to compulsory COVID-19 swab testing at FCI Berlin. The clerks office is directed to prepare and issue a summons for the FCI Berlin Warden, and to send that summons and a copy of the complaint (Doc. No. 1) by certified mail to the Warden, the U.S. Attorneys Office for the District of New Hampshire, and the U.S. Attorney General. The clerks office is further directed to schedule a case management conference on the motion for a preliminary injunction (Doc. No. 2) by telephone or video conference, within twenty-one days of the date of this Order, at which plaintiff and counsel from the U.S. Attorneys Office shall participate. Defendant is under no obligation to file an answer to the complaint (Doc. No. 1) until further order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.(de)
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| Filing 3 NOTICE - Filing Fee Omitted. Either the filing fee or an application to proceed without fees or costs must be submitted within 60 days. If proceeding without prepayment of fees or costs is sought the court needs: Application to Proceed Without Prepayment of Fees or Costs, Certificate of Custodial Institution, and Prisoner Consent Form. Compliance Deadline set for 12/28/2020. (mc) |
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ENDORSED ORDER re: #2 MOTION for Preliminary Injunction. Text of Order: The magistrate judge is designated to consider the motion for a preliminary injunction (Doc. No. 2) and, if necessary, to conduct a hearing on the matter. The magistrate judge shall file proposed findings and recommendations with the court. See 28 U.S.C. 636(b)(1)(B). So Ordered by Chief Judge Landya B. McCafferty.(de)
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| Filing 2 MOTION for Preliminary Injunction filed by Brandon Loyd. (mc) |
| Filing 1 COMPLAINT against FCI Berlin, Warden filed by Brandon Loyd. (mc) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc) |
| Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:20-cv-1065-LM. Please show this number with the judge designation on all future pleadings. (mc) |
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| Plaintiff: Brandon Loyd | |
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| Defendant: FCI Berlin, Warden | |
| Represented By: | Michael T. McCormack |
| Represented By: | Terry L. Ollila |
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