Powers v. Federal Bureau of Prisons
| John Powers |
| Federal Bureau of Prisons |
| 1:2023cv00173 |
| March 3, 2023 |
| US District Court for the District of New Hampshire |
| Andrea K Johnstone |
| Joseph N Laplante |
| Mandamus & Other |
| 28 U.S.C. ยง 2671 Federal Tort Claims Act |
| None |
Docket Report
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Filing 11
ORDER approving Endorsed Report and Recommendation. So Ordered by Judge Joseph N. Laplante.(ko)
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| ENDORSED REPORT AND RECOMMENDATION re #10 Demand for Entry of Default Judgment on the Pleadings. The district judge should deny plaintiff's motion for default (Doc. No. 10). Preliminary review of the complaint is pending, and the defendant has not been served. See 28 U.S.C. 1915(e)(2); LR 4.3(d)(1). Accordingly, at this time, the defendant has no obligation to answer or otherwise respond to the complaint and thus cannot be in default for failing to answer or respond to the complaint. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2). The fourteen-day period may be extended upon motion. Failure to file any objection within the specified time waives the right to appeal the district courts order. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016). Only those issues raised by the objection(s) to this Report and Recommendation are subject to review in the district court and those not preserved by such objection are precluded on appeal. Id. (citations omitted). Follow up on Objections to R&R on 4/19/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). So Ordered by US Magistrate Judge Andrea K Johnstone.(ko) |
| Filing 10 Demand for Entry of Default Judgment on the Pleadings filed by John Powers.(ko) |
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ENDORSED ORDER granting #2 Proceed Without Prepayment of Fees or Costs. Text of Order: Plaintiff's request to proceed without prepayment of fees or costs is hereby granted, but only for the purpose of waiving the filing fee. So Ordered by Magistrate Judge Daniel J. Lynch. (mc)
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| 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) |
| Filing 9 PROCEDURAL ORDER IN TRANSFERRED CASE. ORDER Signed by Daniel J. Lynch, Clerk of Court.Compliance Deadline set for 4/3/2023.(mc) |
| Case assigned to Judge Joseph N. Laplante. The case designation is: 1:23-cv-173-JL. Please show this number with the judge designation on all future pleadings. (mc) |
| Filing 8 Case transferred in from District of California Northern; Case Number: 4:22-cv-05242. Original file certified copy of transfer order and docket sheet received |
| Case transferred to the United States District Court for the District of New Hampshire, per Order at Docket no. #7 . (anj, COURT STAFF) (Filed on 1/20/2023) [Transferred from cand on 3/3/2023.] |
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Filing 7
ORDER OF TRANSFER. Signed by Judge Jon S. Tigar on 1/20/2023. (bxs, COURT STAFF) (Filed on 1/20/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 3/3/2023.]
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| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John Powers. (Attachments: #1 Envelope)(anj, COURT STAFF) (Filed on 11/9/2022) [Transferred from cand on 3/3/2023.] |
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Filing 5
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Robert M. Illman no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 10/17/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 10/17/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 3/3/2023.]
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| Filing 4 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (glm, COURT STAFF) (Filed on 10/17/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 3/3/2023.] |
| Filing 3 Notice of Assignment of Prisoner Case to Magistrate Judge (anj, COURT STAFF) (Filed on 9/15/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 3/3/2023.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by John Powers. (anj, COURT STAFF) (Filed on 9/15/2022) [Transferred from cand on 3/3/2023.] |
| Filing 1 COMPLAINT against Federal Bureau of Prisons. Filed by John Powers. Consent/Declination due by 9/29/2022. (Attachments: #1 Envelope)(anj, COURT STAFF) (Filed on 9/15/2022) [Transferred from cand on 3/3/2023.] |
| Clerks notice mailed to Pro-Se Party. (anj, COURT STAFF) (Filed on 9/15/2022) [Transferred from cand on 3/3/2023.] |
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