Rosa v. United States et al
| Gilberto Rosa |
| United States, Federal Bureau of Prison, Felipe Martinez and Dr. Bailor |
| 1:2022cv00818 |
| February 10, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Ann M Donnelly |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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ORDER. The United States Marshals Service is respectfully directed to serve the amended summons and amended complaint on the United States without prepayment of fees in accordance with Federal Rule of Civil Procedure 4(i)(1). Ordered by Judge Ann M. Donnelly on 4/7/2022. (Mathew, Joshua)
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| Filing 12 SUMMONS ISSUED as to United States of America. (Courtesy copies of the Court's 4/5/2022 Memorandum & Order, the 4/7/2022 Electronic Order, the 4/6/2022 Summons and Plaintiff's #10 Amended Complaint shall be sent to the U.S. Attorney's Office for the Eastern District of New York; the Attorney General of the United States in Washington, D.C; and the Agency.) (Latka-Mucha, Wieslawa) Modified. |
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Filing 11
MEMORANDUM AND ORDER. The amended complaint against the BOP is sua sponte dismissed. No summons will issue to this defendant. The Clerk of Court is respectfully directed to amend the caption. The plaintiff's FTCA claim may proceed against the United States. The Clerk of the Court is respectfully directed to issue an amended summons against the United States. The United States Marshals Service is respectfully directed to serve the amended summons and amended complaint on the United States in accordance with Federal Rule of Civil Procedure 4(i)(1). The case is referred to the Honorable Lois Bloom, United States Magistrate Judge, for pretrial supervision. The Clerk of the Court is respectfully directed to mail a copy of this Order to the plaintiff.The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Ordered by Judge Ann M. Donnelly on 4/5/2022. (Greene, Donna)
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| Filing 10 AMENDED COMPLAINT against Federal Bureau of Prison, United States, filed by Gilberto Rosa. (Guzzi, Roseann) |
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Filing 9
MEMORANDUM AND ORDER. The complaint is dismissed. Because the plaintiff is proceeding pro se, I grant him leave to amend his complaint within 30 days of the date of this Order. In particular, the plaintiff must include a copy of the written denial of his FTCA administrative claim by the BOP, and allege facts in the amended complaint supporting the Bivens claims against Martinez and Dr. Bailor. The plaintiff is advised that the amended complaint will replace his complaint in its entirety. The amended complaint must be captioned AMENDED COMPLAINT and bear the same docket number as this Order: 22-CV-818 (AMD) (LB). If submitted, the amended complaint will be reviewed for sufficiency under 28 U.S.C. 1915A and for compliance with this Order. All further proceedings will be stayed for 30 days or until further order of the Court. If the plaintiff does not file an amended complaint within 30 days, the complaint will be dismissed and judgment will enter. Although the plaintiff paid the filing fee to commence this action, the Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Order and a Prisoner Civil Rights Complaint form to the plaintiff. Ordered by Judge Ann M. Donnelly on 3/17/2022. (Greene, Donna)
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| Filing 8 Summons Issued as to Federal Bureau of Prison, United States, U.S. Attorney issued by the Clerk's office. (Guzzi, Roseann) |
| Filing 6 FILING FEE: $ 402.00, receipt number 4653163517 by Gilberto Rosa. (Guzzi, Roseann) |
| Filing 7 Summons Issued as to Bailor, Felipe Martinez by Clerk's office. (Guzzi, Roseann) |
| Filing 5 Letter dated 3/2/22 from the Pro Se Dept. to Mr. Rosa re: missing address needed to complete summons. (Guzzi, Roseann) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 3 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. mailed out 2/14/2022 (Davis, Kimberly) |
| Filing 2 Prisoner Authorization (Davis, Kimberly) |
| Filing 1 COMPLAINT against Bailor, Federal Bureau of Prison, Felipe Martinez, United States, filed by Gilberto Rosa. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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