McQueen v. United States of America
Plaintiff: Terrell McQueen
Defendant: United States of America
Case Number: 9:2019cv00998
Filed: August 13, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: Thomas J McAvoy
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. § 1331 Federal Question: Bivens Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2019 Opinion or Order Filing 31 Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General. (meb)
October 8, 2019 Opinion or Order Filing 30 DECISION AND ORDER: It is hereby ORDERED that plaintiff's motion for service (Dkt. No. #28 ) is DENIED as moot; it is further ORDERED that the Clerk of the Court is directed to send copies of the Summons, Complaint, and the Decision and Order filed on September 5, 2019 by registered or certified mail to the following, pursuant to Rule 4(i) of the Federal Rules of Civil Procedure: Attorney General of the United States, U.S. Department of Justice, 950 Pennsylvania Ave., N.W., Washington, DC 20530; and Civil Process Clerk, United States Attorney for the Northern District of New York, United States Attorney's Office, 100 South Clinton Street, Syracuse, NY 13261; and it is further ORDERED that Plaintiff's motion for the appointment of counsel (Dkt. No. #29 ) is DENIED. Signed by Senior Judge Thomas J. McAvoy on 10/8/2019. (Copy served via regular mail)(meb)
September 23, 2019 Opinion or Order Filing 29 Letter Motion dated 9/16/2019 for appointment of counsel filed by Terrell McQueen. (Mailing envelope included) (meb)
September 23, 2019 Opinion or Order Filing 28 Letter Motion dated 9/16/2019 for assistance with service filed by Terrell McQueen. (Mailing envelope included) (meb)
September 5, 2019 Opinion or Order Filing 27 DECISION AND ORDER: It is hereby ORDERED that plaintiff's FTCA claim survives sua sponte review and require a response; and it is further ORDERED that plaintiff's Bivens claim is DISMISSED without prejudice for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 28 U.S.C. 1915A(b)(1)1; and it is further ORDERED that Plaintiff is afforded an opportunity to request an order of this Court directing service by the U.S. Marshal and provide payment of the service fee to the U.S. Marshal in full by money order or certified check; and it is further ORDERED that if Plaintiff does not request for assistance with service of process within twenty (20) days of the filing date of this Decision and Order, the Clerk shall issue a summons and forward it to Plaintiff, who shall be responsible for effecting service of process on Defendant. Upon issuance of the summons, the Clerk shall send a copy of the summons and Complaint to the United States Attorney for the Northern District of New York ("U.S. Attorney's Office"), and the Attorney General of the United States in Washington, D.C., together with a copy of this Decision and Order. (Notice of Compliance Deadline 9/25/2019). Signed by Senior Judge Thomas J. McAvoy on 9/5/2019. (Copy served via regular mail)(meb)
August 13, 2019 Opinion or Order Filing 26 Case transferred in from District of West Virginia Northern; Case Number 5:19-cv-00131. electronically transferred when case opened
August 7, 2019 Opinion or Order Filing 25 RETURN RECEIPT as to #24 Order on Report and Recommendations, Memorandum & Opinion. SERVICE ACCEPTED on 8/1/19. (soa) [Transferred from West Virginia Northern on 8/13/2019.]
July 30, 2019 Opinion or Order Filing 24 MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE, SUSTAINING PLAINTIFFS OBJECTION, AND TRANSFERRING CIVIL ACTION: Adopting #17 Report and Recommendations; Sustaining #22 Objections, Transferring case to US District Court for Northern District of New York, and Dismissing and Striking same from active docket of this Court. Signed by Senior Judge Frederick P. Stamp, Jr on 7/30/19. (copy to Petitioner by cert. mail)(soa) (Additional attachment(s) added on 7/30/2019: #1 Certified Mail Return Receipt) (soa). [Transferred from West Virginia Northern on 8/13/2019.]
July 30, 2019 Opinion or Order Filing 23 RETURN RECEIPT as to #21 ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS TO MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. SERVICE ACCEPTED on 7/29/2019. (nmm) [Transferred from West Virginia Northern on 8/13/2019.]
July 30, 2019 Opinion or Order Case transferred to District of ND/NY. Entire Case file electronically transmitted. (soa) [Transferred from West Virginia Northern on 8/13/2019.]
July 29, 2019 Opinion or Order Filing 22 OBJECTION to #17 Report and Recommendation. (Attachments: #1 Envelope)(soa) [Transferred from West Virginia Northern on 8/13/2019.]
July 25, 2019 Opinion or Order Filing 21 ORDER GRANTING PLAINTIFF'S #20 MOTION FOR EXTENSION OF TIME TO FILE OBJECTIONS TO MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. Objections to R&R due by 8/3/2019. Signed by Senior Judge Frederick P. Stamp, Jr. on 7/25/19. (Pro Se Petitioner via CM/rrr) (lmm) (Additional attachment(s) added on 7/25/2019: #1 Attachment) (lmm). [Transferred from West Virginia Northern on 8/13/2019.]
July 25, 2019 Opinion or Order Filing 20 MOTION for Extension of Time to File Response/Reply as to #17 Report and Recommendations, by Terrell McQueen. (Attachments: #1 Envelope) (copy to Judge Stamp) (nmm) [Transferred from West Virginia Northern on 8/13/2019.]
July 12, 2019 Opinion or Order Filing 19 RETURN RECEIPT as to #17 Report and Recommendations,, Set/Clear Flags,. SERVICE ACCEPTED on 7/10/19. (soa) [Transferred from West Virginia Northern on 8/13/2019.]
July 9, 2019 Opinion or Order Filing 18 RETURN RECEIPT as to #16 Order on Motion for Leave to Proceed in forma pauperis, Order on Report and Recommendations. SERVICE ACCEPTED on 7/5/19. (soa) [Transferred from West Virginia Northern on 8/13/2019.]
July 8, 2019 Opinion or Order Filing 17 REPORT AND RECOMMENDATION: Recommending Transfer to ND/NY of #1 Complaint filed by Terrell McQueen; written objections due within 14 days of being served with a copy of this R/R; M/J Mazzone terminated from case. Signed by Magistrate Judge James P. Mazzone on 7/8/19. (soa)(copy to Pltff. by cert. mail) (Additional attachment(s) added on 7/8/2019: #1 Certified Mail Return Receipt) (soa). [Transferred from West Virginia Northern on 8/13/2019.]
July 8, 2019 Opinion or Order Magistrate Judge James P. Mazzone no longer assigned to case. (soa) [Transferred from West Virginia Northern on 8/13/2019.]
July 3, 2019 Opinion or Order Filing 16 ORDER VACATING #13 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND DENYING PETITIONERS #10 MOTION TO PROCEED IN FORMA PAUPERIS AS MOOT. Signed by Senior Judge Frederick P. Stamp, Jr on 7/3/2019. (copy to Pro Se Petitioner via CM,rrr) (nmm) (Additional attachment(s) added on 7/3/2019: #1 Certified Mail Return Receipt) (nmm). [Transferred from West Virginia Northern on 8/13/2019.]
June 28, 2019 Opinion or Order Filing 15 Filing fee: $ 400.00, receipt number WVNW002222 (nmm) [Transferred from West Virginia Northern on 8/13/2019.]
June 19, 2019 Opinion or Order Filing 14 RETURN RECEIPT as to #13 REPORT AND RECOMMENDATIONS. SERVICE ACCEPTED on 6/17/19. (soa) [Transferred from West Virginia Northern on 8/13/2019.]
June 14, 2019 Opinion or Order Filing 13 VACATED pursuant to #16 Order. REPORT AND RECOMMENDATION THAT PLAINTIFF'S MOTION TO PROCEED IN FORMA PAUPERIS BE DENIED. Signed by Magistrate Judge James P. Mazzone on 6/14/19. (soa)(copy to pltff.by cert mail) (Additional attachment(s) added on 6/14/2019: #1 Certified Mail Return Receipt) (soa). Modified docket text on 7/3/2019 to include Vacated language (nmm). [Transferred from West Virginia Northern on 8/13/2019.]
June 6, 2019 Opinion or Order Filing 12 ** SEALED ** Prisoner Trust Fund Account Statement by Terrell McQueen. (Attachments: #1 Ledger Sheets, #2 Envelope) (copy to Judge Stamp) (nmm) [Transferred from West Virginia Northern on 8/13/2019.]
June 6, 2019 Opinion or Order Filing 11 ** SEALED ** Consent to Collection of Fees from Trust Account by Terrell McQueen. (Attachments: #1 Envelope) (copy to Judge Stamp) (nmm) [Transferred from West Virginia Northern on 8/13/2019.]
June 6, 2019 Opinion or Order Filing 10 ** SEALED** MOTION for Leave to Proceed in forma pauperis by Terrell McQueen. (Attachments: #1 Envelope) (copy to Judge Stamp) (nmm) [Transferred from West Virginia Northern on 8/13/2019.]
May 23, 2019 Opinion or Order Filing 9 RETURN RECEIPT as to #8 Order. SERVICE ACCEPTED on 5/20/19. (soa) [Transferred from West Virginia Northern on 8/13/2019.]
May 16, 2019 Opinion or Order Filing 8 ORDER REQUIRING PAYMENT OF $400 OR COMPLETION OF FORMS TO APPLY TO PROCEED IN FORMA PAUPERIS: Pltff. has 14 days from receipt of this Order to pay filing fee or submit IFP forms. Signed by Magistrate Judge James P. Mazzone on 5/16/19. (Attachments: #1 IFP Application; PTAR; Consent)(soa)(copy by cert. mail to Pltff) (Additional attachment(s) added on 5/16/2019: #2 Certified Mail Return Receipt) (soa). [Transferred from West Virginia Northern on 8/13/2019.]
May 9, 2019 Opinion or Order Filing 7 RESPONSE by Terrell McQueen to #5 Order to Show Cause,. (Attachments: #1 Exhibit 1 - Order, #2 Exhibit 2 - Incident Report, #3 Exhibit 3 - Affidavit of Facts, #4 Envelope)(soa) [Transferred from West Virginia Northern on 8/13/2019.]
May 2, 2019 Opinion or Order Filing 6 RETURN RECEIPT as to #5 Order to Show Cause. SERVICE ACCEPTED on 4/30/19. (soa) [Transferred from West Virginia Northern on 8/13/2019.]
April 26, 2019 Opinion or Order Filing 5 ORDER TO SHOW CAUSE: Within 14 days Plaintiff to show cause why his case should not be dismissed with prejudice. Signed by Magistrate Judge James P. Mazzone on 4/26/19. (soa) (Additional attachment(s) added on 4/26/2019: #1 Certified Mail Return Receipt) (soa). [Transferred from West Virginia Northern on 8/13/2019.]
March 28, 2019 Opinion or Order Filing 4 RETURN RECEIPT as to #2 Notice (Other), #3 Notice (Other). SERVICE ACCEPTED on 3/25/19. (according to USPO tracking) (soa) [Transferred from West Virginia Northern on 8/13/2019.]
March 22, 2019 Opinion or Order Filing 3 NOTICE OF DEFICIENT PLEADING re #1 Complaint mailed by cert. mail to Pltff. (Attachments: #1 attachments)(soa) (Additional attachment(s) added on 3/22/2019: #2 Certified Mail Return Receipt) (soa). [Transferred from West Virginia Northern on 8/13/2019.]
March 22, 2019 Opinion or Order Filing 2 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT re #1 Complaint mailed to Pltff by cert. mail (soa) (Additional attachment(s) added on 3/22/2019: #1 Certified Mail Return Receipt) (soa). [Transferred from West Virginia Northern on 8/13/2019.]
March 22, 2019 Opinion or Order Filing 1 COMPLAINT against K. Sorrell, filed by Terrell McQueen. (Attachments: #1 Memorandum In Support, #2 Envelope)(soa) [Transferred from West Virginia Northern on 8/13/2019.]

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