Nieves v. McHugh

Nieves v. McHugh

Plaintiff:	Neftali Rivera Nieves
Defendant:	John M. McHugh
Case Number:	5:2014cv00434
Filed:	July 30, 2014
Court:	US District Court for the Eastern District of North Carolina
Office:	Western Division Office
County:	CUMBERLAND
Presiding Judge:	James C. Dever
Nature of Suit:	Review or Appeal of Agency Decision
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	None

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Date Filed	Document Text
June 3, 2015	Filing 23 ORDER - the court DENIES IN PART and GRANTS IN PART defendant's 17 Motion for Summary Judgment. The court has subject-matter jurisdiction over Rivera's APA and constitutional claims but not over Rivera's Rehabilitation Act claim. The court GRANTS IN PART defendant's motion for summary judgment [D.E. 17] with respect to Rivera's Fifth Amendment due process claim. Furthermore, the court GRANTS IN PART Rivera's 20 Motion for Summary Judgment on his APA claims and REMANDS the matter to the ACBMR. Signed by Chief U.S. District Judge James C. Dever III on 6/3/2015. Copy mailed to plaintiff at address listed on the docket. (Jenkins, C.)
October 28, 2014	Filing 13 ORDER granting 12 Motion for Extension of Time to File Response to Complaint, Motion to Extend Time to Respond and Disclose Sealed Exhibits (as to Docket Entry 2) - It is ordered that defendant have up to and including November 10, 2014, in which to answer or otherwise respond to plaintiff's complaint. Signed by Chief Judge James C. Dever III on 10/28/2014. (Tripp, S.)

Date Filed

Document Text

June 3, 2015

Filing 23 ORDER - the court DENIES IN PART and GRANTS IN PART defendant's 17 Motion for Summary Judgment. The court has subject-matter jurisdiction over Rivera's APA and constitutional claims but not over Rivera's Rehabilitation Act claim. The court GRANTS IN PART defendant's motion for summary judgment [D.E. 17] with respect to Rivera's Fifth Amendment due process claim. Furthermore, the court GRANTS IN PART Rivera's 20 Motion for Summary Judgment on his APA claims and REMANDS the matter to the ACBMR. Signed by Chief U.S. District Judge James C. Dever III on 6/3/2015. Copy mailed to plaintiff at address listed on the docket. (Jenkins, C.)

October 28, 2014

Filing 13 ORDER granting 12 Motion for Extension of Time to File Response to Complaint, Motion to Extend Time to Respond and Disclose Sealed Exhibits (as to Docket Entry 2) - It is ordered that defendant have up to and including November 10, 2014, in which to answer or otherwise respond to plaintiff's complaint. Signed by Chief Judge James C. Dever III on 10/28/2014. (Tripp, S.)

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Plaintiff: Neftali Rivera Nieves
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Defendant: John M. McHugh
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