Buck v. U.S. Department of Justice et al
| Darryl Buck |
| Bureau of Prisons, Michael Williams, D. Johnston, U.S. Department of Justice, John and Jane Doe and Ted Paluch |
| 5:2019ct03100 |
| April 10, 2019 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.
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| Filing 50 CLERK'S JUDGMENT - this action is dismissed. Signed by Peter A. Moore, Jr., Clerk of Court on 3/29/2022. Copy of order, judgment, and appellate rights information mailed to plaintiff via U.S. Mail at address as noted in judgment. (Castania, M) |
Filing 49
ORDER granting #40 Second Motion to Dismiss. Signed by District Judge Louise Wood Flanagan on 3/29/2022. Copy served via US Mail: Darryl Buck 63470-066, Butner Medium I - F.C.I., P.O. Box 1000, Butner, NC 27509. (Castania, M)
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| Filing 48 Notice of Change of Address (home address) filed by Darryl Buck. (Attachments: #1 Envelope) (Castania, M) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #40 Second MOTION to Dismiss for Lack of Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Castania, M) |
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Filing 47
ORDER granting #43 Motion to Stay Case Management Deadlines. Signed by District Judge Louise Wood Flanagan on 4/27/2021. Copy served via US Mail: Darryl Buck 63470-066, Butner Low - F.C.I., P.O. Box 999, Butner, NC 27509. (Castania, M)
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| Motion Submitted to District Judge Louise Wood Flanagan regarding #43 MOTION to Stay regarding #38 Order, until such time that the Court rules on Defendants' pending Second Motion to Dismiss [D.E. 40],. (Castania, M) |
| Filing 46 RESPONSE in Opposition to #40 Second MOTION to Dismiss for Lack of Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Darryl Buck. (Attachments: #1 Declaration of Plaintiff, #2 Envelope) (Castania, M) |
| Filing 45 Roseboro Letter issued regarding #40 Second MOTION to Dismiss for Lack of Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Responses due by 4/20/2021. (Castania, M) |
| Filing 44 Memorandum in Support regarding #43 MOTION to Stay regarding #38 Order, until such time that the Court rules on Defendants' pending Second Motion to Dismiss [D.E. 40], filed by Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams. (Bredenberg, Michael) |
| Filing 43 MOTION to Stay regarding #38 Order, until such time that the Court rules on Defendants' pending Second Motion to Dismiss [D.E. 40], filed by Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams. (Attachments: #1 Text of Proposed Order) (Bredenberg, Michael) |
| Filing 42 Declaration regarding #41 Memorandum in Support, (Defendants' Exhibit 1 - Declaration of Mallory Storus) by Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams (Attachments: #1 Attachment 1 - Claim for Damage, Injury, or Death, Darryl Buck (received January 7, 2019), #2 Attachment 2 - Letter to Darryl Buck from Matthew W. Mellady (March 13, 2019)) (Bredenberg, Michael) |
| Filing 41 Memorandum in Support regarding #40 Second MOTION to Dismiss for Lack of Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams. (Bredenberg, Michael) |
| Filing 40 Second MOTION to Dismiss for Lack of Jurisdiction and, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams. (Bredenberg, Michael) |
| Filing 39 Notice of Substitution of Counsel filed by Michael D. Bredenberg on behalf of Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams substituting for Joshua B. Royster. (Bredenberg, Michael) |
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Filing 38
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: The parties have 21 days from entry of this order to file any objection to the proposed schedule. Signed by District Judge Louise Wood Flanagan on 3/16/2021. Copy served via US Mail: Darryl Buck 63470-066, Butner Low - F.C.I., P.O. Box 999, Butner, NC 27509. (Castania, M)
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Filing 37
ORDER granting in part and denying in part #25 Motion to Dismiss. The motion is granted with respect to plaintiff's Bivens claim and denied as to plaintiff's RFRA and FTCA claims. Signed by District Judge Louise Wood Flanagan on 3/16/2021. Copy served via US Mail: Darryl Buck 63470-066, Butner Low - F.C.I., P.O. Box 999, Butner, NC 27509. (Castania, M)
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Filing 36
ORDER denying #33 Motion to Compel. Signed by District Judge Louise Wood Flanagan on 2/16/2021. Copy to plaintiff at Butner Low. (Castania, M)
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| Filing 35 Letter from plaintiff asking to speed this matter up and for a status update. (Attachment: #1 Envelope) (Courtesy copy of docket sheet mailed to plaintiff.) (Castania, M) |
| Filing 34 Notice of Substitution of Counsel filed by Joshua B. Royster on behalf of Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams substituting for Joshua L. Rogers. (Royster, Joshua) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #33 MOTION to Compel. (Castania, M) |
| Filing 33 MOTION to Compel Responses to Requests for Production (captioned as a memorandum in support) filed by Darryl Buck. (Attachments: #1 Declaration of Plaintiff, #2 Cover Letter, #3 Envelope) (Courtesy copy of docket sheet mailed to plaintiff.) (Castania, M) |
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Filing 32
ORDER denying as moot #16 Motion for Leave of court to support pro se motion filed under [Bivens] and FTCA. Signed by District Judge Louise Wood Flanagan on 9/24/2020. Copy served via US Mail: Darryl Buck 63470-066, Butner Low - F.C.I., P.O. Box 999, Butner, NC 27509. (Castania, M)
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| Motions Submitted to District Judge Louise Wood Flanagan: #25 MOTION to Dismiss for lack of subject matter jurisdiction and for failure to state a claim, #16 MOTION for Leave of Court to Support Pro Se Motion Filed Under Bevins and FTCA. (Castania, M) |
| Filing 31 RESPONSE in Opposition to #25 MOTION to Dismiss for lack of subject matter jurisdiction and for failure to state a claim filed by Darryl Buck. (Attachment: #1 Envelope) (Castania, M) |
| Filing 30 Certificate of Service filed by Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams regarding #26 Memorandum in Support, #25 MOTION to Dismiss for lack of subject matter jurisdiction and for failure to state a claim, #27 Declaration, . (Rogers, Joshua) |
| Filing 29 MOTION for Extension of Time to File Response to #25 MOTION to Dismiss for lack of subject matter jurisdiction and for failure to state a claim filed by Darryl Buck. (Attachment: #1 Envelope) (Castania, M) |
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TEXT ORDER granting #29 Motion for Extension of Time to File Response to #25 MOTION to Dismiss for lack of subject matter jurisdiction and for failure to state a claim. For good cause shown, plaintiff's response deadline is extended to 5/11/2020. So ordered by District Judge Louise Wood Flanagan on 3/25/2020. Copy served via US Mail: Darryl Buck 63470-066, Butner Low - F.C.I., P.O. Box 999, Butner, NC 27509. This docket text entry is the official and binding order of the court and intentionally is not accompanied by a separate document. (See Electronic Case Filing Administrative Policies and Procedures Manual, section V(I)(2). (Castania, M)
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| Filing 28 Roseboro Letter issued regarding #25 MOTION to Dismiss - Responses due by 4/2/2020. (Castania, M) |
| Filing 27 Declaration regarding #26 Memorandum in Support, (Exhibit 1, Declaration of Mallory Storus, referred to in Docket Entry Number 26) by Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams (Attachments: #1 Attachment A - SENTRY Administrative Remedy Generalized Retrieval Report) (Rogers, Joshua) |
| Filing 26 Memorandum in Support regarding #25 MOTION to Dismiss for lack of subject matter jurisdiction and for failure to state a claim filed by Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams. (Rogers, Joshua) |
| Filing 25 MOTION to Dismiss for lack of subject matter jurisdiction and for failure to state a claim filed by Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams. (Rogers, Joshua) |
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Filing 24
ORDER granting #23 Motion for Extension of Time to Answer Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 3/6/2020. Copy served via US Mail on plaintiff at Butner Low FCI. (Castania, M)
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #23 MOTION for Extension of Time to respond to Plaintiff's Compaint up to and including March 12, 2020. (Castania, M) |
| Filing 23 MOTION for Extension of Time to respond to Plaintiff's Compaint up to and including March 12, 2020 filed by Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams. (Attachments: #1 Text of Proposed Order) (Rogers, Joshua) |
| Filing 22 Notice of Appearance filed by Joshua L. Rogers on behalf of All Defendants. (Rogers, Joshua) |
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Filing 21
ORDER granting #20 Motion for Extension of Time to Respond to Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 2/3/2020. Copy served via US Mail: Darryl Buck 63470-066, Butner Low - F.C.I., P.O. Box 999, Butner, NC 27509. (Castania, M)
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| Filing 20 MOTION for Extension of Time to answer Plaintiff's Complaint up to and including March 5, 2020 filed by Bureau of Prisons, U.S. Department of Justice. (Attachments: #1 Text of Proposed Order) (Rogers, Joshua) |
| Filing 19 Notice of Appearance filed by Joshua L. Rogers on behalf of Bureau of Prisons, U.S. Department of Justice. (Rogers, Joshua) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #20 MOTION for Extension of Time to answer Plaintiff's Complaint up to and including March 5, 2020. (Castania, M) |
| Filing 18 Plaintiff's First Request for Production of Documents. (Collins, S.) |
| Filing 17 Letter from Darryl Buck requesting that enclosed motion be attached to #16 . (Attachments: #1 Copy of Notice of Electronic Filing dated 12/19/19, #2 Handwritten note to clerk requesting copy of docket sheet, #3 Envelope) (No motion was attached to letter.) (Collins, S.) |
| Filing 16 MOTION for Leave of Court to Support Pro Se Motion Filed Under Bevins and FTCA filed by Darryl Buck. (Attachment: #1 Envelope) (No brief attached.) (Castania, M) |
| Filing 15 Plaintiff's First Set of Requests for Production of Documents. (Attachments: #1 Envelope) (Edwards, S.) |
| Filing 14 Summons returned executed - Complaint personally served on US Attorney's Office, Civil Section, on 12/6/2019. (Castania, M) |
| Filing 13 Summons returned executed by certified mail. Attorney General of the United States served on 12/2/2019. (Castania, M) |
| Filing 12 Summons Returned Executed by Certified Mail - Bureau of Prisons served on 12/2/2019, answer due 1/31/2020. (Castania, M) Modified on 12/6/2019 to correct date filed. (Castania, M) |
| Filing 11 SUMMONS Returned Executed U.S. Department of Justice served on 12/2/2019. (Edwards, S.) |
| Filing 10 Summonses Returned Executed by Certified Mail. D. Johnston served on 11/29/2019, answer due 1/28/2020; Ted Paluch served on 11/29/2019, answer due 1/28/2020; Michael Williams served on 11/29/2019, answer due 1/28/2020. (Castania, M) |
| Filing 9 Summons Issued as to Bureau of Prisons, D. Johnston, Ted Paluch, U.S. Department of Justice, Michael Williams, U.S. Attorney, and U.S. Attorney General and forwarded to US Marshals Service for service. (Castania, M) |
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Filing 8
ORDER denying #6 Motion to Appoint Counsel. THE COURT ALLOWS THIS ACTION TO PROCEED. Signed by District Judge Louise Wood Flanagan on 11/14/2019. Copy served via US Mail: Darryl Buck 63470-066, Butner Low - F.C.I., P.O. Box 999, Butner, NC 27509. (Castania, M)
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| Filing 7 Document: Affidavit of Truth / Plain Statement of Fact filed by Darryl Buck. (Attachments: #1 Cover Letter, #2 Envelope) (Castania, M) |
| Filing 6 MOTION to Appoint Counsel filed by Darryl Buck. (Attachment: #1 Envelope) (Castania, M) |
| Motion Submitted to District Judge Louise Wood Flanagan: #6 MOTION to Appoint Counsel. (Castania, M) |
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Filing 5
ORDER granting #2 Motion to Proceed Without Prepayment of Fees. Signed by Magistrate Judge Robert B. Jones, Jr. on 4/15/2019. Copy served on plaintiff and trust fund account officer. (Castania, M)
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| Case Submitted to District Judge Louise Wood Flanagan for frivolity review. As soon as the screening is concluded, an order will issue and the next appropriate step will be taken. (Castania, M) |
| Filing 4 Letter regarding case opening sent via US Mail to Darryl Buck at Butner Low - F.C.I. (Indig, A.) |
| Filing 3 Prisoner Trust Fund Account Statement filed by Darryl Buck. (Indig, A.) |
| Filing 2 MOTION to Proceed Without Prepayment of Fees filed by Darryl Buck. (Indig, A.) |
| Filing 1 COMPLAINT against Bureau of Prisons, John and Jane Doe, D. Johnston, Ted Paluch, U.S. Department of Justice and Michael Williams filed by Darryl Buck. (Attachments: #1 Memorandum in Support, #2 Documents in Support, #3 Envelope) (Indig, A.) |
| Motion Referred to US Magistrate Judge Robert B. Jones, Jr. - #2 MOTION to Proceed Without Prepayment of Fees. (Castania, M) |
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