Williams v. Federal Bureau of Prisons Officers et al
| Webster Douglas Williams, III |
| Director Inch, Thomas R Kane, Ian Connors, Federal Bureau of Prisons Officers, Richard Roe, United States of America, D. Willis, Matthew W. Malady, D.J. Harmon, Donna Smith, John and Jane Doe, Case Manager Williams, Associate Warden Engle, Thomas R. Kane and Warden Tamara Lyn |
| 5:2019ct03316 |
| October 29, 2019 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| None |
Docket Report
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| Filing 52 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that defendants Federal Bureau of Prisons Officers, Director Inch, Ian Connors, Thomas R. Kane, D.J. Harmon, Matthew W. Malady, Donna Smith, John and Jane Doe, Richard Roe and United States of America having been previously dismissed, that the remaining defendants' motion to dismiss is granted and this action is hereby dismissed. Signed by Peter A. Moore, Jr., Clerk of Court on 3/18/2022. Copy of judgment and notice of appellate rights sent to plaintiff via U.S. Mail. (Poole, A) |
Filing 51
ORDER - The court GRANTS defendants' motions to dismiss #46 and DENIES plaintiff's motion to reconsider default judgment #50 . The clerk shall close the case. Signed by District Judge Terrence W. Boyle on 3/18/2022. Copy of order sent to plaintiff via U.S. Mail. (Poole, A)
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| Motion Submitted to District Judge Terrence W. Boyle regarding #50 Ex Parte MOTION to Reconsider Default Judgment. (Poole, A) |
| Filing 50 Ex Parte MOTION to Reconsider Default Judgment filed by Webster Douglas Williams, III. (Attachments: #1 Text of Proposed Order, #2 Envelope) (Poole, A) |
| Filing 49 PLAINTIFF'S RESPONSE to Motion regarding #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and and MOTION to Dismiss for Lack of Jurisdiction filed by Webster Douglas Williams, III. (Attachments: #1 Documents in Support, #2 Envelope) (Indig, A.) |
| Motion Submitted to District Judge Terrence W. Boyle regarding #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and and MOTION to Dismiss for Lack of Jurisdiction. (Indig, A.) |
| Filing 48 Rule 12 Letter Issued as to #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction. Responses due by 6/9/2021. Copy sent to plaintiff via U.S. Mail. (Poole, A) |
| Filing 47 Memorandum in Support regarding #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction filed by Associate Warden Engle, Tamara Lyn, Case Manager Williams, D. Willis. (Bredenberg, Michael) |
| Filing 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, MOTION to Dismiss for Lack of Jurisdiction filed by Associate Warden Engle, Tamara Lyn, Case Manager Williams, D. Willis. (Bredenberg, Michael) |
| Filing 45 Notice of Appearance filed by Michael D. Bredenberg on behalf of Associate Warden Engle, Tamara Lyn, Case Manager Williams, D. Willis. (Bredenberg, Michael) |
| Filing 44 RESPONSE in Opposition regarding #40 Second MOTION for Extension of Time to File Answer regarding #1 Complaint, up to and including May 19, 2021 filed by Webster Douglas Williams, III. (Attachment: #1 Envelope) (Poole, A) |
| Filing 43 RESPONSE in Opposition regarding #40 Second MOTION for Extension of Time to File Answer regarding #1 Complaint, up to and including May 19, 2021 filed by Webster Douglas Williams, III. (Attachment: #1 Envelope) (Poole, A) |
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Filing 42
ORDER - The court GRANTS IN PART plaintiff's motion to amend #19 , GRANTS plaintiff's motions to amend and to supplement #25 , #37 , and DENIES plaintiff's motions for entry of default #26 and #28 . The court DIRECTS the clerk to amend the docket to reflect that Tamara Lyn is substituted for defendant Donna Smith. Signed by District Judge Terrence W. Boyle on 5/6/2021. Copy of order sent to plaintiff via U.S. Mail. (Poole, A)
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Filing 41
ORDER - GRANTING #40 Motion for Extension of Time to Answer. IT IS FURTHER ORDERED that the Defendants shall have up to and including May 19, 2021, to respond to Plaintiff's Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 5/4/2021. Copy of order sent to plaintiff via U.S. Mail. (Poole, A)
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #40 Second MOTION for Extension of Time to File Answer regarding #1 Complaint, up to and including May 19, 2021. (Poole, A) |
| Filing 40 Second MOTION for Extension of Time to File Answer regarding #1 Complaint, up to and including May 19, 2021 filed by Associate Warden Engle, Tamara Lyn, Donna Smith, Case Manager Williams, D. Willis. (Attachments: #1 Text of Proposed Order) (Bredenberg, Michael) |
| Filing 39 Memorandum in Support regarding #28 MOTION for Default Judgment as to filed by Webster Douglas Williams, III. (Attachment: #1 Envelope) (Poole, A) |
| Motion Submitted to District Judge Terrence W. Boyle regarding #37 MOTION to Supplement. (Poole, A) |
| Filing 38 RESPONSE in Opposition regarding #34 MOTION for Extension of Time to File Answer regarding #1 Complaint, up to and including April 29, 2021, filed by Webster Douglas Williams, III. (Attachments: #1 Cover Letter, #2 Envelope) (Poole, A) |
| Filing 37 MOTION to Supplement filed by Webster Douglas Williams, III. (Attachments: #1 Documents in Support, #2 Cover Letter, #3 Envelope) (Poole, A) |
| Filing 36 Letter from Webster Williams regarding Butner prison officials legal mail policy. (Attachment: #1 Envelope) (Poole, A) |
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Filing 35
ORDER - IT IS FURTHER ORDERED that the Defendants, Donna Smith, Associate Warden Engle, D. Willis, Case Manager Williams, and Warden Tamara, shall have up to and including April 29, 2021, to respond to Plaintiff's Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 3/30/2021. Copy of order sent to plaintiff via U.S. Mail. (Poole, A)
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #34 MOTION for Extension of Time to File Answer regarding #1 Complaint, up to and including April 29, 2021. (Poole, A) |
| Filing 34 MOTION for Extension of Time to File Answer regarding #1 Complaint, up to and including April 29, 2021, filed by Associate Warden Engle, Tamara Lyn, Donna Smith, Case Manager Williams, D. Willis. (Attachments: #1 Text of Proposed Order) (Bredenberg, Michael) |
| Filing 33 Notice of Appearance filed by Michael D. Bredenberg on behalf of Associate Warden Engle, Tamara Lyn, Donna Smith, Case Manager Williams, D. Willis. (Bredenberg, Michael) |
| Filing 32 Letter from Webster Williams requesting a status update. (Attachments: #1 Envelope) (copy of docket sheet sent to plaintiff in SASE) (Poole, A) |
| Motion Submitted to District Judge Terrence W. Boyle regarding #26 MOTION for Default Judgment, #28 MOTION for Default Judgment. (Poole, A) |
| Filing 31 Summons Returned Executed by Certified Mail. The Attorney General of the United States of America served on 2/8/2021. Answer due 4/9/2021. (Poole, A) Modified to reflect summons for Attorney General on 3/9/2021 (Poole, A). |
| Filing 30 Summons Returned Executed by Certified Mail as to United States of America served on 1/29/2021. Answer due 3/30/2021. (Poole, A) |
| Filing 29 Request for Entry of Default filed by Webster Douglas Williams, III. (Attachments: #1 Affidavit in support, #2 Envelope) (Poole, A) |
| Filing 28 Ex Parte Second MOTION for Default Judgment filed by Webster Douglas Williams, III. (Attachments: #1 Cover Letter, #2 Envelope) (Poole, A) |
| Filing 27 Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General and forwarded to U.S. Marshals Service for service. (Poole, A) |
| Filing 26 MOTION for Default Judgment filed by Webster Douglas Williams, III. (Attachments: #1 Cover Letter, #2 Envelope) (Poole, A) |
| Motion Submitted to Chief Judge Terrence W. Boyle regarding #25 MOTION to Amend #1 Complaint,. (Poole, A) |
| Filing 25 Proposed MOTION to Amend #1 Complaint, filed by Webster Douglas Williams, III. (Attachment: #1 Envelope) (Poole, A) |
| Filing 24 SUMMONS Returned Executed as to Donna Smith served on 10/29/2020. Answer due 12/28/2020. (Poole, A) Modified on 11/30/2020 to update answer due date (Poole, A). |
| Filing 23 SUMMONS Returned Executed as to D. Willis served on 10/29/2020. Answer due 12/28/2020. (Poole, A) Modified on 11/30/2020 to update answer due date (Poole, A). |
| Filing 22 SUMMONS Returned Executed as to Case Manager Williams served on 10/29/2020. Answer due 12/28/2020. (Poole, A) Modified on 11/30/2020 to update answer due date (Poole, A). |
| Filing 21 SUMMONS Returned Executed as to Associate Warden Engle served on 10/29/2020. Answer due 12/28/2020. (Poole, A) Modified on 11/30/2020 to update answer due date (Poole, A). |
| Filing 20 Letter from Webster Douglas Williams, III regarding refund of filing fee overpayment. (Attachment: #1 Envelope) (Poole, A) Modified on 11/6/2020 to edit docket text (Poole, A). |
| Filing 19 MOTION to Amend #1 Complaint filed by Webster Douglas Williams, III. (Attachment: #1 Envelope) (Poole, A) |
| Motion Submitted to Chief Judge Terrence W. Boyle regarding #19 MOTION to Amend #1 Complaint. (Poole, A) |
| Filing 18 Summons Issued as to Associate Warden Engle, Donna Smith, Case Manager Williams, D. Willis and forwarded to U.S. Marshals for service. (Poole, A) |
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Filing 17
ORDER - GRANTING #14 Motion to Amend Complaint, and ALLOWS plaintiff to proceed with his action against defendants Smith, Engle, Willis, and Williams. The court DISMISSES all other defendants. The clerk is DIRECTED to maintain management of this case, including issuance of summonses. The court DIRECTS the United States Marshal Service to make service under 28 U.S.C. 1915(d). Signed by Chief Judge Terrence W. Boyle on 10/21/2020. Copy of order sent to plaintiff via U.S. Mail. (Poole, A)
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| Filing 16 Letter from Webster Williams regarding refund of filing fees. (Attachment: #1 Envelope) (Poole, A) |
| Filing 15 Letter from Webster Williams inquiring on case and copy request. (Attachment: #1 Envelope) (Poole, A) |
| Filing 14 MOTION to Amend Complaint filed by Webster Douglas Williams, III. (Attachment: #1 Envelope) (Poole, A) |
| Motion Submitted to Chief Judge Terrence W. Boyle regarding #14 MOTION to Amend Complaint. (Poole, A) |
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Filing 13
ORDER - GRANTING #12 Motion Refund of Overpayment. Plaintiff is directed to file an amended complaint as set forth above within 14 days of this court's order. Plaintiff must file his particularized complaint on the proper form. The clerk of court is directed to send plaintiff a form complaint for filing a response to this order. Failure to comply with the court's order will result in dismissal of this action without prejudice for failure to prosecute. Signed by Chief Judge Terrence W. Boyle on 4/7/2020. Copy of order and form complaint sent to plaintiff via U.S. mail. (Poole, A)
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| Filing 12 MOTION Refund of Overpayment filed by Webster Douglas Williams, III. (Attachment: #1 Envelope) (Poole, A) |
| Motion Submitted to Chief Judge Terrence W. Boyle regarding #12 MOTION refund of overpayment. (Poole, A) |
| Filing 11 Letter from Webster Williams requesting a case update. Copy of Docket Sheet sent to Mr. Williams via US mail. (Attachment: #1 Envelope) (Poole, A) |
| Filing 10 Letter inquiring Status of Case from Webster Williams. (Attachments: #1 Envelope) (Stouch, L.) |
| Case Submitted to Chief Judge Terrence W. Boyle for complaint review. (Indig, A.) |
| Filing 9 Prisoner Trust Fund Account Statement. (Attachments: #1 Envelope) (Edwards, S.) |
| Filing 8 RESPONSE to #7 Order filed by Webster Douglas Williams, III. (Attachments: #1 Documents in Support, #2 Envelope) (Edwards, S.) |
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Filing 7
ORDER - Plaintiff is DIRECTED to pay the $50 administrative fee within 21 days of entry of this order. Signed by Magistrate Judge Robert B. Jones, Jr on 11/12/2019. Copy sent via US Mail to Webster Douglas Williams, III at Butner Low - F.C.I. (Stouch, L.)
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| Filing 6 Letter from plaintiff stating that he intends to pay the $350 filing fee. (Attachments: #1 Envelope, #2 Response Letter) (Castania, M) |
| Filing fee: $ 350.00, receipt number RAL075166. (Indig, A.) |
| Filing 5 TRUST FUND INFORMATION REQUESTED. (Indig, A.) |
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Filing 4
Order (Prisoner Litigation Reform Act). Response to Order due by 11/20/2019. Signed by Magistrate Judge Robert B. Jones, Jr. on 10/30/2019. Copy sent to plaintiff via US Mail. (Indig, A.)
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| Filing 3 Letter regarding case opening sent via US Mail to Webster Douglas Williams, III at Butner Low - F.C.I. (Indig, A.) |
| Filing 2 MOTION to Proceed Without Prepayment of Fees filed by Webster Douglas Williams, III. (Indig, A.) |
| Filing 1 COMPLAINT against Ian Connors, Associate Warden Engle, Federal Bureau of Prisons Officers, D.J. Harmon, Director Inch, John and Jane Doe, Thomas R Kane, Matthew W. Malady, Richard Roe, Donna Smith, United States of America, Case Manager Williams and D. Willis filed by Webster Douglas Williams, III. (Attachments: #1 Documents in Support, #2 Cover Letter, #3 Envelope) (Indig, A.) |
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