May v. United States of America
Plaintiff: Messiah May
Defendant: United Sates of America
Case Number: 5:2019ct03391
Filed: December 19, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: James C Dever
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 20, 2019 Case Submitted to District Judge James C. Dever III for complaint review. (Indig, A.)
December 19, 2019 Filing 6 Letter to plaintiff regarding transfer of case and new docket number. (Castania, M)
December 19, 2019 Filing 5 Case transferred in from District of North Carolina Middle. Case Number 1:19-cv-01156. transfer order and docket sheet obtained from transferring district.
December 19, 2019 TEXT ORDER directing the Clerk to transfer this case to the United States District Court for the Eastern District of North Carolina, for the reasons stated in a separate Text Order entered this day. Issued by MAG/JUDGE L. PATRICK AULD on 12/19/2019. (AULD, L.) [Transferred from North Carolina Middle on 12/19/2019.]
December 19, 2019 TEXT ORDER granting #4 Letter Motion, filed by Plaintiff requesting clarification regarding payment of the filing fee in this case and proper venue, in that the Court advises Plaintiff (A) that #3 Order relieved him only of the obligation to make an initial partial payment, but required him to pay the filing fee in installments from his inmate trust account; and (B) that venue belongs in the district where the seizure of his property occurred and that the Court therefore will transfer this action to the United States District Court for the Eastern District of North Carolina, in light of Plaintiff's representations in #4 Letter Motion that his "property was seized in the Eastern District Raleigh Wake County." Issued by MAG/JUDGE L. PATRICK AULD on 12/19/2019. (AULD, L.) [Transferred from North Carolina Middle on 12/19/2019.]
December 16, 2019 Filing 4 MOTION for Clarification re: #3 Order, filed by MESSIAH [NMN] MAY. Responses due by 1/6/2020. (Attachments: #1 Envelope - Front and Back) (Garland, Leah) [Transferred from North Carolina Middle on 12/19/2019.]
November 26, 2019 Opinion or Order Filing 3 ORDER signed by MAG/JUDGE L. PATRICK AULD on 11/26/2019, that Plaintiff in the above-named action be, and is hereby, permitted to file and prosecute said action in this Court without prepayment of fees or giving security therefor, subject to the conditions set forth below. FURTHER ORDERED that, as a condition of Plaintiff's proceeding in forma pauperis, Plaintiff's current custodian and/or trust officer shall, starting with the month of December of 2019, collect, set aside, and pay from Plaintiff's trust account on a continuing basis 20 percent of the deposits to Plaintiff's account until the full filing fee and any costs, should they be assessed at a later date, have been paid in full. Unless the Court orders otherwise and except for final payment, such payments shall be made each time the set aside balance in Plaintiff's account exceeds $10.00 until the $350.00 filing fee has been paid. FURTHER ORDERED that all payments deducted in relation to this case shall be designated as made in payment of the filing fee for Civil Action No. 1:19CV1156, and shall be paid to the Clerk, U.S. District Court for the Middle District of North Carolina. In the event Plaintiff is transferred to another institution, the balance due shall be collected and paid to the Clerk by the custodian at Plaintiff's next institution. A copy of this Order shall be sent to Plaintiff's current custodian. FURTHER ORDERED that the Clerk shall prepare summonses addressed to the United States Attorney for the Middle District of North Carolina and the Attorney General of the United States, as provided in Federal Rule of Civil Procedure 4(i)(1). FURTHER ORDERED that the United States Marshal shall serve the summonses and copies of the Complaint. (Garland, Leah) [Transferred from North Carolina Middle on 12/19/2019.]
November 22, 2019 Filing 2 MOTION for Return of Property filed by MESSIAH [NMN] MAY. (Attachments: #1 Envelope - Front and Back) (Garland, Leah) [Transferred from North Carolina Middle on 12/19/2019.]
November 22, 2019 Filing 1 APPLICATION to Proceed IFP by MESSIAH [NMN] MAY. (Garland, Leah) [Transferred from North Carolina Middle on 12/19/2019.]
November 22, 2019 CASE REFERRED for Screening. (Garland, Leah) [Transferred from North Carolina Middle on 12/19/2019.]
November 22, 2019 Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Garland, Leah) [Transferred from North Carolina Middle on 12/19/2019.]

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Plaintiff: Messiah May
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Defendant: United Sates of America
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