Lobacz v. The United States of America, et al
Petitioner: Frank M. Lobacz
Respondent: Bureau of Prisons (BOP) Medical and Other Staff John Does 1-10 and The United States of America
Case Number: 5:2019cv00453
Filed: October 11, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: James C Dever
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2019 Opinion or Order Filing 45 Financial Disclosure Statement filed by Frank M. Lobacz. (Sellers, N.)
November 13, 2019 Opinion or Order Filing 44 Notice of Self-Representation filed by Frank M. Lobacz (Attachments: #1 Envelope) (Sellers, N.)
October 16, 2019 Opinion or Order Filing 43 Notice to Pro Se Parties Regarding Transfer of Case to the Eastern District of North Carolina. The parties should read the notice in its entirety for additional information. (Rudd, D.)
October 15, 2019 Opinion or Order Filing 42 Case transferred in from District of North Carolina Middle. Case Number 1:19-cv-00497. Transfer order and docket sheet obtained from transferring district.
October 10, 2019 Opinion or Order Filing 41 ORDER signed by JUDGE N. C. TILLEY, JR. on 10/10/2019. The United States of America's Motion to Dismiss (Doc. #33 ) be DENIED in part as to its argument that the court lacks subject matter jurisdiction over the Federal Tort Claims Act claim and in part as moot as to its argument that Plaintiff has failed to state a claim upon which relief can be granted, an argument the United States of America can raise before the transferee court. FURTHER that the Clerk of the Court transfer this matter to the United States District Court for the Eastern District of North Carolina. (Daniel, J) [Transferred from North Carolina Middle on 10/15/2019.]
August 21, 2019 Opinion or Order Filing 40 AFFIRMATION re #39 Reply to Response to Motion by Plaintiff FRANK M. LOBACZ. (Attachments: #1 Envelope - Front and Back)(Taylor, Abby) [Transferred from North Carolina Middle on 10/15/2019.]
August 13, 2019 Opinion or Order Motions Submitted #33 MOTION to Dismiss to JUDGE N. C. TILLEY, JR. (Winchester, Robin) [Transferred from North Carolina Middle on 10/15/2019.]
August 12, 2019 Opinion or Order Filing 39 REPLY, filed by Defendant THE UNITED STATES OF AMERICA, to Response to #33 MOTION to Dismiss filed by THE UNITED STATES OF AMERICA. (BAKER, STEVEN) [Transferred from North Carolina Middle on 10/15/2019.]
August 5, 2019 Opinion or Order Filing 38 AFFIDAVIT re #37 Response in Opposition to Motion, filed by Plaintiff FRANK M. LOBACZ. (Attachments: #1 Inner Envelope front and back, #2 Outer Envelope front and back) (Garland, Leah) [Transferred from North Carolina Middle on 10/15/2019.]
August 5, 2019 Opinion or Order Filing 37 RESPONSE in Opposition to #33 MOTION to Dismiss, filed by FRANK M. LOBACZ. Replies due by 8/19/2019. (Attachments: #1 Inner Envelope front and back, #2 Outer Envelope front and back) (Garland, Leah) [Transferred from North Carolina Middle on 10/15/2019.]
August 5, 2019 Opinion or Order Reset Response Deadline re: #33 MOTION to Dismiss: Responses due by 8/4/2019. (Garland, Leah) [Transferred from North Carolina Middle on 10/15/2019.]
August 2, 2019 Opinion or Order TEXT ORDER granting #36 Motion for Extension of Time to File Response. For good cause shown, Plaintiff shall have up to and including August 4, 2019 to respond to Defendants' motion to dismiss. Issued by MAG/JUDGE JOE L. WEBSTER on 8/2/2019.(Lee, Pedra) [Transferred from North Carolina Middle on 10/15/2019.]
August 1, 2019 Opinion or Order Motions Referred: RE: #36 MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Dismiss , to MAG/JUDGE JOE L. WEBSTER (Winchester, Robin) [Transferred from North Carolina Middle on 10/15/2019.]
July 1, 2019 Opinion or Order Filing 36 MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Dismiss by FRANK M. LOBACZ. (Attachments: #1 Envelope - Front and Back)(Taylor, Abby) [Transferred from North Carolina Middle on 10/15/2019.]
June 11, 2019 Opinion or Order Filing 35 Roseboro Letter as to Plaintiff FRANK M. LOBACZ. Re: #33 MOTION to Dismiss by THE UNITED STATES OF AMERICA. (Taylor, Abby) [Transferred from North Carolina Middle on 10/15/2019.]
June 11, 2019 Opinion or Order Filing 34 MEMORANDUM re #33 MOTION to Dismiss by Defendant THE UNITED STATES OF AMERICA. (Attachments: #1 Exhibit 1 - Declaration of Christina A. Kelley)(BAKER, STEVEN) [Transferred from North Carolina Middle on 10/15/2019.]
June 11, 2019 Opinion or Order Filing 33 MOTION to Dismiss by THE UNITED STATES OF AMERICA. Response to Motion due by 7/5/2019 (BAKER, STEVEN) [Transferred from North Carolina Middle on 10/15/2019.]
June 5, 2019 Opinion or Order TEXT ORDER granting #32 Motion for Extension of Time to Answer filed by THE UNITED STATES OF AMERICA. For good cause shown, Defendant shall have up to and including June 18, 2019 within which to file an Answer or otherwise respond to Plaintiff's Complaint. Issued by MAG/JUDGE JOE L. WEBSTER on 6/5/2019.(Lee, Pedra) [Transferred from North Carolina Middle on 10/15/2019.]
June 5, 2019 Opinion or Order Motions Referred: RE: #32 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint, to MAG/JUDGE JOE L. WEBSTER (Winchester, Robin) [Transferred from North Carolina Middle on 10/15/2019.]
June 5, 2019 Opinion or Order Set Answer Deadline: THE UNITED STATES OF AMERICA answer due 6/18/2019. (Taylor, Abby) [Transferred from North Carolina Middle on 10/15/2019.]
June 4, 2019 Opinion or Order Filing 32 MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by THE UNITED STATES OF AMERICA. (Attachments: #1 Text of Proposed Order)(BAKER, STEVEN) [Transferred from North Carolina Middle on 10/15/2019.]
May 14, 2019 Opinion or Order Case assigned to JUDGE N. C. TILLEY, JR and MAGISTRATE JUDGE JOE L. WEBSTER. (Coyne, Michelle) [Transferred from North Carolina Middle on 10/15/2019.]
May 13, 2019 Opinion or Order Filing 31 Case transferred in from District of Florida Southern; Case Number 0:18-cv-61737. Original file certified copy of transfer order and docket sheet received. [Transferred from North Carolina Middle on 10/15/2019.]
May 10, 2019 Opinion or Order Filing 30 NOTICE of Compliance re #29 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Summary Judgment. (mailed to address listed on order) (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
May 10, 2019 Opinion or Order Filing 29 ORDER TRANSFERRING CASE TO MIDDLE DISTRICT OF NORTH CAROLINA; DISMISSING COUNT I AGAINST THE UNITED STATES OF AMERICA granting in part and denying in part #14 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part #14 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part #14 Motion for Summary Judgment. Closing Case. Motions Terminated: #14 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint MOTION for Summary Judgment filed by The United States of America, Bureau of Prisons (BOP) Medical and Other Staff John Does 1-10. Signed by Judge William P. Dimitrouleas on 5/10/2019. See attached document for full details. (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
May 10, 2019 Opinion or Order Case is closed-transferred to NC ,Case Reopened in Error (mee) Text Modified on 5/13/2019 (mee). [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
May 10, 2019 Opinion or Order Case transferred to District of Middle District of North Carolina electronically per DE#29 (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
April 12, 2019 Opinion or Order Filing 28 AFFIRMATION by Frank M Lobacz (mc) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
April 3, 2019 Opinion or Order Filing 27 REPLY to Response to Motion re #14 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint MOTION for Summary Judgment REPLY TO PLAINTIFFS OPPOSITION TO MOTION TO DISMISS filed by The United States of America. (Petri, Steven) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
March 27, 2019 Opinion or Order Filing 26 Plaintiff's MEMORANDUM in Opposition to Government's Motion to Dismiss the First Cause of Action and for Summary Judgment on the Second Cause of Action in the Complaint re #14 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint MOTION for Summary Judgment by Frank M Lobacz. (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
March 25, 2019 Opinion or Order Filing 25 CLERK'S NOTICE of Compliance re #24 Order on Motion for Extension of Time to File Response #14 Motion to Dismiss; Copy of Order Mailed to Plaintiff. (vmz) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
March 25, 2019 Opinion or Order Filing 24 ORDER granting #23 Motion for Extension of Time to File Response to Motion #14 MOTION TO DISMISS. Responses due by 3/27/2019 Signed by Judge William P. Dimitrouleas on 3/25/2019. See attached document for full details. (vmz)[Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
March 21, 2019 Opinion or Order Filing 23 Unopposed MOTION for an Extension of Time to Respond to the Government's Pre-Answer Motion to Dismiss Count One and for Summary Judgment on Count Two as to #21 Order on Motion for Extension of Time to File Response/Reply/Answer,, by Frank M Lobacz. (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
March 18, 2019 Opinion or Order Filing 22 NOTICE of Compliance re #21 Order on Motion for Extension of Time to File Response/Reply/Answer,, (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
March 15, 2019 Opinion or Order Filing 21 ORDER GRANTING MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS granting #20 Motion for Extension of Time to File Response/Reply to Motion. Re: #14 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint MOTION for Summary Judgment filed by The United States of America, Bureau of Prisons (BOP) Medical and Other Staff John Does 1-10. Responses due by 3/22/2019 Signed by Judge William P. Dimitrouleas on 3/15/2019. See attached document for full details. (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
March 14, 2019 Opinion or Order Filing 20 Unopposed Motion for Extension of Time to Respond to the Governments' Pre-Answer Motion to Dismiss Count One and for Summary Judgment on Count Two as to #14 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint MOTION for Summary Judgment by Frank M Lobacz. (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
February 15, 2019 Opinion or Order Filing 19 PAPERLESS ORDER granting #18 Motion for Extension of Time to File Response/Reply to Motion. Re: #14 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint MOTION for Summary Judgment filed by The United States of America, Bureau of Prisons (BOP) Medical and Other Staff John Does 1-10. Responses due by 3/15/2019 Signed by Judge William P. Dimitrouleas on 2/15/2019. (vty) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
February 14, 2019 Opinion or Order Filing 18 MOTION for Extension of Time to File Response as to #14 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint MOTION for Summary Judgment by Frank M Lobacz. (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
January 15, 2019 Opinion or Order Filing 17 Clerk's Notice of Compliance re 16 Order on Motion for Extension of Time to File Response/Reply/Answer. Order mailed to plaintiff as instructed. (cbr) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
January 14, 2019 Opinion or Order Filing 16 PAPERLESS ORDER granting #15 Motion for Extension of Time to File Response/Reply to Motion. Re: #14 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint MOTION for Summary Judgment filed by The United States of America, Bureau of Prisons (BOP) Medical and Other Staff John Does 1-10. Responses due by 2/15/2019. The Clerk is DIRECTED to mail a copy of this Order to pro se Plaintiff at the address of record. Signed by Judge William P. Dimitrouleas on 1/14/2019. (vty) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
January 11, 2019 Opinion or Order Filing 15 Unopposed MOTION for an Extension of Time to Respond to the Government's Pre-Answer Motion to Dismiss Count One and for Summary Judgment on Count Two #14 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint MOTION for Summary Judgment by Frank M Lobacz. (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
December 26, 2018 Opinion or Order Filing 14 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM ( Responses due by 1/9/2019), MOTION to Dismiss for Lack of Jurisdiction #1 Complaint ( Responses due by 1/9/2019), MOTION for Summary Judgment by Bureau of Prisons (BOP) Medical and Other Staff John Does 1-10, The United States of America. Attorney Steven R. Petri added to party Bureau of Prisons (BOP) Medical and Other Staff John Does 1-10(pty:dft), Attorney Steven R. Petri added to party The United States of America(pty:dft). (Attachments: #1 Exhibit 1)(Petri, Steven) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
November 7, 2018 Opinion or Order Set/Reset Answer Due Deadline: Bureau of Prisons (BOP) Medical and Other Staff John Does 1-10 response due 1/4/2019. (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
November 6, 2018 Opinion or Order Filing 13 Clerks Notice of Docket Correction re #10 Summons Returned Executed. Docket Text Modified by Clerk. (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
November 6, 2018 Opinion or Order Filing 12 SUMMONS (Affidavit) Returned Executed by Frank M Lobacz. Bureau of Prisons (BOP) Medical and Other Staff John Does 1-10 served on 11/5/2018, answer due 1/4/2019 for image see De#10 . (mee) Modified on 11/7/2018 (mee). [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
November 6, 2018 Opinion or Order Filing 11 SUMMONS (Affidavit) Returned Executed by Frank M Lobacz. The United States of America,C/O United States Attorney served on 11/2/2018, answer due 1/2/2019. (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
November 6, 2018 Opinion or Order Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Frank M Lobacz. Bureau of Prisons (BOP) Medical and Other Staff John Does 1-10 served on 11/5/2018, answer due 11/26/2018. (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
November 6, 2018 Opinion or Order Filing 9 RESPONSE TO ORDER TO SHOW CAUSE re #7 Order to Show Cause, by Frank M Lobacz. (mee) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
November 2, 2018 Opinion or Order Filing 8 Summons Issued as to Florida Bureau of Prisons. (drz) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
October 30, 2018 Opinion or Order Filing 7 ORDER TO SHOW CAUSE FOR FAILURE TO COMPLY WITH RULE 4(M) OF THE FEDERAL RULES OF CIVIL PROCEDURE. On or before November 6, 2018, Plaintiff shall either perfect service upon Defendants, show that service has already been made, or show good cause why service has not been perfected. Show Cause Response due by 11/6/2018. Signed by Judge William P. Dimitrouleas on 10/30/2018. See attached document for full details. (ar2) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
July 31, 2018 Opinion or Order Filing 6 ORDER Requiring Counsel to Meet, File Joint Scheduling Report and Joint Discovery Report. Signed by Judge William P. Dimitrouleas on 7/31/2018. See attached document for full details. (mc) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
July 30, 2018 Opinion or Order Filing 5 ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge William P. Dimitrouleas on 7/30/2018. See attached document for full details. (mc) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
July 27, 2018 Opinion or Order Filing 4 Summons Issued as to The United States of America (cbr) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
July 27, 2018 Opinion or Order Filing 3 Clerks Notice of Receipt of Filing Fee received on 7/27/2018 in the amount of $ 400.00, receipt number FLS000010738 (cbr) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
July 27, 2018 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cbr) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]
July 27, 2018 Opinion or Order Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 Receipt#: FLS 000010738, filed by Frank M Lobacz. (Attachments: #1 Civil Cover Sheet)(cbr) [Transferred from Florida Southern on 5/13/2019.] [Transferred from North Carolina Middle on 10/15/2019.]

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Respondent: Bureau of Prisons (BOP) Medical and Other Staff John Does 1-10
Represented By: Steven R. Petri
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Respondent: The United States of America
Represented By: Steven N. Baker
Represented By: Steven R. Petri
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Petitioner: Frank M. Lobacz
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