Murray v. Department of the Army et al
Petitioner: Clinton M. Murray
Respondent: Guybert J. Paul, Department of the Army, Ryan D. McCarthy and Maitiu I. Laman
Case Number: 5:2020cv00386
Filed: July 17, 2020
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. § 2201
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2020 Motion Submitted to District Judge James C. Dever, III regarding #12 MOTION to Dismiss , or in the alternative, Motion for Summary Judgment, #4 MOTION for Preliminary Injunction, #3 MOTION for Temporary Restraining Order. (Stouch, L.)
July 23, 2020 Filing 13 Memorandum in Support regarding #12 MOTION to Dismiss , or in the alternative, Motion for Summary Judgment and Opposition to Petitioner's Motion for A Temporary Restraining Order and Preliminary Injuction filed by Department of the Army, Maitiu I. Laman, Ryan D. McCarthy, Guybert J. Paul. (Attachments: #1 Index, #2 Exhibit A - Enlisted Record Brief, #3 Exhibit B - 2019 Commanders DES Statement, #4 Exhibit C - Statement of Trial Results, #5 Exhibit D - Flag, Counseling, Flag Report, #6 Exhibit E - March 12, 2020 Emails, #7 Exhibit F - Orders 079-0251 dated March 19, 2020, #8 Exhibit G - Clearing Documentation, #9 Exhibit H - Gamboa Sworn Statement, #10 Exhibit I - Lanning Sworn Statement, #11 Exhibit J - Leave Form (Original), #12 Exhibit K - Leave Form (Altered), #13 Exhibit L - June 25, 2020 Email, #14 Exhibit M - Letter of Maitiu I. Laman dated July 13, 2020, #15 Exhibit N - Declaration of Major Clifford Waters) (Rogers, Joshua)
July 23, 2020 Filing 12 MOTION to Dismiss , or in the alternative, Motion for Summary Judgment filed by Department of the Army, Maitiu I. Laman, Ryan D. McCarthy, Guybert J. Paul. (Rogers, Joshua)
July 23, 2020 Filing 11 Summons Issued as to US Attorney Robert J. Higdon, Jr. (Sellers, N.)
July 23, 2020 Filing 10 Notice filed by Clinton M. Murray regarding #7 Complaint,, Proposed Summons for USAO Higdon. (O'Brien, D.)
July 22, 2020 Filing 9 Summonses Issued as to Department of the Army, Maitiu I. Laman, Ryan D. McCarthy, Guybert J. Paul. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Sellers, N.)
July 22, 2020 Notice to Counsel - Counsel has not provided proposed summons(es) for all of the necessary parties for service of this action. You must prepare and file the additional proposed summons(es) as required by Rule 4(I) of the Federal Rules of Civil Procedure.. (Sellers, N.)
July 22, 2020 Notice to Counsel regarding: #7 Complaint. In future filings, counsel is reminded that the case initiating document (i.e. Motion for Leave to Proceed in forma pauperis or Complaint) should be the first item filed in the case. (Sellers, N.)
July 21, 2020 Filing 8 Notice of Appearance filed by Joshua L. Rogers on behalf of Department of the Army, Maitiu I. Laman, Ryan D. McCarthy, Guybert J. Paul. (Rogers, Joshua)
July 20, 2020 Filing 7 COMPLAINT Petition for Writ of Habeas Corpus against Department of the Army, Maitiu I. Laman, Ryan D. McCarthy, Guybert J. Paul ( Filing fee $ 400 receipt number 0417-5525667.), filed by Clinton M. Murray. (Attachments: #1 Exhibit A - DD-214, #2 Exhibit B - Certificate of Retirement, #3 Exhibit C - Certificate of Appreciation, #4 Exhibit D - Secretary Letter, #5 Exhibit E - CPT Paul Email, #6 Exhibit F - Void 214, #7 Exhibit G - Orders, #8 Civil Cover Sheet, #9 Proposed Summons) (O'Brien, D.)
July 20, 2020 Opinion or Order Filing 6 ORDER - At the direction of the Court, and for the continued efficient administration of justice, the above captioned case is redesignated as a Western Division civil case and has been assigned to the Honorable James C. Dever III, United States District Judge. All future pleadings should reflect the revised case number of: 5:20-CV-386-D. No further filings shall be made in 5:20-HC-2136. Signed by Peter A. Moore, Jr., Clerk of Court on 7/20/2020. (Indig, A.)
July 17, 2020 Filing 5 Memorandum in Support regarding #4 MOTION for Preliminary Injunction , #3 MOTION for Temporary Restraining Order filed by Clinton M. Murray. (O'Brien, D.)
July 17, 2020 Filing 4 MOTION for Preliminary Injunction filed by Clinton M. Murray. (O'Brien, D.)
July 17, 2020 Filing 3 MOTION for Temporary Restraining Order filed by Clinton M. Murray. (O'Brien, D.)
July 17, 2020 Filing 2 Financial Disclosure Statement by Clinton M. Murray (O'Brien, D.)
July 17, 2020 Filing 1 Notice of Appearance filed by D. J. O'Brien, III on behalf of Clinton M. Murray. (O'Brien, D.)

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Respondent: Guybert J. Paul
Represented By: Joshua L. Rogers
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Respondent: Department of the Army
Represented By: Joshua L. Rogers
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Respondent: Ryan D. McCarthy
Represented By: Joshua L. Rogers
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Respondent: Maitiu I. Laman
Represented By: Joshua L. Rogers
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Petitioner: Clinton M. Murray
Represented By: D. J. O'Brien, III
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