Owens v. MAKO Medical Labs
| Michael W. Owens |
| MAKO Medical Labs |
| 5:2021cv00364 |
| October 27, 2021 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Document Text |
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| Filing 28 US Court of Appeals Case Number 21-7676 (Rickie Edwards, Case Manager) as to #26 Notice of Appeal, filed by Michael W. Owens. (Foell, S.) |
| Filing 27 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #26 Notice of Appeal,. (Foell, S.) |
| Assembled Electronic Record on Appeal transmitted to 4th Circuit Court of Appeals regarding #26 Notice of Appeal. (Foell, S.) |
| Filing 26 Amended Notice of Appeal filed by Michael W. Owens as to #23 Judgment, #22 Order on Memorandum and Recommendations, Order on Motion for Miscellaneous Relief, Order on Motion to Vacate. (Attachments: #1 Cover Letter, #2 Envelope) (Sellers, N.) |
| Filing 25 Document: Offender Trust Daily Receipt with Note Requesting Return of Filing Fee filed by Michael W. Owens. (Attachments: #1 Envelope) (Stouch, L.) |
| Filing 24 Letter from Michael W. Owens to Judge Jones (Attachments: #1 Envelope) (Sellers, N.) |
| Notification to Appeals Court of Filing regarding #23 Judgment, #22 Order. (Foell, S.) |
| Filing 23 JUDGMENT - IT IS ORDERED, ADJUDGED, AND DECREED that the court GRANTS plaintiff's motion to proceed in forma pauperis [D.E. 5], DENIES plaintiff's motion for return of money [D.E. IS], and DISMISSES AS MOOT plaintiff's motion to vacate the judgment [D.E. 16]. The court ADOPTS the conclusions in the M&R [D.E. 12] and DISMISSES plaintiff's complaint for failure to state a claim. Signed by Peter A. Moore, Jr., Clerk of Court on 11/18/2021. (Sellers, N.) |
Filing 22
ORDER adopting #12 Memorandum and Recommendations; denying #15 Motion for Return of Money; dismissing as moot #16 Motion to Vacate. Signed by District Judge James C. Dever III on 11/18/2021. (Sellers, N.)
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| Filing 21 Appeal Remark regarding #18 Notice of Interlocutory Appeal. (Foell, S.) |
| Motion Submitted to District Judge James C. Dever III regarding #17 MOTION to Alter Judgment. (Sellers, N.) |
| Filing 20 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #18 Notice of Interlocutory Appeal. (Rudd, D.) |
| Assembled Electronic Record on Appeal transmitted to 4th Circuit Court of Appeals regarding #18 Notice of Interlocutory Appeal. (Rudd, D.) |
| Filing 19 Memorandum in Support regarding #18 Notice of Appeal, filed by Michael W. Owens. (Attachments: #1 Exhibit I - Order (1:20cv1546 (AJT/IDD), #2 Envelope) (Waddell, K.) |
| Filing 18 Notice of Appeal, filed by Michael W. Owens (filing fee not paid). (Attachments: #1 Envelope) (Waddell, K.) |
| Filing 17 MOTION to Alter or Amend Judgment, filed by Michael W. Owens. (Attachments: #1 Cover Letter, #2 Envelope) (Waddell, K.) |
| Motion Submitted to District Judge James C. Dever III regarding #15 MOTION for Return of Money, #16 MOTION to Vacate. (Sellers, N.) |
| Filing 16 MOTION to Vacate Judgment filed by Michael W. Owens. (Attachments: #1 Copy of #14 Order granting motion to proceed in the district court without prepaying fees and costs, #2 Copy of #12 Order and Memorandum and Recommendation, #3 Envelope) (Sellers, N.) |
| Filing 15 MOTION for Return of Money filed by Michael W. Owens. (Attachments: #1 Envelope) (Sellers, N.) |
| Motion Submitted to District Judge James C. Dever III regarding #12 Memorandum and Recommendations, Order. (Sellers, N.) |
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Filing 14
ORDER granting #5 Motion for Leave to Proceed in forma pauperis. Signed by US Magistrate Judge Robert B. Jones, Jr on 10/27/2021. Sent to Michael W. Owens at Powhatan Correctional Center 3600 Woods Way State Farm, VA 23160 and Inmate Accounts Supervisor at Powhatan Correctional Center 3600 Woods Way State Farm, VA 23160 via US Mail. (Sellers, N.)
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| Filing 13 Prisoner Trust Fund Account Statement (Sellers, N.) |
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Filing 12
ORDER denying as moot #3 MOTION for Extension of Time to File filed by Michael W. Owens, MEMORANDUM AND RECOMMENDATIONS regarding #1 Complaint filed by Michael W. Owens, Objections to Memorandum and Recommendations due by 11/3/2021. Signed by US Magistrate Judge Robert B. Jones, Jr on 10/20/2021. Sent to Michael W. Owens at Powhatan Correctional Center 3600 Woods Way State Farm, VA 23160 via US Mail. (Sellers, N.)
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| Filing 11 TRUST FUND INFORMATION REQUESTED (Sellers, N.) (Additional attachment(s) added on 10/14/2021: #1 Prisoner Trust Fund Letter) (Sellers, N.). |
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Filing 10
Order (Prisoner Litigation Reform Act) Response to Order due by 11/3/2021. Signed by US Magistrate Judge Robert B. Jones, Jr on 10/13/2021. (Sellers, N.)
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Filing 9
ORDER REFERRING MOTIONS: #5 MOTION for Leave to Proceed in forma pauperis filed by Michael W. Owens, #3 MOTION for Extension of Time to File filed by Michael W. Owens. Motions referred to US Magistrate Judge Robert B. Jones, Jr. Signed by District Judge James C. Dever III on 10/13/2021. Sent to Michael W. Owens at Powhatan Correctional Center 3600 Woods Way State Farm, VA 23160 via US Mail. (Sellers, N.)
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| Motion Referred to US Magistrate Judge Robert B. Jones, Jr regarding #5 MOTION for Leave to Proceed in forma pauperis. (Sellers, N.) |
| Filing 8 Financial Disclosure Statement filed by Michael W. Owens. (Sellers, N.) |
| Filing 7 Notice - Proposed Summons filed by Michael W. Owens. (Sellers, N.) |
| Filing 6 Notice - Civil Cover Sheet filed by Michael W. Owens regarding #1 Complaint. (Sellers, N.) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Michael W. Owens. (Attachments: #1 Trust Fund Statements) (Sellers, N.) |
| Filing 4 Notice of Self-Representation filed by Michael W. Owens (Attachments: #1 Cover Letter, #2 Envelope) (Sellers, N.) |
| Motion Submitted to District Judge James C. Dever III regarding #3 MOTION for Extension of Time to File. (Sellers, N.) |
| Filing 3 MOTION for Extension of Time to File documents regarding #2 Order filed by Michael W. Owens. (Attachments: #1 Cover Letter, #2 Envelope) (Sellers, N.) |
| Case Submitted to District Judge James C. Dever III for review after no response to deficiency order. (Sellers, N.) |
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Filing 2
ORDER regarding deficiencies. Plaintiff is DIRECTED to correct the deficiencies listed above and return the corrected documents within fourteen (14) days from the filing of this order. Failure to do so may result in the dismissal of this action without prejudice for failure to prosecute. Signed by District Judge James C. Dever III on 9/16/2021. Sent to Michael W. Owens at Powhatan Correctional Center 3600 Woods Way State Farm, VA 23160 via US Mail, along with forms as directed. (Sellers, N.)
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| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Michael W. Owens. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Complaint. A party who is proceeding without an attorney shall file a notice of self representation pursuantto Local Civil Rule 5.2(b). (Rudd, D.) |
| Filing 1 COMPLAINT against MAKO Medical Labs (No Filing fee paid), filed by Michael W. Owens. (Attachments: #1 Cover Letter, #2 Envelope) (Rudd, D.) |
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| Plaintiff: Michael W. Owens | |
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| Defendant: MAKO Medical Labs | |
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