Guarascio v. United States of America et al
| Joseph Michael Guarascio |
| United States of America, United States Department of Justice, Federal Bureau of Investigation, JEFFREY ROSEN, Director Christopher Wray, NATHAN GRAY, OWEN HARRIS, NC SBI, New Hanover County Sheriff's Office, RJN, MTN, KB, Officer White, WILSON and John Does |
| 5:2022ct03172 |
| May 23, 2022 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 15, 2022. A more recent docket listing may be available from PACER.
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| Motion Submitted to Chief Judge Richard E. Myers II regarding #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Response at #39 . (Lopez, R.) |
| Filing 39 RESPONSE in Opposition regarding #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joseph Michael Guarascio. (Attachments: #1 Cover Letter, #2 Envelope) (Lopez, R.) |
Filing 38
ORDER granting #37 Motion for Extension of Time to File Response regarding #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Responses due by 7/26/2022. Signed by Peter A. Moore, Jr., Clerk of Court on 7/8/2022. Copy of order sent to plaintiff via US Mail. (Lopez, R.)
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| Filing 37 MOTION for Extension of Time to File Response as to #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joseph Michael Guarascio. (Attachments: #1 Cover Letter, #2 Envelope) (Lopez, R.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #37 MOTION for Extension of Time to File Response as to #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Lopez, R.) |
| Filing 36 Rule 12 Letter Issued to Joseph Michael Guarascio as to #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 7/11/2022. (Lopez, R.) |
| Filing 35 Memorandum in Support regarding #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NC SBI, Officer White. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Nichols, Bryan) |
| Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NC SBI, Officer White. (Nichols, Bryan) |
| Filing 33 RESPONSE in Opposition regarding #31 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joseph Michael Guarascio. (Attachments: #1 Envelope) (Lopez, R.) |
| Motion Submitted to Chief Judge Richard E. Myers II regarding #22 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss , #17 MOTION to Dismiss . (Lopez, R.) |
| Motion Submitted to Chief Judge Richard E. Myers II regarding #31 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Lopez, R.) |
| Filing 32 Memorandum in Support regarding #31 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by New Hanover County Sheriff's Office. (Castro, Brian) |
| Filing 31 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by New Hanover County Sheriff's Office. (Castro, Brian) |
| Filing 30 Letter regarding case opening sent to plaintiff via US Mail. (Lopez, R.) |
| Filing 29 Case transferred in from District of District of Columbia. Case Number 1:21-cv-00746. transfer order and docket sheet obtained from transferring district. |
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Filing 28
ORDER transferring case to the U.S. District Court for the Eastern District of North Carolina. See Order for details. Signed by Judge Timothy J. Kelly on 5/2/2022. (lctjk1) [Transferred from District of Columbia on 5/23/2022.]
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| Filing 27 REPLY to opposition to motion to Dismiss filed by NHCSO (ECF No. 24) filed by NEW HANOVER COUNTY SHERIFF'S OFFICE. (Attachments: #1 Exhibit 1)(Ames, Lela) [Transferred from District of Columbia on 5/23/2022.] |
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MINUTE ORDER treating as opposed and granting Defendant New Hanover County Sheriff's Office's #25 Motion for Extension of Time to File Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss. It is hereby ORDERED, for good cause shown, that Defendant's motion is GRANTED. It is further ORDERED that Defendant New Hanover County Sheriff's Office shall file any reply by February 9, 2022. Signed by Judge Timothy J. Kelly on 1/21/2021. (lctjk1) [Transferred from District of Columbia on 5/23/2022.]
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| Filing 25 MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to NHCSO's Motion to Dismiss (ECF No. 24) by NEW HANOVER COUNTY SHERIFF'S OFFICE. (Attachments: #1 Text of Proposed Order)(Ames, Lela) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 26 RESPONSE re #22 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss filed by JOSEPH MICHAEL GUARASCIO. (Attachment: #1 Exhibit - Attachment)(ztth) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 24 RESPONSE re #22 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss filed by JOSEPH MICHAEL GUARASCIO. (ztth) (Additional attachment(s) added on 1/19/2022: #1 Exhibit Attachment, #2 Text of Proposed Order) (ztth). [Transferred from District of Columbia on 5/23/2022.] |
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Filing 23
ORDER advising Plaintiff to respond to Defendants White and NC SBI's #22 Motion to Dismiss by January 17, 2022. See Order for details. Signed by Judge Timothy J. Kelly on 12/9/2021. (lctjk1) Modified to correct law clerk initials on 12/9/2021 (zkh). [Transferred from District of Columbia on 5/23/2022.]
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| Filing 22 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss by NC SBI, WHITE. (Attachments: #1 Memorandum in Support of Moving Defendants' Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Text of Proposed Order Granting Motion to Dismiss)(Nichols, Bryan) [Transferred from District of Columbia on 5/23/2022.] |
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Filing 21
ORDER advising Plaintiff to respond to Defendant New Hanover County Sheriff's Office's #17 Motion to Dismiss by January 17, 2022. See Order for details. Signed by Judge Timothy J. Kelly on 11/24/2021. (lctjk1) [Transferred from District of Columbia on 5/23/2022.]
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MINUTE ORDER treating as opposed and granting Defendants White and NC SBI's #20 Motion for Extension of Time to File Answer. It is hereby ORDERED, nunc pro tunc and for good cause shown, that Defendants White and NC SBI's motion is GRANTED. It is further ordered that White and NC SBI shall answer or otherwise respond to Plaintiff's Complaint by December 7, 2021. Signed by Judge Timothy J. Kelly on 11/24/2021. (lctjk1) [Transferred from District of Columbia on 5/23/2022.]
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| Filing 20 MOTION for Extension of Time to File Answer by NC SBI, WHITE. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time)(Nichols, Bryan) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 19 NOTICE of Appearance by Brian Florencio Castro on behalf of NEW HANOVER COUNTY SHERIFF'S OFFICE (Castro, Brian) [Transferred from District of Columbia on 5/23/2022.] |
| MINUTE ORDER granting Defendant New Hanover County Sheriff's Office's #18 Motion for Leave to Appear Pro Hac Vice. Attorney Brian F. Castro is hereby admitted pro hac vice to appear in this matter on behalf of Defendant New Hanover County Sheriff's Office. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Ju dge Timothy J. Kelly on 11/18/2021. (lctjk1) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian Castro, Filing fee $ 100, receipt number ADCDC-8870944. Fee Status: Fee Paid. by NEW HANOVER COUNTY SHERIFF'S OFFICE. (Chalashtori, Jasmine) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 17 MOTION to Dismiss by NEW HANOVER COUNTY SHERIFF'S OFFICE. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Text of Proposed Order)(Ames, Lela) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 16 NOTICE of Appearance by Jasmine Grace Chalashtori on behalf of NEW HANOVER COUNTY SHERIFF'S OFFICE (Chalashtori, Jasmine) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 15 NOTICE of Appearance by Lela M. Ames on behalf of NEW HANOVER COUNTY SHERIFF'S OFFICE (Ames, Lela) [Transferred from District of Columbia on 5/23/2022.] |
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MINUTE ORDER treating as opposed and granting Defendants White and NC SBI's #14 Motion for Extension of Time to File Answer. It is hereby ORDERED, nunc pro tunc and for good cause shown, that Defendants White and NC SBI's motion is GRANTED. It is further ordered that White and NC SBI shall answer or otherwise respond to Plaintiff's Complaint by November 23, 2021. Signed by Judge Timothy J. Kelly on 11/4/2021. (lctjk1) [Transferred from District of Columbia on 5/23/2022.]
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| Filing 14 MOTION for Extension of Time to File Answer re #1 Complaint, by NC SBI, WHITE. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time to File Answer)(Nichols, Bryan) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NEW HANOVER COUNTY SHERIFF'S OFFICE served on 10/26/2021, answer due 11/16/2021. (ztth) [Transferred from District of Columbia on 5/23/2022.] |
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Filing 12
ORDER dismissing Plaintiff's claims against Defendants United States of America, United States Department of Justice, Federal Bureau of Investigation, Jeffrey Rosen, Christopher Wray, Nathan Gray, and Owen Harris; granting Defendant White's #5 Motion for Extension of Time; ordering Defendants NC SBI and White to file an answer or response to Plaintiff's #1 Complaint by November 2, 2021; and ordering the U.S. Marshals Service to serve Defendant New Hanover County Sheriff's Office. See Order for details. Signed by Judge Timothy J. Kelly on 10/12/2021. (lctjk1) Modified to correct terminated defendant names on 10/12/2021 (zkh). [Transferred from District of Columbia on 5/23/2022.]
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| Filing 11 RESPONSE TO ORDER OF THE COURT re Minute Order filed by JOSEPH MICHAEL GUARASCIO. (ztth) (Additional attachment(s) added on 10/6/2021: #1 Exhibit) (ztth). [Transferred from District of Columbia on 5/23/2022.] |
| Filing 10 Summons Returned Unexecuted as to NEW HANOVER COUNTY SHERIFF'S OFFICE. (ztth) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 9 Summons Returned Unexecuted as to WILSON. (ztth) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NC SBI served on 6/17/2021, answer due 7/8/2021 (ztth) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. FEDERAL BUREAU OF INVESTIGATION served on 6/29/2021; NATHAN GRAY served on 6/29/2021; OWEN HARRIS served on 6/29/2021; JEFFREY ROSEN served on 6/29/2021; UNITED STATES DEPARTMENT OF JUSTICE served on 6/29/2021; CHRISTOPHER WRAY served on 6/29/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/29/2021. (ztth) [Transferred from District of Columbia on 5/23/2022.] |
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MINUTE ORDER: The Court previously ordered Plaintiff to, by June 16, 2021, serve Defendants and file proof of service, or request an extension and demonstrate good cause. See Minute Order of May 14, 2021. The Court further instructed that "[i]f Plaintiff fails to do so, the Court may dismiss the action without prejudice." Id. After that deadline passed without Plaintiff filing proof of service, the Court ordered Plaintiff to show cause why this case should not be dismissed. See Minute Order of July 9, 2021. Plaintiff filed a response, to which he attached letters and a chart regarding service. ECF No. 6. But these documents do not, on their face, appear to show that any specific Defendant was properly served. Therefore, it is hereby ORDERED that, by October 7, 2021, Plaintiff shall file proper proof of service on Defendants. If Plaintiff fails to do so, the Court may dismiss the action without prejudice. Signed by Judge Timothy J. Kelly on 9/9/2021. (lctjk1) [Transferred from District of Columbia on 5/23/2022.]
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re Order, filed by JOSEPH MICHAEL GUARASCIO. (ztth) [Transferred from District of Columbia on 5/23/2022.] |
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MINUTE ORDER: The Court previously ordered Plaintiff to, by June 16, 2021, serve Defendants and file proof of service, or request an extension and demonstrate good cause. See Minute Order of May 14, 2021. The Court further instructed that "[i]f Plaintiff fails to do so, the Court may dismiss the action without prejudice." Id. That deadline has since passed, and the docket still does not reflect timely service on any Defendant. Therefore, it is hereby ORDERED that, by August 9, 2021, Plaintiff shall show cause why this case should not be dismissed. At this time, the Court will hold Defendant White's #5 Motion for Extension of Time in abeyance. Signed by Judge Timothy J. Kelly on 7/9/2021. (lctjk1) [Transferred from District of Columbia on 5/23/2022.]
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| Filing 5 First MOTION for Extension of Time to File Answer re #1 Complaint, by WHITE. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time to Respond to Complaint)(Nichols, Bryan) [Transferred from District of Columbia on 5/23/2022.] |
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MINUTE ORDER: Federal Rule of Civil Procedure 4(m) requires Plaintiff to serve Defendants "within 90 days after the complaint is filed." Fed. R. Civ. P. 4(m). That time began to run on March 18, 2021, and will expire on June 16, 2021. Plaintiff has named as Defendants the United States, U.S. agencies, and U.S. officers. In such cases, Federal Rule of Civil Procedure 4(i) governs service. To serve the United States, Rule 4(i)(1) requires plaintiff to "(A)(i) deliver a copy of the summons and of the complaint to the United States attorney for the district where the action is brought--or to an assistant United States attorney or clerical employee whom the United States attorney designates in a writing filed with the court clerk--or (ii) send a copy of each by registered or certified mail to the civil-process clerk at the United States attorney's office; (B) send a copy of each by registered or certified mail to the Attorney General of the United States at Washington, D.C.; and (C) if the action challenges an order of a nonparty agency or officer of the United States, send a copy of each by registered or certified mail to the agency or officer." Rule 4(i)(2) requires that "[t]o serve a United States agency or corporation, or a United States officer or employee sued only in an official capacity, a party must serve the United States [in accordance with Rule 4(i)(1)] and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee." Fed. R. Civ. P. 4(i)(2). Plaintiff has also sued a state agency and state officials, and the Court accordingly directs Plaintiff's attention to Rule 4(e) (Serving an Individual Within a Judicial District of the United States) and 4(j) (Serving a Foreign, State, or Local Government). Finally, Rule 4(l) directs that "[u]nless service is waived, proof of service must be made to the court." Fed. R. Civ. P. 4(l). At present, the docket does not appear to reflect proper service on any Defendant. Accordingly, it is hereby ORDERED that Plaintiff shall serve and file proof of service on the Defendants, or request an extension and demonstrate good cause, no later than June 16, 2021. If Plaintiff fails to do so, the Court may dismiss the action without prejudice. Fed. R. Civ. P. 4(m). Signed by Judge Timothy J. Kelly on 5/14/2021. (lctjk1) [Transferred from District of Columbia on 5/23/2022.]
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| Filing 4 ERRATA by JOSEPH MICHAEL GUARASCIO re #3 Notice of Change of Address filed by JOSEPH MICHAEL GUARASCIO. (ztth) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 3 NOTICE of Change of Address by JOSEPH MICHAEL GUARASCIO. (ztth) [Transferred from District of Columbia on 5/23/2022.] |
| Filing fee received: $350.00, receipt number: 4616105302. (ztth) [Transferred from District of Columbia on 5/23/2022.] |
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Filing 2
STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 3/24/2021. (lctjk1) [Transferred from District of Columbia on 5/23/2022.]
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| Summons (10) Issued as to FEDERAL BUREAU OF INVESTIGATION, NATHAN GRAY, OWEN HARRIS, NC SBI, (2) NEW HANOVER COUNTY SHERIFF'S OFFICE, JEFFREY ROSEN, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, CHRISTOPHER WRAY. (ztth) [Transferred from District of Columbia on 5/23/2022.] |
| Filing 1 COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, JEFFREY ROSEN, CHRISTOPHER WRAY, NATHAN GRAY, OWEN HARRIS, NC SBI, NEW HANOVER COUNTY SHERIFF'S OFFICE, UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA, with Jury Demand filed by JOSEPH MICHAEL GUARASCIO. (Attachment: #1 Civil Cover Sheet) (ztth); Modified text on 3/23/2021 (ztth). (Additional attachment(s) added on 3/24/2021: #2 Exhibit Attachment) (ztth). [Transferred from District of Columbia on 5/23/2022.] |
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