Cruz v. Federal Butner Mental Health Hospital, et al
| Abraham Cruz |
| Federal Butner Mental Health Hospital, John Doe, Sgt. Jane Doe and John/Jane Does |
| 5:2023ct03213 |
| July 21, 2023 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| None |
Docket Report
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This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 34 Letter from Abraham (Junior) Cruz providing the court with a copy of filing made with the Third Circuit Court of Appeals. (Attachments: #1 Copy of filing - Third Circuit Court of Appeals, #2 Envelope) (Lopez, R.) |
| Filing 33 Mail Returned as Undeliverable. Mail sent to Inmate Accounts (DE-30). Mail resent with the control number. (Lopez, R.) |
| Filing 32 Mail Returned as Undeliverable. Mail sent to Abraham Cruz (DE #29) returned for failed authentication. Mail has been resent to plaintiff with the control number. (Lopez, R.) |
| Filing 31 MOTION to Appoint Counsel filed by Abraham Cruz. (Attachments: #1 Envelope) (Lopez, R.) |
| Motion Submitted to Chief Judge Richard E. Myers II regarding #31 MOTION to Appoint Counsel. (Lopez, R.) |
Filing 30
ORDER granting #11 Application to Proceed IFP. Signed by Magistrate Judge Robert B. Jones, Jr. on 7/27/2023. Copy of order sent to plaintiff and Inmate Accounts at SCI-Phoenix via US Mail. (Lopez, R.)
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| Case Submitted to Chief Judge Richard E. Myers II for initial review. Once a review is completed an order will enter and the next appropriate step will be taken. (Courtesy copy of docket sheet sent to plaintiff via US Mail.) (Lopez, R.) |
| Motion Referred to US Magistrate Judge Robert B. Jones, Jr. regarding #11 MOTION. (Lopez, R.) |
| Filing 29 Letter regarding case opening sent to plaintiff via US Mail. (Lopez, R.) |
| Filing 28 Case transferred in from District of Pennsylvania Middle. Case Number 1:20-cv-01931. transfer order and docket sheet obtained from transferring district. |
| Chief Judge Richard E. Myers II added. (Lopez, R.) |
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Filing 27
ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS HEREBY ORDERED that Magistrate Judge Susan E. Schwabs Report and Recommendation (Doc. #25 ) is ADOPTED; The Clerk of Court is directed to TRANSFER this complaint to the United States District Court for the Eastern District of North Carolina ; A ruling on Cruzs pending motion to proceed in forma pauperis (Doc. #22 ) is DEFERRED to the transferee court; and The Clerk of Court is directed to CLOSE this case. Signed by Chief Judge Matthew W. Brann on 7/20/2023. (nr) [Transferred from Pennsylvania Middle on 7/21/2023.]
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| Filing 26 Mail Returned as Undeliverable. Docs. #24 and #25 returned, envelope states "Return to sender, refused, unable to forward". Documents resent to Cruz at SCI Phoenix. (Per DOC inmate locator, Cruz is now located at SCI Phoenix, address updated on docket) (ea) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 25 REPORT AND RECOMMENDATIONS: It is recommended that the court transfer this case to the ED of NC for all further proceedings including the mtn for ifp. Objections to R&R due by 6/2/2023 Signed by Magistrate Judge Susan E. Schwab on 5/16/23. (ma) [Transferred from Pennsylvania Middle on 7/21/2023.] |
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Filing 24
ORDER Granting petr's mtn to reopen the case #21 . Signed by Magistrate Judge Susan E. Schwab on 5/16/23. (ma) [Transferred from Pennsylvania Middle on 7/21/2023.]
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| ***Case Reopened (ma) [Transferred from Pennsylvania Middle on 7/21/2023.] |
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VERBAL ORDER BY CHIEF JUDGE MATTHEW W. BRANN REFERRING CASE to Magistrate Judge Susan E. Schwab. (cd) [Transferred from Pennsylvania Middle on 7/21/2023.]
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| Filing 23 CERTIFIED Prisoner Trust Fund Account Statement by Abraham Cruz. (ea) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 22 (CERTIFIED) MOTION for Leave to Proceed in forma pauperis by Abraham Cruz.(ga) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 21 MOTION to Reopen Case by Abraham Cruz. (ea) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 20 Letter to Court from Cruz. (Attachments: #1 Certified Motion to Proceedf IFP, #2 Certified Prisoner Account Statement) (lg) [Transferred from Pennsylvania Middle on 7/21/2023.] |
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Filing 19
ORDER - IT IS HEREBY ORDERED that #18 Cruz's Motion to reopen is denied. Signed by Chief Judge Matthew W. Brann on 8/11/2021. (lg) [Transferred from Pennsylvania Middle on 7/21/2023.]
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| Remark: 8/11/2021 Order mailed to Cruz at SCI Dallas. (lg) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 18 MOTION of Conjunctiseness of All Cases and Motions to be read before decisions on Tour Cajole by Abraham Cruz.(ga) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 17 Application To Proceed In Forma Pauperis. (ga) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 16 STATUS REPORT by Abraham Cruz, Jr.. (ep) [Transferred from Pennsylvania Middle on 7/21/2023.] |
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Filing 15
ORDER - IT IS HEREBY ORDERED that #13 Motion to Reopen Case and #14 Motion to Appoint Counsel are denied. Signed by Honorable Matthew W. Brann on 3/18/2021. (lg) [Transferred from Pennsylvania Middle on 7/21/2023.]
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| Remark: 3/18/2021 Order mailed to Cruz at SCI Dallas. (lg) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 14 MOTION to Appoint Counsel by Abraham Cruz, Jr. (lg) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 13 MOTION to Reopen Case by Abraham Cruz, Jr. (lg) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 12 Prisoner Trust Fund Account Statement submitted by Abraham Cruz, Jr. (lg) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 11 Application to Proceed IFP by Cruz (WITH CERTIFICATION). (lg) [Transferred from Pennsylvania Middle on 7/21/2023.] |
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Filing 10
ORDER DISMISSING CASE - IT IS HEREBY ORDERED that the complaint filed by Plaintiff Cruz (Doc. 1) is DISMISSED. The Clerk of Court is directed to CLOSE this case. Signed by Honorable Matthew W. Brann on 12/28/2020. (jr) [Transferred from Pennsylvania Middle on 7/21/2023.]
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| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Matthew W. Brann for all further proceedings. (jkc) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 9 Prisoner Trust Fund Account Statement(Certified) by Inmate Accounts. (ga) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 8 FIFTEEN (15) DAY ADMINISTRATIVE ORDER - Within 15 days of the date of this Order, the superintendent or warden of the institution at which Plaintiff is currently incarcerated is directed to provide certified copies of the statement of Pltf's trust fund account to this Court and to the Plaintiff. The statement should reflect all activity in that account for the six-month period immediately preceding the lodging of the complaint in this action. Order sent to Superintendent and plaintiff. Signed by LP on 11/19/2020. (lp) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 7 Letter from LP directing plaintiff to file correct IFP for civil rights matters. (Attachments: #1 IFP (civil rights)) (lp) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 6 Prisoner Trust Fund Account Statement (Not Certified) by Accounting Assistant. (ga) Modified on 11/19/2020 (ga). [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Abraham Cruz, Jr..(ga) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 4 THIRTY (30) DAY ADMINISTRATIVE ORDER directing the prisoner to pay the filing fee or file a signed Application to Proceed IFP within 30 days or case will be dismissed. Signed by LP on 10/21/2020. (Attachments: #1 IFP (civil rights))(lp) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 3 PRO SE LETTER ISSUED w/ Notice & Consent Form. (Attachments: #1 Notice of Consent, #2 Instruction Sheet, #3 Federal & Local Rules, #4 398 Form) (lp) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 2 AO 398 and AO 399 Waiver of Service Forms Completed by Plaintiff. (lp) [Transferred from Pennsylvania Middle on 7/21/2023.] |
| Filing 1 COMPLAINT against Jane Doe, John Doe, John Doe, John/Jane Doe(s), Federal Butner Mental Health Hospital lodged as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Abraham Cruz, Jr..(lp) [Transferred from Pennsylvania Middle on 7/21/2023.] |
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