LOBACZ v. THE UNITED STATES OF AMERICA, et al.
| Frank M Lobacz and FRANK M. LOBACZ |
| THE UNITED STATES OF AMERICA and Bureau of Prisons (BOP) Medical and Other Staff John Does 1-10 |
| 1:2019cv00497 |
| May 13, 2019 |
| US District Court for the Middle District of North Carolina |
| N C TILLEY |
| JOE L WEBSTER |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on July 1, 2019. A more recent docket listing may be available from PACER.
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| 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) |
| Filing 35 Roseboro Letter as to Plaintiff FRANK M. LOBACZ. Re: #33 MOTION to Dismiss by THE UNITED STATES OF AMERICA. (Taylor, Abby) |
| 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) |
| Filing 33 MOTION to Dismiss by THE UNITED STATES OF AMERICA. Response to Motion due by 7/5/2019 (BAKER, STEVEN) |
| 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) |
| 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) |
| Set Answer Deadline: THE UNITED STATES OF AMERICA answer due 6/18/2019. (Taylor, Abby) |
| 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) |
| Case assigned to JUDGE N. C. TILLEY, JR and MAGISTRATE JUDGE JOE L. WEBSTER. (Coyne, Michelle) |
| 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. |
| 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.] |
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.]
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| Case transferred to District of Middle District of North Carolina electronically per DE#29 (mee) [Transferred from Florida Southern on 5/13/2019.] |
| 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.] |
| Filing 28 AFFIRMATION by Frank M Lobacz (mc) [Transferred from Florida Southern on 5/13/2019.] |
| 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.] |
| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
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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.]
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| 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.] |
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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.]
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| 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.] |
| 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.] |
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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.]
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| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| 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.] |
| Filing 8 Summons Issued as to Florida Bureau of Prisons. (drz) [Transferred from Florida Southern on 5/13/2019.] |
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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.]
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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.]
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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.]
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| Filing 4 Summons Issued as to The United States of America (cbr) [Transferred from Florida Southern on 5/13/2019.] |
| 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.] |
| 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.] |
| 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.] |
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