COLEY v. DURHAM VA MEDICAL CENTER
| JOHN THOMAS COLEY |
| DURHAM VA MEDICAL CENTER |
| 1:2021cv00511 |
| June 22, 2021 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| L PATRICK AULD |
| WILLIAM L OSTEEN |
| P.I.: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Document Text |
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| Filing 18 SUPPLEMENT re #5 MOTION for Leave to Proceed in forma pauperis by Plaintiff JOHN THOMAS COLEY. (Attachments: #1 Envelope - Front and Back) (Sheets, Jamie) |
| TEXT ORDER withdrawing the Text Recommendation dated 06/23/2021 (in light of Pledger v. Lynch, ___ F.3d ___ (4th Cir. 2021)), re-instating #5 Application to Proceed in District Court without Prepaying Fees or Costs, and requiring Plaintiff to file (on or before 08/13/2021) a supplement (signed under oath or subject to perjury penalties) to #5 Application explaining how Plaintiff meets his basic needs (such as for shelter) and whether he receives regular support from family or friends. In #5 Application, Plaintiff reported only a small amount of government food assistance and reported no "Gifts" or "Other" sources of support, as well as no expenses for necessities such as shelter. If Plaintiff lacks a regular means of meeting his basic needs (other than the small amount of government food assistance), effectively lives a homeless existence, and receives no other regular support (such as from family or friends), he may simply so state; however, if others provide him with regular support, he must disclose that information and explain why those persons cannot provide him with the funds to pay the expenses that pauper status otherwise would cover. Failure by Plaintiff to comply with this Text Order will result in the denial of #5 Application. Issued by MAG/JUDGE L. PATRICK AULD on 07/22/2021. (AULD, L.) |
| TEXT ORDER treating #17 Notice of Appeal as a request for an extension of time to file objections to the Text Recommendation dated 06/23/2021 and extending that objection deadline to 08/09/2021. Issued by MAG/JUDGE L. PATRICK AULD on 07/19/2021. (AULD, L.) |
| Case Reassigned to JUDGE WILLIAM L. OSTEEN, JR. UNASSIGNED no longer assigned to the case. (Marsh, Keah) |
| Motion Referred re: #17 MOTION for Extension of Time to File Objections to Text Recommendation, to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) |
| Filing 17 MOTION by JOHN THOMAS COLEY for Extension of Time to respond to the Text Recommendation entitled "Notice of Appeal". (Attachments: #1 Envelope - Front and Back) (Daniel, J) |
| Filing 16 Notice of Mailing Recommendation: Objections to R&R due by 7/7/2021. Objections to R&R for Pro Se due by 7/12/2021. (Sheets, Jamie) |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE L. PATRICK AULD. (Sheets, Jamie) |
| CASE REFERRED to Standing Order 30. (Sheets, Jamie) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #5 MOTION for Leave to Proceed in forma pauperis. (Sheets, Jamie) |
| *Withdrawn* TEXT RECOMMENDATION that the Court dismiss this action under 28 U.S.C. s 1915(e)(2)(B). Via #1 Complaint, Plaintiff proposes to bring an action against Defendant Durham VA Medical Center for damages allegedly caused by medical treatment. Such claims against an agency of the United States (such as the Veterans Administration, which operates the Durham VA Medical Center) may proceed only under the Federal Tort Claims Act (and its limited waiver of sovereign immunity) and (pursuant to the terms of that Act) only to the extent consistent with state law that otherwise would govern such tort claims. See Littlepaige v. United States, 528 F. App'x 289, 292 (4th Cir. 2013). North Carolina law (which, based on the allegations in #1 Complaint as to where the medical treatment at issue occurred, would govern this action if not brought against an agency of the United States), in turn, imposes on claims for negligent medical treatment "a distinct requirement of expert certification." Id. (internal quotation marks and emphasis omitted) (discussing N.C. Gen. Stat. s 1A-1, Rule 9(j)). Because #1 Complaint does not include the required expert certification and does not allege facts that would satisfy the res ipso loquitur exception to that requirement, the Court must dismiss this action. See id. at 293-96. Issued by MAG/JUDGE L. PATRICK AULD on 06/23/2021. (AULD, L.) Modified on 7/23/2021 to reflect withdrawn per 7/22/2021 Text order. (Daniel, J) |
| TEXT ORDER terminating #5 Application to Proceed in District Court without Prepaying Fees or Costs, in light of the Text Recommendation of dismissal issued this day. Issued by MAG/JUDGE L. PATRICK AULD on 06/23/2021. (AULD, L.) |
| Filing 15 Case transferred in from District of North Carolina Eastern; Case Number 5:20-cv-00631. Original file certified copy of transfer order and docket sheet received. |
Filing 14
ORDER adopting Report and Recommendations regarding #12 Memorandum and Recommendations. The court hereby ADOPTS the recommendation of the magistrate judge as its own. For the reasons stated therein, the court DIRECTS the clerk of court to TRANSFER this action to the United States District Court for the Middle District of North Carolina. The court has not conducted any frivolity review and has not ruled on any pending motions. The United States District Court for the Middle District of North Carolina is better positioned to address those issues. Signed by District Judge Louise Wood Flanagan on 6/21/2021. (A copy of this Order was sent via US mail to John T. Coley, 2128 Angier Avenue, Durham, NC 27703.) (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.]
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| Case transferred to Middle District of North Carolina. File transmitted electronically. (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Filing 13 PLAINTIFF'S RESPONSE #12 Memorandum and Recommendations by John T. Coley. (Attachments: #1 Envelope) (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #12 MEMORANDUM AND RECOMMENDATIONS regarding #5 MOTION for Leave to Proceed in forma pauperis filed by John T. Coley. (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Filing 12 MEMORANDUM AND RECOMMENDATIONS regarding #5 MOTION for Leave to Proceed in forma pauperis filed by John T. Coley. Objections to Memorandum and Recommendations due by 6/21/2021. Signed by Magistrate Judge Brian S. Meyers on 6/7/2021. (A copy of this M&R was sent via US mail to John T. Coley, 2128 Angier Avenue, Durham, NC 27703.) (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Filing 11 Notice Proposed Summons US Attorney General filed by John T. Coley. (Attachments: #1 Proposed Summons US Attorney) (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Filing 10 Financial Disclosure Statement filed by John T. Coley. (Attachments: #1 Envelope) (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Filing 9 Letter from S. Collins, Deputy Clerk to John T. Coley regarding incomplete financial disclosure statement and missing civil summons forms as it relates to government agency. (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Motion Referred to US Magistrate Judge Brian S. Meyers regarding #5 MOTION for Leave to Proceed in forma pauperis. (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Filing 8 Letter from Deputy Clerk returning partial payment. (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Filing 7 **CORRECTED AND REFILED AT #10 ** Financial Disclosure Statement Incomplete filed by John T. Coley. (Collins, S.) Modified on 1/8/2021 (Collins, S.). [Transferred from North Carolina Eastern on 6/22/2021.] |
| Filing 6 Notice of Self-Representation filed by John T. Coley (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by John T. Coley. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Copy of Order at DE4, #4 Envelope) (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.] |
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Filing 4
ORDER OF DEFICIENCY - 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 Louise Wood Flanagan on 12/1/2020. (A copy of this Order and blank forms were sent via US mail to John T. Coley, 2128 Angier Avenue, Durham, NC 27703.) (Collins, S.) [Transferred from North Carolina Eastern on 6/22/2021.]
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| NOTICE OF DEFICIENCY regarding #1 Complaint. A party who is proceeding without an attorney shall file a notice of self representation pursuant to Local Civil Rule 5.2(b). (Rudd, D.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to John T. Coley. 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.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Filing 3 Letter from Clerk's Office regarding returning $50.00 money order. (Rudd, D.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Filing 2 PROPOSED SEALED Medical Records filed by John T. Coley regarding #1 Complaint. (Rudd, D.) [Transferred from North Carolina Eastern on 6/22/2021.] |
| Filing 1 COMPLAINT against Durham VA Medical Center (Filing fee Returned for underpayment), filed by John T. Coley. (Attachments: #1 Cover letter, #2 Envelope) (Rudd, D.) [Transferred from North Carolina Eastern on 6/22/2021.] |
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