Gosnell v. Loomis
| Michael James Gosnell |
| Ralph Charles Loomis |
| 1:2019cv00355 |
| December 20, 2019 |
| US District Court for the Western District of North Carolina |
| Max O Cogburn |
| David Keesler |
| W Carleton Metcalf |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1402 Medical Malpractice |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 14 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 03/24/2020. Signed by Clerk, Frank G. Johns. (Pro se litigant served by US Mail.)(ni) |
Filing 13
ORDER: 1) granting Plaintiff's #2 Motion for Leave to Proceed in forma pauperis; 2) granting Defendant's #3 Motion to Dismiss Case as Frivolous and this case is DISMISSED with prejudice as frivolous; and 3) granting Defendant's #5 Motion for Sanctions in accordance with the terms of this Order. Court will enter a PREFILING INJUNCTION against Plaintiff in this Court. Before filing any further litigation against Defendant, Plaintiff must first seek written permission from court to do so. See order for details. Signed by District Judge Max O. Cogburn, Jr on 03/24/2020. (Pro se litigant served by US Mail.) (ni)
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| Minute Entry: MOTION HEARING held before District Judge Max O. Cogburn, Jr. on on 3/9/2020 re: #3 Motion to Dismiss Case as Frivolous and #5 Motion for Sanctions. The Court made rulings on the record. Written order to issue. Plaintiff: Michael James Gosnell, pro se plaintiff. Defense attorney: Allan Ray Tarleton and Nevin Wisnoski. Court reporter: Beverly James (Contract Reporter - bevreporter@comcast.net). (maf) |
| Minute Entry and Order. MINUTES: MOTION HEARING held before District Judge Max O. Cogburn, Jr. on 2/13/2020 re: #3 Motion to Dismiss Case as Frivolous and #5 Motion for Sanctions. Plaintiff moves to continue the present hearing. ORAL ORDER: The Court GRANTED plaintiff's oral motion to continue. The Court will hear the defense Motions on 3/9/2020 at 9:30 a.m. in Courtroom (TBD), 100 Otis St, Asheville, NC 28801. Plaintiff advised that witnesses will not be allowed to testify on his behalf at the continued hearing. Appearances: Michael James Gosnell, pro se plaintiff. Defense attorneys: Allan Ray Tarleton and Nevin Wisnoski. Court reporter: Tracy Dunlap (828-771-7217). (maf) |
| Filing 12 Response by Michael James Gosnell. (Attachments: #1 Cover Sheet)(reh) |
| Filing 11 NOTICE of Appearance by Nevin Wisnoski on behalf of Ralph Charles Loomis (Wisnoski, Nevin) |
| AMENDED NOTICE of Hearing: The Court will hear the #3 Motion to Dismiss Case as Frivolous and #5 Motion for Sanctions on 2/13/2020 at 11:30 a.m. in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document. (maf) |
| NOTICE of Hearing on Motions re: #2 Motion to Proceed in forma pauperis, #3 Motion to Dismiss Case as Frivolous, and #5 Motion for Sanctions: Motion Hearing set for 2/13/2020 at 11:30 a.m. in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document. (maf) |
| Filing 10 REPLY to Response to Motion re #5 MOTION for Sanctions by Ralph Charles Loomis. (Tarleton, Allan) |
| Filing 9 Response/Motion to Amend a Pleading by Ralph Charles Loomis. (Attachments: #1 Envelope) (ni) |
| Filing 8 RESPONSE to Motion re: #3 MOTION to Dismiss Case as Frivolous / Motion to Amend Pleading by Michael James Gosnell. Replies due by 1/31/2020. (Attachments: #1 Cover Letter, #2 Proposed Summons) (ni) |
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Filing 7
ORDER directing Plaintiff to respond to pending re: #3 MOTION to Dismiss Case as Frivolous within 14 days of service of this Order. Failure to file a timely response will likely lead to the dismissal of this lawsuit. Responses due by 1/27/2020. Signed by District Judge Max O. Cogburn, Jr on 01/13/2020. (Pro se litigant served by US Mail.)(ni)
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| Filing 6 MEMORANDUM in Support re #5 MOTION for Sanctions by Ralph Charles Loomis. (Attachments: #1 Exhibit)(Tarleton, Allan) |
| Filing 5 MOTION for Sanctions by Ralph Charles Loomis. Responses due by 1/24/2020 (Tarleton, Allan). Motions referred to W. Carleton Metcalf. |
| Filing 4 MEMORANDUM in Support re #3 MOTION to Dismiss Case as Frivolous by Ralph Charles Loomis. (Tarleton, Allan) |
| Filing 3 MOTION to Dismiss Case as Frivolous by Ralph Charles Loomis. Responses due by 1/24/2020 (Tarleton, Allan) |
| Case reassigned to Magistrate Judge David Keesler. Magistrate Judge W. Carleton Metcalf no longer assigned to the case due to conflict. Motions referred to David Keesler: #5 MOTION for Sanctions This is your only notice - you will not receive a separate document. (ni) |
| Filing 2 MOTION (Sealed - Participants) to Proceed in forma pauperis by Michael James Gosnell. (ni) Modified text on 1/7/2020 (ni). |
| Filing 1 COMPLAINT against Ralph Charles Loomis, filed by Michael James Gosnell. (Attachments: #1 Cover Sheet, #2 Cover Letter)(ni) Modified on 1/3/2020 (rth). |
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| Defendant: Ralph Charles Loomis | |
| Represented By: | Allan Ray Tarleton |
| Represented By: | Nevin Wisnoski |
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| Plaintiff: Michael James Gosnell | |
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