Brown et al v. United States et al
| Carissa Brown and Henry Brown |
| Maria Kathleen Vento, David S. Cayer, Benjamin Bain-Creed, Max O. Cogburn, Jr., David Keesler, Dena Janae King, R. Andrew Murray, Nicolas Dohy, Angela Smith and United States |
| 3:2022cv00617 |
| November 10, 2022 |
| US District Court for the Western District of North Carolina |
| Kenneth D Bell |
| David Keesler |
| W Carleton Metcalf |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 52 Unpublished Opinion from Fourth Circuit Court of Appeals as to #48 Notice of Appeal [23-6508]. 4th Circuit decision - Affirmed. (Attachments: #1 USCA Judgment)(nvc) |
Filing 51
ORDER of USCA as to #48 Notice of Appeal: The court grants leave to proceed in forma pauperis. [23-6508] (ejb)
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| Filing 50 USCA Case Number 23-6508 for #48 Notice of Appeal, USCA Case Manager: Rachel Phillips. (nvc) |
| Original Assembled Electronic Record Transmitted to Fourth Circuit re: #48 Notice of Appeal [23-6508]. (nvc) |
| Filing 49 Transmission of Notice of Appeal to US Court of Appeals re #48 Notice of Appeal, (tlj) |
| Filing 48 Pro Se NOTICE OF APPEAL as to #47 Clerk's Judgment, #46 Order on Motion to Dismiss, Order on Motion for Miscellaneous Relief, Order on Motion for Summary Judgment, Order on Memorandum and Recommendations by Carissa Brown, Henry Brown. (IFP) (tlj) |
| Filing 47 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 5/19/2023. Signed by Clerk, Frank G. Johns. (Pro se litigant served by US Mail.)(mek) |
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Filing 46
ORDER adopting the Magistrate Judge's #41 Memorandum and Recommendations; granting Defendants' #17 and #21 Motions to Dismiss; denying Plaintiffs' #32 Motion to Deem Allegations Admitted and #37 Motion for Summary Judgment; overruling Plaintiffs' #43 Objections to the M&R; and denying Plaintiffs' #44 request to file an Amended Complaint. The Clerk is directed to close this matter in accordance with this Order. Signed by District Judge Kenneth D. Bell on 5/19/2023. (Pro se litigant served by US Mail.)(mek)
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| Filing 45 REPLY to Objection to #41 Memorandum and Recommendations by Benjamin Bain-Creed, David S. Cayer, Max O. Cogburn, Jr, Nicolas Dohy, David Keesler, Dena Janae King, R. Andrew Murray, Angela Smith, United States, Maria Kathleen Vento. (Beck, Gill) |
| Filing 44 Pro Se AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Henry Brown, Carissa Brown.(tlj) |
| Filing 43 Pro Se OBJECTION to #41 Memorandum and Recommendations by Carissa Brown, Henry Brown. Replies due by 5/30/2023 (tlj) |
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Filing 42
ORDER that Defendants' #35 Joint Motion for Protective Order is GRANTED, and Ms. Brown is directed not to propound any additional discovery, pending further Order of the Court. (See Order for further details.) Signed by US Magistrate Judge W. Carleton Metcalf on 5/2/2023. (Pro se litigant served by US Mail.) (ejb)
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| Filing 41 MEMORANDUM AND RECOMMENDATIONS on #17 MOTION to Dismiss filed by Nicolas Dohy, Maria Kathleen Vento, R. Andrew Murray, Dena Janae King, Benjamin Bain-Creed, and #21 MOTION to Dismiss filed by David S. Cayer, Max O. Cogburn, Jr., Angela Smith, David Keesler; #32 MOTION To Deem Allegations Admitted filed by Henry Brown, Carissa Brown; and #37 MOTION for Summary Judgment filed by Henry Brown, Carissa Brown. Objections to M&R due by 5/16/2023. Signed by US Magistrate Judge W. Carleton Metcalf on 5/2/2023. (Pro se litigant served by US Mail.)(ejb) |
| Motion referred to W. Carleton Metcalf: Plaintiff's #37 MOTION for Summary Judgment (mek) |
| Filing 40 NOTICE of Intent not to File Response to Plaintiffs' Opposition to Defendants' Joint Motion for Protective Order by Benjamin Bain-Creed, David S. Cayer, Max O. Cogburn, Jr, Nicolas Dohy, David Keesler, Dena Janae King, R. Andrew Murray, Angela Smith, United States, Maria Kathleen Vento re #39 Response to Motion (Beck, Gill) |
| Filing 39 Pro Se RESPONSE to Motion re #35 Joint MOTION for Protective Order by Carissa Brown, Henry Brown. Replies due by 4/24/2023 (cjs) |
| Filing 38 RESPONSE in Opposition re #37 MOTION for Summary Judgment by Benjamin Bain-Creed, David S. Cayer, Max O. Cogburn, Jr, Nicolas Dohy, David Keesler, Dena Janae King, R. Andrew Murray, Angela Smith, United States, Maria Kathleen Vento. Replies due by 4/24/2023 (Beck, Gill) |
| Filing 37 Pro Se MOTION for Summary Judgment by Carissa Brown, Henry Brown. Responses due by 4/25/2023 (Attachments: #1 Affidavit) (cjs) Modified on 5/1/2023 to refer to Magistrate Judge W. Carleton Metcalf (mek). |
| Filing 36 MEMORANDUM in Support re #35 Joint MOTION for Protective Order by Benjamin Bain-Creed, David S. Cayer, Max O. Cogburn, Jr, Nicolas Dohy, David Keesler, Dena Janae King, R. Andrew Murray, Angela Smith, United States, Maria Kathleen Vento. (Attachments: #1 Exhibit A)(Beck, Gill) |
| Filing 35 Joint MOTION for Protective Order by Benjamin Bain-Creed, David S. Cayer, Max O. Cogburn, Jr, Nicolas Dohy, David Keesler, Dena Janae King, R. Andrew Murray, Angela Smith, United States, Maria Kathleen Vento. Responses due by 4/17/2023 (Beck, Gill). Motions referred to W. Carleton Metcalf. |
| Filing 34 RESPONSE in Opposition re #32 MOTION To Deem Allegations Admitted by David S. Cayer, Max O. Cogburn, Jr, David Keesler, Angela Smith. Replies due by 3/21/2023 (Klauer, Lynne) |
| Filing 33 RESPONSE in Opposition re #32 MOTION To Deem Allegations Admitted by Benjamin Bain-Creed, Nicolas Dohy, Dena Janae King, R. Andrew Murray, United States, Maria Kathleen Vento. Replies due by 3/21/2023 (Beck, Gill) |
| Filing 32 Pro Se MOTION To Deem Allegations Admitted by Carissa Brown, Henry Brown. Responses due by 3/28/2023 (Attachments: #1 Memorandum) (cjs). Motions referred to W. Carleton Metcalf. |
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Filing 31
ORDER that because Plaintiff has, as Defendants indicate, failed to state any legal basis for the relief sought, the #28 "Motion to Show Authority" is DENIED. Signed by Magistrate Judge W. Carleton Metcalf on 2/24/2023. (Pro se litigant served by US Mail.) (ejb)
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| Filing 30 RESPONSE to Motion re #28 MOTION to Show Authority by David S. Cayer, Max O. Cogburn, Jr, David Keesler, Angela Smith. Replies due by 3/3/2023 (Klauer, Lynne) |
| Filing 29 RESPONSE to Motion re #28 MOTION to Show Authority by Benjamin Bain-Creed, Nicolas Dohy, Dena Janae King, R. Andrew Murray, United States, Maria Kathleen Vento. Replies due by 3/2/2023 (Beck, Gill) |
| Filing 28 Pro Se MOTION to Show Authority by Carissa Brown, Henry Brown. Responses due by 3/9/2023 (Attachments: #1 Memorandum in Support, #2 Proposed Order) (tlj). Motions referred to W. Carleton Metcalf. |
| Filing 27 NOTICE of Intent Not to File Reply Brief by David S. Cayer, Max O. Cogburn, Jr, David Keesler, Angela Smith re #25 Response to Motion (Klauer, Lynne) |
| Filing 26 NOTICE of Intent Not to File Reply Brief by Benjamin Bain-Creed, Nicolas Dohy, Dena Janae King, R. Andrew Murray, United States, Maria Kathleen Vento re #24 Response to Motion (Beck, Gill) |
| Filing 25 Pro Se RESPONSE to Motion re #21 MOTION to Dismiss by Carissa Brown, Henry Brown. Replies due by 2/28/2023 (Attachments: #1 Cover Letter)(tlj) |
| Filing 24 Pro Se RESPONSE to Motion re #17 MOTION to Dismiss by Carissa Brown, Henry Brown. Replies due by 2/28/2023 (Attachments: #1 Cover Letter)(tlj) |
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Filing 23
ROSEBORO ORDER Setting Response Deadline re: #21 MOTION to Dismiss. The Court ADVISES Plaintiff, who appears pro se in this matter, that certain defendants have filed a Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure by which they ask the Court to dismiss Plaintiff's Complaint. Plaintiff is further advised that if she does not submit a response to the Motion by February 27, 2023, the Court may proceed to consider the Motion to Dismiss without hearing from her. Signed by Magistrate Judge W. Carleton Metcalf on 2/14/2023. (Pro se litigant served by US Mail.)(kby)
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| Filing 22 MEMORANDUM in Support re #21 MOTION to Dismiss by David S. Cayer, Max O. Cogburn, Jr, David Keesler, Angela Smith. (Klauer, Lynne) |
| Filing 21 MOTION to Dismiss by David S. Cayer, Max O. Cogburn, Jr, David Keesler, Angela Smith. Responses due by 2/27/2023 (Klauer, Lynne). Motions referred to W. Carleton Metcalf. |
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Filing 20
ROSEBORO ORDER Setting Response Deadline re: #17 MOTION to Dismiss . Responses due by 2/21/2023. Signed by Magistrate Judge W. Carleton Metcalf on 2/8/2023. (Pro se litigant served by US Mail.)(brl)
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Filing 19
ORDER granting #14 Motion to Exempt Case from Standing Order Requiring an Initial Settlement Conference. Signed by Magistrate Judge W. Carleton Metcalf on 2/8/2023. (Pro se litigant served by US Mail.)(brl)
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| Filing 18 MEMORANDUM in Support re #17 MOTION to Dismiss by Benjamin Bain-Creed, Nicolas Dohy, Dena Janae King, R. Andrew Murray, Maria Kathleen Vento. (Beck, Gill) |
| Filing 17 MOTION to Dismiss by Benjamin Bain-Creed, Nicolas Dohy, Dena Janae King, R. Andrew Murray, Maria Kathleen Vento. Responses due by 2/21/2023 (Beck, Gill). Motions referred to W. Carleton Metcalf. |
| Filing 16 NOTICE of Substitution by Benjamin Bain-Creed, Nicolas Dohy, Dena Janae King, R. Andrew Murray, Maria Kathleen Vento (Attachments: #1 Exhibit A)(Beck, Gill) |
| Filing 15 MEMORANDUM in Support re #14 MOTION to Exempt Case from Standing Order Requiring an Initial Settlement Conference by Benjamin Bain-Creed, Nicolas Dohy, Dena Janae King, R. Andrew Murray, Maria Kathleen Vento. (Beck, Gill) |
| Filing 14 MOTION to Exempt Case from Standing Order Requiring an Initial Settlement Conference by Benjamin Bain-Creed, Nicolas Dohy, Dena Janae King, R. Andrew Murray, Maria Kathleen Vento. Responses due by 2/21/2023 (Beck, Gill). Motions referred to W. Carleton Metcalf. |
| Filing 13 Pro Se Amended CONSENT/Declination to Jurisdiction by US Magistrate Judge filed by Plaintiff. (Attachments: #1 Cover Letter)(tlj) |
| Filing 12 Pro Se CERTIFICATE OF SERVICE by Carissa Brown (Attachments: #1 Cover Letter)(cjs) |
| Filing 11 Pro Se CONSENT/Declination to Jurisdiction by US Magistrate Judge filed by Plaintiff. (Attachments: #1 Envelope)(tlj) (Additional attachment(s) added on 1/20/2023: #2 Signed Signature Page) (tlj). |
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Filing 10
ORDER that Defendants' #8 Motion for Extension of Time is GRANTED and the deadline for Defendants to file an answer or otherwise respond to Plaintiff's Complaint is EXTENDED through and including February 13, 2023. Signed by Magistrate Judge W. Carleton Metcalf on 1/9/2023. (Pro se litigant served by US Mail.)(kby)
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| Filing 9 RESPONSE to Motion re #7 MOTION for Entry of Default by Benjamin Bain-Creed, David S. Cayer, Max O. Cogburn, Jr, Nicolas Dohy, David Keesler, Dena Janae King, R. Andrew Murray, Angela Smith, Maria Kathleen Vento. Replies due by 1/17/2023 (Beck, Gill) |
| Case reassigned to Magistrate Judge W. Carleton Metcalf. Magistrate Judge David Keesler no longer assigned to the case due to conflict. Motions referred to W. Carleton Metcalf: #8 MOTION for Extension of Time to Answer re: #1 Complaint, This is your only notice - you will not receive a separate document.(thh) |
| Filing 8 MOTION for Extension of Time to Answer re: #1 Complaint, by Benjamin Bain-Creed, David S. Cayer, Max O. Cogburn, Jr, Nicolas Dohy, David Keesler, Dena Janae King, R. Andrew Murray, Angela Smith, Maria Kathleen Vento. (Beck, Gill). Motions referred to David Keesler. |
| Filing 7 Pro Se MOTION for Entry of Default by Carissa Brown. (Attachments: #1 Affidavit in Support, #2 Proposed Order, #3 Certificate of Service, #4 Envelope) (tlj) |
| Filing 6 Mail (Certified mail Receipt showing proof of service of Judge Keesler) addressed to Carrisa Brown returned as undeliverable. (ef) |
| Filing 5 Pro Se NOTICE of Signed Signature Page by Carissa Brown re #1 Complaint, (Attachments: #1 Envelope)(tlj) |
| Filing 4 Pro Se CERTIFICATE OF SERVICE by Henry Brown (Attachments: #1 Cover Letter)(cjs) |
| Filing 3 Mail (deficiency letter re missing signature) addressed to Carissa Eugenia Brown, Mecklenburg County Jail, P. O. Box 34429, Charlotte, NC 28234 returned as undeliverable. (kab) |
| Filing 2 Summons Issued Conventionally as to All Defendants. (tlj) |
| Filing 1 Pro Se COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number 472), filed by Henry Brown, Carissa Brown. (Attachments: #1 Cover Sheet, #2 Proposed Order, #3 Verified Statement, #4 Verified Statement Proposed Order)(tlj) (Additional attachment(s) added on 12/15/2022: #5 Signed Signature Page) (cjs). |
| Clerk's Entry and Service of #Standing Order Requiring an Initial Settlement Conference in Civil Cases assigned to the Honorable Kenneth D. Bell (5:19-mc-5 (Doc. No. 1)). The order was served conventionally. The filing party is directed to serve a copy of the Order with service. (tlj) |
| Clerk's Entry and Service of #Case Assignment Packet. The document was served conventionally at case filing (tlj) |
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