Przybylski v. State of North Dakota et al
| Daniel Paul Przybylski |
| State of North Dakota, U.S. Border Patrol, County of Grand Forks, Sarah W. Gereszek, Jail, Sheriff, Lolita G. Hartl Romanick, Donald Hager, police, John Thelen, Haley Wamstad, Alice R. Senechal, Jason McCarthy, Margo Kern, Vanessa Richter, Wayne Stenehjem, Jay Knudson, Michael Prichard, States Attorney, Andrew Schneider, US Attorney Office, Sean F. Marrin, Office of Assistant Attorney General Civil Division at U.S. Department of Justice, Debbie Nelson, Bret Burkholder, Eye Doctor, The and Registered Agent Corporation Service Company North Dakota |
| 3:2019cv00241 |
| November 4, 2019 |
| US District Court for the District of North Dakota |
| Clare R Hochhalter |
| Alice R Senechal |
| Peter D Welte |
| Constitutional - State Statute |
| 28 U.S.C. § 1343 |
| None |
Docket Report
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| Document Text |
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| Filing 43 AFFIDAVIT of Truth and Fact by Daniel Paul Przybylski. (Attachments: #1 Mailing Envelope)(pb) |
| Filing 42 SUMMONS Returned Executed as to Margo Kern served on 12/10/2019, answer due 2/10/2020; Office of Assistant Attorney General Civil Division at U.S. Department of Justice served on 12/16/2019, answer due 2/14/2020; Alice R. Senechal served on 12/11/2019, answer due 2/10/2020. (as) |
| Filing 41 SUMMONS Returned Executed by Daniel Paul Przybylski. Bret Burkholder served on 12/10/2019, answer due 12/31/2019; Jay Knudson served on 12/10/2019, answer due 12/31/2019; Sean F. Marrin served on 12/10/2019, answer due 12/31/2019; Jason McCarthy served on 12/10/2019, answer due 12/31/2019; Debbie Nelson served on 12/10/2019, answer due 12/31/2019; Michael Prichard served on 12/10/2019, answer due 12/31/2019; Registered Agent Corporation Service Company North Dakota served on 12/13/2019, answer due 1/3/2020; Vanessa Richter served on 12/10/2019, answer due 12/31/2019; Andrew Schneider served on 12/10/2019, answer due 12/31/2019; Wayne Stenehjem served on 12/12/2019, answer due 1/2/2020; John Thelen served on 12/10/2019, answer due 12/31/2019; Haley Wamstad served on 12/10/2019, answer due 12/31/2019 (as) |
| Filing 40 NOTICE of Fraud Committed on the Court by Daniel Paul Przybylski (as) |
| Filing 39 RESPONSE to Motion re #29 MOTION to Dismiss for Failure to State a Claim Amended Complaint, 28 MOTION for Judgment on the Pleadings, #37 MOTION to Dismiss , #26 MOTION to Dismiss for Failure to State a Claim or In the Alternative Judgment on the Pleadings, #13 MOTION to Dismiss for Failure to State a Claim , #31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Daniel Paul Przybylski. (as) |
| Filing 38 MEMORANDUM in Support re #37 MOTION to Dismiss filed by Sean F. Marrin. (Antonson, Katherine) |
| Filing 37 MOTION to Dismiss by Sean F. Marrin. (Antonson, Katherine) |
| Filing 35 MOTION to Amend/Correct #15 Amended Complaint to add parties Clare R. Hochhalter and Peter D. Welte by Daniel Paul Przybylski. (no proposed amended complaint submitted) (as) |
| Filing 34 MOTION to Disqualify Judge by Daniel Paul Przybylski. (as) |
| Filing 33 RESPONSE to Motion re #29 MOTION to Dismiss for Failure to State a Claim Amended Complaint, 28 MOTION for Judgment on the Pleadings, #26 MOTION to Dismiss for Failure to State a Claim or In the Alternative Judgment on the Pleadings, #31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Daniel Paul Przybylski. (Attachments: #1 Mailing Envelope)(as) |
| DOCKET CORRECTION re: #30 Memorandum in Support. Modified entry to add filer (State of North Dakota). (cjs) |
| Filing 32 MEMORANDUM in Support re #31 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Margo Kern, Office of Assistant Attorney General Civil Division at U.S. Department of Justice, Alice R. Senechal, U.S. Border Patrol, US Attorney Office. (Burkland, Melissa) |
| Filing 31 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Margo Kern, Office of Assistant Attorney General Civil Division at U.S. Department of Justice, Alice R. Senechal, U.S. Border Patrol, US Attorney Office. (Burkland, Melissa) |
| Filing 30 MEMORANDUM in Support re #29 MOTION to Dismiss for Failure to State a Claim Amended Complaint filed by Donald Hager, Lolita G. Hartl Romanick, Jay Knudson, Jason McCarthy, Wayne Stenehjem, John Thelen, State of North Dakota. (Attachments: #1 Exhibit 1 - Docket for 18-2019-CV-00465, #2 Exhibit 2 - Docket for 18-2019-CR-00508)(Fischer, Elizabeth) Modified on 12/16/2019 to add filer (State of North Dakota) (cjs). |
| Filing 29 MOTION to Dismiss for Failure to State a Claim Amended Complaint by Donald Hager, Lolita G. Hartl Romanick, Jay Knudson, Jason McCarthy, State of North Dakota, Wayne Stenehjem, John Thelen. (Fischer, Elizabeth) |
| DOCKET CORRECTION re: #26 Motion to Dismiss for Failure to State a Claim. Multiple relief document filed as one relief. Clerk's office filed Motion for Judgment on the Pleadings at 28 . Re: #27 Memorandum in Support. Clerk's office added link to 28 Motion for Judgment on the Pleadings. Clerk's office also removed terminated filers (Jail, Sheriff, police) from #26 and #27 . (rh) |
| Filing 28 MOTION for Judgment on the Pleadings by Bret Burkholder, County of Grand Forks, Sarah W. Gereszek, Debbie Nelson, Vanessa Richter, Andrew Schneider, States Attorney, Haley Wamstad. See Document #26 . (rh) |
| Filing 27 MEMORANDUM in Support re #26 MOTION to Dismiss for Failure to State a Claim, 28 Motion for Judgment on the Pleadings. filed by Bret Burkholder, County of Grand Forks, Sarah W. Gereszek, Debbie Nelson, Vanessa Richter, Andrew Schneider, States Attorney, Haley Wamstad. (Attachments: #1 Affidavit of Service by Mail upon Plaintiff Daniel Paul Przybylski, #2 Exhibit A - Jackson v. Grand Forks County Correctional Center Medical Department, #3 Exhibit B - Holmseth v. City of East Grand Forks)(Marrin, Sean) Modified on 12/10/2019 to add link to #28 and remove terminated parties (Jail, Sheriff, police). (rh) |
| Filing 26 MOTION to Dismiss for Failure to State a Claim or In the Alternative Judgment on the Pleadings by Bret Burkholder, County of Grand Forks, Sarah W. Gereszek, Debbie Nelson, Vanessa Richter, Andrew Schneider, States Attorney, Haley Wamstad. (Marrin, Sean) Modified on 12/10/2019 to remove terminated parties (Jail, Sheriff, police). (rh) |
| Filing 36 SUPPLEMENT to document: #21 Summons Returned Executed, #22 Summons Returned Executed as to USA by Daniel Paul Przybylski. (js) |
Filing 25
(Text Only) ORDER REASSIGNING CASE by Chief Judge Peter D. Welte. Magistrate Judge Clare R. Hochhalter reassigned as referral judge for all further proceedings. Distributed on 12/05/2019. (pb)
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Filing 24
ORDER OF RECUSAL by Magistrate Judge Alice R. Senechal. (AS) Distributed on 12/4/2019 (pb).
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| Filing 23 NOTICE of Mailing by Daniel Paul Przybylski. A copy of the complaint #1 and summons #2 were mailed to Haley Wamstad, Debbie Nelson, Margo Kern, Registered Agent North Dakota Inc., Jason McCarthy and Jay Knudson prior to the complaint being amended to include them as defendants. At the time of mailing, no summons had been issued as to these individuals. (Attachments: #1 Delivery and Signature Documentation - Tracking Numbers, #2 Certified Mail Receipts)(as) |
| Filing 22 SUMMONS Returned Executed as to U.S. Border Patrol (Michael Prichard and US Attorney General) served on 11/13/2019, answer due 1/13/2020. (Attachments: #1 Delivery and Signature Documentation - Tracking Numbers, #2 Certified Mail Receipts)(as) |
| Filing 21 SUMMONS Returned Executed by Daniel Paul Przybylski. Sarah W. Gereszek served on 11/6/2019, answer due 11/27/2019; Donald Hager served on 11/6/2019, answer due 11/27/2019; Lolita G. Hartl Romanick served on 11/6/2019, answer due 11/27/2019; Jail (Bret Burkholder) served on 11/13/2019, answer due 12/4/2019; Sheriff (Andrew Schneider) served on 11/6/2019, answer due 11/27/2019; State of North Dakota (Wayne Stenehjem)served on 11/12/2019, answer due 12/3/2019; police (Vanessa Richter) served on 11/8/2019, answer due 11/29/2019 (Attachments: #1 Delivery and Signature Documentation - Tracking Numbers, #2 Certified Mail Receipts, #3 Cover Letter)(as) |
| Filing 19 BRIEF (Answer to Denial) re #12 Answer to Complaint by Daniel Paul Przybylski. (as) |
| Filing 18 RESPONSE to Motion re #13 MOTION to Dismiss for Failure to State a Claim filed by Daniel Paul Przybylski. (as) |
| Filing 17 Summons Issued as to Office of Assistant Attorney General Civil Division at U.S. Department of Justice, US Attorney Office, U.S. Attorney and U.S. Attorney General (as) |
| Filing 16 Summons Issued as to Bret Burkholder, Eye Doctor, The, Margo Kern, Jay Knudson, Sean F. Marrin, Jason McCarthy, Debbie Nelson, Michael Prichard, Registered Agent Corporation Service Company North Dakota, Vanessa Richter, Andrew Schneider, Alice R. Senechal, States Attorney, Wayne Stenehjem, John Thelen, Haley Wamstad. (as) Modified on 12/2/2019 to remove US parties. (as) |
| Filing 15 AMENDED COMPLAINT against Bret Burkholder, County of Grand Forks, Eye Doctor, The, Sarah W. Gereszek, Donald Hager, Lolita G. Hartl Romanick, Margo Kern, Jay Knudson, Sean F. Marrin, Jason McCarthy, Debbie Nelson, Office of Assistant Attorney General Civil Division at U.S. Department of Justice, Michael Prichard, Registered Agent Corporation Service Company North Dakota, Vanessa Richter, Andrew Schneider, Alice R. Senechal, State of North Dakota, States Attorney, Wayne Stenehjem, John Thelen, U.S. Border Patrol, US Attorney Office, Haley Wamstad filed by Daniel Paul Przybylski. (Attachments: #1 Rebuttal Richter Police Report)(as) (Main Document 15 replaced on 12/2/2019 to correct incorrect names in pleading per filer. NEF Regenerated.) (as) |
| DOCKET CORRECTION re: #14 MOTION to Dismiss. Wrong event selected. Clerk's office restricted access to document and re-filed as MEMORANDUM in Support at #20 . (as) |
| Filing 20 MEMORANDUM in Support re #13 MOTION to Dismiss for Failure to State a Claim filed by Donald Hager, Lolita G. Hartl Romanick, State of North Dakota. (Attachments: #1 Exhibit 1 - Civil Case Docket, #2 Exhibit 2 - Criminal Case Docket)(as) |
| Filing 14 *RESTRICTED - WRONG EVENT SELECTED* MOTION to Dismiss for Failure to State a Claim by Donald Hager, Lolita G. Hartl Romanick, State of North Dakota. (Attachments: #1 Exhibit 1 - Civil case docket, #2 Exhibit 2 - criminal case docket)(Fischer, Elizabeth) Modified on 12/2/2019 to restrict access. (as) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim by Donald Hager, Lolita G. Hartl Romanick, State of North Dakota. (Fischer, Elizabeth) |
| Filing 12 ANSWER to #1 Complaint, by County of Grand Forks, Sarah W. Gereszek, Jail, Sheriff, police. (Attachments: #1 Affidavit of Service by Mail upon Plaintiff Daniel Paul Przybylski)(Marrin, Sean) |
| Filing 11 Refusal of Magistrate by Daniel Paul Przybylski re #8 Consent/Reassignment Form. (Attachments: #1 Mailing Envelope) (NOTE: Document receieved via USPS on 11/22/2019, however, previously hand provided to Clerk's Office on 11/18/2019 and filed as attachment to Consent/Reassongment Form. Per Deputy-in-Charge, duplicate document filed)(js) |
| Filing 10 CERTIFICATE OF SERVICE by Daniel Paul Przybylski re #3 Summons Issued as to USA, #1 Complaint, #2 Summons Issued (Attachments: #1 USPS Tracking Information)(NOTE: The following parties have been served, however, these parties do not appear on the docket sheet: Andrew Schneider; Haley Wamstad; Vanessa Richter, GF Police Department, Grand Forks County; Michael Prichard, Prosecution, US Border Patrol; Debbie Nelson, GF County Auditor, Grand Forks County; Wayne Stenehjem, Attorney General, State of North Dakota; Registered Agent North Dakota Inc.; Administrator Bret Burkholder, Grand Forks County Correctional Center; Margo Kern, Civil Legal Assistant, US Attorney Office; Office of the Assistant Attorney General, Civil Division, US Department of Justice; and Jason McCarthy.) (pb) |
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Filing 9
(Text Only) ORDER REASSIGNING CASE by Chief Judge Peter D. Welte.Case assigned to Chief Judge Peter D. Welte and referred to Magistrate Judge Alice R. Senechal for all further proceedings. Magistrate Judge Alice R. Senechal no longer presiding Judge. (as)
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| Filing 8 CONSENT/REASSIGNMENT FORM by Daniel Paul Przybylski. (Attachments: #1 Refusal of Magistrate)(as) |
| Filing 7 SUPPLEMENT to document: #1 Complaint by Daniel Paul Przybylski. (Attachments: #1 County of Grand Forks, Case 18-2019-cr-00508, Response to the State's Assistant Attorney's Response to Defendant's 3rd Challenge to the Jurisdiction & the Judges's Order w/ Status & Standing & Points & Authorities, #2 County of Grand Forks, Case 18-2019-CR-00508, Amended Hearing Notice, #3 County of Grand Forks, Case 18-2019-CR-00508, Hearing Notice, #4 Letter from Przybylski to FBI dated 11/1/2019, #5 Data re The CIA Files Arrest Warrants for Several Federal Judges and Prosecutors)(js) |
| Filing 6 CERTIFICATE OF SERVICE by Daniel Przybylski re Sarah W. Gereszek, Donald Hager, Lolita G. Hartl Romanick re #1 Complaint, #2 Summons Issued (NOTE: Party Andrew Schneider served, however, party is not a named defendant) (Attachments: #1 Mailing Envelope)(js) Modified on 11/19/2019 to correct filer (lf). |
| Filing 5 SUPPLEMENT (Corrected Cover Sheet) to document: #1 Complaint, by Daniel Paul Przybylski. (Attachments: #1 Cover Letter, #2 Mailing Envelope)(as) |
| Filing 4 NOTICE of Direct Assignment as to Daniel Paul Przybylski. Consent/Reassignment Form due by 11/18/2019. (as) |
| Filing 3 Summons Issued as to U.S. Border Patrol, U.S. Attorney and U.S. Attorney General (as) |
| Filing 2 Summons Issued as to County of Grand Forks, Sarah W. Gereszek, Donald Hager, Lolita G. Hartl Romanick, Jail, Sheriff, State of North Dakota, police. (as) |
| Filing 1 COMPLAINT against County of Grand Forks, Sarah W. Gereszek, Donald Hager, Lolita G. Hartl Romanick, Jail, Sheriff, State of North Dakota, U.S. Border Patrol, police (Filing fee $400, receipt number 320000050) filed by Daniel Paul Przybylski. (Attachments: #1 Civil Cover Sheet)(as) |
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