Gamboa v. Barr
Plaintiff: Michael Gerald Gamboa
Defendant: WILLIAM P. BARR
Case Number: 3:2020cv00114
Filed: June 26, 2020
Court: US District Court for the District of North Dakota
Presiding Judge: Peter D Welte
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2020 Filing 35 Letter from Michael Gamboa (Attachments: #1 Response Sent by Clerk's Office) (kmk)
July 9, 2020 Civil Case Terminated. (js)
June 19, 2020 Opinion or Order Filing 33 ORDER of USCA as to #24 APPEAL FROM TRANSFER ORDER - Notice of Appeal ; USCA Case Number 20-5017. (zrdj)
March 24, 2020 Filing 32 NOTICE OF SUBSTITUTION OF COUNSEL by Brenda A. Gonzalez on behalf of WILLIAM P. BARR Substituting for attorney Marina Utgoff Braswell (Gonzalez, Brenda)
March 9, 2020 Filing 31 NOTICE of Change of Address by MICHAEL GERALD GAMBOA (eg)
February 19, 2020 Partial Filing Fee Received from MICHAEL GERALD GAMBOA in the amount of $5.35, receipt number: 4616102453. (zrdj)
February 18, 2020 Filing 30 Letter from MICHAEL GERALD GAMBOA. "LET THIS BE FILED". Signed by Judge Dabney L. Friedrich on 02/18/2020 (eg)
February 18, 2020 Filing 29 Supplemental Record on Appeal transmitted to US Court of Appeals USCA Case Number 20-5017. (eg)
February 13, 2020 Filing 28 Amended NOTICE OF APPEAL re appeal #24 by MICHAEL GERALD GAMBOA. (eg)
January 31, 2020 Opinion or Order Filing 27 ORDER of USCA as to #24 APPEAL FROM TRANSFER ORDER - Notice of Appeal ; USCA Case Number 20-5017. (zrdj)
January 31, 2020 USCA Case Number 20-5017 for #24 APPEAL FROM TRANSFER ORDER - Notice of Appeal. (zrdj)
January 23, 2020 Filing 26 LEAVE TO FILE DENIED- MICHAEL GERALD GAMBOA, Letter. This document is unavailable as the Court denied its filing. "Leave to file DENIED. Case Transferred". Signed by Judge Dabney L. Friedrich on 1/23/2020. (eg)
January 17, 2020 Filing 25 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee was not paid because it was filed in forma pauperis re #24 APPEAL FROM TRANSFER ORDER - Notice of Appeal. (eg)
January 6, 2020 Filing 24 Notice of Appeal of Transfer Order filed by MICHAEL GERALD GAMBOA forwarded to USCA. (eg)
January 6, 2020 Filing 23 Memorandum in opposition to re #22 MOTION for Leave to File Surreply filed by WILLIAM P. BARR. (Braswell, Marina)
December 23, 2019 Filing 22 MOTION for Leave to File Surreply addressing newly raised issues and surreply to Government's Motion to Dismiss by MICHAEL GERALD GAMBOA (eg)
December 20, 2019 Set/Reset Deadlines: Transfer due by 1/9/2020. (zjch)
December 20, 2019 Opinion or Order Filing 21 ORDER transferring this case to the United States District Court for the District of North Dakota. See text for details. Signed by Judge Dabney L. Friedrich on December 20, 2019. (lcdlf2)
December 10, 2019 Partial Filing Fee Received from MICHAEL GERALD GAMBOA in the amount of $44.94, receipt number: 4616101725. (zrdj)
December 9, 2019 Filing 20 REPLY to opposition to motion re #11 MOTION to Dismiss filed by WILLIAM P. BARR. (Braswell, Marina)
November 25, 2019 Opinion or Order MINUTE ORDER. Upon consideration of the defendant's #19 Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Accordingly, the defendant shall file his reply to the plaintiff's #17 Response on or before December 9, 2019. So Ordered by Judge Dabney L. Friedrich on November 25, 2019. (lcdlf2)
November 22, 2019 Filing 19 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss by WILLIAM P. BARR (Braswell, Marina)
November 12, 2019 Filing 18 RESPONSE TO ORDER OF THE COURT re Minute Order filed on 10/22/2019 filed by MICHAEL GERALD GAMBOA. (jf)
November 12, 2019 Filing 17 RESPONSE re #11 MOTION to Dismiss filed by MICHAEL GERALD GAMBOA. (jf)
November 6, 2019 Opinion or Order MINUTE ORDER. Upon consideration of plaintiff's 16 Motion for Extension of Time to Respond to defendant's #11 Motion to Dismiss, it is ORDERED that the motion is GRANTED. Accordingly, the plaintiff shall file his response to defendant's #11 Motion to Dismiss on or before December 6, 2019. The Court also notes that, pursuant to the Court's order of October 30, 2019 and as stated in defendant's #14 Notice of October 30, 2019, the defendant mailed a new copy of its #11 Motion to Dismiss to plaintiff's stated address on October 30, 2019. Signed by Judge Dabney L. Friedrich on 11/6/19.
November 4, 2019 Filing 16 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss by MICHAEL GERALD GAMBOA. (See Docket Entry #15 to view document). (ztth)
November 4, 2019 Filing 15 NOTICE by MICHAEL GERALD GAMBOA. (ztth)
October 30, 2019 Filing 14 NOTICE by WILLIAM P. BARR re Order on Motion for Extension of Time to File Response/Reply,,, Set/Reset Deadlines,, (Braswell, Marina)
October 30, 2019 Opinion or Order MINUTE ORDER. Upon consideration of the plaintiff's #13 Motion for Extension of Time, it is ORDERED that the motion is GRANTED. Additionally, the government is directed to ensure that the plaintiff receives a copy of the government's #11 Motion to Dismiss. Finally, it is ORDERED that, on or before November 30, 2019, the plaintiff shall file his response to the government's #11 Motion to Dismiss, and shall further show cause why his complaint should not be recharacterized as an action under 28 U.S.C. 2255, and the action transferred to the United States District Court for the District of North Dakota. So Ordered by Judge Dabney L. Friedrich on October 30, 2019. (lcdlf2)
October 28, 2019 Filing 13 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss by MICHAEL GERALD GAMBOA. (ztth)
October 22, 2019 Opinion or Order MINUTE ORDER. Plaintiff's complaint asserts the unconstitutionality of a federal statutory provision that provided the partial basis for his conviction in the United States District Court for the District of North Dakota. Under these circumstances, it appears to the Court that plaintiff's claim is properly characterized as an action under 28 U.S.C. 2255, which governs actions by "prisoner[s] in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States...." See, e.g., Williams v. Gonzales, 567 F. Supp. 2d 148, 149 (D.D.C. 2008). Under section 2255, plaintiffs must proceed by filing a motion in the sentencing court seeking to set aside the sentence. Accordingly, it appears that this Court lacks jurisdiction over plaintiff's action and that the proper forum for the action is the United States District Court for the District of North Dakota. In light of the Supreme Court's directive in Castro v. United States, 540 U.S. 375, 382 (2003), the plaintiff should take notice that the Court intends to recharacterize his complaint as an action under 28 U.S.C. 2255, that a "second or successive" petition under section 2255 would require authorization from the appropriate United States Court of Appeals, and that the plaintiff may choose to withdraw or amend his filing in order to avoid the recharacterization that the Court has proposed. Given the above circumstances, it is ORDERED that the plaintiff shall show cause, on or before November 22, 2019, why his complaint should not be recharacterized as an action under 28 U.S.C. 2255, and the action transferred to the United States District Court for the District of North Dakota. So Ordered by Judge Dabney L. Friedrich on October 22, 2019. (lcdlf2)
October 16, 2019 Filing 11 MOTION to Dismiss by WILLIAM P. BARR (Braswell, Marina)
October 15, 2019 Filing 12 MOTION to Appoint Counsel by MICHAEL GERALD GAMBOA (Attachment: #1 Exhibit Attachment) (ztth)
September 25, 2019 Opinion or Order MINUTE ORDER granting the government's #10 Motion for Further Enlargement of Time. Accordingly, the government shall respond to the plaintiff's complaint on or before October 16, 2019. The Court will not grant any further extensions of this deadline. So Ordered by Judge Dabney L. Friedrich on September 25, 2019. (lcdlf2)
September 25, 2019 Filing 10 MOTION for Extension of Time to File Response/Reply to Complaint by WILLIAM P. BARR (Braswell, Marina)
September 17, 2019 Set/Reset Deadlines: Responses due by 9/30/2019. (znbn)
September 17, 2019 Opinion or Order MINUTE ORDER granting the defendant's #9 Motion for Enlargement of Time. The defendant shall respond to the plaintiff's complaint on or before September 30, 2019. So Ordered by Judge Dabney L. Friedrich on September 17, 2019. (lcdlf2)
September 16, 2019 Filing 9 MOTION for Extension of Time to File Response/Reply to Complaint by WILLIAM P. BARR (Braswell, Marina)
September 10, 2019 Partial Filing Fee Received from MICHAEL GERALD GAMBOA in the amount of $10.00, receipt number: 4616100560. (zrdj)
August 15, 2019 Filing 8 NOTICE of Appearance by Marina Utgoff Braswell on behalf of WILLIAM P. BARR (Braswell, Marina)
August 9, 2019 Partial Filing Fee Received from MICHAEL GERALD GAMBOA in the amount of $80.00, receipt number: 46106100117. (zrdj)
July 22, 2019 Opinion or Order MINUTE ORDER. On April 26, 2019, the Clerk of Court issued summonses which the United States Marshals Service was to serve on defendant as is required under 28 U.S.C. 1915(d) and Federal Rule of Civil Procedure 4(c)(3). Based on the Court's review of the docket, defendant has not yet been served, and default under these circumstances is not warranted. It is hereby ORDERED that plaintiff's Motion for Default Judge Pursuant to Federal Rule of Civil Procedure 55(a) and 55(d) #6 is DENIED. Signed by Judge Dabney L. Friedrich on 7/19/19. (ms)
July 19, 2019 Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/17/2019., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/17/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 8/16/2019.) (jf)
July 12, 2019 Filing 6 MOTION for Default Judgment by MICHAEL GERALD GAMBOA. (tth)
July 9, 2019 Partial Filing Fee Received from MICHAEL GERALD GAMBOA in the amount of $60.00, receipt number: 4616099397. (zrdj)
May 21, 2019 Partial Filing Fee Received from MICHAEL GERALD GAMBOA in the amount of $64.11, receipt number: 4616098157. (zrdj)
April 26, 2019 Filing 5 SUMMONS (2) Issued as to WILLIAM BARR and U.S. Attorney. (zef, )
April 18, 2019 Case Assigned to Judge Dabney L. Friedrich. (zsb)
April 17, 2019 Opinion or Order Filing 4 ORDER directing an initial partial filing fee in the amount of $64.11 from Prison Account of MICHAEL GERALD GAMBOA and granting MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge Emmet G. Sullivan on 04/16/2019. (zsb)
March 1, 2019 Filing 3 PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by MICHAEL GERALD GAMBOA (zsb)
March 1, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by MICHAEL GERALD GAMBOA (zsb)
March 1, 2019 Filing 1 COMPLAINT against WILLIAM BARR filed by MICHAEL GERALD GAMBOA. (Attachment: #1 Exhibit)(zsb).
March 1, 2019 Initiating Pleading & IFP Application Received on 03/01/2019. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zsb)

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Plaintiff: Michael Gerald Gamboa
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