Martinez v. United States of America
Plaintiff: Hector Martinez
Defendant: United States of America
Case Number: 5:2011cv00830
Filed: July 21, 2011
Court: US District Court for the Western District of Oklahoma
Office: Oklahoma City Office
County: Canadian
Presiding Judge: Valerie K. Couch
Presiding Judge: Stephen P. Friot
Nature of Suit: Mandamus and Other
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
October 22, 2015 Opinion or Order Filing 355 ORDER ADOPTING 354 Report and Recommendation. 251 Motion to Dismiss for Lack of Subject-Matter Jurisdiction filed by United States of America, converted to a mtn for summary jdgt under Rule 56 by order dtd 9/3/14, is GRANTED. Plf's rem aining claim of negligent protection from assault under the Federal Tort Claims Act is DISMISSED for lack of subject matter jurisdiction. 233 Motion to Appoint Counsel filed by Hector Martinez, 253 Motion for Summary Judgment filed by United States of America, 330 Motion for Order filed by Hector Martinez, 350 Motion for Leave filed by United States of America are DENIED as MOOT. Signed by Honorable Stephen P. Friot on 10/22/15. (llg)
March 28, 2014 Opinion or Order Filing 213 ORDER ADOPTING 197 Report and Recommendation, DENYING IN PART and GRANTING IN PART 135 Motion for Summary Judgment filed by United States of America, VACATING referral of and GRANTING 187 "'Motion for Leave' to File Amended/ Supplement in Relation-Back to Previously Filed Motion's Under F.R.Civ.P. 60(b)" filed by Hector Martinez, VACATING referral of and DENYING 190 Motion to Strike Supplemental Briefs [Docs. 188 & 189] filed by United States of America, D ENYING 180 first "Motion for Relief" pursuant to Rule 60(b), Fed.R.Civ.P. filed by Hector Martinez, DENYING 181 second "Motion for Relief" pursuant to Rule 60(b), Fed.R.Civ.P. filed by Hector Martinez. This matter shall cont inue to be referred to Magistrate Judge Goodwin for further pretrial litigation, including the imposition of a scheduling order for ongoing discovery & a potential subsequent opportunity to submit dispositive motions. Signed by Honorable Stephen P. Friot on 3/28/14. (llg)
February 28, 2014 Opinion or Order Filing 202 ORDER ADOPTING 195 Report and Recommendation, DENYING 184 Motion to Dismiss filed by United States of America. Signed by Honorable Stephen P. Friot on 2/28/14. (llg)
February 22, 2013 Opinion or Order Filing 128 ORDER ACCEPTING 125 Report and Recommendation, ACCEPTING 126 Report and Recommendation, ACCEPTING 127 Report and Recommendation, DENYING 58 Partial Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by United States of Amer ica, DENYING 61 Partial Motion to Dismiss for Lack of Subject Matter Jurisdiction, or in the Alternative, for Failure to State a Claim filed by United States of America, DISMISSING AS MOOT 95 Request for extension of time filed by Hector Martinez, RE-REFERRING CASE to Magistrate Judge Robert Bacharach. Signed by Honorable Stephen P. Friot on 2/22/13. (llg)
May 23, 2012 Opinion or Order Filing 38 ORDER ADOPTING 30 Report and Recommendation. 21 Defendant's Motion to Dismiss is GRANTED in part & DENIED in part. Plf's claim pursuant to Bivens is DISMISSED under Rule 12(b)(6), FRCivP, for failure to state a valid claim. Plf' ;s negligence claim under the Federal Tort Claims Act remains pndg. Plf is GRANTED one month from this date to effect service of process upon the Atty General of the U.S. The clerk of the court is ORDERED to issue an alias summons for the Atty General of the U.S. USMS is ORDERED to send the alias summons, complaint, the transfer order & a copy of this order to the Atty General of the U.s. via registered or certified mail. Signed by Honorable Stephen P. Friot on 5/23/12. (llg)
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Plaintiff: Hector Martinez
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