Ortiz v. Messinger
| Edward Ortiz |
| Chaplain Messinger and Lewis Messinger |
| 1:2023cv00315 |
| February 22, 2023 |
| US District Court for the Middle District of Pennsylvania |
| SM |
| Yvette Kane |
| Sylvia H Rambo |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| DOCKET ANNOTATION: This case has been assigned to Judge Rambo. (ktt) |
| Senior Judge Kane has transferred this case and directed that this matter be reassigned. (ktt) |
| Filing 66 PRO SE LETTER ISSUED providing the case number and the AO 85 Notice & Consent Form. (Attachments: #1 Notice of Consent, #2 Instruction Sheet, #3 Fed and Local Rules) (lp) |
| Filing 65 Case transferred electronically in from District of South Carolina; Case Number 5:21-cv-03633 containing electronic documents. |
| Filing 62 ***DOCUMENT MAILED: #61 Order on Motion to Dismiss w/NEF, placed in U.S. Mail from Florence Clerk's Office to Edward Ortiz, #14506-014, FCI Williamsburg, PO Box 340, Salters, SC 29590. (prou, ) [Transferred from South Carolina on 2/22/2023.] |
Filing 61
ORDER: The Court finds that venue is improper in the United States District Court for the District of South Carolina. The Court DENIES Defendant's Motion to Dismiss, ECF No. #45 , and TRANSFERS this action to the United States District Court for the Middle District of Pennsylvania. IT IS SO ORDERED. Signed by Honorable Terry L Wooten on 2/17/2023.(prou, ) [Transferred from South Carolina on 2/22/2023.]
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| Filing 59 OBJECTION to #55 Report and Recommendation by Edward Ortiz. Reply to Objections due by 1/5/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope)(prou, ) [Transferred from South Carolina on 2/22/2023.] |
| Filing 58 REPLY to Response to Motion re #45 MOTION to Dismiss Complaint Response filed by Lewis Messinger. (Holmes, Martin) [Transferred from South Carolina on 2/22/2023.] |
| Filing 57 RESPONSE in Opposition re #45 MOTION to Dismiss Complaint. Response filed by Edward Ortiz.Reply to Response to Motion due by 12/22/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Affidavit of Edward Ortiz, #2 Certificate of Service, #3 Supporting Documents, #4 Envelope)(prou, ) [Transferred from South Carolina on 2/22/2023.] |
| Filing 56 ***DOCUMENT MAILED: #55 REPORT AND RECOMMENDATION w/NEF placed in U.S. Mail from Florence Clerks Office to Edward Ortiz, #14506-014, FCI Williamsburg, PO Box 340, Salters, SC, 29590 (dsto, ) [Transferred from South Carolina on 2/22/2023.] |
| Filing 55 REPORT AND RECOMMENDATION recommending this action be dismissed with prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). IT IS SO RECOMMENDED. Objections to R&R due by 12/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 12/13/2022. (dsto, ) [Transferred from South Carolina on 2/22/2023.] |
| Filing 52 ***DOCUMENT MAILED: #51 Roseboro Order w/NEF, placed in U.S. Mail from Florence Clerks Office to Edward Ortiz, #14506-014, FCI Williamsburg, PO Box 340, Salters, SC, 29590 (dsto, ) [Transferred from South Carolina on 2/22/2023.] |
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Filing 51
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Plaintiff is directed to advise the court whether he wishes to continue with this case and to file a response to Defendant's Motion (ECF #45 ) by December 8, 2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 11/08/2022. (dsto, ) [Transferred from South Carolina on 2/22/2023.]
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| Filing 50 ***DOCUMENT MAILED: 49 Text Order on Motion for Extension of Time to File Response/Reply, placed in U.S. Mail from Florence Clerk's Office to Edward Ortiz, #14506-014, FCI Williamsburg, PO Box 340, Salters, SC 29590. (prou, ) [Transferred from South Carolina on 2/22/2023.] |
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Filing 49
TEXT ORDER: On July 25, 2022, Defendant Messinger filed a Motion to Dismiss Complaint. ECF No. #45 . On August 15, 2022, Plaintiff filed a Motion for Extension of Time to File a Response to Defendant's Motion. ECF No. #48 . The current deadline for a response is August 26, 2022. Plaintiff seeks an additional sixty days to respond to the Motion, indicating that he has to review and analyze numerous policy and program statements. ECF No. #48 . Plaintiff further states that the institution where he is currently incarcerated is currently under lockdown status, and he is unable to review the necessary documents while the institution is not operating under "normal" circumstances. ECF No. #48 . Plaintiff attached a Memorandum to his Motion to support the claim that FCI Williamsburg was placed in secure status as of August 10, 2022. ECF No. #48 -1. For good cause shown, the court will allow an additional 60 days from the current deadline to respond to Defendant's Motion. Plaintiff's response is now due on or before October 25, 2022. It is so ordered. Signed by Magistrate Judge Kaymani D West on 8/16/2022.(prou, ) [Transferred from South Carolina on 2/22/2023.]
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| Filing 48 MOTION for Extension of Time to File Response/Reply as to #45 MOTION to Dismiss Complaint. by Edward Ortiz. Response to Motion due by 8/29/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Memorandum from R. S. Dunbar, Warden, #2 Certificate of Service, #3 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) [Transferred from South Carolina on 2/22/2023.] |
| Filing 47 ***DOCUMENT MAILED: #46 Roseboro Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Edward Ortiz, #14506-014, FCI Williamsburg, PO Box 340, Salters, SC 29590. (prou, ) [Transferred from South Carolina on 2/22/2023.] |
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Filing 46
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #45 MOTION to Dismiss Complaint. Response to Motion due by 8/26/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 7/26/2022. (prou, ) [Transferred from South Carolina on 2/22/2023.]
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| Filing 45 MOTION to Dismiss Complaint by Lewis Messinger. Response to Motion due by 8/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A, Messinger Declaration)No proposed order.Motions referred to Kaymani D West.(Holmes, Martin) [Transferred from South Carolina on 2/22/2023.] |
| Filing 44 USM-285 Returned Executed. Lewis Messinger served. (prou, ) [Transferred from South Carolina on 2/22/2023.] |
| Filing 43 USM-285 Returned Executed. Attorney General of the United States served. (Attachments: #1 Certified Mail Receipt)(prou, ) [Transferred from South Carolina on 2/22/2023.] |
| Filing 42 USM-285 Returned Executed. US Attorney served on 3/31/2022, answer due 5/31/2022. (prou, ) Modified on 6/14/2022 to edit text (prou, ). [Transferred from South Carolina on 2/22/2023.] |
| Filing 39 Summons Issued as to Lewis Messinger. U.S. Attorney and U.S. Attorney General. Service due by 6/22/2022. (prou, ) [Transferred from South Carolina on 2/22/2023.] |
| Filing 38 ***DOCUMENT MAILED: #37 Order 1983 w/NEF, placed in U.S. Mail from Florence Clerk's Office to Edward Ortiz, #14506-014, FCI Williamsburg, PO Box 340, Salters, SC 29590. (prou, ) [Transferred from South Carolina on 2/22/2023.] |
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Filing 37
ORDER authorizing service of process. Signed by Magistrate Judge Kaymani D West on 3/24/2022. (prou, ) [Transferred from South Carolina on 2/22/2023.]
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| Filing 32 ***DOCUMENTS MAILED: #31 Third Proper Form Order w/NEF and three Summons forms, placed in U.S. Mail from Florence Clerk's Office to Edward Ortiz, #14506-014, FCI Williamsburg, PO Box 340, Salters, SC 29590. (prou, ) [Transferred from South Carolina on 2/22/2023.] |
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Filing 31
THIRD PROPER FORM ORDER: Case to be brought into proper form by 3/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kaymani D West on 2/14/2022. (prou, ) [Transferred from South Carolina on 2/22/2023.]
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| Filing 26 ***DOCUMENTS MAILED: 25 Order on Motion to Appoint Counsel, #24 Second Proper Form Order w/NEF, three Summons, and three USM-285 Forms, placed in U.S. Mail from Florence Clerk's Office to Edward Ortiz, #14506-014, FCI Williamsburg, PO Box 340, Salters, SC 29590. (prou, ) [Transferred from South Carolina on 2/22/2023.] |
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Filing 25
ORDER denying #19 Motion to Appoint Counsel per #24 Second Proper Form Order. Signed by Magistrate Judge Kaymani D West on 1/24/2022.(prou, ) [Transferred from South Carolina on 2/22/2023.]
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Filing 24
SECOND PROPER FORM ORDER: Case to be brought into proper form by 2/14/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kaymani D West on 1/24/2022. (prou, ) [Transferred from South Carolina on 2/22/2023.]
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| Filing 19 MOTION to Appoint Counsel by Edward Ortiz. Response to Motion due by 1/25/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) [Transferred from South Carolina on 2/22/2023.] |
| Filing 16 ***DOCUMENT MAILED: 15 Text Order on Motion for Extension of Time to File Response/Reply placed in U.S. Mail from Florence Clerk's Office to Edward Ortiz, #14506-014, FCI Williamsburg, PO Box 340, Salters, SC 29590. (prou, ) [Transferred from South Carolina on 2/22/2023.] |
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Filing 15
TEXT ORDER granting #14 Motion for Extension of Time to Respond to #10 Proper Form Order. Case to be brought into proper form by 2/28/2022. Signed by Magistrate Judge Kaymani D West on 11/29/2021.(prou, ) [Transferred from South Carolina on 2/22/2023.]
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| Filing 14 MOTION for Extension of Time to File Response to #10 Proper Form Order, by Edward Ortiz. Response to Motion due by 12/7/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents, #2 Envelope)No proposed order.Motions referred to Kaymani D West.(dsto, ) [Transferred from South Carolina on 2/22/2023.] |
| Filing 12 ***DOCUMENTS MAILED: #10 Proper Form Order w/NEF, 11 Order on Motion for Leave to Proceed in forma pauperis, #1 Complaint, standard complaint form, three Summons forms, and three USM-285 Forms, placed in U.S. Mail from Florence Clerk's Office to Edward Ortiz, #14506-014, FCI Williamsburg, PO Box 340, Salters, SC 29590. (prou, ) [Transferred from South Carolina on 2/22/2023.] |
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Filing 11
ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #10 Proper Form Order. Signed by Magistrate Judge Kaymani D West on 11/5/2021.(prou, ) [Transferred from South Carolina on 2/22/2023.]
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Filing 10
PROPER FORM ORDER: Case to be brought into proper form by 11/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kaymani D West on 11/5/2021. (prou, ) [Transferred from South Carolina on 2/22/2023.]
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| Filing 4 TRUE DIVISION FOR TRIAL: Florence. (prou, ) [Transferred from South Carolina on 2/22/2023.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Edward Ortiz. Response to Motion due by 11/18/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Inmate Inquiry, #2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) [Transferred from South Carolina on 2/22/2023.] |
| Filing 1 COMPLAINT against Chaplain Messinger, filed by Edward Ortiz. Service due by 2/2/2022. (Attachments: #1 Supporting Documents, #2 Supporting Documents, #3 Letter from Edward Ortiz, #4 Envelope)(prou, ) (Additional attachment(s) added on 1/11/2022: #5 Proper Form Complaint, #6 Supporting Documents, #7 Certificates of Service, #8 Envelope) (prou, ). [Transferred from South Carolina on 2/22/2023.] |
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