Garcia-Hernandez v. United States
| Gabriel Lazaro Garcia-Hernandez |
| Federal Bureau of Prisons and The United States |
| 1:2023cv00683 |
| April 25, 2023 |
| US District Court for the Middle District of Pennsylvania |
| EW |
| Jennifer P Wilson |
| Prisoner Civil Rights (Prison Conditions) |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 13 ACKNOWLEDGEMENT OF SERVICE Executed as to #11 Summons Issued as to USA, Atty General served 5/10/23. (ao) |
| Filing 12 SUMMONS Returned Executed by The United States. The United States served on 5/8/2023, answer due 7/7/2023. (ao) |
| Filing 11 Summons Issued as to The United States and provided TO U.S. MARSHAL for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. After you make service, you are further directed to file a Return of Service using the event Summons Returned Executed as to USA under the category Service of Process, in ECF. (ve) |
Filing 10
ORDER DIRECTING U.S. MARSHAL TO SERVE SUMMONS AND COMPLAINT. Signed by Honorable Jennifer P. Wilson on 5/3/2023. (ve)
|
| Filing 9 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, #4 398 Forms, #5 399 Form) (lp) |
| Filing 8 Case transferred electronically in from District of New York Southern; Case Number 1:22-cv-09300 containing electronic documents. |
| MAILING RECEIPT: Document No: 7. Mailed to: Gabriel Lazaro Garcia-Hernandez 13158-059 United States Penitentiary P.O. Box 1000 Lewisburg, PA 17837. (kh) [Transferred from New York Southern on 4/25/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Middle District of Pennsylvania. (sac) [Transferred from New York Southern on 4/25/2023.] |
|
Filing 7
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Middle District of Pennsylvania. A summons shall not issue from this Court. This order closes this case. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 44445 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/11/23) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 4/25/2023.]
|
| Filing 6 AMENDED COMPLAINT, Re: amending #2 Complaint against The United States with JURY DEMAND.Document filed by Gabriel Lazaro Garcia-Hernandez. Related document: #2 Complaint.(sc) [Transferred from New York Southern on 4/25/2023.] |
| MAILING RECEIPT: Document No: 5. Mailed to: Gabriel Lazaro Garcia-Hernandez 13158-059 United States Penitentiary P.O. Box 1000 Lewisburg, PA 17837. (dsh) [Transferred from New York Southern on 4/25/2023.] |
|
Filing 5
ORDER TO AMEND: Plaintiff is granted leave to file an amended complaint that complies with the standards set forth above. Plaintiff must submit the amended complaint to this Court's Pro Se Intake Unit within sixty days of the date of this order, caption the document as an "Amended Complaint," and label the document with docket number 22-CV-9300 (LTS). An Amended Civil Rights Complaint form is attached to this order. No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/6/2023) (kv) [Transferred from New York Southern on 4/25/2023.]
|
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from New York Southern on 4/25/2023.] |
| Received returned mail re: #4 Order Granting IFP Application in Prisoner Case. Mail was addressed to Gabriel Lazaro Garcia-Hernandez, 13158-059, United States Penitentiary, P.O. Box 1000, Lewisburg, PA 17837 and was returned for the following reason(s): Return To Sender Attempted - Not Known Unable To Forward. (vn) [Transferred from New York Southern on 4/25/2023.] |
| MAILING RECEIPT: Document No: 4. Mailed to: Gabriel Lazaro Garcia-Hernandez 13158-059 United States Penitentiary P.O. Box 1000 Lewisburg, PA 17837. Also mailed a copy to the Superintendent of U.S.P. Lewisburg. (kh) [Transferred from New York Southern on 4/25/2023.] |
|
Filing 4
ORDER GRANTING IFP APPLICATION IN PRISONER CASE: The Clerk of Court is directed to send a copy of this order and the prisoner authorization to the agency having custody of Plaintiff. That agency is directed to forward copies of Plaintiff's prison trust fund account for the past six months and to disburse the payments required under 28 U.S.C. 1915 to the United States District Court for the Southern District of New York and to include the above docket number on the disbursement before sending it to the Court. If Plaintiff is transferred to another facility, the current facility shall provide a copy of this order to the facility to which Plaintiff is transferred. Finally, it is Plaintiff's obligation to promptly submit a written notification to the Court if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. (Signed by Judge Laura Taylor Swain on 11/22/2022) (vn) [Transferred from New York Southern on 4/25/2023.]
|
| Filing 3 PRISONER AUTHORIZATION. Document filed by Gabriel Lazaro Garcia-Hernandez..(rdz) [Transferred from New York Southern on 4/25/2023.] |
| Filing 2 COMPLAINT against Federal Bureau of Prisons. Document filed by Gabriel Lazaro Garcia-Hernandez..(rdz) [Transferred from New York Southern on 4/25/2023.] Modified on 4/25/2023 (lp). Civil action opened in SDNY as a 1983 action - actually 1331 |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Gabriel Lazaro Garcia-Hernandez..(rdz) [Transferred from New York Southern on 4/25/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 4/25/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
