Carrion-Perez v. Federal Bureau of Prisons
| Francisco Carrion-Perez |
| Federal Bureau of Prisons and United States |
| 3:2024cv01031 |
| January 22, 2024 |
| US District Court for the District of Puerto Rico |
| Maria Antongiorgi-Jordan |
| Prisoner Petitions (Prison Condition) |
| 28 U.S.C. § 2271 Federal Tort Claims Act |
| None |
Docket Report
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Filing 56
ORDER denying: #31 "Defendant's Motion to Dismiss" without prejudice. See attached. Signed by Judge Maria Antongiorgi-Jordan on 3/15/2024. (ao)
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| Filing 55 NOTICE TO PRO SE LITIGANT: The Clerk's Office has received your Complaint. A new case has been opened and assigned to Judge Maria Antongiorgi-Jordan. Any further documents or correspondence you send to the Clerk's Office concerning your case must include the case number 24-cv-1031(MAJ). All documents for filing must also contain an original signature. Submitted documents are electronically scanned for filing and they become official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and dark enough for scanning. The Court enforces its rules and expects compliance with all directives; failure to comply with a court rule, federal law, or court directive may result in dismissal. The plaintiff must also keep the Court informed of any address changes. If the Court is not kept informed and multiple items are returned undelivered, the case may be dismissed without prejudice for failure to prosecute. (Copy of this notice, Standing Order No. 10 - Consent by Pro Se (Non-Prisoner) Litigants to Receive Notices of Electronic Filing in Civil Cases and Consent Form sent to Pro Se by mail.) (arg) |
| Filing 54 NOTICE TO COUNSEL re: case transferred from the District of South Carolina.Signed by Clerk on 01/24/2024.(arg) |
| Filing 53 Case transferred in from District of South Carolina; Case Number 8:22-cv-03130. Original file certified copy of transfer order and docket sheet received. |
| Filing 51 ***DOCUMENT MAILED #50 Order Adopting Report and Recommendation placed in U.S. Mail from Greenville Clerks Office to Francisco Carrion-Perez, 44754-069, Kintock RRC, 37-47 Legal Street, Newark, NJ 07114. (rweb, ) [Transferred from scd on 1/23/2024.] |
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Filing 50
ORDER ADOPTING #41 REPORT AND RECOMMENDATION Venue is improper in this District and the Clerk is directed to TRANSFER this case to the United States District Court for the District of Puerto Rico. Signed by Honorable Donald C Coggins, Jr on 1/17/24. (rweb, ) [Transferred from scd on 1/23/2024.]
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| Filing 48 ***DOCUMENT MAILED 47 Text Order on Motion to Substitute Attorney placed in U.S. Mail from Greenville Clerks Office to Francisco Carrion-Perez, 44754-069, Kintock RRC, 37-47 Legal Street, Newark, NJ 07114. (rweb, ) [Transferred from scd on 1/23/2024.] |
| Filing 47 TEXT ORDER granting #46 motion to substitute counsel. Signed by Honorable Donald C Coggins, Jr on 12/15/23.(rweb, ) [Transferred from scd on 1/23/2024.] |
| Filing 46 MOTION to Substitute Attorney by United States. Response to Motion due by 12/28/2023. 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. No proposed order.(Newman, Christie) [Transferred from scd on 1/23/2024.] |
| Filing 45 NOTICE of Appearance by Christie V Newman on behalf of United States (Newman, Christie) [Transferred from scd on 1/23/2024.] |
| Filing 44 Mail Returned as Undeliverable. Addressee: Francisco Carrion-Perez. Document Returned: #41 REPORT AND RECOMMENDATION re #1 Complaint, filed by Francisco Carrion-Perez. (rweb, ) [Transferred from scd on 1/23/2024.] |
| Filing 42 ***DOCUMENT MAILED #41 REPORT AND RECOMMENDATION re #1 Complaint, filed by Francisco Carrion-Perez placed in U.S. Mail from Greenville Clerks Office to Francisco Carrion-Perez, 44754-069, Kintock RRC, 37-47 Legal Street, Newark, NJ 07114. (rweb, ) [Transferred from scd on 1/23/2024.] |
| Filing 41 REPORT AND RECOMMENDATION The Court recommends that this case be transferred to the District of Puerto Rico. Objections to R&R due by 11/27/2023. 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 Jacquelyn D Austin on 11/13/23. (Attachments: #1 Objection Notice)(rweb, ) [Transferred from scd on 1/23/2024.] |
| Filing 40 NOTICE of Change of Address by Francisco Carrion-Perez effective on Thursday October 12, 2023. New address will be Kintock RRC, 37-47 Legal Street, Newark, NJ 07114. (Attachments: #1 Envelope)(rweb, ) [Transferred from scd on 1/23/2024.] |
| Filing 39 Letter from Francisco Carrion-Perez regarding status of case. (Attachments: #1 Envelope)(rweb, ) [Transferred from scd on 1/23/2024.] |
| Filing 37 RESPONSE in Opposition re #31 MOTION to Dismiss Response filed by Francisco Carrion-Perez.Reply to Response to Motion due by 6/12/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents, #2 Envelope)(rweb, ) [Transferred from scd on 1/23/2024.] |
| Filing 36 ***DOCUMENT MAILED #35 Order placed in U.S. Mail from Greenville Clerks Office to Francisco Carrion-Perez 44754-069 WILLIAMSBURG FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 340 SALTERS, SC 29590 (rweb, ) [Transferred from scd on 1/23/2024.] |
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Filing 35
ORDER;, Plaintiff shall have through June 20, 2023, in which to file his response to the motion to dismiss. Plaintiff is advised that if he fails to respond, this action will be subject to dismissal for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b), and for failure to comply with this Court's orders, pursuant to Rule 41(b) and the factors outlined in Chandler Leasing Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir.1982). See Ballard v. Carlson, 882 F.2d 93 (4th Cir. 1989). The dismissal will be considered an adjudication on the merits, i.e., with prejudice. 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 Jacquelyn D Austin on 5/31/23. (rweb, ) [Transferred from scd on 1/23/2024.]
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| Filing 33 ***DOCUMENT MAILED #32 Roseboro Order, placed in U.S. Mail from Greenville Clerks Office to Francisco Carrion-Perez 44754-069 WILLIAMSBURG FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 340 SALTERS, SC 29590 (rweb, ) [Transferred from scd on 1/23/2024.] |
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Filing 32
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 #31 MOTION to Dismiss Response to Motion due by 5/26/2023. 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 Jacquelyn D Austin on 4/25/23. (rweb, ) [Transferred from scd on 1/23/2024.]
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| Filing 31 MOTION to Dismiss by United States. Response to Motion due by 5/8/2023. 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 1, Declaration of J. Carter)No proposed order.Motions referred to Jacquelyn D Austin.(Bowens, Barbara) [Transferred from scd on 1/23/2024.] |
| Filing 29 SUMMONS Returned Executed by Francisco Carrion-Perez. United States served on 2/24/2023, answer due 4/25/2023. (rweb, ) Modified on 3/23/2023: to correct answer deadline (60 days for USA) (kmca). [Transferred from scd on 1/23/2024.] |
| Filing 27 Summons Issued as to United States. Service due by 5/3/2023 (rweb, ) (Main Document 27 replaced on 2/2/2023) (rweb, ). Modified on 2/2/2023 to remove second page (rweb, ). (Additional attachment(s) added on 2/2/2023: #2 Summons United States Attorney for the District of South Carolina) (rweb, ). [Transferred from scd on 1/23/2024.] |
| Filing 26 ***DOCUMENT MAILED #25 Order 1983, placed in U.S. Mail from Greenville Clerks Office to Francisco Carrion-Perez 44754-069 Williamsburg Federal Correctional Institution Inmate Mail/Parcels P.O. Box 340 Salters, SC 29590 (kric, ) [Transferred from scd on 1/23/2024.] |
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Filing 25
ORDER authorizing service of process and collection of filing fee. Plaintiff has incurred a debt to the U.S.A. in the amount of $350.00. Apprising the defendants of deadline for filing dispositive motions and directing plaintiff to notify the clerk in writing of any change of address. Signed by Magistrate Judge Jacquelyn D Austin on 2/1/2023. (kric, ) [Transferred from scd on 1/23/2024.]
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| Filing 22 ***DOCUMENT MAILED #21 Proper Form Order, summons (2) and USM-285 form (2) placed in U.S. Mail from Greenville Clerks Office to Francisco Carrion-Perez 44754-069 WILLIAMSBURG FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 340 SALTERS, SC 29590 (rweb, ) [Transferred from scd on 1/23/2024.] |
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Filing 21
THIRD PROPER FORM ORDER; Case to be brought into proper form by 2/1/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 1/11/23. (rweb, ) [Transferred from scd on 1/23/2024.]
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| Filing 16 ***DOCUMENT MAILED #13 Proper Form Order, 15 Text Order on Motion for Leave to Proceed in forma pauperis, summons (2) and USM-285 forms (2) placed in U.S. Mail from Greenville Clerks Office to Francisco Carrion-Perez 44754-069 WILLIAMSBURG FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 340 SALTERS, SC 29590 (rweb, ) [Transferred from scd on 1/23/2024.] |
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Filing 15
TEXT ORDER granting #11 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Jacquelyn D Austin on 11/2/22.(rweb, ) [Transferred from scd on 1/23/2024.]
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Filing 13
SECOND PROPER FORM ORDER; Case to be brought into proper form by 11/23/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 11/2/22. (rweb, ) [Transferred from scd on 1/23/2024.]
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| Filing 11 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Francisco Carrion-Perez. Response to Motion due by 11/2/2022. 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 Financial Certificate, #2 Envelope)No proposed order.Motions referred to Jacquelyn D Austin.(rweb, ) Modified on 10/21/2022: NOTE: original scanned as received (1st page cuts off first name) (rweb). [Transferred from scd on 1/23/2024.] |
| Filing 9 ANSWER to Interrogatories from Francisco Carrion-Perez by Francisco Carrion-Perez. (Attachments: #1 Envelope)(rweb, ) [Transferred from scd on 1/23/2024.] |
| Filing 6 ***DOCUMENT MAILED #5 Proper Form Order, IFP, financial certificate, blank complaint form, summons (3) and USM form (3) and Courts Special Interrogatories placed in U.S. Mail from Greenville Clerks Office to Francisco Carrion-Perez 44754-069 WILLIAMSBURG FEDERAL CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 340 SALTERS, SC 29590 (rweb, ) [Transferred from scd on 1/23/2024.] |
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Filing 5
PROPER FORM ORDER; Case to be brought into proper form by 10/11/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 9/20/22. (rweb, ) (Additional attachment(s) added on 9/20/2022: #1 Courts Special Interrogatories) (rweb, ). [Transferred from scd on 1/23/2024.]
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| Filing 2 TRUE DIVISION FOR TRIAL: Florence. (rweb, ) [Transferred from scd on 1/23/2024.] |
| Filing 1 COMPLAINT against Federal Bureau of Prisons, filed by Francisco Carrion-Perez. Service due by 12/14/2022 (Attachments: #1 Supporting Documents, #2 Envelope)(rweb, ) (Additional attachment(s) added on 10/19/2022: #3 Complaint, #4 Supporting Documents, #5 Envelope) (rweb, ). [Transferred from scd on 1/23/2024.] |
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