Montgomery v. Barr et al
| Lisa Montgomery |
| T.J. Watson, Federal Bureau of Prisons, Michael Carr, Alix McLearen, Michael Carvajal, William P Barr and Rick Winter |
| 4:2020cv01281 |
| December 1, 2020 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Prisoner Pet/Other: Prison Condition |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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Filing 61
FINAL JUDGMENT: This Final Judgment is issued pursuant to Federal Rule of Civil Procedure 58. In accordance with the Order dismissing the case (ECF No. #60 ): It is ORDERED, ADJUDGED, and DECREED that this civil action is DISMISSED without PREJUDICE. (Ordered by Judge Mark Pittman on 12/15/2020) (mmw)
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Filing 60
OPINION AND ORDER: Montgomery's amended complaint, (ECF No. #43 ), is DISMISSED without Prejudice pursuant to 28 U.S.C. 1915A(b)(1). Montgomery's amended motion for preliminary injunction, (ECF No. #53 ), is DENIED. Montgomery's motion for discovery, (ECF No. #49 ), is DENIED. The applications for admission Pro Hac Vice, (ECF Nos. #51 , #57 ), are GRANTED. All other pending motions are DISMISSED as moot. (Ordered by Judge Mark Pittman on 12/15/2020) (mmw)
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| Filing 59 SUMMONS Returned Executed as to Michael Carr ; served on 12/4/2020. (Nunn, Robin) |
| Filing 58 REPLY filed by Lisa Montgomery re: #49 MOTION for Discovery MOTION FOR LIMITED, EXPEDITED DISCOVERY IN SUPPORT OF PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION (Nunn, Robin) |
| Filing 57 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11433503) filed by Lisa Montgomery (Attachments: #1 Exhibit(s) Certificate of Good Standing)Attorney Michael C. D'Agostino added to party Lisa Montgomery(pty:pla) (D'Agostino, Michael) |
| Filing 56 RESPONSE filed by William P Barr, Michael Carr, Michael Carvajal, Federal Bureau of Prisons, Alix McLearen, T.J. Watson, Rick Winter re: #53 Amended MOTION for Injunction PLAINTIFFS AMENDED MOTION FOR PRELIMINARY INJUNCTION (Attachments: #1 Appendix) (Simpson, Alan) |
| Filing 55 RESPONSE AND OBJECTION filed by William P Barr, Michael Carr, Michael Carvajal, Federal Bureau of Prisons, Alix McLearen, T.J. Watson, Rick Winter re: #49 MOTION for Discovery MOTION FOR LIMITED, EXPEDITED DISCOVERY IN SUPPORT OF PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION (Simpson, Alan) |
| Filing 54 Appendix in Support filed by Lisa Montgomery re #53 Amended MOTION for Injunction PLAINTIFFS AMENDED MOTION FOR PRELIMINARY INJUNCTION (Attachments: #1 Declaration(s) Declaration of Robin Nunn, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14) (Nunn, Robin) |
| Filing 53 Amended MOTION for Injunction PLAINTIFFS AMENDED MOTION FOR PRELIMINARY INJUNCTION filed by Lisa Montgomery with Brief/Memorandum in Support. (Nunn, Robin) |
| Filing 52 NOTICE of Withdrawal re: #31 Reply, #12 MOTION for Preliminary Injunction , #30 MOTION for Leave to File Supplemental Declaration of Dr. Katherine Porterfield and Declaration of Robin Nunn filed by Lisa Montgomery (Nunn, Robin) |
| Filing 51 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11428687) filed by Lisa Montgomery (Attachments: #1 Exhibit(s) Certificate of Good Standing NYS)Attorney Anjana Samant added to party Lisa Montgomery(pty:pla) (Samant, Anjana) |
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Filing 50
ORDER DIRECTING ACCELERATED BRIEFING: In light of Montgomery's scheduled execution set for January 12, 2021, this Court will expedite the briefing schedule. It is hereby ORDERED that: On or before five p.m., central time, December 10, 2020, Montgomery shall file any amendment to her motion for preliminary injunction. On or before noon, central time, December 11, 2020, Defendants shall file any response they wish to make to Montgomery's motions for discovery and preliminary injunction. (Ordered by Judge Mark Pittman on 12/8/2020) (mmw)
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| Filing 49 MOTION for Discovery MOTION FOR LIMITED, EXPEDITED DISCOVERY IN SUPPORT OF PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION filed by Lisa Montgomery (Nunn, Robin) |
| Filing 48 Summons Issued as to Rick Winter. (mmw) |
| Filing 47 SUMMONS Returned Executed as to Alix McLearen ; served on 11/23/2020. (Nunn, Robin) |
| Filing 46 SUMMONS Returned Executed as to Federal Bureau of Prisons ; served on 11/23/2020. (Nunn, Robin) |
| Filing 45 SUMMONS Returned Executed as to T.J. Watson ; served on 11/18/2020. (Nunn, Robin) |
| Filing 44 SUMMONS Returned Executed as to Michael Carvajal ; served on 11/23/2020. (Nunn, Robin) |
| Filing 43 AMENDED COMPLAINT against All Defendants filed by Lisa Montgomery. Clerk to issue summons(es) for new federal defendant(s). Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Nunn, Robin) |
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Filing 42
ELECTRONIC ORDER granting #39 Application for Admission Pro Hac Vice of Robin Nunn. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Mark Pittman on 12/3/2020) (chmb)(lcnap)
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| Filing 41 NOTICE of Attorney Appearance by Justin Roel Chapa on behalf of Lisa Montgomery. (Filer confirms contact info in ECF is current.) (Chapa, Justin) |
| Filing 40 NOTICE of Attorney Appearance by David I Monteiro on behalf of Lisa Montgomery. (Filer confirms contact info in ECF is current.) (Monteiro, David) |
| Filing 39 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-11401403) filed by Lisa Montgomery (Attachments: #1 Certificate of Good Standing DC) (Nunn, Robin) |
| Filing 38 NOTICE of Attorney Appearance by Alan T Simpson on behalf of William P Barr, Michael Carr, Michael Carvajal, Federal Bureau of Prisons, Alix McLearen, T.J. Watson. (Filer confirms contact info in ECF is current.) (Simpson, Alan) |
| Filing 37 Notice of Substitution of Counsel by AUSA. Brian Walters Stoltz-DOJ added as AUSA. (Stoltz-DOJ, Brian) |
| Filing 36 New Case Notes: A filing fee has been paid. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw) |
| Filing 35 Case electronically transferred in from District of District of Columbia; Case Number 1:20-cv-03214. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
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Filing 34
MEMORANDUM ORDER. Plaintiff's #13 Motion to Reassign Case is DENIED and the case will be immediately transferred. It is hereby ORDERED that the Clerk of Court shall TRANSFER FORTHWITH this matter to the United States District Court for the Northern District of Texas. It is further ORDERED that the Clerk of Court shall close this case. See attached Order for details. Signed by Judge Trevor N. McFadden on 11/25/2020. (lctnm2) [Transferred from District of Columbia on 12/1/2020.]
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| Filing 33 Memorandum in opposition to re #30 MOTION for Leave to File Supplemental Declaration of Dr. Katherine Porterfield and Declaration of Robin Nunn filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON. (Walker, Johnny) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 32 Consent MOTION for Leave to File Substitute Declaration of Rick Winter (ECF No. 23-3) by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON (Attachments: #1 Declaration of Rick Winter, #2 Declaration of Rick Winter (comparison), #3 Text of Proposed Order)(Walker, Johnny) [Transferred from District of Columbia on 12/1/2020.] |
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MINUTE ORDER granting the Defendants' #32 Consent Motion for Leave to File. The Clerk of the Court is directed to substitute the declaration of Rick Winter dated November 24, 2020 (ECF No. 32-1) for the declaration of Rick Winter dated November 20, 2020 (ECF No. 23-3). SO ORDERED. Signed by Judge Trevor N. McFadden on 11/24/2020. (lctnm2) [Transferred from District of Columbia on 12/1/2020.]
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| Filing 31 REPLY to opposition to motion re #12 MOTION for Preliminary Injunction filed by LISA MONTGOMERY. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nunn, Robin) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 30 MOTION for Leave to File Supplemental Declaration of Dr. Katherine Porterfield and Declaration of Robin Nunn by LISA MONTGOMERY (Attachments: #1 Text of Proposed Order)(Nunn, Robin) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 29 RESPONSE TO ORDER TO SHOW CAUSE by LISA MONTGOMERY re Order,,, Reply in Response to the Court's Sua Sponte Order to Show Cause Regarding Transfer filed by LISA MONTGOMERY. (Nunn, Robin) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 28 NOTICE OF WITHDRAWAL OF MOTION by LISA MONTGOMERY re #25 MOTION for Leave to File THE SUPPLEMENTAL DECLARATION OF KATHERINE PORTERFIELD, PH.D (Nunn, Robin) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 27 NOTICE of Rescheduled Execution Date (Jan. 12, 2021) by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON (Walker, Johnny) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 26 REPLY to opposition to motion re #13 MOTION to Reassign Case Under 28 U.S.C. 455(a) MOTION for Disclosure of Evidence filed by LISA MONTGOMERY. (Stull, Brian) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 25 MOTION for Leave to File THE SUPPLEMENTAL DECLARATION OF KATHERINE PORTERFIELD, PH.D by LISA MONTGOMERY (Nunn, Robin) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 24 RESPONSE re #18 Memorandum Regarding Transfer of Venue filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON. (Attachments: #1 Exhibit A)(Walker, Johnny) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 23 Memorandum in opposition to re #12 MOTION for Preliminary Injunction filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON. (Attachments: #1 Declaration of Churee Jones, #2 Declaration of Michael Carr, #3 Declaration of Rick Winter, #4 FMC Carswell, Institutional Supplement, CRW 5324.08e)(Walker, Johnny) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 22 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/17/2020. Answer due for ALL FEDERAL DEFENDANTS by 1/16/2021. (Nunn, Robin) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 21 NOTICE Regarding Plaintiff's Execution Date by LISA MONTGOMERY (Attachments: #1 Exhibit Order in 20-cv-3261)(Spitzer, Arthur) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 20 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/17/20. (Nunn, Robin) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 19 Memorandum in opposition to re #13 MOTION to Reassign Case Under 28 U.S.C. 455(a) MOTION for Disclosure of Evidence filed by WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON. (Walker, Johnny) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE by LISA MONTGOMERY re Order by LISA MONTGOMERY. (Nunn, Robin) Modified docket event/text on 11/20/2020 (eg). [Transferred from District of Columbia on 12/1/2020.] |
| Filing 17 NOTICE of Appearance- Pro Bono by Anjana Samant on behalf of All Plaintiffs (Samant, Anjana) [Transferred from District of Columbia on 12/1/2020.] |
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MINUTE ORDER TO SHOW CAUSE. The Plaintiff shall, on or before 11/19/2020, SHOW CAUSE as to why this case should not be transferred to the Northern District of Texas, or elsewhere. See Cameron v. Thornburgh, 983 F.2d 253, 256 (D.C. Cir. 1993) ("Courts in this circuit must examine challenges to personal jurisdiction and venue carefully to guard against the danger that a plaintiff might manufacture venue in the District of Columbia. By naming high government officials as defendants, a plaintiff could bring a suit here that properly should be pursued elsewhere."). The Defendants shall file their response on or before 11/21/2020 addressing which venue, if not the Northern District of Texas, would be appropriate. The Plaintiff shall file a reply, if any, on or before 11/23/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/18/2020. (lctnm2) [Transferred from District of Columbia on 12/1/2020.]
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| Filing 16 NOTICE of Appearance- Pro Bono by Brian Stull on behalf of All Plaintiffs (Stull, Brian) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 15 SUMMONS (1) Issued Electronically as to U.S. Attorney (Attachment: #1 Notice and Consent)(adh, ) [Transferred from District of Columbia on 12/1/2020.] |
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MINUTE ORDER granting in part and denying in part Plaintiff's #14 Emergency Motion to Shorten Time. Defendants shall respond to Plaintiff's #13 Motion to Reassign Case on or before November 20, 2020. Plaintiff's reply, if any, is due November 23, 2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/17/2020. (lctnm3) [Transferred from District of Columbia on 12/1/2020.]
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| Set/Reset Deadlines: Defendants' response to Plaintiff's #13 Motion due by 11/20/2020. Plaintiff's reply due by 11/23/2020. (hmc) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 14 Emergency MOTION to Shorten Time for Response to Plaintiffs Motion to Reassign re #13 MOTION to Reassign Case Under 28 U.S.C. 455(a) MOTION for Disclosure of Evidence by LISA MONTGOMERY (Attachments: #1 Text of Proposed Order)(Nunn, Robin) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 13 MOTION to Reassign Case Under 28 U.S.C. 455(a), MOTION for Disclosure of Evidence by LISA MONTGOMERY (Attachments: #1 Text of Proposed Order)(Nunn, Robin) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 12 MOTION for Preliminary Injunction by LISA MONTGOMERY (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Text of Proposed Order)(Nunn, Robin) [Transferred from District of Columbia on 12/1/2020.] |
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MINUTE ORDER. The briefing schedule set during this Court's 11/13/2020 Telephonic Status Conference is modified as follows: The Defendants shall file their opposition to the Plaintiff's Motion for Preliminary Injunction on or before 11/20/2020. The Plaintiff shall file a reply, if any, on or before 11/23/2020. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/16/2020. (lctnm2) [Transferred from District of Columbia on 12/1/2020.]
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| Minute Entry for proceedings held before Judge Trevor N. McFadden: Telephonic Status Conference held on 11/13/2020. Plaintiff's Motion for Preliminary Injunction due by 11/16/2020. Defendants' Opposition due by 11/23/2020. Plaintiff's Reply, if any, due by close of business on 11/25/2020. (Court Reporter: Crystal Pilgrim.) (hmc) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 11 NOTICE of Appearance- Pro Bono by Cassandra Stubbs on behalf of All Plaintiffs (Stubbs, Cassandra) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 10 NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 20-3261 (D.D.C.). (Walker, Johnny) [Transferred from District of Columbia on 12/1/2020.] |
| Set/Reset Hearings: Telephonic Status Conference set for 11/13/2020 at 10:00 AM before Judge Trevor N. McFadden. (hmc) [Transferred from District of Columbia on 12/1/2020.] |
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MINUTE ORDER. The parties shall appear for a status conference on November 13, 2020, at 10:00 a.m., before Judge Trevor N. McFadden. The hearing will be held by telephone. Dial-in instructions have been emailed to counsel. SO ORDERED. Signed by Judge Trevor N. McFadden on 11/12/2020. (lctnm3) [Transferred from District of Columbia on 12/1/2020.]
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| Filing 9 NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 8 REQUEST FOR SUMMONS TO ISSUE US Attorney for DC filed by LISA MONTGOMERY.(Nunn, Robin) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 7 NOTICE of Appearance by Robin Nunn on behalf of LISA MONTGOMERY (Nunn, Robin) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 6 SUMMONS (7) Issued Electronically as to WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON. (Attachment: #1 Notice and Consent)(adh, ) [Transferred from District of Columbia on 12/1/2020.] |
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Filing 5
STANDING ORDER Establishing Procedures for Cases Before Judge Trevor N. McFadden. The parties are hereby ORDERED to read and comply with the directives in the attached standing order. Signed by Judge Trevor N. McFadden on 11/9/2020. (lctnm2) [Transferred from District of Columbia on 12/1/2020.]
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| Filing 4 ERRATA by LISA MONTGOMERY #1 Complaint, filed by LISA MONTGOMERY. (Attachments: #1 Amended Signature pages)(Marvin, David) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 3 NOTICE of Appearance by Arthur B. Spitzer on behalf of LISA MONTGOMERY (Spitzer, Arthur) [Transferred from District of Columbia on 12/1/2020.] |
| MINUTE ORDER granting #2 Motion for Leave to Appear Pro Hac Vice. Attorney Robin Nunn is hereby admitted to appear pro hac vice in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. (lctnm2) [Transferred from District of Columbia on 12/1/2020.] |
| Case Assigned to Judge Trevor N. McFadden. (zsb) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 2 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Robin Nunn, Filing fee $ 100, receipt number ADCDC-7807383. Fee Status: Fee Paid. by LISA MONTGOMERY (Attachments: #1 Declaration of Robin Nunn, #2 Text of Proposed Order)(Marvin, David) [Transferred from District of Columbia on 12/1/2020.] |
| Filing 1 COMPLAINT against WILLIAM P. BARR, MICHAEL CARR, MICHAEL CARVAJAL, FEDERAL BUREAU OF PRISONS, ALIX MCLEAREN, T.J. WATSON ( Filing fee $ 400 receipt number ADCDC-7807351) filed by LISA MONTGOMERY. (Attachments: #1 Civil Cover Sheet, #2 Summons - Barr, #3 Summons - Federal Bureau of Prisons, #4 Summons - Carvajal, #5 Summons - Carr, #6 Summons - Watson, #7 Summons - McLearen)(Marvin, David) [Transferred from District of Columbia on 12/1/2020.] |
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