Terry v. Federal Bureau of Prisons et al
| Osiris C. Terry |
| William P. Barr, Federal Bureau of Prisons and Merrick B. Garland |
| 1:2021cv00701 |
| August 12, 2021 |
| US District Court for the Western District of Texas |
| Austin Office |
| Robert Pitman |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| None |
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| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Dustin M. Howell. (jkda) |
| Filing 24 Case Opening and Transfer Letter sent to all Counsel. (cj) |
| Filing 23 Case electronically transferred in from District of Hawaii; Case Number 1:21-cv-00007. |
Filing 22
ORDER GRANTING IN PART DEFENDANT'S MOTION TO DISMISS AND TRANSFERRING REMAINING CLAIMS re #16 - Signed by JUDGE DERRICK K. WATSON on 8/12/2021. The Government's motion to dismiss, Dkt. No. 16, is GRANTED IN PART. The following claims are DISMISSED WITH PREJUDICE: 1. The BOP discriminated/retaliated against Terry by reassigning him after the April 2016 visiting room incident; 2. The BOP created a hostile work environment by requiring Terry to supervise a unit of inmates, including an inmate who had previously threatened/acted hostile toward him; and 3. The BOP discriminated/retaliated against Terry by launching an investigation in 2017 into his conduct. The remaining claims that the BOP discriminated or retaliated against Terry by failing to select him for two positions at FCI Bastrop to which he had applied - survive. However, the Court exercises its discretion to transfer these remaining claims to the Western District of Texas, Austin Division. The Clerk is instructed to affect such transfer forthwith. (emt, )COURT'S CERTIFICATE of Service - Osiris C. Terry served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on August 12, 2021. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). [Transferred from Hawaii on 8/12/2021.]
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| Case assigned to Judge Robert Pitman. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) |
| If ordered by the court, all referrals and consents in this case will be assigned to a Magistrate Judge. (cj) |
| Filing 21 EO: Pursuant to Local Rule 7.1(c), the Court will decide #16 Defendant's Motion to Dismiss Complaint or in the Alternative for Summary Judgment without a hearing. The hearing on the motion set for 8/6/2021 before Judge Derrick K. Watson is VACATED. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 8/12/2021.] |
| Filing 20 Defendant's REPLY in Support Of #16 Motion To Dismiss [ECF NO. 16]; COS filed by Federal Bureau of Prisons, Merrick B. Garland. (Barbata, Dana) Modified on 7/23/2021 (emt, ). [Transferred from Hawaii on 8/12/2021.] |
| Filing 19 Plaintiff of the Federal Bureau of Prison's CONCISE STATEMENT of Facts in Opposition to a Summary Judgment re #16 - filed by Osiris C. Terry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(emt, ) [Transferred from Hawaii on 8/12/2021.] |
| Filing 18 NOTICE of Hearing on Defendants' #16 Motion to Dismiss Complaint or in the Alternative for Summary Judgment is set for 8/6/2021 at 09:30 AM in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing shall be due in accordance with Local Rule 7.2.(tyk)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 8/12/2021.] |
| Filing 17 Concise Statement in Support re #16 MOTION to Dismiss MOTION TO DISMISS COMPLAINT OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT; MEMORANDUM IN SUPPORT OF MOTION; DECLARATION OF CAROLYN VINES SAPLA; DECLARATION OFJOHN PLATIS; EXHIBITS A-O; COS filed by Merrick B. Garland. (Attachments: #1 Declaration Carolyn Vines Sapla, #2 Exhibit "A", #3 Exhibit "B", #4 Exhibit "D", #5 Exhibit "F", #6 Exhibit "H", #7 Exhibit "J", #8 Exhibit "N")(Barbata, Dana) [Transferred from Hawaii on 8/12/2021.] |
| Filing 16 MOTION to Dismiss MOTION TO DISMISS COMPLAINT OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT; MEMORANDUM IN SUPPORT OF MOTION; DECLARATION OF CAROLYN VINES SAPLA; DECLARATION OFJOHN PLATIS; EXHIBITS A-O; COS Dana A. Barbata appearing for Defendant Merrick B. Garland (Attachments: #1 Memorandum Memorandum In Support Of Motion, #2 Declaration Declaration of Carolyn Vines Sapla, #3 Declaration Declaration of John Platis, #4 Exhibit "A", #5 Exhibit "B", #6 Exhibit "C", #7 Exhibit "D", #8 Exhibit "E", #9 Exhibit "F", #10 Exhibit "G", #11 Exhibit "H", #12 Exhibit "I", #13 Exhibit "J", #14 Exhibit "K", #15 Exhibit "L", #16 Exhibit "M", #17 Exhibit "N", #18 Exhibit "O")(Barbata, Dana) [Transferred from Hawaii on 8/12/2021.] |
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Filing 15
RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KENNETH J. MANSFIELD on 5/3/2021. COURT'S CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail on May 4, 2021 to the addresses of record listed on the Notice of Electronic Filing (NEF)(jni) [Transferred from Hawaii on 8/12/2021.]
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| Filing 14 EP: RULE 16 SCHEDULING CONFERENCE hearing held. Dates given. Court to prepare Scheduling Order. Non-Jury Trial is set for 05/02/2022 at 9:00 a.m. in Aha Kupono before JUDGE DERRICK K. WATSON. Final Pretrial Conference is set for 03/22/2022 at 9:45 a.m. via Telephone before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference is set for 02/02/2022 at 10:00 a.m. by Video Tele-Conference (VTC) before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 12/01/2021. Discovery due by 03/04/2022. (AT&T Service / 8:59 - 9:08) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). This Notice of Electronic Filing (NEF) was also emailed to Pro Se Plaintiff Osiris C. Terry at the email address of osiris.terry@yahoo.com on 05/03/2021. [Transferred from Hawaii on 8/12/2021.] |
| Filing 13 Scheduling Conference Statement Defendant's Rule 16 Scheduling Conference;COS. (Barbata, Dana) [Transferred from Hawaii on 8/12/2021.] |
| Filing 12 REPORT of Planning Meeting ;COS. (Barbata, Dana) [Transferred from Hawaii on 8/12/2021.] |
| Filing 11 Plaintiff of the Federal Bureau of Prison's Scheduled Conference Preparation; Certificate of Service - by Osiris C. Terry. (Attachments: #1 Mailing Documentation)(emt, ) [Transferred from Hawaii on 8/12/2021.] |
| Filing 10 EP: FURTHER STATUS CONFERENCE hearing held. Discussion held. The Government accepts service. Mailing and contact information of the Plaintiff confirmed.Telephonic Rule 16 Scheduling Conference is set for May 3, 2021 at 9:00 a.m. before MagistrateJudge Kenneth J. Mansfield. Scheduling conference statements are due by April 26, 2021.Until further notice, all other hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (AT&T Service / 9:40 - 9:50) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 8/12/2021.] |
| Filing 9 NOTICE of Appearance by Dana A. Barbata on behalf of William P. Barr, Federal Bureau of Prisons on behalf of William P. Barr, Federal Bureau of Prisons. (Barbata, Dana) [Transferred from Hawaii on 8/12/2021.] |
| Filing 8 EP: STATUS CONFERENCE hearing held. Discussion held between the Court and Mr. Terry regarding the status of service. Further Telephonic Status Conference is set for 04/01/2021 at 9:30 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Until further notice, all other hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668(AT&T Service / 9:42 - 9:49) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 8/12/2021.] |
| Filing 7 EO: The Court VACATES the Rule 16 Scheduling Conference and SETS a telephonic Status Conference for 3/1/2021, at 09:30 AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. In accordance with the United States District Court for the District of Hawaii's latest Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency and the Order Authorizing the Use of Telephonic and Video Hearings, due to the ongoing COVID-19 pandemic and public health emergency, including the anticipated long term need to maintain certain social distancing and other measures intended to protect the public, court employees, and counsel from being exposed to the COVID-19 virus, while at the same time regulating civil matters in a manner consistent with equity and fairness, the status conference will be held telephonically. Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(mansfield3)COURTS CERTIFICATE of Service - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from Hawaii on 8/12/2021.] |
| Filing 6 PROOF OF SERVICE as to William Barr - by Osiris C. Terry. William Barr served via FedEx on 1/20/2021. (emt, ) [Transferred from Hawaii on 8/12/2021.] |
| Filing 5 Summons Issued as to William P. Barr, Attorney General. (emt, ) [Transferred from Hawaii on 8/12/2021.] |
| Filing 4 COMPLAINT for Employment Discrimination against All Defendants - filed by Osiris C. Terry. (Attachments: #1 Exhibit (1-29), #2 Mailing Documentation)(emt, ) [Transferred from Hawaii on 8/12/2021.] |
| COURT'S CERTIFICATE of Service - a copy of Advisory Entry-Personal Identifiers has been served by First Class Mail to Osiris C. Terry at the address of record on January 6, 2021. A blank summons form was included in the mailing to Mr. Terry. (emt, ) [Transferred from Hawaii on 8/12/2021.] |
| ADVISORY ENTRY. Personal Identifiers - Please be advised that exhibits submitted in support of the #1 Complaint filed by Osiris C. Terry, contains personal identifiers. To comply with the policy of the Judicial Conference of the United States and the E-Government Act of 2002, and to promote electronic access to case files while also protecting personal privacy and other legitimate interests, parties shall refrain from including or shall partially redact when inclusion is necessary (the redaction requirements pertain to social security numbers, dates of birth, the names of minor children, financial account numbers and full addresses, see 13.0 Privacy and Redactions of the CM/ECF Procedures Guide). (emt, ) [Transferred from Hawaii on 8/12/2021.] |
| Filing 3 Filing fee: $ 402, receipt number HI029946 re #1 Complaint. (emt, ) [Transferred from Hawaii on 8/12/2021.] |
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Filing 2
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 3/1/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 1/4/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(emt, )COURT'S CERTIFICATE of Service - Osiris C. Terry served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on January 5, 2021. [Transferred from Hawaii on 8/12/2021.]
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| Filing 1 COMPLAINT for Employment Discrimination against All Defendants - filed by Osiris C. Terry. (Filing fee: $ 402, receipt number HI029946) (Attachments: #1 Exhibit (1-29) (RESTRICTED) , #2 Mailing Documentation) Note: Exhibit(s) were not labeled and scanned as one pdf. (emt, ) Modified on 1/6/2021 Exhibits are restricted to case participants due to the disclosure of personal identifiers (emt, ). [Transferred from Hawaii on 8/12/2021.] |
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