Burgess v. Commonwealth of Virginia et al
| Earl Dushawn Burgess |
| Virginia Commonwealth of and Virginia Department of Corrections |
| 2:2024cv00235 |
| April 11, 2024 |
| US District Court for the Eastern District of Virginia |
| Raymond A Jackson |
| Douglas E Miller |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 11 Consent to Collection of Fees by Earl Dushawn Burgess. (Attachments: #1 Envelope)(jmey) |
Filing 10
ORDER. If Plaintiff wishes to proceed in forma pauperis, Plaintiff is ORDERED to sign the enclosed Consent to Collection of Fees form and RETURN IT TO THE COURT within thirty (30) days of the entry date of this Order. If Plaintiff does not wish to proceed in forma pauperis. Plaintiff is ORDERED to pay both the $350.00 statutory filing fee and $55.00 administrative fee (a total of $405.00) within thirty (30) days of the entry date of this Order. Plaintiff is further ORDERED to comply with the procedural requirements outlined in the enclosed document titled "Selected Procedural Information for Prisoners Who Have Filed a Civil Rights Complaint." The Clerk is DIRECTED to send a copy of this Order, a copy of the Consent to Collection of Fees form, and a copy of the document titled "Selected Procedural Information for Prisoners Who Have Filed a Civil Rights Complaint" to Plaintiff. Signed by District Judge Raymond A. Jackson on 5/7/2024. Copies mailed 5/7/2024. (Attachments: #1 Consent to Collection of Fees form and Selected Procedural Information for Prisoners Who Have Filed a Civil Rights Complaint) (jmey)
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| Filing 9 Case transferred in from District of New York Eastern; Case Number 1:24-cv-00214. Original file and docket sheet received. (Additional attachment(s) added on 4/11/2024: #2 Prisoner Data Report) (ldab, ). |
| Notification of transfer of 1983 Prisoner Civil Rights case from the Eastern District of NY Case No. 1:24cv214 to the Eastern District of Virginia. (ldab, ) |
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Filing 8
ORDER -- For the reasons stated, this action is transferred to the United States District Court for the Eastern District of Virginia. The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of Virginia. The Court defers ruling on plaintiff's application to proceed in forma pauperis ("IFP"). A summons shall not issue from this Court. The Clerk of Court is directed to mark this case closed and to mail a copy of this Order to plaintiff. 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 IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962). Ordered by Judge Natasha C. Merle on 4/5/2024. (copy mailed). Case transferred to District of Virginia, Eastern. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (AG) [Transferred from New York Eastern on 4/11/2024.]
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by Earl Dushawn Burgess. (JP) [Transferred from New York Eastern on 4/11/2024.] |
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ORDER granting #6 Letter MOTION for Extension of Time to File Response/Reply -- Plaintiff's motion for extension to resolve deficiency #6 is granted. Plaintiff shall resolve the case deficiency by submitting the filing fee or an application to proceed in forma pauperis by March 25, 2024. Ordered by Judge Natasha C. Merle on 2/22/2024. (copy mailed). (AG) [Transferred from New York Eastern on 4/11/2024.]
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| Filing 6 Letter MOTION for Extension of Time to File Response/Reply . Plaintiff is requesting a 30 day extension of time to respond so as to not have his case be dismissed filed by Earl Dushawn Burgess. (JVC) [Transferred from New York Eastern on 4/11/2024.] |
| Filing 5 Letter from Earl Dushawn Burgess to the Clerk of Court dated 01/29/24 re: request to resend the correspondence that was returned due to a misunderstanding of legal mail policy. See letter for details. (JP) [Transferred from New York Eastern on 4/11/2024.] |
| Filing 4 Mail Returned as Undeliverable due to Unauthorized Correspondence. Per Virgina Department of Corrections, Legal Mail must be sent directly to the Central Mail Distribution Center (3521 Woods Way, State Farm, VA 23160) (JP) [Transferred from New York Eastern on 4/11/2024.] |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) [Transferred from New York Eastern on 4/11/2024.] |
| Filing 2 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days (pro se c/m- DMB 1/10/24). (CV) [Transferred from New York Eastern on 4/11/2024.] |
| Filing 1 COMPLAINT against Commonwealth of Virginia, Virginia Department of Corrections, filed by Earl Dushawn Burges. (Attachments: #1 Civil Cover Sheet, #2 Mailing Envelope) (CV) [Transferred from New York Eastern on 4/11/2024.] |
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