Estate of Jerry Theodore McCallup Jr. et al v. Envoy of Williamsburg et al
| Dr. Veronica McCallup, DSC and Estate of Jerry Theodore McCallup Jr. |
| The doctors in charge of care and doctors who cared for Mr. Jerry Theodore McCallup Jr., Envoy Corporate Offices, Consulate Health Care, Envoy Affiliate Corporations, Police that took Mr. Jerry Theodore McCallup from his home, Fahad Al-Jarboua, Jeremy McCallup's Wife, Wendy Evans, Jeremy McCallup, Sentara Health Care, Department of Human Services Social Services Division, County of James City County, Ciera, Adam Kinsman, United States Army Fort Bragg, Judge Williamsburg, City of Williamsburg, Britany Moore, Scarlett Huang, Any and all insurance policies of plaintiff Jerry Theodore McCallup Jr., Sheriffs James City County Government Center, Brian L. Stevenson, Jerry Theo McCallup, Mark R. Herring, Deborah Shelton Al-Jarboua, Commonwealth Attorney and Board of Supervisors, Williamsburg Human Services, City of Williamsburg Department of Human Services and Envoy of Williamsburg |
| 3:2020cv00753 |
| September 24, 2020 |
| US District Court for the Eastern District of Virginia |
| David J Novak |
| Personal Inj. Med. Malpractice |
| 42:1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2020. A more recent docket listing may be available from PACER.
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| Assembled INITIAL Electronic Record Transmitted to 4CCA re #12 Notice of Appeal (lgar, ) |
| Filing 13 Transmission of Notice of Appeal to US Court of Appeals re #12 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lgar, ) |
| Filing 12 NOTICE OF APPEAL by Estate of Jerry Theodore McCallup Jr. and Veronica McCallup re: #11 Order. (Attachment: #1 Envelope). Filing fee was not received. (sbea,) |
Filing 11
ORDER that this matter comes before the Court on Plaintiff's Motion to File Complaint Under Seal (ECF No. #6 ) and Motion for Emergency Order to Cease and Desist (ECF No. #10 ) (please see Order for additional information.) Accordingly, finding Plaintiff's filings (ECF Nos. #6 , #9 , #10 ) to be frivolous and without an arguable basis in fact or law, the Court hereby DENIES the requested relief in each filing (ECF Nos. #6 , #9 , #10 .) The Court reaffirms that this case is DISMISSED WITH PREJUDICE, and that therefore the Court will not provide a substantive ruling on any further documents filed by Plaintiff in this case. It is so ORDERED. Signed by District Judge David J. Novak on 11/13/2020. Copy mailed to Plaintiff Dr. Veronica McCallup, DSC. (walk, )
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| Filing 10 MOTION for Emergency Order to Cease and Desist of Fahad Al-Jarboua by Veronica McCallup, DSC. (Attachments: #1 Attachments and #2 Letter from Plaintiff Dr. Veronica McCallup, DSC). (walk, ) |
| Filing 9 MOTION by Veronica McCallup, DSC to Appear Telephonically and Video Conference, Remote and Virtual. (walk, ) |
| Filing 8 SEALED First Amended Complaint (Part 2, Pages 131-239) re: #6 MOTION to File Complaint Under Seal by Veronica McCallup, DSC. (Attachments: #1 Proposed Summonses, #2 Cover Letter). (walk, ) |
| Filing 7 SEALED First Amended Complaint (Part 1, Pages 1-130) re: #6 MOTION to File Complaint Under Seal by Veronica McCallup, DSC. (walk, ) |
| Filing 6 MOTION to File Complaint Under Seal by Veronica McCallup, DSC. (Attachments: #1 Proposed Order, #2 Letter from Dr. Veronica McCallup, DSC and #3 Letter from Dr. Veronica McCallup, DSC). (walk, ). Modified docket entry on 11/06/2020. (walk, ). |
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Filing 5
ORDER that Plaintiff has failed to comply with this Court's Memorandum Order (ECF No. 3), the Court hereby DISMISSES WITH PREJUDICE Plaintiff's Complaint (ECF No. #1 ). The Court hereby notifies Plaintiff that should she wish to appeal this Order, written notice of the appeal must be filed within thirty (30) days of entry hereof. Failure to file a notice of appeal within the stated period may result in the loss of the right to appeal. This case is now CLOSED. It is so ORDERED. Signed by District Judge David J. Novak on 11/2/2020. Order was mailed to the pro se plaintiffs. (sbea, )
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Filing 4
ORDER GRANTING Plaintiffs' #2 Motion for Pro Se E-Noticing. Signed by District Judge David J. Novak on 09/30/2020. Copies sent to Plaintiff(s) electronically. (walk, )
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Filing 3
MEMORANDUM ORDER that this matter comes before the Court on pro se Plaintiffs' Motion for Leave to Proceed In Forma Pauperis. (ECF No. #1 ) (please see Memorandum Order for additional information.) Having reviewed Dr. McCallup's financial affidavit, the Court finds Dr. McCallup qualified to proceed in forma pauperis as to the claims brought by Dr. McCall up in her individual capacity. As such, the Court hereby GRANTS the Motion for Leave to Proceed in forma pauperis to the extent Dr. McCallup brings claims on her own behalf. However, the Court cannot grant in forma pauperis status to a corporation, or to an estate. Rowland v. California Men's Colony, 506 U.S. 194, 196 (1993) ("only a natural person may qualify for treatment in forma pauperis under [28 U.S.C.] 1915."); In re Estate of Van Putten, 553 F. App'x 328 (4th Cir. 2014) (denying estate's request to proceed IFP under the same rationale.). Accordingly, the Court hereby DENIES the Motion for Leave to Proceed in forma pauperis to the extent it seeks IFP status for the Estate of Jerry Theodore McCallup, Jr., or CTI, Inc. (please see Memorandum Order for additional information.) Thus, the Court hereby DISMISSES WITHOUT PREJUDICE all claims brought by Dr. McCallup on behalf of CTI, Inc., or the Estate of Jerry Theodore McCallup., Jr. Dr. McCallup may, however, bring claims in her individual capacity. Nonetheless, a review of Dr. McCallup's Complaint (ECF No. #1 ) reveals that Dr. McCallup's personal claims are so intertwined with the claims that she brings on behalf of her brother's estate and the corporation that the Court cannot intelligibly distinguish and assess the separate claims. (ECF No. #1 .) Accordingly, the Court hereby ORDERS Dr. McCallup to file a particularized amended complaint. If Dr. McCallup elects to pursue claims on behalf of her brother's estate or CTI, Inc., she shall engage counsel and cause counsel to enter a notice of appearance on behalf of the estate and the corporation and pay the required filing fee. If Dr. McCallup does not engage counsel, she may only assert claims on behalf of herself in the particularized amended complaint. The particularized amended complaint SHALL COMPLY with the following directions (please see Memorandum Order for additional information.) It is so ORDERED. Signed by District Judge David J. Novak on 09/29/2020. Copy mailed to Dr. McCallup at her address of record.(walk, )
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| Filing 2 MOTION for Pro Se E-Noticing by Estate of Jerry Theodore McCallup Jr., Veronica McCallup, DSC. (asho, ) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Veronica McCallup, DSC. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Proposed Summonses, #4 Local Rule 83.1)(asho, ) |
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