Michael Fiorito v. Dr. Anderson et al
| Michael Fiorito |
| Ian Connors, TFC Edwards, Bishop, Dr. Thomas Love, Dr. Peikar, United States of America, Gomez, Stewart, Brown, C.O. Anderson, Poyner, John and Jane Does, Hoang, Thomas Love, Keller, Coleman, Dr. Gomez, Guthrie, Entzel, Weaver, Dr. Bueno, Doe Defendants and Dr. Anderson |
| 1:2018cv00182 |
| September 26, 2018 |
| US District Court for the Northern District of West Virginia |
| Clarksburg Office |
| Michael John Aloi |
| Irene M Keeley |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on November 27, 2018. A more recent docket listing may be available from PACER.
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| Filing 27 Letter/RESPONSE by Michael Fiorito to #25 REPORT AND RECOMMENDATIONS re #1 Complaint filed by Michael Fiorito. (Attachments: #1 Envelope)(mh) |
| Filing 26 RETURN RECEIPT as to #25 REPORT AND RECOMMENDATIONS re #1 Complaint filed by Michael Fiorito. SERVICE ACCEPTED on (Per USPS delivery status of this item has not been updated since 11/3/18). (mh) |
Filing 25
REPORT AND RECOMMENDATION re #1 Complaint filed by Michael Fiorito. Within fourteen (14) days after being served with a copy of this Recommendation, any party may file written objections with the Clerk of the Court, identifying the portions of the Recommendation to which objections are made. The clerk of court is DIRECTED to terminate the Magistrate Judge association with this case until further Order of the District Judge. Signed by Magistrate Judge Michael John Aloi on 10/29/18. (To PS Plaintiff via cert. mail)(mh) (Additional attachment(s) added on 10/30/2018: #1 Certified Mail Return Receipt) (mh).
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| Filing 24 LETTER from Michael Fiorito to United States Magistrate Judge Aloi. (Attachments: #1 Envelope)(jmm) |
| Filing 23 Plaintiff's Motion to Withdraw/Dismiss titled Motion for Clarification by Michael Fiorito. (Attachments: #1 Cover letter to Clerk, #2 Envelope)(mh) Modified on 10/26/2018 to correct text (mh). |
| Filing 22 RETURN RECEIPT as to #19 Notice #20 Order and #21 Order. SERVICE ACCEPTED on (Per USPS as of 10/5/18, Status: In Transit). (mh) |
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Filing 21
ORDER DIRECTING CLERK TO SEND COPY OF ORDER GRANTING PERMISSION TO PROCEED AS A PAUPER TO PRISON TRUSTEE OFFICER AT PLAINTIFFS PRESENT INSTITUTION AND REQUIRING PAYMENT OF PREVIOUSLY-ASSESSED INITIAL PARTIAL FILING FEE. The Clerk of Court is DIRECTED to send a copy of District Court for the Central District of Californias May 16, 2018 Order granting Plaintiff permission to proceed as a pauper and directing that the IPFF of $47.00 be paid ECF No. #5 to the Prison Trustee Clerk at USP Atlanta. Plaintiff is advised that he has thirty days from the date of this Order in which to pay this fee, or his case will be recommended for dismissal. Signed by Magistrate Judge Michael John Aloi on 10/1/18. (To Trustee Clerk w/ #5 Order at USP Atlanta and PS Plaintiff via cert. mail)(mh) (Additional attachment(s) added on 10/1/2018: #1 Certified Mail Return Receipt) (mh). (Additional attachment(s) added on 10/1/2018: #2 Certified Mail Return Receipt) (mh).
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Filing 20
ORDER DIRECTING CLERK TO CORRECT DOCKET BY TERMINATING CALIFORNIA DEFENDANTS AND/OR DEFENDANTS SEVERED OR WHO SHOULD HAVE BEEN SEVERED FROM THIS ACTION WHEN THE CASE WAS TRANSFERRED TO THIS DISTRICT. The Clerk is directed to correct the docket, terminating Defendants Love, Gomez, Edwards, Keller, Guthrie, Brown, Stewart, Peikar, Bueno, Coleman, Hoang, Entzel, Poyner, Bishop, Connors and the John and Jane Does at FCI Victorville from this action. Signed by Magistrate Judge Michael John Aloi on 10/1/18. (To PS Plaintiff via cert. mail)(mh) (Additional attachment(s) added on 10/1/2018: #1 Certified Mail Return Receipt) (mh).
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| Filing 19 NOTICE OF GENERAL GUIDELINES FOR APPEARING PRO SE IN FEDERAL COURT. (To PS Plaintiff via cert. mail) (mh) (Additional attachment(s) added on 10/1/2018: #1 Certified Mail Return Receipt) (mh). |
| Filing 18 Case transferred in from District of California Central; Case Number 5:18-cv-00506. (mh) |
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Filing 17
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge John F. Walter. IT IS THEREFORE ORDERED that: (1) the claims against Ian Connor and the Doe Defendants located in Washington DC are dismissed without leave to amend; (2) the damages claims against the individual Defendants in their official capacities are dismissed without leave to amend; (3) Plaintiff's Bivens claims against Defendants Dr. Anderson, HSA Weaver, and the Doe Defendants at FCI Gilmer, as well as the FTCA claims against the United States based on these Defendants' behavior, are severed and transferred to the Northern District of West Virginia; and (4) Plaintiff's Bivens claims against Defendants Dr. Thomas Love, Dr. Gomez, Unit Manager Edwards, Ms. Brown and Mr. Stewart, as well as the FTCA claims against the United States based on these Defendants' behavior, are severed and transferred to the Eastern District of Kentucky. #16 . (sbou) [Transferred from California Central on 9/27/2018.]
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| Filing 16 AMENDED REPORT AND RECOMMENDATION issued by Magistrate Judge Karen E. Scott. Re: Complaint (Prisoner Civil Rights) #1 . For the reasons explained below, it is recommended that the claims against Defendants at FCI Gilmer and FCI Ashland be severed from this action and transferred to the appropriate districts in West Virginia and Kentucky. It is also recommended that certain claims and Defendants be dismissed without leave to amend. This Amended R&R addresses Plaintiff's objections to the initial R&R. (jdo) [Transferred from California Central on 9/27/2018.] |
| Filing 15 PLAINTIFF'S OBJECTION to Report and Recommendation (Issued), #7 filed by Plaintiff Michael Fiorito.(sbou) [Transferred from California Central on 9/27/2018.] |
| Filing 14 RESPONSE to Order on Motion for Order, #11 , filed by Plaintiff Michael Fiorito. (sbou) [Transferred from California Central on 9/27/2018.] |
| Filing 13 MINUTES (IN CHAMBERS) by Magistrate Judge Karen E. Scott: granting #12 Plaintiff's Motion for Continuance #12 and Excusing Officials at FCI Florence from Filing Updated Status Report #11 . Objections to R&R due by 9/17/2018. IT IS FURTHER ORDERED the portion of the Court's August 7, 2018 order requiring officials at FCI Florence to submit documents for in camera review and an Updated Status Report is VACATED AS MOOT. Officials need no longer submit these documents. (jdo) [Transferred from California Central on 9/27/2018.] |
| Filing 12 PLAINTIFF'S MOTION for Continuance Pursuant to Fed.R.Civ.P. filed by Plaintiff Michael Fiorito. (sbou) [Transferred from California Central on 9/27/2018.] |
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Filing 11
MINUTES (IN CHAMBERS) Order re Plaintiff's Motion to Compel (Dk. 10) by Magistrate Judge Karen E. Scott. IT IS HEREBY ORDERED that, on or before August 20, 2018, the Litigation Coordinator at FCI Florence shall submit the following for in camera review: (1) BOP documents sufficient to demonstrate when and how Plaintiff has been allowed to access the Electronic Law Library since his transfer to the SHU, and (2) BOP documents sufficient to show whether Plaintiff remains in the SHU and, if so, when he is expected to be released from the SHU. IT IS FURTHER ORDERED that, on or before August 20, 2018, the Litigation Coordinator shall also submit an Updated Status Report responding to Plaintiff's allegations that he is unable to access the Electronic Law Library in a meaningful manner due to his alleged physical disability. IT IS FURTHER ORDERED that Plaintiff's August 14 deadline for filing objections to the R&R is VACATED. The Court will set a new deadline for filing objections after receiving the requested response from FCI Florence. (See document for further details.) #10 (Attachments: #1 Attachment 1) (sbou) [Transferred from California Central on 9/27/2018.]
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| Filing 10 MOTION to Compel filed by Plaintiff Michael Fiorito. (sbou) [Transferred from California Central on 9/27/2018.] |
| Filing 9 MINUTES (IN CHAMBERS) by Magistrate Judge Karen E. Scott GRANTING Plaintiff's Motion for Extension of Time to File Objections and Request for Information from Litigation Coordinator at FCI Florence. Plaintiff has until August 14, 2018 to file objections to the R&R. (jdo) [Transferred from California Central on 9/27/2018.] |
| Filing 8 REQUEST for Extension of Time to File Objection to Report and Recommendation #7 filed by Plaintiff Michael Fiorito. (mt) [Transferred from California Central on 9/27/2018.] |
| Filing 7 REPORT AND RECOMMENDATION issued by Magistrate Judge Karen E. Scott. Re Complaint (Prisoner Civil Rights) #1 . IT IS THEREFORE RECOMMENDED that the District Court issue an Order (1) approving and accepting this R&R, (2) dismissing without leave to amend the claims against Ian Connor and the Doe Defendants located in Washington DC, and (3) dismissing without leave to amend the damages claims against the United States and the other Defendants in their official capacities, (4) severing Plaintiff's Bivens claims against Defendants Dr. Anderson, HSA Weaver, and the Doe Defendants at FCI Gilmer and transferring them to the Northern District of West Virginia, and (5) severing Plaintiff's Bivens claims against Defendants Dr. Thomas Love, Dr. Gomez, Unit Manager Edwards, Ms. Brown and Mr. Stewart, and transferring them to the Eastern District of Kentucky. (jdo) [Transferred from California Central on 9/27/2018.] |
| Filing 6 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Karen E. Scott. Objections to R&R due by 6/14/2018. (jdo) [Transferred from California Central on 9/27/2018.] |
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Filing 5
ORDER by Magistrate Judge Karen E. Scott: granting #2 REQUEST for Leave to Proceed without Prepayment of Filing Fee. It is further ORDERED that the prisoner-plaintiff owes the Court the initial filing fee of $350.00. An initial partial filing fee of $47.00 must be paid within 30 days of the date of this order. Thereafter, monthly payments shall be forwarded to the Court in accordance with this order. (jdo) [Transferred from California Central on 9/27/2018.]
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| Filing 4 Letter from Michael Fiorito (dro) [Transferred from California Central on 9/27/2018.] |
| Filing 3 NOTICE OF ASSIGNMENT to District Judge John F. Walter and referred to Magistrate Judge Karen E. Scott. (lh) [Transferred from California Central on 9/27/2018.] |
| Filing 2 REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by Plaintiff Michael Fiorito. (lh) [Transferred from California Central on 9/27/2018.] |
| Filing 1 CIVIL RIGHTS COMPLAINT filed against Defendants Anderson(Individual), Anderson(Official Capacity), Bishop(Assistant Warden, Official Capacity), Bishop(Assistant Warden, Individual), Brown, Brown, Bueno(at FCI Victorville, Individual), Bueno(at FCI Victorville, Official Capacity), Coleman(Physicians Assistant at FCI Victorville, Official Capacity), Coleman(Physicians Assistant at FCI Victorville, Individual), Ian Connors(Administrative Remedy Coordinator at BOP Central Office, Official Capacity), Ian Connors(Administrative Remedy Coordinator at BOP Central Office, Individual), Doe Defendants(at FCI Gilmer, Official Capacity), Doe Defendants(at FCI Gilmer, Individual), Edwards(Mr, Unit Manager, Individual), Edwards(Mr, Unit Manager, Official Capacity), Entzel(FCI Victorville, Individual ), Entzel(FCI Victorville, Official Capacity), Gomez(Doctor at FCI Ashland, Official Capacity), Gomez(Doctor at FCI Ashland, Individual), Guthrie(Plaintiffs Case Mngr at FCI Ashland, Official Capacity), Guthrie(Plaintiffs Case Mngr at FCI Ashland, Individual ), Hoang(Physicians Assistant at FCI Victorville, Official Capacity), Hoang(Physicians Assistant at FCI Victorville, Individual), John and Jane Does(at FCI Victorville, Individual), John and Jane Does(at FCI Victorville, Official Capacity), Keller, Thomas Love(Orthopedic Doctor at FCI Ashland, Official Capacity), Thomas Love(Orthopedic Doctor at FCI Ashland, Individual), Peikar(at FCI Victorville, Official Capacity), Peikar(at FCI Victorville, Individual ), Poyner(Health Services Administrator at FCI Victorville, Individual), Poyner(Health Services Administrator at FCI Victorville, Official Capacity), Stewart(Mr, Food Service Employee / Plaintiffs Direct Super, Individual), Stewart(Mr, Food Service Employee / Plaintiffs Direct Super, Official Capacity), United States of America, Weaver(Hospital Services Administrator, Individual) pursuant to 28:1331 Bivens. Case assigned to Judge John F. Walter and referred to Magistrate Judge Karen E. Scott., filed by Plaintiff Michael Fiorito. (lh) [Transferred from California Central on 9/27/2018.] |
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