GILLENS v. CARVAJAL et al
| ROBERT GILLENS |
| Director Michael Carvajal, Doe 1, K. Craddock, Correctional Officer S. Hixenbaugh, R. McCaffrey, Ian Connors and J.C. PETRUCCI |
| 5:2023cv00314 |
| October 5, 2023 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| James P Mazzone |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 26 RETURN RECEIPT as to #25 Order. SERVICE ACCEPTED on 11/20/23. (lmm) |
Filing 25
ORDER. #24 Motion is GRANTED. The Clerk is directed to send plaintiff a copy of this Court's Bivens packet. Once plaintiff has submitted his Complaint on the court-approved form, the Clerk is directed to file the Complaint under this case number. Signed by Magistrate Judge James P. Mazzone on 11/15/23. (Pro Se Plaintiff via CM/rrr w/Bivens packet with case # on it) (lmm) (Additional attachment(s) added on 11/15/2023: #1 Certified Mail Return Receipt) (lmm).
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| Filing 24 PLAINTIFF'S MOTION FOR COURT FORMS FOR A FEDERAL PRISONER TO FILE A CIVIL ACTION AND AN EXTENSION OF TIME TO RESOLVE FILING FEE MATTERS by ROBERT GILLENS. (Attachments: #1 copy of NODP, #2 Cover Letter, #3 Envelope)(lmm) |
| Filing 23 RETURN RECEIPT as to #22 Notice. SERVICE ACCEPTED on 10/10/23. (lmm) |
| Filing 22 NOTICE OF DEFICIENT PLEADING AND INTENT TO DISMISS. (Attachments: #1 1983 Packet) (Pro Se Plaintiff via CM/rrr) (lmm) (Additional attachment(s) added on 10/5/2023: #2 Certified Mail Return Receipt) (lmm). |
| Filing 21 Case transferred in from District of District of Columbia; Case Number 1:22-cv-01645. (lmm) |
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Filing 20
MEMORANDUM ORDER granting in part Defendants' #11 Motion to Dismiss or, Alternatively, Transfer; dismissing claims against Defendants Carvajal, Connors, and Petrucci; and transferring the case to the U.S. District Court for the Northern District of West Virginia. See Order for details. Signed by Judge Timothy J. Kelly on 9/13/2023. (lctjk1) [Transferred from District of Columbia on 10/5/2023.]
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| Filing 19 MOTION for Leave to File Surreply by ROBERT GILLENS. (ztth) (Additional attachment(s) added on 9/13/2023: #1 Exhibit - Amended Complaint) (ztth). [Transferred from District of Columbia on 10/5/2023.] |
| Filing 18 REPLY to opposition to motion re #11 MOTION to Dismiss or, Alternatively to Transfer MOTION to Transfer Case filed by MICHAEL CARVAJAL, IAN CONNORS, K. CRADDOCK, S. HIXENBAUGH, R. MCCAFFREY, J.C. PETRUCCI. (Sampat, Dhruman) [Transferred from District of Columbia on 10/5/2023.] |
| Filing 17 Memorandum in opposition to #11 Motion to Dismiss, Motion to Transfer Case, filed by ROBERT GILLENS. (ztth) [Transferred from District of Columbia on 10/5/2023.] |
| Filing 16 ERRATA by ROBERT GILLENS re #1 Complaint. "Leave to file GRANTED" by Judge Timothy J. Kelly on 4/28/23. (ztth) [Transferred from District of Columbia on 10/5/2023.] |
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MINUTE ORDER granting Plaintiff's #14 Motion for Leave to File His Opposition to Defendants' Motion to Dismiss or, Alternatively, to Transfer. It is hereby ORDERED that, with Defendants' consent (ECF No. 15) and for good cause shown, Plaintiff's #14 motion for leave to file his opposition to Defendants' #11 motion to dismiss or transfer is GRANTED. The Clerk of Court is directed to docket ECF No. 14-1. It is further ORDERED that Defendants shall file any reply in support of their #11 motion by May 12, 2023. Signed by Judge Timothy J. Kelly on 4/28/2023. (lctjk1) [Transferred from District of Columbia on 10/5/2023.]
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| Filing 15 RESPONSE re #14 MOTION for Leave to File Not Opposing Plaintiff's Request filed by MICHAEL CARVAJAL, IAN CONNORS, K. CRADDOCK, DOE #1, S. HIXENBAUGH, R. MCCAFFREY, J.C. PETRUCCI. (Sampat, Dhruman) [Transferred from District of Columbia on 10/5/2023.] |
| Filing 14 MOTION for Leave to File Plaintiff's Opposition to the Defendant's Motion to Dismiss or, Alternatively, to Transfer Out of Time for Extraordinary Reasons by ROBERT GILLENS. (Attachments: #1 Exhibit - Plaintiff's Opposition, #2 Exhibits - to Plaintiff's Opposition)(ztth) [Transferred from District of Columbia on 10/5/2023.] |
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MINUTE ORDER treating as opposed and granting Plaintiff's #13 Motion to Extend Time. It is hereby ORDERED that, for good cause shown, Plaintiff's motion for an extension of time to respond to Defendants' #11 motion to dismiss is GRANTED. It is further ORDERED that Plaintiff shall respond to Defendants' #12 motion by April 9, 2023. Signed by Judge Timothy J. Kelly on 3/13/2023. (lctjk1) [Transferred from District of Columbia on 10/5/2023.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss or, Alternatively to Transfer MOTION to Transfer Case by ROBERT GILLENS. (ztth) [Transferred from District of Columbia on 10/5/2023.] |
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Filing 12
ORDER advising Plaintiff to respond by March 9, 2023 to Defendants' #11 Motion to Dismiss, or Alternatively, to Transfer. Signed by Judge Timothy J. Kelly on 2/7/2023. (lctjk1) [Transferred from District of Columbia on 10/5/2023.]
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| Filing 11 MOTION to Dismiss or, Alternatively to Transfer by MICHAEL CARVAJAL, IAN CONNORS, K. CRADDOCK, DOE #1, S. HIXENBAUGH, R. MCCAFFREY, J.C. PETRUCCI. (Attachments: #1 Memorandum in Support of Defendants' Motion to Dismiss, #2 Text of Proposed Order)(Sampat, Dhruman). Added MOTION to Transfer Case on 2/6/2023 (ztth). [Transferred from District of Columbia on 10/5/2023.] |
| Filing 10 NOTICE of Appearance by Dhruman Y. Sampat on behalf of MICHAEL CARVAJAL, IAN CONNORS, K. CRADDOCK, S. HIXENBAUGH, R. MCCAFFREY, J.C. PETRUCCI (Sampat, Dhruman) [Transferred from District of Columbia on 10/5/2023.] |
| Filing 9 RESPONSE TO ORDER OF THE COURT re MINUTE Order filed on 10/28/2022 re Motion for Miscellaneous Relief, Order on Motion for Extension of Time. filed by ROBERT GILLENS. (ztth) [Transferred from District of Columbia on 10/5/2023.] |
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MINUTE ORDER treating as opposed and granting Defendant Carvajal's #8 Motion to Extend Time. It is hereby ORDERED that, for good cause shown, Defendant's motion for an extension of time is GRANTED. It is further ORDERED that Defendant shall answer or otherwise respond to Plaintiff's complaint by February 3, 2023. Signed by Judge Timothy J. Kelly on 11/17/2022. (lctjk1) [Transferred from District of Columbia on 10/5/2023.]
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| Filing 8 First MOTION for Extension of Time to Respond to Plaintiff's Complaint by MICHAEL CARVAJAL. (Sampat, Dhruman) [Transferred from District of Columbia on 10/5/2023.] |
| Filing 7 NOTICE of Appearance by Dhruman Y. Sampat on behalf of MICHAEL CARVAJAL (Sampat, Dhruman) [Transferred from District of Columbia on 10/5/2023.] |
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MINUTE ORDER granting in part and denying in part Plaintiff's #6 Motion for Additional Service and for Extension of Time. Upon consideration of Plaintiff's Motion, the Court finds that Plaintiff still has not submitted to the Court proper proof of service under Fed. R. Civ. P. 4(i). So to the extent Plaintiff moves the Court to accept Exhibit A to his #6 Motion as proof of service, it is hereby ORDERED that request is DENIED. But it is further ORDERED that Plaintiff's motion for an extension of time to file such proof is hereby GRANTED. Although Plaintiff has submitted U.S. Postal Service certified mail receipts purporting to reflect proof of service on each named defendant, the Court has not received such proof as to the Attorney General or U.S. Attorney for the District of Columbia, which Rules 4(i)(1)(A)(i), (B) require. Plaintiff shall therefore file any additional proof of service on the Attorney General and U.S. Attorney by November 18, 2022. Signed by Judge Timothy J. Kelly on 10/28/2022. (lctjk1) [Transferred from District of Columbia on 10/5/2023.]
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| Filing 6 MOTION for Additional Proof of Service, MOTION for Extension of Time to by ROBERT GILLENS. (ztth) [Transferred from District of Columbia on 10/5/2023.] |
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MINUTE ORDER: The Court is in receipt of Plaintiff's #4 letter dated September 6, 2022, and #5 letter dated September 10, 2022. Together, they purport to include proof of timely service. But upon the Court's review of the letters and their seemingly identical enclosures, it does not appear that they reflect proper service of any party under Rule 4(i). To avoid dismissal of this action under Rule 4(m), it is hereby ORDERED that Plaintiff shall file any additional proof of service with the Court or request and show good cause for an extension of time to complete service, by October 17, 2022. Signed by Judge Timothy J. Kelly on 9/26/2022. (lctjk1) [Transferred from District of Columbia on 10/5/2023.]
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| Filing 5 AFFIDAVIT by ROBERT GILLENS. (ztth) [Transferred from District of Columbia on 10/5/2023.] |
| Filing 4 AFFIDAVIT of Mailing by ROBERT GILLENS. (ztth) [Transferred from District of Columbia on 10/5/2023.] |
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MINUTE ORDER: Plaintiff is reminded that under Federal Rule of Civil Procedure 4(m), he must serve Defendants with the summons and a copy of the complaint "within 90 days after the complaint is filed." Fed. R. Civ. P. 4(m). "To serve a United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf (whether or not the officer or employee is also sued in an official capacity), a party must serve the United States and also serve the officer or employee under Rule 4(e), (f), or (g)." Fed. R. Civ. P. 4(i)(3). Serving the United States requires effectuating service on the appropriate United States Attorney's Office as well as the Attorney General of the United States under Rule 4(i)(1). It is hereby ORDERED that Plaintiff shall effectuate and file proof of service with the Court by September 6, 2022, or request and show good cause for an extension. See Fed. R. Civ. P. 4(m) ("If a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time."). Signed by Judge Timothy J. Kelly on 8/15/2022. (lctjk1) [Transferred from District of Columbia on 10/5/2023.]
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Filing 3
STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 7/26/2022. (lctjk1) [Transferred from District of Columbia on 10/5/2023.]
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| Summons (6) Issued as to MICHAEL CARVAJAL, IAN CONNORS, K. CRADDOCK, S. HIXENBAUGH, R. MCCAFFREY, J.C. PETRUCCI. (ztth) [Transferred from District of Columbia on 10/5/2023.] |
| Filing 2 REQUEST FOR SUMMONS TO ISSUE filed by ROBERT GILLENS.(ztth) [Transferred from District of Columbia on 10/5/2023.] |
| Filing 1 COMPLAINT against MICHAEL CARVAJAL, IAN CONNORS, K. CRADDOCK, DOE #1, S. HIXENBAUGH, R. MCCAFFREY, J.C. PETRUCCI (Filing fee $ 402, receipt number 202329) filed by ROBERT GILLENS. (Attachments: #1 Civil Cover Sheet)(ztth) [Transferred from District of Columbia on 10/5/2023.] |
| SUMMONS Not Issued as to MICHAEL CARVAJAL, IAN CONNORS, K. CRADDOCK, S. HIXENBAUGH, R. MCCAFFREY, J.C. PETRUCCI. (ztth) [Transferred from District of Columbia on 10/5/2023.] |
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