Avila v. United States of America et al
| Linda Avila |
| Nataily Wright, Federal Bureau of Prisons, United States of America, Alderson Federal Prison Camp, Dr. Nataily Wright and Dr. Natalie Wright |
| 1:2019cv00066 |
| February 11, 2019 |
| US District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| David A Faber |
| Prisoner - (Prison Condition) |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Filing 12 TRANSMITTED CERTIFIED COPY of #11 Judgment Order to plaintiff, pro se and counsel of record. (arb) |
Filing 11
JUDGMENT ORDER: For reasons expressed in the Memorandum Opinion and Order filed this day, the court hereby DISMISSES plaintiff's complaint as to defendants Federal Bureau of Prisons and Alderson Federal Prison Camp and REFERS the matter back to Magistrate Judge Aboulhosn for further proceedings consistent with the PF&R. Signed by Senior Judge David A. Faber on 3/11/2019. (cc: plaintiff, pro se and counsel of record) (arb)
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Filing 10
MEMORANDUM OPINION AND ORDER: The court ADOPTS the #4 Proposed Findings and Recommendation by Magistrate Judge Omar J. Aboulhosn, DISMISSES plaintiff's complaint as to defendants Federal Bureau of Prisons and Alderson Federal Prison Camp, and REFERS the matter back to Magistrate Judge Aboulhosn for further proceedings consistent with the PF&R. Signed by Senior Judge David A. Faber on 3/11/2019. (cc: plaintiff, pro se and counsel of record) (arb)
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| CASE REFERRED to Magistrate Judge Omar J. Aboulhosn per #10 MO&O and #11 JO entered 3/11/2019. (arb) |
| Filing 9 SUMMONS RETURNED EXECUTED for United States of America c/o Attorney General of the United States re: #6 Summons Issued as to USA. Person served: illegible. (arb) |
| Filing 8 SUMMONS RETURNED EXECUTED for Natalie Wright re: #6 Summons Issued as to USA. Natalie Wright served on 2/14/2019, answer due 4/15/2019. Person Served: G. Breckenridge. (arb) |
| Filing 7 SUMMONS RETURNED EXECUTED for United States of America c/o United States Attorney re: #6 Summons Issued as to USA. United States of America served on 2/14/2019, answer due 4/15/2019. Person Served: Vicky Dickerson. (arb) |
| Filing 6 SUMMONS ISSUED by the Clerk on behalf of Linda Avila for United States of America c/o United States Attorney and Attorney General of the United States and Dr. Natalie Wright, D.O. re: #2 Complaint, returnable 60 days. Original Summons and 1 copy sent by Clerk via cert. mail, return receipt requested, restricted delivery (Attachments: #1 Wright Summons, #2 Certified Mail Receipts (3)) (arb) |
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Filing 5
ORDER granting #1 APPLICATION to Proceed Without Prepayment of Fees: The Clerk is DIRECTED to amend the Docket Sheet to reflect the correct spelling of Defendant, Dr. Natalie Wright, D.O. name. Due to Plaintiff's lack of funds, the Court does not assess an initial partial filing fee. Nevertheless, Plaintiff is directed to make monthly payments as more fully described herein, until she has paid the total filing fee of $350.00. Plaintiff is to notify the Court in writing, within 30 days of entry of this Order, if she does not wish to pay the filing fee. It is ORDERED that the Clerk shall issue process by serving a Summons and a copy of Plaintiff's Complaint upon the United States and Dr. Wright. Signed by Magistrate Judge Omar J. Aboulhosn on 2/11/2019. (cc: Plaintiff, counsel of record and Trustee Officer, FPC Alderson) (arb)
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Filing 4
PROPOSED FINDINGS AND RECOMMENDATION: It is RECOMMENDED that the District Court DISMISS Plaintiff's #2 Complaint as to the Federal Bureau of Prisons and FPC Alderson, and REFER this matter back to the undersigned for further proceedings on Plaintiff's claims against the United States and Dr. Wright. By separate Order entered this day, the undersigned has granted Plaintiff's Motion to Proceed Without Prepayment of Fee as to her FTCA claim against the United States and her Bivens claim against Dr. Wright. This case no longer referred to Magistrate Judge Omar J. Aboulhosn. Objections to Proposed F&R due by 2/28/2019. Signed by Magistrate Judge Omar J. Aboulhosn on 2/11/2019. (cc: Plaintiff, pro se and counsel of record) (arb)
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| CASE assigned to Judge David A. Faber. (klc) |
| Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Omar J. Aboulhosn for Findings of Fact and Recommendations for disposition. (cc: attys; any unrepresented party) (mk) |
| Filing 2 COMPLAINT. (Attachments: #1 Letter from DOJ/BOP, #2 Cover Letter & Envelope) (mk) |
| Filing 1 APPLICATION by Linda Avila to Proceed without Prepayment of Fees and Costs (mk) |
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