Sharp v. United States
| Robert Carl Sharp |
| Lt. C. Looney, Officer Specialist B. Jones, Correctional Officer Hatcher, Correctional Officer John Doe and United States |
| 1:2023cv00478 |
| July 10, 2023 |
| US District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| David A Faber |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1346 Tort Claim |
| None |
Docket Report
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This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 AMENDED COMPLAINT by Robert Carl Sharp against United States. (Attachments: #1 Denial of Administrative Claim, #2 Cover Letter, #3 Envelope) (arb) |
Filing 11
ORDER denying as moot the #10 LETTER-FORM MOTION by Robert Carl Sharp to Amend Complaint as the undersigned previously directed that Plaintiff file his Amended Complaint by 9/12/2023. In his Amended Complaint, Plaintiff shall clarify whether Plaintiff is asserting (1) a tort claim pursuant to the FTCA, (2) a Bivens claim for alleged violations of his constitutional rights, or (3) both. To the extent Plaintiff is asserting a FTCA claim, Plaintiff is NOTIFIED that he should amend his Complaint to name the United States as the Defendant. To the extent Plaintiff is asserting a Bivens claim, Plaintiff is NOTIFIED that he should amend his Complaint to name individual defendants and state specific facts as to how each defendant violated his constitutional rights. Finally, Plaintiff is NOTIFIED that if he wishes to fully exhaust his administrative remedies prior to seeking relief, he should voluntarily dismiss this action and initiate a new action upon completion of the administrative remedy process. Plaintiff has until 9/12/2023 to amend his Complaint. Signed by Magistrate Judge Omar J. Aboulhosn on 8/11/2023. (cc: Plaintiff, pro se w/form Complaint) (arb)
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| Filing 10 LETTER-FORM MOTION by Robert Carl Sharp to Amend #1 Complaint to Include the FTCA Suit with the Bivens Suit, to Proceed with the Bivens Act and FTCA together in a single action (Attachment: #1 Envelope). Motion referred to Magistrate Judge Omar J. Aboulhosn. (mk) (Modified on 8/11/2023 to remove extra motion relief) (mk). |
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Filing 9
ORDER granting #7 LETTER-FORM MOTION by Robert Carl Sharp to Amend re: #1 Complaint; Amended Complaint shall be filed by 9/12/2023; denying as moot #6 LETTER-FORM MOTION by Robert Carl Sharp for Court Order directing the U.S. Marshals Service to serve. Signed by Magistrate Judge Omar J. Aboulhosn on 8/8/2023. (cc: Plaintiff, pro se w/form Complaint) (mk)
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| Case converted to a Tort Claim pursuant to #9 Order. (mk) |
| Filing 8 LETTER to Clerk of Court, from Robert Carl Sharp dated 8/2/2023, Requesting Forms to File Claims under the Federal Tort Claims Act (FTCA). (mk) |
| Filing 7 LETTER-FORM MOTION by Robert Carl Sharp to Re-classify as a Federal Tort Claim Act (FTCA) Suit, to Amend and for a 30-Day Extension re: #1 Complaint. (Attachment: #1 Envelope). Motion referred to Magistrate Judge Omar J. Aboulhosn. (mk) |
| Filing 6 LETTER-FORM MOTION by Robert Carl Sharp for Court Order directing the U.S. Marshals Service to serve re: #1 Complaint. (Attachment: #1 Envelope). Motion referred to Magistrate Judge Omar J. Aboulhosn. (arb) |
| Filing 5 Filing Fee: $402.00, Receipt No. 2001442. (arb) |
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Filing 4
ORDER directing Plaintiff to either pay the filing and administrative fee totaling $402 or file an Application to Proceed in Forma Pauperis by 8/14/2023. Signed by Magistrate Judge Omar J. Aboulhosn on 7/13/2023. (cc: Plaintiff, pro se w/blank Application to Proceed in Forma Pauperis) (arb)
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| CASE assigned to Senior 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) (arb) |
| Filing 2 LETTER to Clerk, U. S. District Court, from Robert Carl Sharp, dated 6/28/2023, re: forthcoming filing fee. (arb) |
| Filing 1 COMPLAINT. (Attachments: #1 Supporting Documentation, #2 Envelope) (arb) |
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