Feather-Gorbey v. Smith et al
| (Chief) Col. Michael S. Owl Feather-Gorbey |
| Rodriguez, Smith, Swagger, Young, Dr. Sadat, Morris and Rich |
| United States of America |
| 5:2021cv00209 |
| April 12, 2021 |
| US District Court for the Southern District of West Virginia |
| Omar J Aboulhosn |
| Frank W Volk |
| Prisoner - (Prison Condition) |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on November 1, 2021. A more recent docket listing may be available from PACER.
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ASSEMBLED ELECTRONIC RECORD ON APPEAL TRANSMITTED TO 4CCA re: #27 Notice of Appeal to 4CCA in 4CCA Case Number 21-6847. (ts)
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Filing 30
RECORD REQUEST in 4CCA Case Number 21-6847. (slr)
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Filing 29
NOTICE OF APPELLATE CASE OPENING BY 4CCA re: #27 Notice of Appeal to 4CCA in 4CCA Case No. 21-6847. Case Manager: T. Fischer. (slr)
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Filing 28
TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via APPEAL TRANSMITTAL SHEET re: #27 Notice of Appeal to 4CCA. (msa)
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Filing 27
NOTICE OF INTERLOCUTORY APPEAL to the 4th CIRCUIT US APPEAL COURT by Michael S. Owl Feather-Gorbey RE: #24 Proposed Findings and Recommendation. (msa)
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Filing 26
MOTION by Michael S. Owl Feather-Gorbey for Leave to File a Consolidated Motion for Recusal of Magistrate Judge Aboulhosn & District Judge Volk in these 2 Sister Cases. (btm)
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Filing 25
OBJECTIONS to Magistrate Judges #24 Amended Proposed Findings and Recommendations by Michael S. Owl Feather-Gorbey. (btm)
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Filing 24
PROPOSED FINDINGS AND RECOMMENDATION recommending that the District Court grant the United States' #22 Motion to Reconsider Plaintiff's Filing Status as In Forma Pauperis, revoke Plaintiff's IFP status, deny Plaintiff's #17 Motion for Injunction, Temporary Restraining Order, and/or Sanctions and #18 Motion for Leave to Amend, and dismiss Plaintiff's #2 , #8 , and #15 Complaint without prejudice pursuant to 28 U.S.C. 1915(g). This case no longer referred to Magistrate Judge Omar J. Aboulhosn. If the PF&R was served electronically, Objections are due by 5/28/2021. If the PF&R was served by mail, Objections are due by 6/1/2021. Signed by Magistrate Judge Omar J. Aboulhosn on 5/14/2021. (cc: Plaintiff - pro se) (btm)
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Filing 23
MEMORANDUM OF LAW by the United States of America on behalf of Young in support of #22 MOTION to Reconsider Plaintiff's Filing Status as In Forma Pauperis ( #4 Order) (Lindsay, Matthew) (Modified on 5/4/2021 to correct filer)(slr).
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Filing 22
NOTICE AND MOTION by United States of America to Reconsider Plaintiff's Filing Status as In Forma Pauperis re: #4 Order (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) Motion referred to Magistrate Judge Omar J. Aboulhosn.(Lindsay, Matthew) (Modified on 5/4/2021 to correct party filer)(slr).
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Filing 21
SUMMONS RETURNED EXECUTED for Attorney General of the United States re: #2 Complaint via certified mail on 4/26/2021. Person Served: Eddie L. Anderson. (msa)
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Filing 20
SUMMONS RETURNED EXECUTED for Federal Bureau of Prisons, re: #2 Complaint. Federal Bureau of Prisons served via certified mail on 4/26/2021. Person Served: Eddie L. Anderson. (msa)
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Filing 19
SUMMONS RETURNED UNEXECUTED for Dr. Sadat re: #2 Complaint. Date Returned Unexecuted: 5/3/2021. (btm)
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Filing 18
MOTION by Michael S. Owl Feather-Gorbey for Leave to Amend #2 Petition as to Arguments Regarding (1) Denial of Glaucoma Treatment and Medical Malpractice and (2) Retaliations Due to New Circumstances. Motion referred to Magistrate Judge Omar J. Aboulhosn. (slr)
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Filing 17
OMNIBUS MOTION by Michael S. Owl Feather-Gorbey for Injunction, Temporary Restraining Order and or Sanctions on Defendants or Co-Workers. Motion referred to Magistrate Judge Omar J. Aboulhosn. (msa)
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Filing 16
OBJECTIONS to #5 Proposed Findings and Recommendations by Michael S. Owl Feather-Gorbey. (msa)
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Filing 15
SUPPLEMENT to #2 Complaint by Michael S. Owl Feather-Gorbey. (msa)
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Filing 14
SUPPLEMENT to #2 Complaint by Michael S. Owl Feather-Gorbey. (msa)
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Filing 13
SUMMONS RETURNED EXECUTED for Unit Manager Smith, re: #2 Complaint. Unit Manager Smith served via certified mail on 4/14/2021, answer due 6/14/2021. Person Served: A. Banton. (msa)
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Filing 12
SUMMONS RETURNED EXECUTED for Counselor Morris, re: #2 Complaint. Counselor Morris served via certified mail on 4/14/2021, answer due 6/14/2021. Person Served: A. Banton. (msa)
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Filing 11
SUMMONS RETURNED EXECUTED for Associate Warden Rich, re: #2 Complaint. Associate Warden Rich served via certified mail on 4/14/2021, answer due 6/14/2021. Person Served: A. Banton. (msa)
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Filing 10
SUMMONS RETURNED EXECUTED for Warden Young, re: #2 Complaint. Warden Young served via certified mail on 4/14/2021, answer due 6/14/2021. Person served: A. Banton. (msa)
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Filing 9
SUMMONS RETURNED EXECUTED for United States Attorney, re: #2 Complaint. United States Attorney served via certified mail on 4/15/2021, answer due 6/14/2021. Person Served: Robin Justice. (msa)
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Filing 8
DOCUMENTATION in Support of #2 Complaint by Michael S. Owl Feather-Gorbey. (slr) (Modified on 4/20/2021 to add link to #2)(slr).
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Filing 7
DOCUMENTATION in Support of #2 Complaint by Michael S. Owl Feather-Gorbey. (slr) (Modified on 4/20/2021 to add link to #2)(slr).
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Filing 6
SUMMONS ISSUED by the Clerk on behalf of Michael S. Owl Feather-Gorbey for United States Attorney, United States Attorney General, Federal Bureau of Prisons, Unit Manager Smith, Counselor Morris, Associate Warden Rich, Warden Young, Dr. Sadat re: #2 Complaint, returnable 60 days. (msa)
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Filing 5
PROPOSED FINDINGS AND RECOMMENDATION: recommending that the District Court dismiss Plaintiff's #2 Complaint as to the following: (1) Claim that Defendants violated his constitutional rights by rendering the administrative remedy process unavailable; (2) Claim of retaliation in violation of the First Amendment; and (3) Claim of discrimination in violation of his constitutional rights; REFER this matter back to the undersigned for further proceedings on Plaintiff's claim of failure to protect and deliberate indifference concerning his medical needs in violation of the Eighth Amendment. If the PF&R was served electronically, Objections are due by 4/26/2021. If the PF&R was served by mail, Objections are due by 4/29/2021. Signed by Magistrate Judge Omar J. Aboulhosn on 4/12/2021. (cc: Plaintiff, pro se) (msa)
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Filing 4
ORDER GRANTING APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES; granting #1 APPLICATION to Proceed Without Prepayment of Fees or Costs; Plaintiff shall pay the full amount of the $350.00 filing fee as more fully detailed herein; however, due to lack of funds, the Court does not assess an initial partial filing fee; directing the Clerk to issue process by preparing and serving a Summons and a copy of Plaintiff's #2 Complaint upon Unit Manager Smith, Counselor Morris, Associate Warden Rich, Warden Young, and Dr. Sadat as specified in Rule 4 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Omar J. Aboulhosn on 4/12/2021. (cc: Plaintiff, counsel of record, FCI Beckley-Prisoner Accounts) (msa)
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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: counsel of record; any unrepresented party) (msa)
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Filing 2
COMPLAINT. (msa)
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Filing 1
APPLICATION by (Chief) Col. Michael S. Owl Feather-Gorbey to Proceed without Prepayment of Fees or Costs. (msa)
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CASE assigned to Judge Frank W. Volk. (klc)
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