Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

05-1105 - (PC) Birks v. Terhune, et al.


Download Files

Metadata

Document in Context
05-1105 - (PC) Birks v. Terhune, et al.
November 18, 2005
PDF | More
ORDER signed by Judge Peter A. Nowinski on 11/17/05 ORDERING that Plaintiff's request to proceed in forma pauperis 2 is GRANTED. Plaintiff must pay a $250.00 filing fee. Plaintiff's complaint 1 is DISMISSED with leave to amend within 30 days. Plaintiff shall file an original and one copy of his amended complaint, which must bear the docket number assigned to this case and be titled "Amended Complaint". Failure to comply with this order may result in a recommendation the action be dismissed and, if warranted, that dismissal will be with prejudice. All other pending motions and requests 3, 9, 13 are DENIED without prejudice to plaintiff renewing them after he files a satisfactory pleading. (Mena-Sanchez, L)
November 18, 2005
PDF | More
NOTICE signed by Judge Peter A. Nowinski on 11/17/05. Plaintiff must pay $250.00 filing fee. No initial partial filing fee has been assessed. The agency having custody of plaintiff is required to forward payments from Plaintiff's account to the clerk of the court each time the amount in the account exceeds $10 until the filing fee is paid. The Clerk shall serve a copy of this notice and a copy of Plaintiff's IFP application upon the Director of CDC and deliver a copy of this notice to the Clerk's financial division.(Mena-Sanchez, L)
December 27, 2005
PDF | More
ORDER signed by Judge Peter A. Nowinski on 12/27/05 re 16 ORDERING that plt shall, within 10 days of service of this order, file an amended complaint. Otherwise this case will be dismissed without prejudice. (Duong, D)
March 31, 2006
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 3/30/06 ORDERING that plt's objections 20 are construed as a request for reconsideration of the magistrate judge's 11/18/05 order dismissing plt's complaint with leave to amend. Plt's objections 22 are construed as a request for reconsideration of the magistrate judge's 12/27/05 order. Upon reconsideration, the order of the magistrate judge 17 is affirmed. Plt is granted one final period of 30 days in which to file an amended complaint. (Duong, D)
April 10, 2006
PDF | More
ORDER signed by Judge John F. Moulds on 4/7/2006 DENYING 18 Motion to Appoint Counsel and 23 Request for temporary restraining order filed by Lawrence Birks. (Matson, R)
June 7, 2006
PDF | More
ORDER signed by Judge John F. Moulds on 06/05/06 ORDERING that service is appropriate for dfts Dave L. Runnels, Dave McGuire, Phillip G. Mangis, N. Barron and J. Cummings; Clerk to send pltf five USM-285 forms, one summons, an instruction sheet and a copy of the 04/24/06 amended complaint; Within 30 days from the date of this order, pltf to complete and submit the attached Notice of Submission of Documents with the necessary forms to the court; Pltf's 04/24/06 motion to proceed IFP 29 is unnecessary and is therefore DENIED; Pltf's 04/24/06 motion for appointment of counsel 28 is DENIED; Pltf's 04/24/06 proposed order for injunctive relief 30 shall be disregarded. (Warren, P)
July 31, 2006
PDF | More
ORDER DIRECTING SERVICE BY USM WITHOUT PREPAYMENT signed by Judge John F. Moulds on 7/27/06 ORDERING Clerk is directed to forward all necessary forms to USM; USM to serve process w/in 10 days on dfts Dave L. Runnels, Dave McGuire, Phillip G. Manis, N. Barron, and J. Cummings; Clerk is directed to serve copy of local rules on pltf. (Girgis, C)
October 4, 2006
PDF | More
ORDER signed by Judge Edmund F. Brennan on 10/04/06 re 38 ORDERING that dfts McGuire and Cummings have a 30-day extension of tiem, from the date of service of this order, to file their response to plt's amended complaint 27. (Duong, D)
October 18, 2006
PDF | More
ORDER signed by Judge Edmund F. Brennan on 10/17/06 ORDERING dft Runnels has a 30 day extension of time, from the date of this order, to file his response to pltf's Amended Complaint. (Carlos, K)
December 12, 2006
PDF | More
ORDER signed by Judge Edmund F. Brennan on 12/11/06 ORDERING the Clerk to send Pltf one USM-285 form, along with an instruction sheet and a copy of the amended complaint filed 4/24/06. Within 60 days Pltf shall submit to the court the attached Notice of Submission of Documents along with the necessary documents.(Engbretson, K.)
December 21, 2006
PDF | More
ORDER signed by Judge Edmund F. Brennan on 12/20/06: Within thirty days of the date of this order, plaintiff shall file either an opposition or a statement of non- opposition to the motion to dismiss. (Kaminski, H)
February 22, 2007
PDF | More
ORDER denying 59 Motion to Appoint Counsel signed by Judge Edmund F. Brennan on 2/22/07. (Kaminski, H)
March 13, 2007
PDF | More
ORDER and FINDINGS and RECOMMENDATIONS recommending that defendant Manis be dismissed without prejudice. ORDERING that the Clerk is directed to send to plaintiff one USM-285 forms, along with an instruction sheet and a copy of the amended complaint filed April 24, 2006. Objections to F&R due within 20 days signed by Judge Edmund F. Brennan on 3/12/07. (Kaminski, H)
March 27, 2007
PDF | More
ORDER signed by Judge Edmund F. Brennan on 3/27/07 ORDERING that Plaintiff's 8/4/06, MOTION for Clerk's entry of default 34 is DENIED. (Mena-Sanchez, L)
April 10, 2007
PDF | More
ORDER signed by Judge Edmund F. Brennan on 4/9/07: Plaintiff's January 26, 2007 first set of interrogatories, request for production of documents, and request for admissions are stricken 56. The Clerk shall mail plaintiff one USM-285 and a copy of the amended complaint filed April 24, 2006. (Kaminski, H)
May 7, 2007
PDF | More
ORDER ADOPTING FINDINGS and RECOMMENDATIONS 68 signed by Judge Lawrence K. Karlton on 05/07/07 ORDERING that dft Manis is DISMISSED without prejudice. (Duong, D)
May 7, 2007
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 05/07/07 re 69 ORDERING that upon reconsideration, the order of the magistrate judge 64 is AFFIRMED. (Duong, D)
May 15, 2007
PDF | More
ORDER signed by Judge Edmund F. Brennan on 5/14/07 ORDERING that pltf's 79 objection, construed as a motion to direct ADS to provide pltf w/ copiesof documents, is DENIED. (Yin, K)
May 16, 2007
PDF | More
ORDER signed by Judge Edmund F. Brennan on 05/15/07 ORDERING that due to the pending motions in this case, the following dates are VACATED: pltf's pretrial statement due 8/3/07, dfts' pretrial statement due 8/10/07, the pretrial conference set for 8/24/07 and the trial set for 11/13/07. The court will set further dates, if appropriate, after resolution of the pending motions.(Carlos, K)
May 23, 2007
PDF | More
ORDER signed by Judge Edmund F. Brennan on 5/23/07 DENYING 82 Motion to Appoint Counsel. (Engbretson, K.)
August 22, 2007
PDF | More
ORDER AND FINDINGS and RECOMMENDATIONS signed by Judge Edmund F. Brennan on 8/22/07 ORDERING that 52 pltf's 1/10/07 motion for sanctions is DENIED. It is RECOMMENDED that 44 dfts' 11/3/06 motion to dismiss for failure to exhaust administrative remedies be granted and this case be dismissed as to all dfts save and except dft McGuire. Pltf's 52 motion for injunctive relief to enable him to file an opposition brief be denied as moot. Motions referred to Judge Karlton. Within 20 days after being serve with these findings, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
September 26, 2007
PDF | More
ORDER ADOPTING FINDINGS and RECOMMENDATIONS 121, in full, signed by Judge Lawrence K. Karlton on 9/26/07. Defendants' 44 Motion to Dismiss for failure to exhaust administrative remedies is GRANTED and case is DISMISSED as to all defendants save and except defendant McGuire. Plaintiff's 73 119 Motion(s) for Injunctive relief to enable him to file his Opposition Brief are DENIED as MOOT. (Marciel, M)
September 28, 2007
PDF | More
ORDER and FINDINGS AND RECOMMENDATIONS signed by Judge Edmund F. Brennan on 9/28/07 ORDERING that Pltf's 1/26/07 motion for a court-ordered physical and psychological examination by a doctor outside his facility of incarceration 55 is DENIED. Pltf's 1/26/07 motion for a court order directing Dfts to respond to his complaint 60 is DENIED. Pltf's 2/1/07 motion to compel 61 is DENIED. Pltf's 3/5/07 motion to compel 67 is DENIED. Pltf's 4/30/07 motion for sanctions 81 is DENIED. IT IS HEREBY RECOMMENDED that Dft Barron be dismissed without prejudice. Objections to F&Rs due within 20 days. (Engbretson, K.)
October 4, 2007
PDF | More
ORDER signed by Judge Edmund F. Brennan on 10/04/07 DENYING 106 Plf's Motion to Appoint Counsel. (Benson, A)
November 1, 2007
PDF | More
ORDER signed by Judge Edmund F. Brennan on 11/01/07 ORDERING that 124 plf's Request for rehearing of the USCA's 07/27/07 order dismissing his appeals for lack of jurisdiction be FORWARDED to the USCA. (Benson, A)
December 13, 2007
PDF | More
ORDER signed by Judge Lawrence K. Karlton on 12/13/07 ORDERING that the FINDINGS and RECOMMENDATIONS filed 9/28/07 127 are ADOPTED in full. Defendant Barron is DISMISSED without prejudice; and Plaintiff's 10/9/07, Motion for Reconsideration 129 is construed as further objections to the Magistrate judge's 9/28/07, Findings and Recommendations and as such is DENIED by operation of this order. (Mena-Sanchez, L)
December 14, 2007
PDF | More
ORDER signed by Judge Edmund F. Brennan on 12/14/07 DENYING plaintiff's 141REQUEST for APPOINTMENT COUNSEL. (Anderson, J)
January 11, 2008
PDF | More
ORDER signed by Judge Edmund F. Brennan on 1/11/08 ORDERING pltf's 12/7/08 request for production of documents 145 is STRICKEN and the Clerk shall make a notation on the docket to that effect.(Carlos, K)
February 1, 2008
PDF | More
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/1/08 ORDERING that Pltf's 96 Motion, construed as a Motion to Compel is DENIED. IT IS HEREBY RECOMMENDED that Pltf's 95 Motion, construed as a Rule 56(f) Motion be denied. Dft's 83 Motion for Summary Judgment be granted. Motion referred to Judge Lawrence K. Karlton. Objections to F&Rs due within 20 days. (Engbretson, K.)
February 1, 2008
PDF | More
ORDER signed by Magistrate Judge Edmund F. Brennan on 2/1/2008 VACATING 137 Scheduling Order. (Matson, R)
February 4, 2008
PDF | More
[DISREGARD-DUPLICATIVE OF 151] ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/1/2008 ORDERING 96 Pretrial Statement construed as a motion to compel is DENIED; IT IS RECOMMENDED that 95 Motion, construed as a Rule 56(f) motion be denied and 83 Motion for Summary Judgment be granted. Objections to F&R due w/in 20 days. (Matson, R) Modified on 2/26/2008 (Benson, A).
March 24, 2008
PDF | More
ORDER signed by Senior Judge Lawrence K. Karlton on 3/21/08 ADOPTING 151 FINDINGS and RECOMMENDATIONS in full. Plaintiff's 95 Motion to construed as Rule 56(f) is DENIED. Defendant's 83 Motion for Summary Judgment is GRATNED. The Clerk is directed to enter judgment and close this case. CASE CLOSED. (Anderson, J)