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16-001 - Gillman v. United States of America


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16-001 - Gillman v. United States of America
January 7, 2016
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ORDER (1) GRANTING PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES 4; AND (2) DISMISSING COMPLAINT WITHOUT PREJUDICE. Signed by CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 1/7/2016. (afc) Excerpt of conclusion:"By January 28, 2016, Plaintiff may file an Amended Complaint that complies with the Federal Rules of Civil Procedure. If an Amended Complaint is not filed by January 28, 2016, the action will be terminated without further notice. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 13, 2017
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ORDER: (1) GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS TO PRIVACY ACT CLAIMS 27; (2) CONSTRUING AMENDED COMPLAINT TO INCLUDE FTCA CLAIM 6 AND (3) DISMISSING AMENDED COMPLAINT WITH LEAVE TO AMEND FTCA CLAIM. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 3/13/2017. (afc) Excerpt of conclusion:"[T]he Amended Complaint is construed to include a tort claim under the FTCA [Federal Tort Claims Act], and the Amended Complaint is DISMISSED for failure to state a claim. Specifically, Plaintiff's FTCA claim is DISMISSED with leave to amend. Plaintiff may file a Second Amended Complaint asserting an FTCA claim that attempts to cure the deficiencies noted above before April 10, 2017. Plaintiff cannot reassert a Privacy Act claim. Failure to file a Second Amended Complaint by April 10, 2017 will result in dismissal of this action with prejudice for failure to state a claim." WRITTEN ORDER follows hearing held March 6, 2017. Minutes of hearing: doc. no. 32. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry