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05-146 - BAKER v. UNITED STATES, et al


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05-146 - BAKER v. UNITED STATES, et al
June 14, 2006
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REPORT AND RECOMMENDATIONS that 20 MOTION to Dismiss for Lack of Jurisdiction,(Subject Matter Jurisdiction) filed by KATHLEEN HAWK SAWYER, JAMES SHERMAN, GOVERNMENT OFFICIALS, MERRILLO, ELLEN MCNINCHS, MR. RAYOME, be granted, and 18 MOTION to Dismiss/MOTION for Summary Judgment filed by THE UNITED STATES OF AMERICA, be granted. Objections to R&R due by 7/3/2006. Signed by Judge Susan Paradise Baxter on 6/14/06. (lrw)
July 11, 2006
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ORDER: 18 United States' motion to dismiss, or in the alternative, motion for summary judgment is GRANTED; 20 Defendants' Motion to Dismiss for lack of subject matter jurisdiction is GRANTED; adopting 26 Report and Recommendation. Case closed. Signed by Judge Sean J. McLaughlin on 7/11/2006. (rlh)
January 31, 2008
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MEMORANDUM ORDER: AND NOW, to wit, this 31st day of January, 2008, upon consideration of the following motions: 1. "Plaintiff's Rule 60(b) Motion Pursuant to Fed. Rule. Civ. P." 35; 2. "Motion for Re-Opening the Time to File an Appeal Pursuant to Rule 4(a)(6)(B) and Rule 77(d)" 36; 3. "Motion to File Out of Time Appeal Pursuant to Fed. Rule. App. P. 4(a)(4)(a)" 37; 4. "Motion to File a Notice of Appeal Pursuant to Fed. Rule. App. P. 4(a)(1)(A)" 38; 5. "Motion to File A [sic] Appeal Pursuant [sic] Fed. Rule. App. P. 4(a)(4)(A)(vi)" 39; 6. "Plaintiff's Motion to Alter or Amend Judgment Pursuant to Fed. Rules. Civ. P. 59(e)" 46; 7. "Plaintiff's Motion for Leave to File a Notice of Appeal Pursuant to Fed. Rules. App. P. Rule 3(a)" 47; and 8. "Plaintiff [sic] Motion for Leave to File a Direct Appeal Pursuant to Fed. Rule Civ. P. 4(a)(1)(A)" 48; IT IS HEREBY ORDERED, based upon the foregoing reasons, that said motions are DENIED. Signed by Judge Sean J. McLaughlin on 01/31/08. (kas)
April 10, 2008
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MEMORANDUM ORDER: AND NOW, to wit, this 10th day of April, 2008, upon consideration of: (1) "Plaintiff's Motion for Leave to File a Second Direct Appeal Pursuant to Fed. Rules. [sic] App. P. 4(a)(1)(A)" 51; (2) "Motion for Leave to Amend the Plaintiff's Notice of Appeal Pursuant to Fed. Rules. [sic] Civ. P. 3 and 4" 52; and (3) "Plaintiff's Second Motion Pursuant to Fed. Rule. [sic] Civ. P. 59(e) Motion to Alter or Amend Judgment" 53, IT IS HEREBY ORDERED for the reasons previously discussed that said motions are DENIED. Signed by Judge Sean J. McLaughlin on 04/10/08. (kas)
April 29, 2008
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MEMORANDUM ORDER: ACCORDINGLY, this 29th day of April 2008, for the reasons previously stated, IT IS HEREBY ORDERED that this Court's Memorandum Order dated April 10, 2008 59 is amended as follows: Plaintiff's Motion for Leave to File a Second Direct Appeal Pursuant to Fed. Rules. [sic] App. P. 4(a)(1)(A) 51, which was originally construed as a motion for reconsideration and denied, will be construed, nunc pro tunc, as a timely notice of appeal relative to this Court's prior ruling of January 31, 2008 and re-docketed accordingly. In all other respects, this Court's Memorandum Order of April 10, 2008 remains unchanged and in full effect. Signed by Judge Sean J. McLaughlin on 04/29/08. (kas)