| Court: | cacd |
| Docket #: | 5:10-cv-00239 |
| Case Name: | Derek A. Capozzi v. Norwood et al |
| PACER case #: | 465161 |
| Date filed: | 2010-02-17 |
| Assigned to: | Judge A. Howard Matz |
| Referred to: | Magistrate Judge David T Bristow |
| Case Cause: | 42:1983 Prisoner Civil Rights |
| Nature of Suit: | 550 Prisoner: Civil Rights |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Derek A Capozzi Plaintiff REG 22016-038 Fayett County Detention Center 600 Old Frankdort Circle Lexington, KY 40512 |
Angus Love Jennifer Tobin |
| A Ali Defendant Warden TERMINATED: 09/13/2010 |
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| Bourne Defendant Captain TERMINATED: 01/30/2012 |
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| Hostead Defendant SIA |
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| Hurte Defendant SIS Lt TERMINATED: 01/30/2012 |
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| Moore Defendant SIS CO TERMINATED: 01/30/2012 |
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| Terrones Defendant SIS CO TERMINATED: 01/30/2012 |
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| Black Defendant CO TERMINATED: 01/30/2012 |
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| John Does Defendant TERMINATED: 01/30/2012 |
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| Norwood Defendant Warden TERMINATED: 01/30/2012 |
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| The United States Defendant TERMINATED: 01/30/2012 |
Assistant US Attorney LA-CV |
| FBOP Defendant |
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| Norwood Defendant Warden |
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| Ali Defendant Assistant Warden TERMINATED: 01/30/2012 |
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| Bourne Defendant Captain |
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| Hostead Defendant SIA |
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| Hurte Defendant SIS Lt |
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| Terrones Defendant SIS CO |
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| Moore Defendant SIS CO |
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| Black Defendant CO |
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| John Does Defendant |
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| United States of America Defendant |
Erika Johnson-Brooks Assistant US Attorney LA-CV |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2010-02-17 | 1 | 0 | REQUEST to Proceed without Prepayment of Filing Fees, Declaration in Support filed by plaintiff Derek A Capozzi. (am) (Entered: 02/17/2010) | |||
| 2010-02-25 | 2 | 0 | ORDER by Magistrate Judge David T Bristow: Granting 1 Request for Leave to Proceed without Prepayment of Filing Fee. It is further ORDERED that the prisoner-plaintiff owes the Court the initial filing fee of $350.00. An initial partial filing fee of $10.00 must be paid within 30 days of the date of this order. Thereafter, monthly payments shall be forwarded to the Court in accordance with this order. (am) (Entered: 02/26/2010) | |||
| 2010-02-25 | 3 | 0 | CIVIL RIGHTS COMPLAINT filed against defendants A Ali, Black, Bourne, John Does, Hostead, Hurte, Moore, Norton, Terrones pursuant to Civil Action Tort claim. Case assigned to Judge A. Howard Matz and referred to Magistrate Judge David T. Bristol.(Filing fee due) filed by plaintiff Derek A Capozzi.(am) (Entered: 02/26/2010) | |||
| 2010-02-25 | 4 | 0 | NOTICE OF REFERENCE to United States Magistrate Judge David T Bristow. (am) (Entered: 02/26/2010) | |||
| 2010-03-03 | 5 | 0 | ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge David T Bristow: The Complaint therefore is dismissed with leave to amend. If plaintiff desires to pursue this action, he is ORDERED to file a First Amended Complaint within thirty (30) days of the date of this Order, remedying the deficiencies discussed below. (am) (Entered: 03/04/2010) | |||
| 2010-03-09 | 6 | 0 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge David T Bristow ORDERING Letter; Motion to amend name of te lead defendant Norton submitted by Plaintiff Derek A Capozzi received on 3/8/10 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (am) (Entered: 03/11/2010) | |||
| 2010-03-08 | 7 | 0 | MOTION to AMEND Name of the lead defendant Norton filed by plaintiff Derek A Capozzi. (am). Added REQUEST for Docket Sheet on 3/16/2010 (ad). (Entered: 03/11/2010) | |||
| 2010-03-15 | 8 | 0 | MINUTES (IN CHAMBERS) ORDER by Magistrate Judge David T Bristow: Plaintiff's 7 MOTION to Amend is GRANTED. The defendant name shall be changed from Norton to Norwood. Plaintiff's Request for Docket Sheet 7 is GRANTED. The Clerk is directed to forward to plaintiff a copy of the docket sheet. (ad) (Entered: 03/16/2010) | |||
| 2010-03-26 | 9 | 0 | MOTION for Appointment of Counsel filed by plaintiff Derek A Capozzi. (am) (Entered: 03/29/2010) | |||
| 2010-03-29 | 10 | 0 | MINUTES (IN CHAMBERS): ORDER RE 9 Motion for Appointment of Counsel by Magistrate Judge David T Bristow: Accordingly, plaintiffs Motion is DENIED without prejudice. (am) (Entered: 03/30/2010) | |||
| 2010-03-26 | 11 | 0 | FIRST AMENDED COMPLAINT against defendants A Ali, Black, Bourne, John Does, Hostead, Hurte, Moore, Norton, Terrones amending Complaint (Prisoner Civil Rights), Complaint (Prisoner Civil Rights) 3 ,filed by plaintiff Derek A Capozzi (am) (Entered: 03/31/2010) | |||
| 2010-03-31 | 12 | 0 | MOTION to Supplement First Amended Complaint to add United States as defendant filed by plaintiff Derek A Capozzi. (am) (Entered: 03/31/2010) | |||
| 2010-04-06 | 13 | 0 | ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge David T Bristow: The FAC therefore is dismissed with leave to amend. If plaintiff desires to pursue this action, he is ORDERED to file a Second Amended Complaint within thirty (30) days of the date of this Order, remedying the deficiencies discussed below. (am) (Entered: 04/06/2010) | |||
| 2010-04-26 | 14 | 0 | ORDER RE DISMISSAL OF ACTION FOR FAILURE TO PROSECUTE by Judge A. Howard Matz: ORDERED that the reference of this matter to the Magistrate Judge is vacated; and that this action be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b), Local Rule 41-6 and the Courts inherent power to achieve the orderly and expeditious disposition of cases by dismissing actions for failure to prosecute. (Made JS-6. Case Terminated.) (am) (Entered: 04/28/2010) | |||
| 2010-05-25 | 15 | 0 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge David T Bristow ORDERING Motion to extend time for filing of a 2nd amended complaint submitted by Plaintiff Derek A Capozzi received on 5/24/10 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (mrgo) (Entered: 05/28/2010) | |||
| 2010-05-24 | 16 | 0 | MOTION for Extension of Time for the Filing of a 2nd amended complaint filed by plaintiff Derek A Capozzi. (mrgo) (Entered: 05/28/2010) | |||
| 2010-05-25 | 17 | 0 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge David T Bristow ORDERING Notice of change of address submitted by Plaintiff Derek A Capozzi received on 5/24/10 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (mrgo) (Entered: 05/28/2010) | |||
| 2010-05-24 | 18 | 0 | NOTICE of Change of address Changing attorneys address to PO Box 14500, Lexington, KY 40512. Filed by Plaintiff Derek A Capozzi. (mrgo) (Entered: 05/28/2010) | |||
| 2010-05-25 | 19 | 0 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge David T Bristow ORDERING Motion to reconsider Court's 4/24/10 orde4r submitted by Plaintiff Derek A Capozzi received on 5/24/10 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (mrgo) (Entered: 05/28/2010) | |||
| 2010-05-24 | 20 | 0 | MOTION to Reconsider Court's 4/26/10, Order re Order, Terminated Case, 14 filed by petitioner Derek A Capozzi. (mrgo) (Entered: 05/28/2010) | |||
| 2010-05-28 | 21 | 0 | MINUTES (IN CHAMBERS) ORDER by Magistrate Judge David T Bristow: granting 16 Motion for Extension of Time to File; granting 20 Motion for Reconsideration. The Order re Dismissal of Action for Failure to Prosecute filed April 26, 2010, is hereby VACATED. The Court has granted plaintiffs Motion for Extension of Time and therefore, on or before June 28, 2010, if plaintiff chooses to file a Second Amended Complaint, it should bear the docket number assigned in this case; be labeled Second Amended Complaint; and be complete in and of itself without reference to the original Complaint or the First Amended Complaint or any other pleading, attachment or document. (mrgo) (Entered: 06/01/2010) | |||
| 2010-08-06 | 22 | 0 | REPORT AND RECOMMENDATION issued by Magistrate Judge David T Bristow. Re Complaint (Prisoner Civil Rights), 3 (am) (Entered: 08/06/2010) | |||
| 2010-08-06 | 23 | 0 | NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge David T Bristow and Lodging of Proposed Judgment and Order. Objections to R&R due by 8/20/2010 (am) (Entered: 08/06/2010) | |||
| 2010-08-10 | 24 | 0 | EX PARTE REQUEST for Extension of Time to File 2nd Amended Complaint and for Clarification... and whether or not Court did or did not receive or Rule on said motion filed by petitioner Derek A Capozzi.(mrgo) (Entered: 08/13/2010) | |||
| 2010-08-17 | 25 | 0 | MINUTES (IN CHAMBERS) ORDER by Magistrate Judge David T Bristow: The Court construes plaintiffs filing as a Request for Extension of Time (Request) 24 .Plaintiffs Request is hereby GRANTED. On the Courts own motion, the Court hereby VACATES the Report and Recommendation filed August 6, 2010, to allowplaintiff to file his Second Amended Complaint. Plaintiffs Second Amended Complaint is due on or before September 16, 2010. Plaintiff is advised that no further extensions will be granted. If plaintiff fails to file his Second Amended Complaint, the Court will again issue its Report and Recommendation. (ad) (Entered: 08/18/2010) | |||
| 2010-09-13 | 26 | 0 | SECOND AMENDED COMPLAINT (am). Modified on 9/23/2011 (am). (DOCUMENT STRICKEN PER ENTRY NO. 27) (Additional attachment(s) added on 9/26/2011: # 1 Doument Stricken) (am). (Entered: 09/20/2010) | 2011-11-09 12:01:18 | 8b016269dd1935d1ae4db85329dac79d47e8f8e7 | |
| 2010-09-21 | 27 | 0 | ORDER by Magistrate Judge David T Bristow: the documents listed below were improperly filed for the following reasons: Plaintiff failed to comply with Fed.R.Civ.P Rule 10; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: Amended Complaint 26 . (am) (Entered: 09/23/2010) | |||
| 2010-09-23 | 28 | 0 | MINUTE ORDER IN CHAMBERS by Magistrate Judge David T Bristow: The Court is in receipt of plaintiffs 2nd Amended Complaint Pursuant to 28 U.S.C. §§ 1346(b), 1402(b), 2401(b) and 2671-2680 - Federal Tort - Claims Act (SAC) filed September 13, 2010. The Court has filed an Order striking the SAC fromthe record as plaintiff failed to comply with Fed.R.Civ.P. Rule 10, which requires a caption of a civil complaint to name all parties to the action. In the instant matter, plaintiff names only the United States as the defendant in the caption of his SAC. However, plaintiff appears to intend to include several individual defendants in the action, as he references several individuals in the body of the SAC. Rule 10 requires that plaintiff set forth all defendants in the caption of the SAC. This is necessary, inter alia, for purposes of issuing a summons to all defendants (when such becomes necessary) for service pursuant to Fed.R.Civ.P. Rule 4. As plaintiff appears to again be alleging a Bivens action alleging a violation of his Eight Amendment, the Clerk is directed to provide plaintiff with a blank Civil Rights Complaint form for plaintiffs use is resubmitting his SAC. Plaintiff shall have up to and including October 22, 2010, to resubmit his SAC for filing on the Civil Rights Complaint form. (am) (Entered: 09/23/2010) | |||
| 2010-10-21 | 29 | 0 | MOTION to seal and impound attached filing filed by p Derek A Capozzi. (am) (Entered: 10/25/2010) | 2011-11-09 11:57:02 | f1fce8128167d672f0a33d5f9eeb66e80d3b429a | |
| 2010-10-21 | 30 | 0 | MOTION for Extension of Time to File Second Amended Complaint filed by plaintiff Derek A Capozzi. (am) (Entered: 10/25/2010) | |||
| 2010-10-26 | 31 | 0 | MINUTES (IN CHAMBERS): ORDER by Magistrate Judge David T Bristow: The Court is in receipt of plaintiffs Motion for Time-Extension as well as his Motion to Seal and Impound Attached Filing both filed October 21, 2010. The Court has read and considered plaintiffs filings and hereby GRANTS plaintiff an extensionof time up to and including December 6, 2010, to file his Second Amended Complaint. In plaintiffs Motion to Seal and Impound Attached Filing, plaintiff requests that the Court appoint counsel. The Court notes that there is no constitutional right to appointed counsel in a civil rights case. Storseth v. Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981). Pursuant to 28 U.S.C. § 1915(e), which formerly was designated as § 1915(d), the Court has discretionary power to request an attorney to represent a party unable to afford counsel. However, if plaintiff is seeking an order for an attorney to represent plaintiffwithout compensation, § 1915(e) does not authorize appointment of counsel toinvoluntary service. See Mallard v. U.S. Dist. Court for Southern Dist. of Iowa, 490 U.S. 296, 310, 109 S. Ct. 1814, 104 L. Ed. 2d 318 (1989); United States v. 30.64 Acres of Land, 795 F.2d 796, 801 (9th Cir. 1986). Plaintiffs Motion to Seal is GRANTED, only as to this filing. Accordingly, plaintiffs request for appointment of counsel is DENIED without prejudice. 29 30 (am) (Entered: 10/27/2010) | |||
| 2010-12-03 | 32 | 0 | MOTION for permission to file one original copy of attached 2nd Amended Complaint and for a return copy provided to plaintiff filed by plaintiff Derek A Capozzi. (am) (Entered: 12/08/2010) | |||
| 2010-12-03 | 33 | 0 | D MOTION to Seal and impound 2nd Amended Complaint and for Court Order and to seal attached affidavit filed by plaintiff Derek A Capozzi. (am) (Entered: 12/08/2010) | |||
| 2011-03-07 | 34 | 0 | MINUTE ORDER IN CHAMBERS by Magistrate Judge David T Bristow: The Court is in receipt of plaintiffs recent filings, which were both filed on December 3, 2010. The Court is in the process of identifying counsel who may be willing to represent plaintiff in this matter. The Court will rule on plaintiffs request with respect to his proposed pleading shortly. (ad) (Entered: 03/08/2011) | |||
| 2011-07-27 | 35 | 0 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge David T Bristow ORDERING Letter submitted by Plaintiff Derek A Capozzi received on 7/22/11 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (mrgo) (Entered: 08/02/2011) | |||
| 2011-07-22 | 36 | 0 | Letter dated 7/19/11, from plaintiff filed. (mrgo) (Entered: 08/02/2011) | |||
| 2011-08-03 | 37 | 0 | MINUTE ORDER IN CHAMBERS by Magistrate Judge David T Bristow: With regard to the status of plaintiffs case, plaintiff is advised that the Court has continued to attempt to find counsel to represent plaintiff in this matter,at least in a limited capacity, and is in the process of determining whether counsel can be identified to assist plaintiff. The Court is hopeful that a determination as to the appointment of counsel will occur within 30 days. (ad) (Entered: 08/04/2011) | |||
| 2011-09-23 | 38 | 0 | ORDER RE: MOTION FOR PERMISSION TO FILE ONE ORIGINAL AND ONE COPY OF SECOND AMENDED COMPLAINT; ORDER RE: MOTION TO SEAL; AND ORDER DISMISSING SECOND AMENDED COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge David T Bristow:IT IS THEREFORE ORDERED as follows: (1) Plaintiffs Motion to Seal the SAC and Affidavit is GRANTED. The Clerk is directed to file plaintiffs SAC and supporting Affidavit under seal. (2) Plaintiffs Motion to Seal to the extent he requests an order prohibiting the dissemination of the SAC is DENIED without prejudice. (3) Plaintiffs Motion for Permission is GRANTED. In the interest ofprotecting plaintiffs identity, prior to sending plaintiff a conformed copy of his SAC, the Court ORDERS plaintiff to notify the Court whether he still requests this copy within 15 days of the service date of this Order. (4) Plaintiffs SAC is DISMISSED with leave to amend. Plaintiffs Third Amended Complaint shall be filed within 45 days of the service date of this Order. 32 33 (am) (Entered: 09/23/2011) | 2011-11-09 11:55:02 | 592cfdbb271f361053d1d5ef85c7ea39f2309e88 | |
| 2011-09-23 | 39 | 0 | SEALED DOCUMENT - SECOND AMENDED COMPLAINT filed . (ad) Modified on 9/27/2011 (ad). (Entered: 09/27/2011) | |||
| 2011-09-23 | 40 | 0 | SEALED DOCUMENT - AFFIDAVIT by Derek A Capozzi.(ad) (Entered: 09/27/2011) | |||
| 2011-10-11 | 41 | 0 | NOTICE OF MOTION AND MOTION for Leave to to file only one original copy of complaint and request for conformed copy to be return to plaintiff filed by plaintiff Derek A Capozzi. (am) (Entered: 10/11/2011) | |||
| 2011-10-11 | 42 | 0 | MOTION to Seal Third Amended Complaint filed by plaintiff Derek A Capozzi. (am) (Entered: 10/11/2011) | 2011-11-09 11:51:33 | 9365de018d070de32f708f0704e19bac47159dde | |
| 2011-10-06 | 43 | 0 | NOTICE REQUIREMENT RESPONSE filed by plaintiff Derek A Capozzi. (mrgo) (Entered: 10/12/2011) | |||
| 2011-10-13 | 44 | 0 | MINUTES (IN CHAMBERS) ORDER by Magistrate Judge David T Bristow: The Court has now been advised that the counsel has been located and identified for this purpose, and that counsel has been in contact with plaintiff in this regard. Assuch, plaintiffs Motion for Permission to File Only One Original Copy of Complaint and Request for Conformed Copy to be Returned to the Plaintiff 41 and plaintiffs Motion to Seal the Third Amended Complaint 42 are hereby DENIED without prejudice, as counsel has now been identified to potentially assist plaintiff in preparing and filing an amended complaint. With respect to plaintiffs Correspondence dated September 29, 2011, the Court acknowledges the same and will hold the documents in its file. (ad) (Entered: 10/13/2011) | |||
| 2011-10-14 | 45 | 0 | MINUTE ORDER IN CHAMBERS by Magistrate Judge David T Bristow: Pursuant to the Court's Order filed September 23,2011, plaintiff was ordered to advise the Court as to whether or not he still requested a conformed copy of the Second Amended Complaint. The Court is now in receipt of plaintiffs "Notice Requirement Response" ("Notice") (Dkt. No. 43) filed October 6, 2011. In the Notice, plaintiff informs the Court that he desires a conformed copy of his Second Amended Complaint. The Court hereby GRANTS plaintiffs request. The Clerk is directed to return to plaintiff a conformed copy of plaintiffs Second Amended Complaint (Dkt. No. 39). To comply with the BOP rules of confidential legal/privileged mail, the Clerk is further directed to address the envelope as follows: The envelope must include the identity of the sender (i.e. United States Magistrate Judge David T. Bristow) and be clearly marked "privileged- open only in the presence of Derek A. Capozzi." 43 . (am) (Entered: 10/17/2011) | |||
| 2011-10-25 | 46 | 0 | ORDER APPOINTING LIMITED-PURPOSE PRO BONO COUNSEL by Magistrate Judge David T Bristow: (see document image for specifics). The Court requests that the amended complaint be filed within thirty (30) days of the date of this Order. (ad) (Entered: 10/25/2011) | |||
| 2011-12-05 | 47 | 0 | MINUTE ORDER IN CHAMBERS by Magistrate Judge David T Bristow: On October 25, 2011, the Court issued an Order Appointing Limited-Purpose Pro Bono Counsel (Order) for the limited purpose of assisting plaintiff in the preparation of an amended complaint. Pursuant to the Order, the Court requested that the amended complaint be filed within thirty (30) days of the date of the Order. The Court notes that the amended complaint has yet to be filed. On the Courts own motion, the Court hereby sua sponte, extends plaintiffs time up to and including January 27, 2012, to file an amended complaint. The Court also requests pro bono counsel to file with the Court a Notice of Association of Counsel providing the Court with pro bono counsels contact information. Upon receipt of the same, the Clerk is directed to forward pro bono counsel a copy of plaintiffs Second Amended Complaint, which was filed UNDER SEAL, as well as his proposed Third Amended Complaint, which was lodged UNDER SEAL, for pro bono counsel to use in preparation the amended complaint. (mrgo) (Entered: 12/06/2011) | |||
| 2011-12-27 | 48 | 0 | NOTICE of Change of Attorney Information: adding Jennifer J Tobin as attorney as counsel of record for plaintiff Derek A Capozzi. Adding Jennifer J Tobin for Derek A Capozzi as attorney as counsel of record for the reason indicated in the G-06 Notice, Filed by plaintiff Derek A Capozzi. (ad) (Entered: 12/28/2011) | |||
| 2012-01-30 | 49 | 0 | FOURTH AMENDED COMPLAINT against defendant United States of America; Party Bourne, John Does, Hurte, Moore, Norwood, Terrones, The United States, Ali and Black terminated amending Amended Complaint 39 ,filed by plaintiff Derek A Capozzi (am) (Additional attachment(s) added on 2/14/2012: # 1 Summons) (am). (Entered: 01/30/2012) | |||
| 2012-02-13 | 50 | 0 | ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Magistrate Judge David T Bristow: IT IS HEREBY ORDERED that the United States Marshal is authorized to proceed with service of process upon the following defendants only without prepayment of cost, until further Order of the Court: United States of America (am) (Entered: 02/14/2012) | |||
| 2012-02-13 | 51 | 0 | ORDER RE: SERVICE OF FOURTH AMENDED COMPLAINT by Magistrate Judge David T Bristow: IT IS ORDERED THAT: 1. No later than thirty (30) days from the date of this order, plaintiff shall file with the Clerk of Court a Notice of Submission indicating that all required documents have been submitted to the United States Marshal for service of the Fourth Amended Complaint. The form for this Notice of Submission is attached to this Order. Additionally, plaintiff shall file copies of the USM-285 forms submitted to the United States Marshal. (am) (Entered: 02/14/2012) | |||
| 2012-02-13 | 52 | 0 | NOTICE of Filing Civil Rights/Bivens Complaint filed by plaintiff Derek A Capozzi. (am) (Entered: 02/14/2012) | |||
| 2012-02-27 | 53 | 0 | NOTICE OF SUBMISSION filed by petitioner Derek A Capozzi. (ad) (Entered: 02/29/2012) | 2012-09-27 15:29:16 | 539f5210e9a849b440202d11e717c8fd5074fb26 | |
| 2012-03-16 | 54 | 0 | PROCESS RECEIPT AND RETURN (USM-285) of summons and Amended Complaint (Prisoner Civil Rights), upon United States of America served on 3/12/2012, answer due 5/11/2012, served by Personal Service service, by Federal statute, upon US Attorney, Pat Myles Civil Clerk. (am) (Entered: 03/28/2012) | |||
| 2012-04-24 | 55 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information (G-06) 48 . The following error(s) was found: Attorney Jennifer J. Tobin was incorrectly added to docket sheet. See document no. 46 re Order Appoint limited purpose Pro Bono Counsel as to Angus Love, Esq and document no. 47 re to efile Notice of Association of Counsel. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom) (Entered: 04/24/2012) | |||
| 2012-05-11 | 56 | 0 | EX PARTE APPLICATION for Extend Time to File Answer to 6/11/2012 re Amended Complaint, 49 filed by Defendant United States of America. (Attachments: # 1 POS, # 2 Proposed Order, # 3 POS)(Johnson-Brooks, Erika) (Entered: 05/11/2012) | |||
| 2012-05-15 | 57 | 0 | ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO INITIAL COMPLAINT BY 30 DAYS 56 by Magistrate Judge David T Bristow that Defendant shall have an extension of time, up to and including 6/11/2012, within which to file a response to the Complaint. (jp) (Entered: 05/16/2012) | |||
| 2012-06-11 | 58 | 0 | ANSWER to Amended Complaint, 49 filed by Defendant United States of America. (Attachments: # 1 POS)(Johnson-Brooks, Erika) (Entered: 06/11/2012) | 2012-09-27 15:26:04 | 98ff318bf05808d32a38fb904abc482decfd0585 | |
| 58 | 1 | 2012-09-27 15:31:55 | e51ea954b3139bdda61cb75df4b62722f1d1b167 | |||
| 2012-06-25 | 59 | 0 | CASE MANAGEMENT AND SCHEDULING ORDER [CIVIL RIGHTS] by Magistrate Judge David T Bristow (am) (Entered: 06/25/2012) | 2012-09-27 15:24:20 | ebd8f4c5ffe3723eba5b07d77fc43f4e90cd0f9a | |
| 2012-07-30 | 60 | 0 | NOTICE of Change of address Changing attorneys address to Derek A. Capozzi, Fayette County Detention Center, 600 Old Frankfort Circle, Lexington, KY 40512. Filed by Plaintiff Derek A Capozzi. (cys) (Entered: 08/01/2012) | |||
| 2012-07-31 | 61 | 0 | NOTICE OF LODGING filed by plaintiff Derek A Capozzi. (ad) (Entered: 08/06/2012) | |||
| 2012-08-06 | 62 | 0 | LETTER Re MOTION for Privilege Log and Motion for Court Order to Compel the United States to Provide Discovery filed by plaintiff Derek A Capozzi. (ad) Modified on 8/7/2012 (ad). (Entered: 08/07/2012) | 2012-09-27 15:21:55 | 06cf46eaacc0129236369000b56b91bba77eae2e | |
| 2012-08-06 | 63 | 0 | MOTION for a Privilege Log filed by plaintiff Derek A Capozzi. (ad) (Entered: 08/07/2012) | 2012-09-05 15:22:41 | f511b3cb07a6d32d6c6c65186a9c6889abbdbcfb | |
| 2012-08-06 | 64 | 0 | MOTION for Court Order to Compel United States to Provide Discovery filed by plaintiff Derek A Capozzi. (ad) (Entered: 08/07/2012) | 2012-09-27 15:21:59 | 57c52524e9bd321ef086cff99629df5067317210 | |
| 2012-08-28 | 65 | 0 | APPLICATION for Order for FOR A PROTECTIVE ORDER AND IN RESPONSE TO PLAINTIFF'S MOTON TO COMPEL filed by Federal Defendant United States of America. (Attachments: # 1 Application POS, # 2 Proposed Order, # 3 Order POS)(Johnson-Brooks, Erika) (Entered: 08/28/2012) | 2012-09-27 15:31:39 | e9729d0ff289c781a9f743be86ccb337c6589850 | |
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| 65 | 2 | |||||
| 65 | 3 | |||||
| 2012-08-30 | 66 | 0 | PROTECTIVE ORDER by Magistrate Judge David T Bristow. (ad) (Entered: 08/30/2012) | 2012-08-31 07:19:39 | 62ac9cb6402ec27f58763ceea5f1b566b6c43c0d | |
| 2012-09-10 | 67 | 0 | MOTION Requesting Court to Reconsider Its August 30th, 2012, Protective Order and to Construe plaintiff's September 2, 2012, Reply to defendant's application for protective order as a motion to reconsider, or in the alternative, to Construe it as an objection to the defendant's application for protective order appealing to the presiding judge re Protective Order 66 filed by plaintiff Derek A Capozzi. (mrgo) (Entered: 09/10/2012) | 2012-09-27 15:33:24 | d22db933af9dd8fcac408aba8d5cbf1e43ea5db8 | |
| 2012-09-10 | 68 | 0 | MOTION For Court to Conduct In Camera Review of all Documents defendant's Protective Order Pertaining to Appropriateness filed by plaintiff Derek A Capozzi. (mrgo) (Entered: 09/10/2012) | 2012-09-27 15:35:06 | e42345debd22522d192d0d7c3b0b4851cd40a2ec | |
| 2012-09-10 | 69 | 0 | MOTION to Stay All Proceedings Pending Resolution of the Court's Protective Order filed by plaintiff Derek A Capozzi. (mrgo) (Entered: 09/10/2012) | |||
| 2012-09-11 | 70 | 0 | STATUS REPORT filed by Defendant United States of America. (Attachments: # 1 POS)(Johnson-Brooks, Erika) (Entered: 09/11/2012) | 2012-09-27 15:38:12 | e58ae5caa73bbead72d01bf167cd9a4a7dfc4803 | |
| 70 | 1 | |||||
| 2012-09-10 | 71 | 0 | MOTION for Reconsideration re Protective Order 66 filed by plaintiff Derek A Capozzi. (ad) (Entered: 09/11/2012) | |||
| 2012-09-10 | 72 | 0 | REPLY to defendant's APPLICATION for Order for FOR A PROTECTIVE ORDER AND IN RESPONSE TO PLAINTIFF'S MOTON TO COMPEL 65 filed by Plaintiff Derek A Capozzi. (mrgo) (Entered: 09/12/2012) | |||
| 2012-09-10 | 73 | 0 | STATUS REPORT filed by Plaintiff Derek A Capozzi. (mrgo) (Entered: 09/12/2012) | 2012-09-27 15:36:53 | 6539182eb1bbf9f5a4fa3a34ec75bf1c1fc030fe | |
| 2012-09-10 | 74 | 0 | MOTION for Teleconference or for Video Conference filed by plaintiff Derek A Capozzi. (mrgo) (Entered: 09/12/2012) | |||
| 2012-09-10 | 75 | 0 | AMENDED CASE MANAGEMENT AND SCHEDULING ORDER by Magistrate Judge David T Bristow.( Discovery cut-off 1/7/2013. Motions due by 2/7/2013. Status Report due by 10/19/2012.) (See document for specifics) (mrgo) (Entered: 09/12/2012) | 2012-09-27 15:40:52 | 0af7732025c575e43a1f74ba66a9c9d0c0ebf2df | |
| 2012-09-11 | 76 | 0 | ORDER APPOINTING LIMITED PURPOSE PRO BONO COUNSEL by Magistrate Judge David T Bristow. The Court hereby gives notice and orders that Angus Love, Esq., with the Pennsylvania Institutional Law Project, shall be reappointed for the limited purpose of assisting Plaintiff with conducting discovery in this case. (mrgo) (Entered: 09/12/2012) | 2012-09-27 15:43:52 | ca8f6296710667ec85cea8882ecbc78869ed06dd | |
| 2012-09-11 | 77 | 0 | MINUTES (IN CHAMBERS) ORDER by Magistrate Judge David T Bristow re: 63 Motion for Order; 64 Motion to Compel; 67 Motion for Reconsideration re MOTION for Review of For Court to Conduct In Camera Review of all Documents defendant's Protective Order Pertaining to Appropriateness 68 , MOTION to Compel United States to Provide Discovery 64 , MOTION for Reconsideration re Protective Order 66 MOTION for Reconsideration re Protective Order 66 67 , MOTION to Stay Case pending All Proceedings Pending Resolution of the Court's Protective Order 69 , MOTION for Order for a Privilege Log 63 ; 68 Motion for Review; 69 Motion to Stay Case. Due to the Courts recent appointment of counsel in this matter, for the limited purpose of representing plaintiff through the discovery phase of this action, the Court hereby DENIES plaintiffs Motions, without prejudice, as moot. The Court will allow plaintiffs counsel the opportunity to review the status of discovery in this matter and proceed accordingly. Counsel are reminded that the discovery cut-off date is December 10, 2012. (mrgo) (Entered: 09/12/2012) | 2012-09-27 15:46:26 | ea8ac5328fe834c87c6b4b01b26e9cff15e2b750 | |
| 2012-09-12 | 78 | 0 | MINUTES (IN CHAMBERS): ORDER by Magistrate Judge David T Bristow: The Court is in receipt of the following documents filed by plaintiff: Expedited Request [Dkt. # 71]; and Motion for Teleconference or for Video Conference [Dkt. # 74] both of which were filed September 10, 2012. Due to the Courts recent appointment of counsel in this matter, for the limited purpose of representing plaintiff through the discovery phase of this action, the Court hereby DENIES plaintiffs Motions, without prejudice, as moot. The Court will allow plaintiffs counsel the opportunity to review the status of discovery in this matter and proceed accordingly. 74 (am) (Entered: 09/12/2012) | 2012-09-27 15:16:23 | 2463a3d68cb4f54f975c9ec8e0f66a67ecf14c55 | |
| 2012-09-11 | 79 | 0 | Notice of Electronic Filing re Order, 76 e-mailed to jtobian@pailp.org bounced due to 5.1.0 - Unknown address error 550-'5.1.1 <jtobian@pailp.org>: Recipient address rejected: User unknown in relay recipient table'. This was an ad hoc recipient, not a case participant. Not in our CM database. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY (Entered: 09/17/2012) | |||
| 2012-10-18 | 80 | 0 | STATUS REPORT filed by Defendant United States of America. (Johnson-Brooks, Erika) (Entered: 10/18/2012) | 2012-10-18 18:54:23 | 91d069de9f89ad1e962540b68d047f648389e785 |