Case details

Court: nyed
Docket #: 1:03-cv-06505
Case Name: Martinez v. United States of America
PACER case #: 225947
Date filed: 2003-12-24
Date terminated: 2005-03-10
Assigned to: Chief Judge Carol Bagley Amon
Referred to: Magistrate Judge Lois Bloom
Case Cause: Motion for Return of Property
Nature of Suit: 540 Mandamus & Other
Jury Demand: None
Jurisdiction: U.S. Government Defendant

Parties

Represented Party Attorney & Contact Info
Alfonso Martinez
Plaintiff
 
Alfonso Martinez
38770-053
Unit B-2
RCI
P.O. Box 630
Winton, NC 27986
PRO SE
United States of America
Defendant
 
Laura D. Mantell
United States Attorneys Office
Eastern District of New York
147 Pierrepont Street, 14th Floor
Brooklyn, NY 11201
718-254-6253
Fax: 718-254-6081
Email: laura.mantell@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2003-12-24 1 0 MOTION for Return of Property by Alfonso Martinez. (Attachments: # 1 Civil Cover Sheet)(Joe, Victor) (Entered: 01/06/2004) 2012-06-22 19:36:36 c91720f66916e018824f81076b7fab706f6f7e8d
1 2 Civil Cover Sheet
2004-01-16 2 0 ORDER directing the Clerk of the Court to serve a copy of this order and the underlying motion upon the US Atty's Office for the EDNY. The United States shall respond by 2/20/2004. Should the government's response include or refer to matters outside of the pleadings which may require the Court to treat the response as a summary judgment motion, the government shall give movant the notice required under Local Rule 56.2. So Ordered. (Signed by Judge Lois Bloom on 1/13/2004) C/M Inter-Off Svc upon AUSA Arthur P. Hui; (1) Copy of this Order sent to Petitioner. (Latka-Mucha, Wieslawa) (Entered: 01/16/2004)
2004-01-23 3 0 MEMORANDUM AND ORDER: W/in 60 days of service of the complaint, the AUSA assigned to the case shall move for judgment on the pleadings or for summary judgment, unless otherwise directed by the court. All matters in this case, including all motions, whether dispositive or otherwise, are referred to Magistrate - Judge Lois Bloom for disposition or report and recommendation as appropriate. Pltf shall be permitted to proceed w/o being required to prepay fees or costs or give security therefor. So Ordered. (Signed by Judge Carol B. Amon on 1/12/2004) C/M Inter-Off Svc upon AUSA Arthur Hui.(Latka-Mucha, Wieslawa) (Entered: 01/23/2004)
2004-02-10 4 0 ORDER: In light of the 1/12/2004 Memorandum and Order issued by the Honorable Carol B. Amon, USDJ, this Court's 1/13/2004 order 2 is hereby vacated. Dft shall respond to the complaint w/in 60 days of service as set forth by Judge Amon. So Ordered. (Signed by Judge Lois Bloom on 2/5/2004) C/M (Latka-Mucha, Wieslawa) (Entered: 02/10/2004)
2004-03-01 5 0 Letter / REPLY to the government's response to pltf's motion for return of seized property; filed by pro se Alfonso Martinez, dtd 2/25/2004. W/Exhibit A attached. *Fwd to Chambers. (Latka-Mucha, Wieslawa) (Entered: 03/03/2004)
2004-03-03 6 0 ORDER: Pltf shall serve and file an affirmation under penalty of perjury identifying the property he is seeking herein by 3/19/2004. Dft is granted permission to move against pltf's motion by 4/19/2004. Pltf shall oppose the motion by 5/19/2004 and the reply, if necessary, shall be filed by 6/2/2004. If pltf fails to file his affirmation listing the property he seeds by 3/19/2004, dft may renew its instant letter request to dismiss this action. So Ordered. (Signed by Judge Lois Bloom on 3/1/2004) C/M (Latka-Mucha, Wieslawa) (Entered: 03/04/2004)
2004-02-20 7 0 Letter dated 2/20/2004 from AUSA Laura D. Mantell to Judge Bloom, in response to petitioner's Motion to Return Property, requesting that this action be dismissed as time-barred and lacking in subject matter jurisdiction. (Latka-Mucha, Wieslawa) (Entered: 03/10/2004)
2004-03-18 8 0 AFFIRMATION Listing Property, filed by pro se Alfonso Martinez. *Memo attached noting lack of service. *Fwd to Judge Bloom. (Latka-Mucha, Wieslawa) (Entered: 03/19/2004)
2004-04-15 9 0 Letter / MOTION for Extension of Time, until 5/14/2004, to move against pltf's Motion; filed by AUSA Laura D. Mantell on behalf of United States of America. (Latka-Mucha, Wieslawa) (Entered: 04/15/2004)
2004-05-18 10 0 MOTION to Dismiss / summary Judgment by United States of America. Responses due by 6/14/2004 (Vaughn, Terry) Modified on 9/30/2004 (Glenn, Marilyn). (Entered: 05/19/2004)
2004-05-18 11 0 MEMORANDUM in Support re 10 MOTION to Dismiss / summary Judgment by United States of America. (Vaughn, Terry) (Entered: 05/19/2004)
2004-05-18 12 0 Declaration of Timothy Flaherty, Agent w/DEA, re 10 MOTION to Dismiss / summary Judgment by United States of America. (Vaughn, Terry) (Entered: 05/19/2004)
2004-05-18 13 0 RULE 56.2 STATEMENT re 10 MOTION to Dismiss / summary Judgment by United States of America. (Vaughn, Terry) (Entered: 05/19/2004)
2004-05-18 14 0 RULE 56.1 STATEMENT re 10 MOTION to Dismiss / summary Judgment by United States of America. (Vaughn, Terry) (Entered: 05/19/2004)
2004-05-18 15 0 Declaration of AUSA Mantell in Support of 10 MOTION to Dismiss / summary Judgment by United States of America. (Vaughn, Terry) (Entered: 05/19/2004)
2004-06-17 16 0 "Declaration of Petitioner Opposition to Government's Motion 10 to Dismiss, Martinez Motion for the Return of His Forty (40) Vehicles Seized," filed by Alfonso Martinez. W/Exhibit A attached. *Fwd to Judge Bloom. (Latka-Mucha, Wieslawa) (Entered: 06/21/2004)
2004-06-17 17 0 "MEMORANDUM OF LAW in Support of Petitioner's Opposition 16 to the Government's Motion to Dismiss or in the Alternative for a Summary Judgment Order," filed by Alfonso Martinez. W/Affirmation of Service attached. *Fwd to Judge Bloom. (Latka-Mucha, Wieslawa) (Entered: 06/21/2004)
2004-07-07 18 0 Letter MOTION for Extension of Time to File Response/Reply to petitioner's opposition to the government's motion, filed by AUSA Laura D. Mantell. (Latka-Mucha, Wieslawa) (Entered: 07/15/2004)
2004-07-26 19 0 Letter MOTION for Extension of Time to File Response/Reply in further support of the government's motion to dismiss or, in the alternative, for summary judgment in the above-referenced action from 7/22/2004 to 8/10/2004; filed by AUSA Laura D. Mantell, dtd 7/19/2004. (Latka-Mucha, Wieslawa) (Entered: 07/26/2004)
2004-08-10 20 0 REPLY to Response to Motion re 10 MOTION to Dismiss / summary Judgment Reply Memorandum of Law in Further Support of the Government's Motion to Dismiss, or, in the Alternative, for Summary Judgment filed by United States of America. (Mantell, Laura) (Entered: 08/10/2004)
2004-08-10 21 0 CERTIFICATE OF SERVICE by United States of America re 20 Reply to Response to Motion, (Mantell, Laura) (Entered: 08/10/2004)
2004-09-10 22 0 REPORT AND RECOMMENDATION: It is respectfully recommended that dft's motion 10 to dismiss pltf's complaint should be granted. Accordingly, pltf's instant action seeking the return of property should be dismissed as time-barred and for lack of subject matter jurisdiction. The parties shall have 10 days from service of this Report to file written objections. So Ordered. (Signed by Judge Lois Bloom on 9/8/2004) C/M *Objections to R&R due by 9/24/2004.(Latka-Mucha, Wieslawa) (Entered: 09/10/2004)
2004-09-24 23 0 OBJECTION to the Magistrate Judge's 22 Report and Recommendation; filed by pro se Alfonso Martinez, dtd 9/21/2004. *Fwd to USDJ Amon, USMJ Bloom. (Latka-Mucha, Wieslawa) (Entered: 09/29/2004)
2004-10-18 24 0 OBJECTION to the Magistrate Judge's 22 Report and Recommendation; filed by pro se Alfonso Martinez, dtd 10/12/2004. W/Notice of Filing Objections, Affirmation of Service attached. *Fwd to Judge Amon. (Latka-Mucha, Wieslawa) (Entered: 10/27/2004)
2004-10-29 25 0 MOTION for Extension of Time to File Response/Reply to Plaintiff's Objection to Magistrate Judge Bloom's Report and Recommendation by United States of America. (Mantell, Laura) (Entered: 10/29/2004)
2004-11-17 26 0 RESPONSE to Motion re 25 MOTION for Extension of Time to File Response/Reply to Plaintiff's Objection to Magistrate Judge Bloom's Report and Recommendation filed by United States of America. (Attachments: # 1 Appendix # 2 Exhibit A)(Mantell, Laura) *Appendix (1) belongs to the case # 03-cv-5476, doc.# 14 and has been deleted as per Chambers' request - Modified on 11/22/2004 (Latka-Mucha, Wieslawa). (Entered: 11/17/2004)
2004-12-09 27 0 "Petitioner's REPLY to the Government's Response to His Objections 24 to the Report and Recommendation 22 of Magistrate Judge Bloom, Dated 09-08-2004" filed by pro se Alfonso Martinez, dtd 12/02/2004. W/Affirmation of Service attached. *Fwd to USDJ Amon, USMJ Blom. (Latka-Mucha, Wieslawa) (Entered: 12/14/2004)
2005-03-10 28 0 ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge Carol B. Amon on 3/9/05. (Amon, Carol) (Entered: 03/10/2005)
2005-04-21 29 0 NOTICE OF APPEAL as to 28 Order Adopting Report and Recommendations by Pro Se Plaintiff Alfonso Martinez. No fee paid. IFP granted. Service made electronically. (McGee, Mary Ann) (Entered: 05/03/2005)
2006-03-02 30 0 MANDATE of USCA as to 29 Notice of Appeal filed by Alfonso Martinez. The judgment of the District Court is affirmed. Issued as mandate on 2/16/06. (Gonzalez, Mary) (Entered: 03/02/2006)
2006-07-17 31 0 MOTION for Reconsideration / "Motion for Relief from Final Order" 28 (w/Exhibits 1 - 5; Certificate of Service; *Fwd. to Chambers), filed by Alfonso Martinez. (Latka-Mucha, Wieslawa) (Entered: 07/20/2006)
2006-08-07 32 0 NOTICE OF APPEAL as to Order on Motion for Reconsideration, by Alfonso Martinez. No fee paid. IFP granted. Service done electronically. (McGee, Mary Ann) (Entered: 08/10/2006)
2007-04-10 33 0 FIRST Supplemental Record on Appeal transmitted to US Court of Appeals re 32 Notice of Appeal. USCA#06-3746. This record was requested by V. Mathias. Acknowledgment requested. USCA#06-3746. (McGee, Mary Ann) (Entered: 04/10/2007)
2007-04-12 34 0 USCA Acknowledgment for First Supplemental Record for 32 Notice of Appeal filed by Alfonso Martinez. USCA#06-3746-cv. (McGee, Mary Ann) (Entered: 04/23/2007)
2007-06-06 35 0 Letter dated May 30, 2007 by Alfonso Martinez advising of change of address: Alfonso Martinez Reg. No. 38770-053. Unit B-2RCI P.O. Box 630Winton, NC 27986 (Puma, Christine) Docket sheet updated. (Entered: 06/26/2007)
2007-08-10 36 0 MANDATE of USCA as to 32 Notice of Appeal filed by Alfonso Martinez. The judgment of the District Court is affirmed. Issued as mandate on 8/8/07. (Gonzalez, Mary) (Entered: 08/13/2007)
2008-03-05 37 0 Appeal Record Returned from the Court of Appeals containing documents numbered 1--15,33. USCA#06/3746cv (Drayton, Lorraine) (Entered: 03/05/2008)