Case details

Court: pawd
Docket #: 1:97-cv-00324
Case Name: NYHUIS v. RENO, et al
PACER case #: 7418
Date filed: 1997-10-16
Date terminated: 1998-09-01
Date of last filing: 2000-04-12

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1997-10-16 1 0 Complaint COMPLAINT with summons issued Filing Fee $ 150.00 Receipt # 124934 (lrw)
1997-10-16 2 0 Motion for TRO MOTION by DOUGLAS NYHUIS for Temporary Restraining Order , for Preliminary Injunction with Proposed Order. (lrw)
1997-10-23 3 0 Order ORDER, the Clerk is directed to file the Complaint and the U.S. Marshal is directed to mail a copy of the complaint, notice of lawsuit, request for waiver of service of summons, waiver, and this Order to the defendant as directed by plaintiff. ( signed by Magistrate Judge Susan P. Baxter on 10/23/97 ) CM all parties of record. (lrw)
1997-10-28 4 0 Order ORDER that Jere Krakoff Esq., review the complaint filed in this matter under the Civil Rights Act of 1871, 42 USC Section 1983 against the Warden and other employees of FCI McKean, and consider undertaking representation of Plaintiff who has proceeded heretofore pro se, and it is further ORDERED that Attorney Krakoff has until November 7, 1997, to inform the Court by letter of his intention in this regard. ( signed by Magistrate Judge Susan P. Baxter on 10/27/97 ) CM all parties of record. (lrw)
1997-11-04 5 0 Report and Recommendation REPORT AND RECOMMENDATION of Magistrate Judge Susan P. Baxter signed on 11/4/97 Recommending that [2-1] motion for Temporary Restraining Order be denied, [2-2] motion for Preliminary Injunction be denied ; The parties have 10 days from the date of service to file objections to this Report and Recommendation. (lrw)
1997-11-06 6 0 Notice of Appearance NOTICE of Attorney Appearance for JANET RENO, ERIC HOLDER, KATHLEEN M. HAWK, JOHN E. HAHN by Tina M. Oberdorf (mad)
1997-11-17 7 0 Response to Motion MOTION by DOUGLAS NYHUIS in opposition to [5-1] report and recommendations (mad)
1997-12-02 8 0 Order ORDER denying [2-1] motion for Temporary Restraining Order, adopting [5-1] report and recommendations ( signed by Judge Sean J. McLaughlin on 12/2/97 ) CM all parties of record. (mad)
1997-12-30 9 0 Motion to Extend Time MOTION by JANET RENO, ERIC HOLDER, KATHLEEN M. HAWK, JOHN E. HAHN to Extend Time with Proposed Order. (mad)
1998-01-12 10 0 Notice (Other) NOTICE of change of address by DOUGLAS NYHUIS as follows: P.O. Box 4000, Springfield, MO 65801-4000 (mad)
1998-01-08 11 0 Summons/Returned Returned Executed RETURN OF SERVICE executed as to JANET RENO 12/17/97 (mad)
1998-01-08 12 0 Summons/Returned Returned Executed RETURN OF SERVICE executed 12/12/97 US Atty. (mad)
1998-01-08 13 0 Summons/Returned Returned Executed RETURN OF SERVICE executed as to ERIC HOLDER 12/17/97 (mad)
1998-01-08 14 0 Summons/Returned Returned Executed RETURN OF SERVICE executed as to KATHLEEN M. HAWK 12/19/97 (mad)
1998-01-08 15 0 Summons/Returned Returned Executed RETURN OF SERVICE executed as to JOHN E. HAHN 12/12/97 (mad)
1998-02-02 16 0 Motion to Dismiss MOTION by JANET RENO, ERIC HOLDER, KATHLEEN M. HAWK, JOHN E. HAHN to Dismiss with Proposed Order. (Attorney:Tina M. Oberdorf ) (mad)
1998-02-02 17 0 Brief in Support of Motion BRIEF by JANET RENO, ERIC HOLDER, KATHLEEN M. HAWK, JOHN E. HAHN in support of [16-1] motion to Dismiss by JOHN E. HAHN, KATHLEEN M. HAWK, ERIC HOLDER, JANET RENO (mad)
1998-02-10 18 0 Order ORDER, Response to Motion set to 2/24/98 for [16-1] motion to Dismiss , Parties have 10 days to file Appeal to District Judge. ( signed by Magistrate Judge Susan P. Baxter on 2/9/98 ) CM all parties of record. (lrw)
1998-02-23 19 0 Brief in Opposition to Motion BRIEF by DOUGLAS NYHUIS in opposition to [16-1] motion to Dismiss by JOHN E. HAHN, KATHLEEN M. HAWK, ERIC HOLDER, JANET RENO (nk)
1998-05-14 20 0 Notice (Other) NOTICE of change of address by DOUGLAS NYHUIS as follows: FCI MCKEAN, PO BOX 8000, Bradford, PA 16701-0980 (mad)
1998-07-23 21 0 Report and Recommendation REPORT AND RECOMMENDATION of Magistrate Judge Susan P. Baxter signed on 7/23/98 Recommending that [16-1] motion to Dismiss be granted ; The parties have 10 days from the date of service to file objections to this Report and Recommendation. (lrw)
1998-08-07 22 0 Objections to Report and Recommendation OBJECTION by DOUGLAS NYHUIS to [21-1] report and recommendations (sealed)
1998-08-11 23 0 Response RESPONSE by JANET RENO, ERIC HOLDER, KATHLEEN M. HAWK, JOHN E. HAHN to [22-1] objection by DOUGLAS NYHUIS (mad)
1998-08-18 24 0 Motion to Strike MOTION by DOUGLAS NYHUIS to Strike [23-1] response by JOHN E. HAHN, KATHLEEN M. HAWK, ERIC HOLDER, JANET RENO with Proposed Order. (mad)
1998-08-18 25 0 Response to Motion RESPONSE by JANET RENO, ERIC HOLDER, KATHLEEN M. HAWK, JOHN E. HAHN to [24-1] motion to Strike [23-1] response by JOHN E. HAHN, KATHLEEN M. HAWK, ERIC HOLDER, JANET RENO by DOUGLAS NYHUIS (mad)
1998-09-01 26 0 Order ORDER granting [16-1] motion to Dismiss, adopting [21-1] report and recommendations ( signed by Judge Sean J. McLaughlin on 8/31/98 ) CM all parties of record. (mad)
1998-09-29 27 0 Notice of Appeal NOTICE OF APPEAL by DOUGLAS NYHUIS from [26-1] order adopting [21-1] report and recommendations dated 8/31/98 TPO issued. (mad)
1998-09-29 28 0 Motion for Leave to Proceed in forma pauperis MOTION by DOUGLAS NYHUIS to Proceed in Forma Pauperis with Proposed Order. (mad)
1998-10-13 29 0 Order ORDER granting [28-1] motion to Proceed in Forma Pauperis; Pltf is order to make monthly payments until he has paid the full filing fee by returning to Court one of two attached copies of the notice with the authorization section signed. It is further ordered that the agency having custody of the pltf shall forward payments from the prisoner's account to the Clerk of Court each time the amount in the account exceeds $50 until the full filing fee is paid. signed by Judge Sean J. McLaughlin on 10/13/98 ) CM all parties of record. (mad)
1998-10-26 30 0 Authorization by Prisoner AUTHORIZATION by DOUGLAS NYHUIS permitting withdraw of prison account funds to pay filing fee for the entire appeal fee of $105.00. (mad)
1999-07-28 31 0 USCA Order (Does Not Terminate Appeal) CERTIFIED COPY OF ORDER dated 7/22/99 from U.S. Court of Appeals for the Third Circuit directing that the appeal is referred to the merits panel. The motion for appointment of counsel is granted. In addition to any other issues counsel may wish to raise, counsel should address either 42:1997e as amended by the Prison Litigation Reform Act appliess to actions by federal prisoners under Bibvensv.Six Unknown Named Agents of the Bureau of Narcotics, 403U.S. 388 (1971), and, if so, whether exhaustion would be futile here because the Bureau of Prisons has no authority to declare section 611 of H>R. 4278, the "Omnibus Consolidated Appropriations Bill," Program Statement 5580.05, and Institutional Supplement MCK 5580.05 unconstitutional as written or as applied to appellant. (mad) Modified on 04/17/2000
1999-08-06 32 0 TPO (Transcript Purchase Order Request) Transcript Purchase order re: by DOUGLAS NYHUIS NONE (mad)
2000-04-12 33 0 USCA Judgment Certified copy of JUDGMENT issued in lieu of a formal mandate received from USCA re: [0-0] appeal that the judgment of the said District Court entered 9/1/98 is hereby affirmed insofar as the action was dismissed. It is further ordered andjudged that insofar as the Magistrate Judge's Recommendation that the case should be dismissed for failure to exhaust was correct, the merits of the Mr. Nyhuis's claim should not have been reached and that portion of the judgment is vacated. All of the above in accordance with the opinion of this Court. (mad) Modified on 04/17/2000