Virginia Eastern District Court, Case No. 1:99-cv-01682-LMB:
Buckley, et al v. Freund, M.D., et al

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No Logo Elijah Buckley, Plaintiff

No attorney information is available for this party.

v.
No Logo Dirck W. Brendlinger, Defendant

Edward Joseph McNelis, III
Rawls & McNelis PC
Phone: +1 804 344 0038
Fax: +1 804 782 0133
E-Mail: emcnelis@rawlsmcnelis.com

No Logo Dr. Ofogh, Defendant

Edward Joseph McNelis, III
Rawls & McNelis PC
Phone: +1 804 344 0038
Fax: +1 804 782 0133
E-Mail: emcnelis@rawlsmcnelis.com

No Logo Jack Freund, Defendant

Elizabeth E. Stanulis Skilling
Harmon, Claytor, Corrigan & Wellman, PC
Phone: +1 804 747 5200
Fax: +1 804 747 6085
E-Mail: eskilling@hccw.com

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Office Alexandria
Filed 11/9/1999
Jury Demand None
Demand $0
Nature of Suit 555 - Prisoner: Prison Condition
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Lunenburg
Terminated 3/13/2001
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 01-6788[]
Def Custody Status
Flag CLOSED
 -- Filed: 11/9/1999, Entered: 11/15/1999 Case Assigned/Reassigned
CASE assigned to Judge Leonie M. Brinkema (clerk)
 1 Filed: 11/9/1999, Entered: 11/12/1999 Complaint
Prisoner complaint administratively filed by Elijah Buckley (clerk)
 2 Filed: 11/9/1999, Entered: 11/12/1999 Motion for Leave to Proceed in forma pauperis
MOTION by Elijah Buckley to Proceed in Forma Pauperis (clerk)
 3 Filed: 11/30/1999, Entered: 12/1/1999 Letter
Letter by Elijah Buckley informing the Court of Duplicate cases and request for status (pmil)
 4 Filed: 12/13/1999, Entered: 12/14/1999 Order Court Filing
ORDER that pltf's Motion to Voluntarily Dismiss Civil Action 99-1730-AM is GRANTED, and it is further ORDERED that Civil Action 99-1730-AM be and is dismissed pursuant to FRCP 41(a)(1). Pltf is ADVISED that he may proceed with Civil Action 99-1682-AM. (See Order for Details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 12/14/99] (stas)
 5 Filed: 1/10/2000, Entered: 1/11/2000 Motion to Amend/Correct
MOTION by Elijah Buckley to Amend Additional Evidence (clerk)
 6 Filed: 1/20/2000, Entered: 1/21/2000 Order Court Filing
ORDER that this action is administratively filed solely for the convenience of the Clerk; Pltf. is directed to complete and return the enclosed Consent Form etc. Pltf. is advised that failure to immediately inform the Court of his new address in the event he is transferred etc. will result in dismissal of this complaint. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y [EOD Date: 1/21/00] (clerk)
 7 Filed: 1/31/2000, Entered: 2/1/2000 Prisoner Trust Fund Account Statement
Inmate account report form filed. (clerk)
 8 Filed: 2/11/2000, Entered: 2/15/2000 Prisoner Trust Fund Account Statement
Inmate account report form filed. (clerk)
 9 Filed: 2/14/2000, Entered: 2/15/2000 Order Court Filing
ORDER that the Clerk resend a copy of the Order dated 1/20/00 and consent form to the pltf; pltf is Directed to inform the Court of his current address; pltf is Advised that failure to immediately inform the Court of his address in the event he is transferred, released or otherwise relocated will result in the dismissal of this complaint without prejudice pursuant to FRCP 41(b). ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 2/15/00] (agil)
 10 Filed: 2/24/2000, Entered: 2/28/2000 Order
Prisoner Consent Form by Elijah Buckley (stas)
 11 Filed: 2/29/2000, Entered: 2/29/2000 Order
Prisoner Consent Form by Elijah Buckley (clerk)
 12 Filed: 3/13/2000, Entered: 3/14/2000 Order Court Filing
ORDERED that pltf PAY an initial partial filing fee of $5.44 within 30 days of the date of this order. ADVISED that he has the opportunity to explain the wthidrawal of money from his account. ADVISED that failure to pay the required fee or file an explanation will result in dismissal.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 3/14/00] (clerk)
 13 Filed: 4/3/2000, Entered: 4/5/2000 Order Court Filing
ORDER that pltf is DIRECTED to pay the partial filing fee within 30 days of the date of this order.-ent. & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 4/5/00] (clerk)
 -- Filed: 4/18/2000, Entered: 4/19/2000 Miscellaneous Document
Prisoner Payment paid in the amount:$ 5.44 Receipt: 100136013 (clerk)
 14 Filed: 4/24/2000, Entered: 4/25/2000 NOTICE
NOTICE of change of address by Elijah Buckley (clerk)
 15 Filed: 5/26/2000, Entered: 5/30/2000 Order Court Filing
ORDERED that this action is FILED in forma pauperis; deft are DIRECTED to file an answer or other responsive pleadings to the complaint; DIRECTED to include with their response copies of medical reports; Lundenbur Correctional Center is DIRECTED to send 20% pltf preceding month's income.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 5/30/00] (clerk) Modified on 06/02/2000
 16 Filed: 6/21/2000, Entered: 6/21/2000 Notice of Appearance
NOTICE of Attorney Appearance for Jack Freund by Elizabeth E. Stanulis Skilling (clerk)
 17 Filed: 7/3/2000, Entered: 7/6/2000 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Dirck W. Brendlinger 6/30/00 Answer due on 8/29/00 for Dirck W. Brendlinger (clerk)
 18 Filed: 7/3/2000, Entered: 7/6/2000 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Dr. Ofogh 6/30/00 Answer due on 8/29/00 for Dr. Ofogh (clerk)
 19 Filed: 7/10/2000, Entered: 7/11/2000 Order Court Filing
ORDERED that the deft Freund FILE an answer or other responsive pleadings to the complaint in accordance with the attached Summons. Deft Freund is DIRECTED to include with his response, copies of medical reports relating to the injury and treatment of pltf arm, in order for the court to determine whether to appoint counsel.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 7/11/00] (clerk)
 -- Filed: 7/13/2000, Entered: 7/13/2000 Summons Issued
SUMMONS(ES)(orig & 1) issued and given to US Mashal Service for service upon counsel for deft Jack Freund (clerk)
 20 Filed: 7/26/2000, Entered: 7/28/2000 Motion for Miscellaneous Relief
MOTION by Dr. Ofogh, Dirck W. Brendlinger to Transfer Case (clerk)
 21 Filed: 7/26/2000, Entered: 7/28/2000 Memorandum in Support
MEMORANDUM by Dirck W. Brendlinger, Dr. Ofogh in support of [20-1] motion by Dr. Ofogh, Dirck W. Brendlinger to Transfer Case by Dr. Ofogh, Dirck W. Brendlinger (clerk)
 22 Filed: 7/28/2000, Entered: 8/2/2000 Motion for Summary Judgment
MOTION by Dr. Ofogh, Dirck W. Brendlinger for Summary Judgment (clerk)
 23 Filed: 7/28/2000, Entered: 8/2/2000 Memorandum in Support
MEMORANDUM by Dirck W. Brendlinger, Dr. Ofogh in support of [22-1] motion by Dr. Ofogh, Dirck W. Brendlinger for Summary Judgment (clerk)
 24 Filed: 8/17/2000, Entered: 8/21/2000 Affidavit
AFFIDAVIT of Dr. Ofogh (clerk)
 25 Filed: 8/17/2000, Entered: 8/21/2000 Affidavit
AFFIDAVIT of Dirck W. Brendlinger (clerk)
 26 Filed: 8/28/2000, Entered: 8/29/2000 Summons Returned Executed
SUMMONS Returned Executed as to Jack Freund 8/21/00 Answer due on 9/11/00 for Jack Freund (clerk)
 27 Filed: 9/11/2000, Entered: 9/11/2000, Terminated: 3/13/2001 Answer to Complaint
ANSWER to Complaint by Jack Freund (clerk)
 28 Filed: 9/11/2000, Entered: 9/11/2000, Terminated: 3/13/2001 Motion to Dismiss
MOTION by Jack Freund to Dismiss , or by Jack Freund for Summary Judgment (clerk)
 29 Filed: 9/11/2000, Entered: 9/11/2000 Memorandum in Support
MEMORANDUM by Jack Freund in support of [28-1] motion by Jack Freund to Dismiss, [28-2] motion by Jack Freund for Summary Judgment (clerk)
 30 Filed: 10/10/2000, Entered: 10/11/2000 Order Court Filing
ORDER that: 1) Pltf is Advised that he has the right to file counter-affidavits, or other responsive material contesting the affidavits or records filed by the dft's. If he desires to do this, all responses must be filed w/in 30 days of the date of this Order; 2) Pltf is also Advised that failure to file responsive material w/in the time specified will result in the court entering judgment in this action based on the evidence and pleadings filed. If pltf believes that the materials already submitted are sufficient for fair resolution of the the issues before the Court, he need not file additional pleadings or affidavits; 3) Dft's Motion for Transfer of Venue is Denied [20-1] for the reasons articulated above; and 4) Dft's are Advised that the Court will entertain any motions to reconsider the denial of the Motion for Transfer of Venue, should the instant matter go to trial. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 10/11/00] (agil) Modified on 10/11/2000
 31 Filed: 11/2/2000, Entered: 11/3/2000 Affidavit
AFFIDAVIT by Elijah Buckley (clerk)
 32 Filed: 1/24/2001, Entered: 1/30/2001 NOTICE
NOTICE of change of address by Elijah Buckley (clerk)
 33 Filed: 3/7/2001, Entered: 3/8/2001 NOTICE
NOTICE of change of address by Elijah Buckley (clerk)
 -- Filed: 3/13/2001, Entered: 3/14/2001 Terminated Case
Case closed (clerk)
 34 Filed: 3/13/2001, Entered: 3/14/2001 Memorandum & Opinion Court Filing
MEMORANDUM OPINION, filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
 35 Filed: 3/13/2001, Entered: 3/14/2001 Order Court Filing
For the reasons stated in the accompanying Memorandum Opinion, pltf's Motion for Appointment of Counsel is DENIED; ORDER granting [28-2] motion by Jack Freund for Summary Judgment, granting [22-1] motion by Dr. Ofogh, Dirck W. Brendlinger for Summary Judgment.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 3/14/01] (clerk)
 36 Filed: 3/13/2001, Entered: 3/14/2001 Judgment
JUDGMENT, purusant to FRCP 56 for Jack Freund, Dirck W. Brendlinger, Dr. Ofogh against Elijah Buckley () Copies Mailed: yes [EOD DATE: 3/14/01] (clerk)
 -- Filed: 3/14/2001, Entered: 3/14/2001 Docket Annotation
All pleadings are in the file. (clerk)
 37 Filed: 3/26/2001, Entered: 3/28/2001 NOTICE
NOTICE of change of address by Elijah Buckley (clerk)
 38 Filed: 4/17/2001, Entered: 4/17/2001 Order Court Filing
ORDERED that the Clerk is Directed to forward a copy of the Court's Order and Memorandum Opinion dated 3/13/01 to pltf.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yea [EOD Date: 4/17/01] (clerk)
 39 Filed: 4/23/2001, Entered: 4/24/2001 Notice of Appeal
NOTICE OF APPEAL OF [35-1] order, [34-1] order dated 3/13/01 by Elijah Buckley. Copies sent to Jack Freund, Dirck W. Brendlinger, Dr. Ofogh, Elijah Buckley. Copy of docket entries, notice of appeal, orders and transmittal forwarded to the USCA. (clerk)
 -- Filed: 5/15/2001, Entered: 5/16/2001 USCA Case Number
USCA Case Number Re: [39-1] appeal by Elijah Buckley CASE MANAGER: Lisa Jernigan USCA NUMBER: 01-6788 (clerk)
 -- Filed: 5/23/2001, Entered: 5/23/2001 Initial Paper Record Transmitted to 4CCA
Certified and transmitted Record on Appeal to U.S. Court of Appeals: in one volume (agil)
 40 Filed: 6/13/2001, Entered: 6/14/2001 Motion for Leave to Proceed in forma pauperis
MOTION and Affidavit by Elijah Buckley to Proceed in Forma Pauperis on appeal (clerk) Modified on 07/11/2001
 41 Filed: 6/22/2001, Entered: 6/22/2001 Letter
Letter by Elijah Buckley re: change of address to 945 G Street, NW, Washington, DC 20001 (clerk)
 42 Filed: 7/11/2001, Entered: 7/11/2001, Terminated: 7/12/2001 Motion for Leave to Proceed in forma pauperis
MOTION by Elijah Buckley to Appeal in Forma Pauperis (pmil)
 43 Filed: 7/12/2001, Entered: 7/12/2001 Order Court Filing
ORDER granting [42-1] motion by Elijah Buckley to Appeal in Forma Pauperis, granting [40-1] motion by Elijah Buckley to Proceed in Forma Pauperis on appeal.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yea [EOD Date: 7/12/01] (clerk)
 -- Filed: 11/26/2001, Entered: 11/27/2001 Appeal Record Returned
Record on Appeal returned from U.S. Court of Appeals: (clerk)
 44 Filed: 11/26/2001, Entered: 11/27/2001 USCA Mandate
Opinion of USCA decided on 11/21/01, Remanding case, re: [39-1] appeal by Elijah Buckley (clerk)
 45 Filed: 12/11/2001, Entered: 12/12/2001 Order Court Filing
ORDER that pltf's motion for extension of time (docket no. 39) is GRANTED; and it is further ORDERED that pltf's notice of appeal is deemed timely. (See Order for Details) (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 12/12/01] (stas)
 -- Filed: 12/20/2001, Entered: 12/20/2001 Initial Paper Record Transmitted to 4CCA
Certified and transmitted Record on Appeal to U.S. Court of Appeals (1 Volume) Re: [39-1] appeal by Elijah Buckley (stas) Modified on 12/20/2001
 46 Filed: 5/10/2002, Entered: 5/13/2002 USCA Mandate
Opinion of USCA DECIDED 05/09/02 AFFIRMING the decision of the USDC re: [39-1] appeal by Elijah Buckley (pmil)
 47 Filed: 7/3/2002, Entered: 7/12/2002 USCA Order
USCA Order - The Court denies the petition for rehearing as to plaintiff Elijah Buckley (karn)
 -- Filed: 7/11/2002, Entered: 7/16/2002 Appeal Record Returned
Record on Appeal returned from U.S. Court of Appeals: in 1 volume. (jsol)
 48 Filed: 7/11/2002, Entered: 7/12/2002 USCA Judgment
JUDGMENT OF USCA (certified copy) together with unpublished opinion AFFIRMING the judgment of the District Court Re: [39-1] appeal (karn)

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