Facundo, et al v. United States
Federal Civil Lawsuit Maryland District Court, Case No. 1:00-cv-02301-AMD

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No Logo Enrique Facundo, Plaintiff
v.
United States of America United States of America, Defendant

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Name Phone Fax E-Mail
Space Jennifer Lilore Huesman
Office Baltimore
Filed 7/28/2000
Jury Demand Plaintiff
Demand $0
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Cause Section 28 U.S.C. § 1346 Tort Claim
Jurisdiction U.S. Government Defendant
Disposition Dismissed - Other
County Allegany
Terminated 4/30/2001
Origin 4
Reopened 11/1/2000
Lead Case None
Related Case
Other Court Cases 00-7571[], 99-CV-1825[Eastern NY]
Def Custody Status
Flags ARCHIVE, CLOSED
  Entries (51) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 37 Filed: 4/30/2001, Entered: 4/30/2001 OrderCourt Filing
ORDER, that plaintiff's classification and designation claim is DISMISSED for lack of subject matter jurisdiction; granting [21-2] motion of defendant for Summary Judgment, is granted with respect to plaintiff's remaining claims and judgment is entered in favor of defendant as to all remaining claims; and that the Clerk of Court CLOSE this case. ( signed by Judge Andre M. Davis 4/30/01) (c/i & microfilmed 4/30/01) (slf, Deputy Clerk)
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    Legal Document 36 Filed: 4/30/2001, Entered: 4/30/2001 Memorandum/OpinionCourt Filing
    MEMORANDUM OPINION ( signed by Judge Andre M. Davis 4/30/01) (c/i & microfilmed 4/30/01) (slf, Deputy Clerk)
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      Blank -- Filed: 4/30/2001, Entered: 4/30/2001 Terminated Case
      Case closed (slf, Deputy Clerk)
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        Blank 35 Filed: 4/27/2001, Entered: 4/27/2001 USCA Mandate
        JUDGMENT OF USCA dismissing the appeal, copy of order attached herto (certified copy) Re: [24-1] by Enrique Facundo. (c/s) (ko, Deputy Clerk)
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          Blank -- Filed: 4/27/2001, Entered: 4/27/2001, Terminated: 4/30/2001 Appeal Record Returned
          Record on appeal returned from U.S. Court of Appeals: [24-1] appeal by Enrique Facundo (vol. 1) (ko, Deputy Clerk)
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            Blank 34 Filed: 4/20/2001, Entered: 4/20/2001 Order
            ORDER of the USCA denying petition for rehearing and rehearing en banc as to Enrique Facundo. (c/s) (ko, Deputy Clerk)
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              Legal Document (Payment Possibly Required) 33 Filed: 3/22/2001, Entered: 3/23/2001, Terminated: 3/22/2001 OrderCourt Filing
              ORDER granting [33-1] motion of plaintiff to Extend Time for 30 days to file a response ( signed by Judge Andre M. Davis 3/22/01) (c/i 3/23/01) (slf, Deputy Clerk)
                Request Request From Archives (Scanning Fees/Delay May Apply)Space LREF
                Legal Document 33 Filed: 3/22/2001, Entered: 3/23/2001, Terminated: 3/22/2001 Motion for Extension of Time to File
                Letter MOTION by Enrique Facundo to Extend Time for 30 days to file a response (c/s) (slf, Deputy Clerk)
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                  Blank 32 Filed: 2/28/2001, Entered: 2/28/2001 OrderCourt Filing
                  ORDERED, that plaintiff's request for service of pleadings is Granted; and that the Clerk is to mail a copy of paper # 10 and 21 including exhibits; and that plaintiff is Granted an extension of 30 days from the date of this Order. ( signed by Judge Andre M. Davis 2/21/01) (c/m 2/28/01) (slf, Deputy Clerk)
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                    Blank 31 Filed: 2/12/2001, Entered: 2/12/2001 Order
                    Attested copy of the ORDER of the USCA, for the Fourth Circuit dismissing the appeal. (c/s) (ko, Deputy Clerk)
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                      Blank 30 Filed: 11/16/2000, Entered: 11/16/2000 OrderCourt Filing
                      ORDER granting [29-1] motion to Proceed in Forma Pauperis ( signed by Judge Andre M. Davis 11/16/00) (c/m & USCA 11/16/00) (ko, Deputy Clerk)
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                        Blank 29 Filed: 11/13/2000, Entered: 11/14/2000, Terminated: 11/16/2000 MOTION for Leave to Proceed Informa Pauperis
                        MOTION by Enrique Facundo to Proceed in Forma Pauperis (ko, Deputy Clerk)
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                          Blank -- Filed: 11/8/2000, Entered: 11/8/2000, Terminated: 4/30/2001 USCA Case Number
                          USCA Case Number Re: [24-1] appeal by Enrique Facundo USCA NUMBER: 00-7571 (Case Manager: Corina Ida) (ko) (ko, Deputy Clerk)
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                            Blank -- Filed: 11/6/2000, Entered: 11/6/2000, Terminated: 4/30/2001 Appeal Record Sent to USCA
                            Certified and transmitted record on appeal to U.S. Court of Appeals: [24-1] appeal by Enrique Facundo (Vol. 1) (ko, Deputy Clerk)
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                              Blank 28 Filed: 11/3/2000, Entered: 11/3/2000 OrderCourt Filing
                              ORDER "DIRECTING" that the record in this case is retained for the use in this Court for ongoing litigation and that Plaintiff's Interlocutory Notice of Appeal received October 26, 2000 is excepted from this Order and will be transmitted to the USCA together with a copy of this Order, copies of Paper Nos. 18, 19, 25, 26, and 27, as well as a certified copy of the docket ( signed by Judge Andre M. Davis 11/3/00 ) (c/m) (ko, Deputy Clerk)
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                                Legal Document 27 Filed: 11/1/2000, Entered: 11/2/2000 OrderCourt Filing
                                ORDERED, that the portion of the Court's October 30, 2000 Order directing that this cae be closed is VACATED; that the Clerk of Court RE-OPEN this case; and that the Clerk mail a copy of this order to plaintiff and counsel of record. ( signed by Judge Andre M. Davis 11/1/00) (c/i 11/2/00) (slf, Deputy Clerk)
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                                  Blank -- Filed: 11/1/2000, Entered: 11/6/2000 Case Reopened
                                  Case reopened (slf, Deputy Clerk)
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                                    Legal Document 26 Filed: 10/30/2000, Entered: 10/31/2000 OrderCourt Filing
                                    ORDER granting [20-1] motion of defendant to substitute party United States of America as the sole defendant; DISMISSING named defendant and substitute the USA; DIRECTING Clerk to close case ( signed by Judge Andre M. Davis 10/30/00) (c/i 10/31/00) (MICROFILMED 10/31/00) (jnl, Deputy Clerk)
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                                      Blank -- Filed: 10/30/2000, Entered: 10/30/2000, Terminated: 4/30/2001 Transmission of Notice of Appeal and Docket Sheet
                                      Notice of appeal and certified copy of docket to USCA: [24-1] appeal by Enrique Facundo (ko) (ko, Deputy Clerk)
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                                        Blank -- Filed: 10/30/2000, Entered: 10/31/2000 Terminated Case
                                        Case closed (jnl, Deputy Clerk)
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                                          Blank 25 Filed: 10/27/2000, Entered: 10/31/2000 Motion for Reconsideration
                                          MOTION by Enrique Facundo for Reconsideration of [18-1] request for transfer (jnl, Deputy Clerk)
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                                            Blank 24 Filed: 10/26/2000, Entered: 10/30/2000 Notice of Appeal
                                            INTERLOCUTORY NOTICE OF APPEAL by Enrique Facundo . Fee Status: (filing fee not paid) (c/s) (ko, Deputy Clerk)
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                                              Blank 23 Filed: 10/19/2000, Entered: 10/19/2000 Correspondence
                                              CORRESPONDENCE by Enrique Facundo informing court he did not received motion to dismiss from USA. (c/s) (slf, Deputy Clerk)
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                                                Blank 22 Filed: 10/12/2000, Entered: 10/12/2000 Rule
                                                Rule 12/56 letter mailed to plaintiff. (slf, Deputy Clerk)
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                                                  Blank 21 Filed: 10/11/2000, Entered: 10/12/2000 Motion to Dismiss
                                                  MOTION with memorandum in support by United States of America to Dismiss , or in the alternative for Summary Judgment and exhibits 1-12. (c/s) (slf, Deputy Clerk)
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                                                    Blank 20 Filed: 10/11/2000, Entered: 10/12/2000, Terminated: 10/30/2000 Motion to Substitute Party
                                                    MOTION with memorandum in support by Bureau of Prisons to substitute party United States of America as the sole defendant (c/s) (slf, Deputy Clerk)
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                                                      Legal Document 19 Filed: 9/26/2000, Entered: 9/26/2000 OrderCourt Filing
                                                      ORDER denying [18-1] motion of plaintiff to Transfer Case, and plaintiff's new address in Ohio. ( signed by Judge Andre M. Davis 9/26/00) (c/i 9/26/00) (slf, Deputy Clerk)
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                                                        Blank 18 Filed: 9/13/2000, Entered: 9/26/2000, Terminated: 9/26/2000 Motion to Transfer Case
                                                        Letter MOTION by Enrique Facundo to Transfer Case (c/s) (slf, Deputy Clerk)
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                                                          Blank 17 Filed: 8/29/2000, Entered: 8/29/2000 OrderCourt Filing
                                                          ORDER, that plaintiff shall inform Court of any change of address; that the clerk mail a copy of this Order to plaintiff and a copy of this order and paper Nos. 1,4,6,10 and 11 to U.S. Attorney, Lynne Battaglia, Asst. U.S. Attorney Perry Sekus, Attorney Advisor Kelly McDonald, Deputy General Counsel for Bureau of Prisons and Attorney General of the United States; that defendant is directed to answr complaint in accordance with Rule 12(a) and that if defendant requires additional time to answer, counsel is directed to file a request for extension within 60 days. ( signed by Judge Andre M. Davis 8/29/00) (c/m 8/29/00) (slf, Deputy Clerk)
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                                                            Legal Document 16 Filed: 8/14/2000, Entered: 8/14/2000 OrderCourt Filing
                                                            ORDER granting [15-1] motion to Extend Time to respond to the complaint is extended to 10/12/00. ( signed by Judge Andre M. Davis 8/14/00) (c/i 8/14/00) (slf, Deputy Clerk)
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                                                              Blank -- Filed: 8/14/2000, Entered: 8/14/2000 Set/Reset Deadlines:
                                                              Deadline updated; 10/12/00 Answer deadline to 10/12/00 for Bureau of Prisons (slf, Deputy Clerk)
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                                                                Blank 15 Filed: 8/7/2000, Entered: 8/8/2000, Terminated: 8/14/2000 Motion for Extension of Time to File
                                                                MOTION by Bureau of Prisons to Extend Time to respond to the complaint (c/s) (slf, Deputy Clerk)
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                                                                  Blank 14 Filed: 8/1/2000, Entered: 8/1/2000 Correspondence/Local Rule 101
                                                                  Correspondence/Local Rule 101 mailed (hml, Deputy Clerk)
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                                                                    Blank 13 Filed: 7/28/2000, Entered: 7/31/2000 Correspondence
                                                                    CORRESPONDENCE from Pro Se Office USDC EDNY to plaintiff advising him that he must include the $150.00 filing fee or file a declaration of poverty (hml, Deputy Clerk)
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                                                                      Blank 12 Filed: 7/28/2000, Entered: 7/31/2000 ~Notice (other)
                                                                      Acknowledgment/NOTICE from USCA received RE: [9-1] appeal. Acknowledgment signed by Y.S. on 6/19/00. USCA# 00-2332. (hml, Deputy Clerk)
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                                                                        Blank 11 Filed: 7/28/2000, Entered: 7/31/2000 OrderCourt Filing
                                                                        ORDER granting [10-1] motion to Transfer Case to the District of Maryland. The government's time to answer, move, or otherwise reply to plaintiff's claims shall be extended to thirty (30) days after Court filed is received in the District of Maryland (signed by Judge Trager 7/13/00) (hml, Deputy Clerk)
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                                                                          Blank 10 Filed: 7/28/2000, Entered: 7/31/2000, Terminated: 7/28/2000 Motion to Transfer Case
                                                                          LETTER MOTION by Bureau of Prisons to Transfer Case to the District of Maryland (hml, Deputy Clerk)
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                                                                            Blank 9 Filed: 7/28/2000, Entered: 7/31/2000 Notice of Appeal
                                                                            NOTICE OF APPEAL by Enrique Facundo [8-1] order. Fee Status: IFP granted; Certificate of Appealability denied. PLEASE NOTE: CASE IS STILL OPEN; FILE REMAINS AT EDNY (hml, Deputy Clerk)
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                                                                              Blank 8 Filed: 7/28/2000, Entered: 7/31/2000 OrderCourt Filing
                                                                              ORDER denying [7-1] motion for Reconsideration of [6-1] order, denying motion for default judgment and denying motion for certification of an interlocutory appeal (signed by Judge David G. Trager 5/30/00) (hml, Deputy Clerk)
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                                                                                Blank 7 Filed: 7/28/2000, Entered: 7/31/2000, Terminated: 7/28/2000 Motion for Reconsideration
                                                                                MOTION by Enrique Facundo for Reconsideration of [6-1] order (hml, Deputy Clerk)
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                                                                                  Blank 6 Filed: 7/28/2000, Entered: 7/31/2000 OrderCourt Filing
                                                                                  ORDER "DISMISSING" plaintiff's complaint as frivolous and "DIRECTING" defendant to file a responsive pleading to the prison condition claims within (60) sixty days from the date of this order (signed by Judge David G. Trager 4/25/00) (hml, Deputy Clerk)
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                                                                                    Blank 5 Filed: 7/28/2000, Entered: 7/31/2000 Summons Returned Executed
                                                                                    RETURN OF SERVICE executed as to Bureau of Prisons 6/16/99 (hml, Deputy Clerk)
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                                                                                      Blank 4 Filed: 7/28/2000, Entered: 7/31/2000 OrderCourt Filing
                                                                                      ORDER granting [2-1] motion to Proceed in Forma Pauperis without being required to pay the $150.00 fee or give security, therefor (signed by Judge David G. Trager 4/29/00) (hml, Deputy Clerk)
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                                                                                        Blank 3 Filed: 7/28/2000, Entered: 7/31/2000 Correspondence
                                                                                        CORRESPONDENCE advising plaintiff that he must complete and return the authorization permitting the deductions from plaintiff's account and the release of financial info. to the court (hml, Deputy Clerk)
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                                                                                          Blank 2 Filed: 7/28/2000, Entered: 7/31/2000, Terminated: 7/28/2000 MOTION for Leave to Proceed Informa Pauperis
                                                                                          MOTION by Enrique Facundo to Proceed in Forma Pauperis with Supporting Documentation (hml, Deputy Clerk)
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                                                                                            Blank 1 Filed: 7/28/2000, Entered: 7/31/2000 Jury Demand
                                                                                            DEMAND for jury trial by Enrique Facundo (hml, Deputy Clerk)
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                                                                                              Blank 1 Filed: 7/28/2000, Entered: 7/31/2000 Complaint
                                                                                              COMPLAINT and exhibits 1-5 filed (hml, Deputy Clerk)
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                                                                                                Blank -- Filed: 7/28/2000, Entered: 7/31/2000 Remark
                                                                                                Interdistrict transfer to the District of Maryland (hml, Deputy Clerk)
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                                                                                                  Blank -- Filed: 7/28/2000, Entered: 7/31/2000 Transmission of Notice of Appeal and Docket Sheet
                                                                                                  Notice of appeal and certified copy of docket to USCA: [9-1] appeal by Enrique Facundo; PLEASE NOTE: CASE IS STILL OPEN; FILE REMAINS AT EDNY PER CHAMBERS (hml, Deputy Clerk)
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                                                                                                    Blank -- Filed: 7/28/2000, Entered: 7/31/2000 Summons Issued
                                                                                                    SUMMONS(ES) (60 days) issued for Bureau of Prisons (hml, Deputy Clerk)
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                                                                                                      Blank -- Filed: 7/28/2000, Entered: 7/31/2000 Case Transferred In - District Transfer
                                                                                                      Original file consisting of pleadings: 1-14 (pleadings # 9 and 11 not received); certified copy of transfer order and faxed docket sheet received from the Easter District of New York (Brooklyn) (hml, Deputy Clerk)
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