| Date Filed | Doc # | Docket Text |
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| 2015-03-30 | 1 | COMPLAINT against U.S. Marshal Service, filed by Julio C. Cardenas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Cover Letter, # 13 Envelope)(tdai, ) (Entered: 03/30/2015) |
| 2015-04-08 | 2 | MEMORANDUM ORDER that this action is CONDITIONALLY docketed; Plaintiff to submit statement as set out herein within 30 days of entry hereof; Clerk to obtain certified copy of Plaintiffs trust fund account for 6 month period immediately preceding the initiation of this action; Plaintiff to return the Consent to Collection of Fees form within thirty (30) days of entry hereof. See Order for more details. Signed by Magistrate Judge Roderick C. Young on 04/08/2015. Copies mailed: Yes to Plaintiff and documents to institution.(ccol, ) (Entered: 04/08/2015) |
| 2015-04-22 | 3 | Prisoner Trust Fund Account Statement from USP Big Sandy as to Julio C. Cardenas. (tdai, ) (Entered: 04/22/2015) |
| 2015-04-27 | 4 | Letter dated April 18, 2015 RECEIVED by Julio C. Cardenas. (tdai, ) (Entered: 04/28/2015) |
| 2015-06-09 | 5 | (VACATED per Order 10 Filed 7/31/2015) MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 6/8/15. Copy sent: Yes (tdai, ) Modified docket text on 7/31/2015 (sbea, ). (Entered: 06/09/2015) |
| 2015-06-09 | 6 | (VACATED per Order 10 Filed 7/31/2015) ORDER DISMISSING CASE. Signed by District Judge Robert E. Payne on 6/8/15. Copy sent: Yes (tdai, ) Modified docket text on 7/31/2015 (sbea, ). (Entered: 06/09/2015) |
| 2015-06-18 | 7 | MOTION for Reconsideration re 6 Order Dismissing Case by Julio C. Cardenas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Envelope)(tdai, ) (Entered: 06/18/2015) |
| 2015-06-25 | 8 | NOTICE of Filing of Attachment re 7 MOTION for Reconsideration by Julio C. Cardenas. (Attachments: # 1 Cover Letter, # 2 Envelope)(tdai, ) (Entered: 06/26/2015) |
| 2015-07-31 | 9 | MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 7/30/2015. Copy of Memorandum Opinion was mailed to Plaintiff. (sbea, ) (Entered: 07/31/2015) |
| 2015-07-31 | 10 | ORDER that 1) Cardenas's Rule 59(e) Motion is granted. 2) The June 9, 2015 Memorandum Opinion and Order are vacated. 3) The Clerk is directed to reopen the action. 4) The Clerk is directed to file Cardenas's forma pauperis affidavit and his consent to the collection of fees form attached to his Rule 59(e) Motion. (ECF No. 7-1, at 2-4.) It is so Ordered. Signed by District Judge Robert E. Payne on 7/30/2015. Copy of Order was mailed to Plaintiff. (sbea, ) (Entered: 07/31/2015) |
| 2015-07-31 | 11 | MOTION for Leave to Proceed in forma pauperis by Julio C. Cardenas. (Attachment: # 1 Envelope). (sbea, ) (Entered: 07/31/2015) |
| 2015-07-31 | 12 | Consent to Collection of Fees by Julio C. Cardenas. (Attachment: # 1 Envelope). (sbea, ) (Entered: 07/31/2015) |
| 2015-08-20 | 13 | MEMORANDUM ORDER that Plaintiff to submit partial filing fee of $45.74, and remains liable for the entire filing fee of $350.00. Within twenty (20) days of the date of entry hereof, the Court will contact Plaintiff's place of incarceration. The institution will then forward to the Court twenty percent (20%) of all deposits into Plaintiff's account until the full $350.00 filing fee is paid. Plaintiff may move to voluntarily dismiss within eleven (11) days or he will be responsible for entire fee. See Order for more details. Signed by Magistrate Judge Roderick C. Young on 8/20/2015. Memorandum Order was mailed to Plaintiff. (sbea, ) (Entered: 08/20/2015) |
| 2015-09-03 | 14 | LETTER MOTION for Extension of Initial Payment by Julio C. Cardenas. (Attachment: # 1 Envelope). (sbea, ) (Entered: 09/04/2015) |
| 2015-09-16 | 15 | ORDER that Court GRANTS Plaintiff's 14 request for an extension of time. Plaintiff shall file the $45.74 initial partial filing fee within thirty (30) days of the date of entry hereof. It is so ORDERED. Signed by Magistrate Judge Roderick C. Young on 9/16/2015. Memorandum Order was mailed to Plaintiff. (sbea, ) (Entered: 09/16/2015) |
| 2015-11-13 | 16 | Letter from Julio C. Cardenas regarding filing fee payment. (Attachments: # 1 Letter from USDC)(lbre, ) (Entered: 11/13/2015) |
| 2015-11-13 | 17 | MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 11/12/2015. Memorandum Opinion was mailed to Plaintiff. (sbea, ) (Entered: 11/13/2015) |
| 2015-11-13 | 18 | ORDER that the action is dismissed without prejudice because Cardenas failed to pay the initial partial filing fee or aver that he is unable to pay. Should Cardenas desire to appeal, a written notice of appeal must be filed with the Clerk of the Court within sixty (60) days of the date of entry hereof. Failure to file a notice of appeal within that period may result in the loss of the ability to appeal. It is so ORDERED. Signed by District Judge Robert E. Payne on 11/12/2015. Order mailed to Plaintiff. (sbea, ) (Entered: 11/13/2015) |
| 2015-12-11 | 19 | NOTICE OF APPEAL as to re: 18 Order by Julio C. Cardenas. No filing fee was received. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Envelope). (sbea, ) (Entered: 12/11/2015) |
| 2015-12-11 | 21 | MOTION for Reconsideration by Julio C. Cardenas re: 18 Order. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Envelope). (sbea, ) (Entered: 12/14/2015) |
| 2015-12-14 | 20 | Transmission of Notice of Appeal to US Court of Appeals re 19 Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lbre, ) (Entered: 12/14/2015) |
| 2015-12-14 | | Assembled INITIAL Electronic Record Transmitted to 4CCA re 19 Notice of Appeal, (lbre, ) (Entered: 12/14/2015) |
| 2015-12-14 | | USCA Case Number 15-2542, USCA Case manager P.Stump for 19 Notice of Appeal, filed by Julio C. Cardenas. (lbre, ) (Entered: 12/15/2015) |
| 2016-01-11 | 22 | Letter by Julio Cardenas dated January 6, 2016. (Attachment: # 1 Envelope). (sbea, ) (Entered: 01/12/2016) |
| 2016-01-26 | 23 | ORDER of USCA as to 19 Notice of Appeal filed by Julio C. Cardenas : Upon consideration of the motion to voluntarily dismiss this case pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, and there appearing noopposition, the court grants the motion. (lbre, ) (Entered: 01/27/2016) |
| 2016-01-26 | 24 | USCA Mandate re 19 Notice of Appeal: This court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (lbre, ) (Entered: 01/27/2016) |
| 2016-01-28 | 25 | MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 1/27/2016. Memorandum Opinion was mailed to Plaintiff. (sbea, ) (Entered: 01/28/2016) |
| 2016-01-28 | 26 | ORDER that 1) Cardenas's Rule 59(e) Motion 21 is denied. 2) Cardenas may file a new civil action if he desires to proceed with his claims. Should Cardenas desire to appeal, a written notice of appeal must be filed with the Clerk of the Court within sixty (60) days of the date of entry hereof. Failure to file a notice of appeal within that period may result in the loss of theability to appeal. It is so ORDERED. Signed by District Judge Robert E. Payne on 1/27/2016. Order was mailed to Plaintiff. (sbea, ) (Entered: 01/28/2016) |
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