Case: Yarzue v. Division of Immigration Health Services

Yarzue v. Hogan

Yarzue v. Hogan

COMPLAINT against all defendants filed by Plaintiff Benedictus Yarzue, w/request for counsel on his behalf at paragraph 8, Section V. (Entered: 07/15/2005)

MOTION and affidavit for Leave to Proceed in forma pauperis by Benedictus Yarzue.(bp) (Entered: 07/15/2005)

STANDING PRACTICE ORDER signed by M.D.PA judges issued on 7/15/05.(bp) (Entered: 07/15/2005)

PRISONER LETTER ISSUED w/ Notice & Consent Form and U.S. Marshal Forms to Plf Yarzue from Wmpt. (bp) (Entered: 07/15/2005)

ORDER granting 2 Motion for Leave to Proceed in forma pauperis, which is construed as a motion to proceed without full prepayment of fees and costs. U.S.Marshal directed to serve Plf complaint on Dfts named therein. Signed by Judge James F. McClure Jr. on 7/19/05 (bp) (Entered: 07/19/2005)

Mail Returned as Undeliverable. Mail sent to Benedictus Yarzue at Berks County Prison. Telephoned Records Department, Berks County Prison, and was told inmate Yarzue left there 7/15/05 in the custody of Immigration, and Berks County did not know where he was taken. (bp) (Entered: 07/27/2005)

NOTICE of Change of Address by Benedictus Yarzue (ga, ) (Entered: 08/01/2005)

MOTION for Leave to File AMENDED COMPLAINT by Benedictus Yarzue.(kw) (Entered: 08/29/2005)

NOTICE of Change of Address by Benedictus Yarzue (lg, ) (Entered: 09/27/2005)

WAIVER OF SERVICE Returned by Benedictus Yarzue. Dennis Bowen waiver sent on 9/15/2005, answer due 11/14/2005. (ep, ) (Entered: 10/07/2005)

NOTICE of Change of Address by Benedictus Yarzue. Docket Sheet has been updated to reflect current address per filing. (kw, ) (Entered: 10/17/2005)

EXHIBITS by Benedictus Yarzue re 1 Complaint. (Attachments: # 1 Exhibit(s) A# 2 B# 3 C# 4 D# 5 E# 6 F# 7 G# 8 H)(kw, ) (Entered: 10/21/2005)

NOTICE by Benedictus Yarzue of change of address and asking to be let out of quarantine (lg, ) (Entered: 10/21/2005)

Defendants' ANSWER to Complaint with Affirmative Defenses , CROSSCLAIM against United States of America Department of Homeland Security, John Doe by Thomas Hogan, Beata, Roger Thomas, Dennis Bowen.(Reihart, Donald) (Entered: 11/08/2005)

THIRD PARTY COMPLAINT against United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services, THIRD PARTY COMPLAINT against United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services, filed by Thomas Hogan, Beata, Roger Thomas, Dennis Bowen. (Attachments: # 1 Exhibit(s) # 2 Criminal Cover Sheet # 3 Summons) (Reihart, Donald) (Entered: 11/08/2005)

ORDER granting 7 Motion for Leave to File amended complaint; secretary Chertoff substituted for Jone Doe; US Marshal shall serve, Signed by Judge James F. McClure Jr. on 11/9/05 (lg, ) (Entered: 11/09/2005)

ORDER: Appointing Angus R. Love, Esquire, and Michael J. Cooke, Esquire, counsel for plaintiff through final disposition of the case in the district court; the appointment is pro bono except to the extent that attorneys fees may be awarded pursuant to statute if plaintiff is the prevailing party. Signed by Judge James F. McClure Jr. on 11/9/05. (km, ) (Entered: 11/09/2005)

Summons Issued as to Michael Chertoff and USA and provided to USM for service. (lg, ) (Entered: 11/09/2005)

THIRD Party Summons Issued as to United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (lg, ) (Entered: 11/16/2005)

SUMMONS Returned Executed by Thomas Hogan, Beata, Roger Thomas, Dennis Bowen. United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services served on 11/15/2005, answer due 1/17/2006. (Reihart, Donald) (Entered: 11/18/2005)

SUMMONS Returned Executed by Thomas Hogan, Beata, Roger Thomas, Dennis Bowen. United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services served on 11/28/2005, answer due 1/17/2006. (Reihart, Donald) (Entered: 11/30/2005)

Unopposed MOTION for Leave to File Amended Complaint by Benedictus Yarzue. (Attachments: # 1 Proposed Amended Complaint) (Cooke, Michael) (Entered: 12/21/2005)

ORDER Signed by Judge James F. McClure Jr. on 1/6/05: within 10 days of the date of this order, plaintiff shall serve additional defendant Chertoff with a copy of his motion to file a second amended complaint; within 10 days of the date of this order, plaintiff shall file a brief in support of his pending motion to amend; failure of the plaintiff to timely comply with this Order will result in his motion being deemed withdrawn. (lg, ) (Entered: 01/06/2006)

CERTIFICATE OF SERVICE by Benedictus Yarzue re 19 Unopposed MOTION for Leave to File Amended Complaint , 20 Order, (Cooke, Michael) (Entered: 01/06/2006)

NOTICE of Voluntary Dismissal by Benedictus Yarzue of Michael Chertoff (Attachments: # 1 Certificate of Service)(Cooke, Michael) (Entered: 01/10/2006)

BRIEF IN SUPPORT re 19 Unopposed MOTION for Leave to File Amended Complaint filed by Benedictus Yarzue. (Attachments: # 1 Appendix)(Cooke, Michael) (Entered: 01/17/2006)

MOTION for Extension of Time to File Answer re 14 Third Party Complaint,,,,, by United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (Attachments: # 1 Exhibit(s) A# 2 Certificate of Concurrence# 3 Proposed Order)(Butler, Michael) (Entered: 01/23/2006)

ORDER: GRANTING the federal defendants' unopposed 24 motion requesting an enlargement of time; the federal defendants may file a response to the third party complaint on or before 3/24/2006. Signed by Judge James F. McClure Jr. on 1/24/2006. (km, ) (Entered: 01/24/2006)

Unopposed MOTION for Extension of Time to Respond to Motion for Leave to File Amended Complaint by United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (Attachments: # 1 Certificate of Concurrence# 2 Proposed Order)(Butler, Michael) (Entered: 01/31/2006)

ORDER: GRANTING the federal defendants' unopposed 26 Motion requesting an enlargement of time; federal defendants' response to the plaintiff's motion to file a 2nd amended complaint due by 2/14/2006. Signed by Judge James F. McClure Jr. on 2/6/06. (km, ) (Entered: 02/06/2006)

RESPONSE by United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services to 19 Unopposed MOTION for Leave to File Amended Complaint . (Butler, Michael) (Entered: 02/14/2006)

Letter from Plf to the Court, w/attachment. (bp) (Entered: 02/23/2006)

Letter from Pro Se Writ Clerk to Benedictus Yarzue advising that the Court cannot give legal advice and he must file a motion rather than a letter. (prose, ) (Entered: 03/21/2006)

MOTION to Dismiss Third-Party Complaint by United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (Attachments: # 1 Certificate of Non Concurrence# 2 Proposed Order)(Butler, Michael) (Entered: 03/24/2006)

BRIEF IN SUPPORT re 31 MOTION to Dismiss Third-Party Complaint filed by United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (Attachments: # 1 Exhibit(s) A - C)(Butler, Michael) (Entered: 03/24/2006)

BRIEF IN OPPOSITION re 31 MOTION to Dismiss Third-Party Complaint filed by Thomas Hogan, Beata, Roger Thomas, Dennis Bowen. (Attachments: # 1 Exhibit(s) 1# 2 Exhibit(s) 2# 3 Cert of Service of Exhibits# 4 Proposed Order)(Reihart, Donald) (Entered: 04/07/2006)

REPLY BRIEF re 31 MOTION to Dismiss Third-Party Complaint filed by United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (Attachments: # 1 Exhibit(s) A - D)(Butler, Michael) (Entered: 04/21/2006)

AMENDED COMPLAINT against Division of Immigration Health Services, Department of Homeland Security, York County, Berks County, Timothy Shack, John Doe, Jane Doe, Charles Norris, John Roe, Jane Roe, Prison Health Services, Inc., PrimeCare Medical Inc., Thomas Hogan, filed by Benedictus Yarzue.(lg, ) (Entered: 05/23/2006)

DOCKET ANNOTATION: document 36 deleted; to be re-docketed correctly as second amended complaint against all named parties. (lg, ) (Entered: 05/22/2006)

DOCKET ANNOTATION: summons entry deleted; to be re-entered properly as to federal defendants and state defendants. (lg, ) (Entered: 05/23/2006)

Summons Issued as to Division of Immigration Health Services, Department of Homeland Security, Timothy Shack, John Doe, Jane Doe and mailed to attorney Cooke for service. (lg, ) (Entered: 05/23/2006)

Summons Issued as to York County, Berks County, Charles Norris, John Roe, Jane Roe, Prison Health Services, Inc., PrimeCare Medical Inc. and mailed to Attorney Cooke for service on Defendant(s). (lg, ) (Entered: 05/23/2006)

ANSWER to Amended Complaint by Defs Thomas Hogan and York County , CROSSCLAIM against Division of Immigration Health Services, Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services by York County, Thomas Hogan.(Reihart, Donald) (Entered: 06/05/2006)

NOTICE of Appearance by Thomas Edward Brenner on behalf of PrimeCare Medical Inc. (Brenner, Thomas) (Entered: 06/26/2006)

Letter from Yarzue (lg, ) (Entered: 07/19/2006)

Letter from Pro Se Writ Clerk to Benedictus Yarzue informing him that no action will be taken on the basis of a letter and any requests for relief must be in the form of a motion. (prose, ) (Entered: 07/24/2006)

NOTICE of Appearance by David R. Zaslow on behalf of Charles Norris, Prison Health Services, Inc. (Zaslow, David) (Entered: 08/11/2006)

NOTICE of Appearance by Thomas Edward Brenner on behalf of Berks County (Brenner, Thomas) (Entered: 08/11/2006)

MOTION for Extension of Time to TO FILE RESPONSIVE PLEADING by Berks County, PrimeCare Medical Inc..(Brenner, Thomas) (Entered: 08/11/2006)

Eighth MOTION for Extension of Time to Respond to Plaintiff's Second Amended Complaint by Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services, United States of America Department of Homeland Security, United States of America Department of Homeland Security, United States Immigration and Customs Enforcement, Office of Detention and Removal of Operations, Division of Immigration Health Services. (Attachments: # 1 Certificate of Service# 2 Certificate of Concurrence# 3 Proposed Order) (Butler, Michael) (Entered: 08/11/2006)

ORDER: GRANTING defendants PrimeCare Medical, Inc. and Berks' County unopposed 43 Motion requesting an enlargement of time; the moving defendants may file a response to plaintiff's 2nd amd complaint on or before 9/29/2006. Signed by Judge James F. McClure Jr. on 8/15/2006. (km, ) (Entered: 08/15/2006)

STIPULATION of Dismissal by Benedictus Yarzue. (Attachments: # 1 Certificate of Service)(Cooke, Michael) (Entered: 09/01/2006)

NOTICE of Voluntary Dismissal by Thomas Hogan, Beata, Roger Thomas, Dennis Bowen of Third-Party Complaint (Attachments: # 1 Cert of Service)(Reihart, Donald) (Entered: 09/07/2006)