Forbes v. The United States Army et al
| North Carolina Eastern District Court | |
| Judge: | Terrence W Boyle |
| Referred: | Robert B Jones, Jr |
| Case #: | 5:24-cv-00176 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 05:552 Right to Privacy Act |
| Case Filed: | Mar 19, 2024 |
| Terminated: | Nov 18, 2024 |
| Last checked: Sunday Sep 15, 2024 5:59 AM EDT |
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Defendant
The United States Army
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Represented By
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Defendant
Christine E. Wormuth
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Represented By
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Plaintiff
Michael J. Forbes
SFC 614 Northhampton Rd.
Fayetteville, NC 28303 |
| Docket last updated: 03/12/2025 11:59 PM EDT |
| Monday, November 18, 2024 | ||
| 29 | 29
order
Judgment
Mon 11/18 4:59 PM
JUDGMENT. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 11/18/2024. (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Stouch, L.) |
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| 28 | 28
7
pgs
order
Order on Motion for Miscellaneous Relief Order on Motion for Leave to File Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Partial Summary Judgment
Mon 11/18 4:42 PM
ORDER - Plaintiffs motion for emergency injunctive relief [DE 3] and motion to compel urgent abeyance [DE 25] are DENIED. Plaintiff's motions to file a surreply [DE 27] and to be exempt from the Rules of Civil Procedure [DE 18] are DENIED AS MOOT. Plaintiff's motion for summary judgment [DE 16] is likewise DENIED AS MOOT. Defendants ' motion to dismiss [DE 13] is GRANTED. Signed by District Judge Terrence W. Boyle on 11/18/2024. (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Stouch, L.) |
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| Tuesday, November 12, 2024 | ||
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utility
Motions No Longer Referred Motion Submitted
Tue 11/12 12:20 PM
Motions No Longer Referred to US Magistrate Judge Robert B. Jones, Jr.:25 MOTION to Compel Urgent Abeyance,27 MOTION for Leave to File. Motions Submitted to District Judge Terrence W. Boyle. (Stouch, L.) |
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| Thursday, November 07, 2024 | ||
| 27 | 27
motion
Leave to File Document
Thu 11/07 1:06 PM
MOTION for Leave to File a Surreply regarding25 MOTION to Compel Urgent Abeyance filed by Michael J. Forbes. (Rudd, D.) |
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Att: 1
Exhibit DO1- Email to plaintiff dated 11/4/24,
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Att: 2
Exhibit DO2- Orders 305-0280 dated 10/31/24,
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Att: 3
Exhibit DO3- DD214,
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Att: 4
Exhibit DO4- Email dated 10/31/24,
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Att: 5
Exhibit DO5- Copy of a case from the United States Court of Federal Claims
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utility
Motion Referred
Thu 11/07 8:28 AM
Motion Referred to US Magistrate Judge Robert B. Jones, Jr. regarding25 MOTION to Compel Urgent Abeyance. (Rudd, D.) |
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| Wednesday, November 06, 2024 | ||
| 26 | 26
respm
Response in Opposition to Motion
Wed 11/06 11:17 AM
RESPONSE in Opposition regarding25 MOTION to Compel Urgent Abeyance filed by The United States Army, Christine E. Wormuth. |
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| Monday, October 21, 2024 | ||
| 25 | 25
motion
Miscellaneous Relief
Mon 10/21 10:06 AM
MOTION to Compel Urgent Abeyance filed by Michael J. Forbes. (Stouch, L.) |
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Att: 1
Enclosure C01,
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Att: 2
Enclosure C02,
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Att: 3
Enclosure C03,
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Att: 4
Enclosure C04,
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Att: 5
Enclosure C05,
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Att: 6
Enclosure C06,
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Att: 7
Enclosure C07,
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Att: 8
Enclosure C08,
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Att: 9
Folder
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| Thursday, October 17, 2024 | ||
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utility
Motion Submitted
Thu 10/17 1:44 PM
Motion Submitted to District Judge Terrence W. Boyle regarding13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,16 MOTION for Partial Summary Judgment,18 MOTION to Request Exemption of Rules,3 MOTION for Emergency Injunctive Relief. (Stouch, L.) |
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| Monday, July 29, 2024 | ||
| 24 | 24
respm
Reply to Response to Motion
Mon 07/29 3:15 PM
REPLY to Response to Motion regarding18 MOTION to Request Exemption of Rules filed by Michael J. Forbes. (Stouch, L.) |
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Att: 1
Enclosure B01 - US Army Training Booklet,
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Att: 2
Enclosure B02 - CIU Explanation,
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Att: 3
Enclosure B03 - Letter to Inspector General Horowitz,
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Att: 4
Enclosure B04 - Excerpts from Federal Register
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| 23 | 23
respm
Reply to Response to Motion
Mon 07/29 3:10 PM
REPLY to Response to Motion regarding16 MOTION for Partial Summary Judgment filed by Michael J. Forbes. (Stouch, L.) |
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| Monday, July 15, 2024 | ||
| 22 | 22
respm
Response in Opposition to Motion
Mon 07/15 1:06 PM
RESPONSE in Opposition regarding18 MOTION to Request Exemption of Rules filed by The United States Army, Christine E. Wormuth. |
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| 21 | 21
respm
Response in Opposition to Motion
Mon 07/15 1:01 PM
RESPONSE in Opposition regarding16 MOTION for Partial Summary Judgment filed by The United States Army, Christine E. Wormuth. |
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| 20 | 20
respm
Reply to Response to Motion
Mon 07/15 12:56 PM
REPLY to Response to Motion regarding13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The United States Army, Christine E. Wormuth. |
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| Monday, July 01, 2024 | ||
| 19 | 19
respm
Response to Motion
Wed 07/03 11:33 AM
RESPONSE to Motion regarding13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael J. Forbes. (Stouch, L.) |
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| 18 | 18
motion
Miscellaneous Relief
Wed 07/03 11:32 AM
MOTION to Request Exemption of Rules filed by Michael J. Forbes. (Stouch, L.) |
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| 17 | 17
29
pgs
respoth
Memorandum in Support
Wed 07/03 11:29 AM
Memorandum in Support regarding16 MOTION for Partial Summary Judgment filed by Michael J. Forbes. (Stouch, L.) |
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Att: 1
Enclosure A01,
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Att: 2
Enclosure A02,
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Att: 3
Enclosure A03,
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Att: 4
Enclosure A04,
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Att: 5
Enclosure A05,
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Att: 6
Enclosure A06,
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Att: 7
Enclosure A07,
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Att: 8
Enclosure A08,
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Att: 9
Enclosure A09,
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Att: 10
Enclosure A10,
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Att: 11
Enclosure A11,
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Att: 12
Enclosure A12,
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Att: 13
Enclosure A13,
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Att: 14
Enclosure A14,
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Att: 15
Enclosure A15,
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Att: 16
Enclosure A16,
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Att: 17
Enclosure A17,
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Att: 18
Enclosure A18,
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Att: 19
Enclosure A19,
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Att: 20
Enclosure A20,
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Att: 21
Enclosure A21,
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Att: 22
Enclosure A22,
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Att: 23
Enclosure A23,
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Att: 24
Enclosure A24,
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Att: 25
Enclosure A25,
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Att: 26
Enclosure A26,
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Att: 27
Enclosure A27,
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Att: 28
Enclosure A28,
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Att: 29
Enclosure A29,
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Att: 30
Enclosure A30,
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Att: 31
Enclosure A31,
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Att: 32
Enclosure A32,
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Att: 33
Enclosure A33,
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Att: 34
Enclosure A34,
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Att: 35
Enclosure A35
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| 16 | 16
motion
Partial Summary Judgment
Wed 07/03 11:19 AM
MOTION for Partial Summary Judgment filed by Michael J. Forbes. (Stouch, L.) |
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Att: 1
Cover Letter
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| Monday, June 24, 2024 | ||
| 15 | 15
misc
Rule 12 Letter
Mon 06/24 9:09 AM
Rule 12 Letter Issued to Michael J. Forbes as to13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Response due by 7/1/2024. (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Stouch, L.) |
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| Monday, June 10, 2024 | ||
| 14 | 14
17
pgs
respoth
Memorandum in Support
Mon 06/10 1:00 PM
Memorandum in Support regarding13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The United States Army, Christine E. Wormuth. |
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| 13 | 13
motion
Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim
Mon 06/10 12:59 PM
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The United States Army, Christine E. Wormuth. |
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| 12 | 12
notice
Notice of Appearance
Mon 06/10 12:56 PM
Notice of Appearance filed by Rudy E. Renfer on behalf of The United States Army, Christine E. Wormuth. |
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| Monday, April 29, 2024 | ||
| 11 | 11
service
Summons Returned Executed as to USA
Tue 04/30 8:34 AM
Summons Returned Executed by Certified Mail filed by Michael J. Forbes as to Defendants. (Stouch, L.) |
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Att: 1
Attorney General,
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Att: 2
Christine E. Wormuth
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| Wednesday, April 03, 2024 | ||
| 10 | 10
service
Summons Issued
Wed 04/03 10:23 AM
Summons Issued as to Christine E. Wormuth. (*NOTICE: Plaintiff shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Stouch, L.) |
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notice
Notice-other
Wed 04/03 10:33 AM
NOTICE - The defendant is a government agency or employee, and summonses are required for the agency or employee, the U.S. Attorney General, and the U.S. Attorney Civil Process Clerk. Completed proposed summonses should be submitted to the Clerk's Office for issuance and will be returned to plaintiff for service. (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Stouch, L.) |
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| Tuesday, April 02, 2024 | ||
| 9 | 9
notice
Document
Wed 04/03 10:15 AM
Documents: Corrected Attachment #2 to Complaint - Resume filed by Michael J. Forbes. (Stouch, L.) |
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Att: 1
Corrected Attachment # 8 to Complaint - Letter from J. Barnum,
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Att: 2
Corrected Attacment #33 to the COmplaint - 15-6 Meeting Email
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misc
Filing Fee Received
Wed 04/03 10:12 AM
Filing fee received: $ 405.00, receipt number 500009430. (Stouch, L.) |
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| Thursday, March 28, 2024 | ||
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utility
Motion Referred
Thu 03/28 2:12 PM
Motion Referred to US Magistrate Judge Robert B. Jones, Jr regarding2 MOTION for Leave to Proceed in forma pauperis. (Stouch, L.) |
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utility
Motion Submitted
Fri 04/12 8:53 AM
Motion Submitted to District Judge Terrence W. Boyle regarding3 MOTION for Emergency Injunctive Relief. (Stouch, L.) |
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| Wednesday, March 27, 2024 | ||
| 8 | 8
30+
pgs
respoth
Memorandum in Support
Thu 03/28 9:58 AM
CORRECTED Memorandum in Support regarding3 MOTION for Emergency Injunctive Relief filed by Michael J. Forbes. (Stouch, L.) |
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| 7 | 7
cmp
Complaint
Thu 03/28 9:48 AM
CORRECTED COMPLAINT against The United States Army, Christine E. Wormuth filed by Michael J. Forbes. (Stouch, L.) |
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notice
Notice of Pro Se E-Noticing
Wed 03/27 1:15 PM
Notice of Pro Se E-Noticing - Pro se party Michael J. Forbes has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. All documents filed in CM-ECF will be served on this party via email pursuant to Rule 5 of the Federal Rules of Civil Procedure and Local Civil Rule 5.1. (Stouch, L.) |
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| Tuesday, March 19, 2024 | ||
| 6 | 6
misc
Financial Disclosure Statement
Fri 03/22 9:01 AM
Financial Disclosure Statement filed by Michael J. Forbes. (Rudd, D.) |
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| 5 | 5
notice
Notice of Self-Representation
Fri 03/22 9:01 AM
Notice of Self-Representation filed by Michael J. Forbes. (Rudd, D.) |
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| 4 | 4
30+
pgs
respoth
Memorandum in Support
Fri 03/22 8:46 AM
Memorandum in Support regarding3 MOTION for Emergency Injunctive Relief filed by Michael J. Forbes. (Rudd, D.) |
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Att: 1
Exhibit A- Six Takeaways from teh Brigade SMAP,
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Att: 2
Exhibit B- Consent to Participate in the Special Operations Command Central Tactical Performance Index Questionnaire,
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Att: 3
Exhibit C- Daily FRAGO dated 1/24/2023,
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Att: 4
Exhibit D- Policy or Precedent dated 8/2/2021,
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Att: 5
Exhibit E- Management of U.S. Special Operations Command Social & Family Programs dated 9/13/2021,
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Att: 6
Exhibit F- US Special Operations Command - Organization and Functions,
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Att: 7
Exhibit G- Memorandum for Record dated 6/25/2021
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| 3 | 3
motion
Miscellaneous Relief
Fri 03/22 8:36 AM
MOTION for Emergency Injunctive Relief filed by Michael J. Forbes. (Rudd, D.) |
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Att: 1
Exhibit 1- Memorandum for SFC Michael Forbes dated 11/30/2023,
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Att: 2
Exhibit 2- Notification of Immediate Reenlistment Prohibition Code RET13 Transaction dated 10/23/2023,
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Att: 3
Exhibit 3- Notification of Immediate Reenlistment Prohibition Restrict Code RET13 Transaction dated 12/26/2023,
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Att: 4
Exhibit 4- Non-DOD Source - Reportable Research Program Violation dated 2/10/2023
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| 2 | 2
motion
Proceed In Forma Pauperis
Fri 03/22 8:26 AM
MOTION for Leave to Proceed in forma pauperis, filed by Michael J. Forbes. (Rudd, D.) |
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| 1 | 1
cmp
Complaint
Fri 03/22 8:18 AM
COMPLAINT against The United States Army, Christine E. Wormuth, filed by Michael J. Forbes. (Rudd, D.) |
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Att: 1
Exhibit 1- Michael J. Forbes - CV,
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Att: 2
Exhibit Resume,
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Att: 3
Exhibit 3- NCO Evaluation Report (SSG-1SG/MSG),
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Att: 4
Exhibit 4- Character Reference Letters,
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Att: 5
Exhibit General Officer Memorandum of Reprimand dated 5/30/2023,
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Att: 6
Exhibit 6- NCO Evaluation Report (SSG-1SG/MSG),
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Att: 7
Exhibit 7- Sworn Statement of Michael J. Forbes,
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Att: 8
Exhibit 8- Letter from James M. Branum, attorney to Commander, 528th SB(SO)(a) dated 3/31/2023,
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Att: 9
Exhibit 9- Various emails,
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Att: 10
Exhibit 10- Memorandum from the Department of the Army to SFC Michael Forbes dated 4/5/2023,
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Att: 11
Exhibit 11- Memorandum for Record regarding 528th HPW Assessment Program,
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Att: 12
Exhibit Copy of email dated 5/1/2023,
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Att: 13
Exhibit Copies of various emails,
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Att: 14
Exhibit Copy of email dated 6/16/2023,
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Att: 15
Exhibit 15- Copies of various emails,
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Att: 16
Exhibit 16- Copies of emails,
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Att: 17
Exhibit 17- Letter to Deputy Commanding Officer (DCO) of Operatoins dated 11/24/2023,
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Att: 18
Exhibit 18- Email dated 1/19/2024,
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Att: 19
Exhibit 19- Decision regarding Response to Request for Redress,
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Att: 20
Exhibit 20- Statement of Entitlement to Retention Incentive (Reenlistment) dated 1/16/2020,
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Att: 21
Exhibit 21- Corestrengths - Terms of Service,
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Att: 22
Exhibit 22- Corestrengths - Privacy Police,
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Att: 23
Exhibit 23- Email from Manuel Sanchez dated 12/2/2022,
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Att: 24
Exhibit 24- Memorandum for Record dated 6/25/2021,
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Att: 25
Exhibit 25- Email dated 12/19/2022 regarding (Awareness) HHC Announcement, HPW Assessment,
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Att: 26
Exhibit 26- Various emails regarding HPW program pending orders,
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Att: 27
Exhibit 27- Email from Tavi Brunson dated 11/29/2022,
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Att: 28
Exhibit 28- Email from Rhea Racaza dated 11/29/2022,
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Att: 29
Exhibit 29- Email from Michael Forbes dated 6/10/2023,
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Att: 30
Exhibit 30- Memorandum for Commander dated 2/22/2023,
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Att: 31
Exhibit 31- Daily FRAGO dated,
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Att: 32
Exhibit 32- Memorandum for Record - Investigation Timeline,
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Att: 33
Exhibit 33- 15-6 Meeting,
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Att: 34
Exhibit 34- Sworn statement,
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Att: 35
Exhibit 35- Memorandum for Investigating Officer - Extension request,
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Att: 36
Exhibit 36- Report of Proceedings by Investigating Officer,
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Att: 37
Exhibit 37- Unclassified // FOUO,
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Att: 38
Exhibit 38- Email dated 12/7/2022,
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Att: 39
Exhibit 39 - HPW program pending orders dated 5/9/2023,
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Att: 40
Exhibit 40- USASOC Wireless Detection Report dated 12/9/2022,
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Att: 41
Exhibit 41- Copy of photograph,
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Att: 42
Exhibit 42- Chapter 8 - Portable Electronic Device Exception to Policy Process,
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Att: 43
Exhibit 43- Request for Mental Health Evaluation,
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Att: 44
Exhibit 44- Email from Larry Morgan dated 1/20/2023,
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Att: 45
Exhibit 45- Appointment as Investigating Officer,
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Att: 46
Exhibit 46- Authorization for Disclosure of Medical or Dental Information,
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Att: 47
Exhibit 47- Inspector General Action Request,
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Att: 48
Exhibit 48- Appointment as Preliminary Inquiry Investigating Officer into Allegations,
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Att: 49
Exhibit 49- Letter to Representative Richard Hudson dated 4/28/2023,
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Att: 50
Exhibit 50- Privacy Authorization Release Form,
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Att: 51
Exhibit 51- Letter from the Investigations Division dated 11/27/2023 to SFC Forbes,
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Att: 52
Exhibit 52- Developmental Counseling Form,
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Att: 53
Exhibit 53- Policy or Precedent dated 5/28/2021,
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Att: 54
Exhibit 54- Policy or Precedent dated 9/4/2018,
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Att: 55
Exhibit 55- Letter to Christine E. Wormuth from Sabrina Forbes dated 5/23/2023,
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Att: 56
Exhibit 56- Information regarding Womack Army Medical Center - Advanced Medical Directives for Patients,
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Att: 57
Exhibit 57- Freedom of Information Act request MEDCOM,
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Att: 58
Exhibit 58- Policy or Precedent dated 8/2/2021,
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Att: 59
Exhibit 59- Email dated 4/20/2023,
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Att: 60
Exhibit 60- Memorandum for SFC Michael Forbes dated 11/30/2023,
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Att: 61
Exhibit 61- Letter from Attorney James M. Branum dated 11/24/2023 to Deputy Commanding Officer,
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Att: 62
Exhibit 62- Email dated 3/8/2024 regarding Phoenix Warrior Wellness Time,
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Att: 63
Exhibit 63- Phoenix Warrior Wellness Time,
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Att: 64
Civil Cover Sheet,
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Att: 65
Proposed Summons
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