Canales v. Edison et al
Plaintiff: Ramiro Canales
Defendant: Daniel J Questenberry, Duyean Bui, Michelle Spruell-Smith, Annuncia Wright, Demetria Edison, Jherick M Campbell and Jenita Moore
Case Number: 1:2020cv00077
Filed: February 28, 2020
Court: US District Court for the Eastern District of Texas
Office: Beaumont Office
Presiding Judge: Keith F Giblin
Referring Judge: Thad Heartfield
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 4, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2020 Opinion or Order Filing 60 DOCKET CONROL ORDER setting various deadlines. Signed by Magistrate Judge Keith F. Giblin on 4/27/20. (fal, )
April 16, 2020 Opinion or Order Filing 59 RESPONSE to Motion re #57 MOTION for Default Judgment, or Alternative NOTICE of Plaintiff's Compliance with Court's Order filed by Michelle Spruell-Smith. (Attachments: #1 Text of Proposed Order)(Pickett, Amber) Modified on 4/17/2020 (tkd, ).
April 10, 2020 Opinion or Order Filing 58 BRIEF in Response to ORDER #55 filed by Ramiro Canales. (fal, )
April 3, 2020 Opinion or Order Filing 57 MOTION for Default Judgment as to by Ramiro Canales. (Attachments: #1 Exhibit (Medical Auth))(fal, )
April 3, 2020 Opinion or Order Filing 56 ACKNOWLEDGMENT OF RECEIPT by Ramiro Canales on 3/30/20 as to #55 Order and Doc#s 52, 53, 54.(fal, )
March 26, 2020 Opinion or Order Filing 55 ORDER STRIKING #54 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Ramiro Canales, #52 Amended Complaint filed by Ramiro Canales, and #53 MOTION to Appoint Counsel filed by Ramiro Canales. Court ORDERS no further pleadings will be accepted by the Court until the issue of the signed medical records authorization is resolved. Other various instructions included in order. Signed by Magistrate Judge Keith F. Giblin on 3/26/20. (fal, )cc:Canales Modified on 3/26/2020 (fal, ).
March 23, 2020 Opinion or Order Filing 54 *** STRICKEN PER ORDER #55*** MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order by Ramiro Canales. (fal, ) Modified on 3/26/2020 (fal, ).
March 23, 2020 Opinion or Order Filing 53 *** STRICKEN PER ORDER #55*** MOTION to Appoint Counsel by Ramiro Canales. (fal, ) Modified on 3/26/2020 (fal, ).
March 23, 2020 Opinion or Order Filing 52 *** STRICKEN PER ORDER #55***AMENDED COMPLAINT against Duyean Bui, Demetria Edison, Daniel J Questenberry, Michelle Spruell-Smith, Annuncia Wright, Jherick M Campbell, Jenita Moore, filed by Ramiro Canales.(fal, ) Modified on 3/26/2020 (fal, ).
March 13, 2020 Opinion or Order Filing 51 NOTICE by Duyean Bui, Demetria Edison, Daniel J Questenberry, Annuncia Wright re #46 Order,, Regarding [D.E. 46] (Weltge, Evan)
March 13, 2020 Opinion or Order Filing 50 NOTICE of Plaintiff's non-compliance by Michelle Spruell-Smith with #46 Order. (Pickett, Amber) Modified on 3/13/2020 (bjc, ).
March 12, 2020 Opinion or Order Filing 49 NOTICE by Demetria Edison, Daniel J Questenberry of Initial Disclosures to the Plaintiff (Pena, Jonathan)
March 5, 2020 Opinion or Order Filing 48 NOTICE by Duyean Bui, Annuncia Wright of Initial Disclosure-Amended (Weltge, Evan)
March 5, 2020 Opinion or Order Filing 47 NOTICE by Duyean Bui, Annuncia Wright of Initial Disclosure (Weltge, Evan)
March 3, 2020 Opinion or Order Filing 46 ORDER that the parties have ten days from entry below to update the Court as to the status of plaintiffs ability to review the relevant medical records in this case and the plaintiffs authorization to release medical records to the defendants. If plaintiff is still refusing to sign the authorization, both parties shall file briefing regarding the legal authority supporting their positions on this issue within the thirty days from entry below. Signed by Magistrate Judge Keith F. Giblin on 3/3/20. (fal, )
February 28, 2020 Opinion or Order Filing 45 FIRST REQUEST for production of document by Ramiro Canales (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 44 MEMORANDUM ORDER adopting #21 Report and Recommendation. Signed by District Judge Marcia A. Crone on 1/21/2020. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 43 MEMORANDUM ORDER adopting #22 Report and Recommendation. Signed by District Judge Marcia A. Crone on 1/21/2020. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 42 Letter from Ramiro Canales (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 41 RESPONSE to #38 Order by Ramiro Canales. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 40 NOTICE of plaintiff's non-compliance with court's order by FNU Spruell-Smith (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 39 ACKNOWLEDGMENT OF RECEIPT by Ramiro Canales as to #38 Order. (bjc, )
February 28, 2020 Opinion or Order Filing 38 ORDER lifting stay. Signed by Magistrate Judge Keith F. Giblin on 12/2/2019. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 37 DEMAND for Trial by Jury by Duyean Bui, FNU Wright. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 36 ANSWER to Complaint by Duyean Bui, FNU Wright.(bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 35 DEMAND for Trial by Jury by Demetria Edison, Daniel J Questenberry. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 34 ANSWER to #2 Amended Complaint by Demetria Edison, Daniel J Questenberry.(bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 33 RESPONSE to #28 Order by Ramiro Canales. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 32 ACKNOWLEDGMENT OF RECEIPT by Ramiro Canales as to #28 Order. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 31 Request to deny dfts motion to dismiss. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 30 ACKNOWLEDGMENT OF RECEIPT by Ramiro Canales as to #21 Report and Recommendations. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 29 ACKNOWLEDGMENT OF RECEIPT by Ramiro Canales as to #22 Report and Recommendations. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 28 ORDERED that this case is stayed for 60 days in order to allow plaintiff time to review the medical records and sign the authorization. Signed by Magistrate Judge Keith F. Giblin on 8/20/2019. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 27 SUMMONS Returned Executed by USM. Demetria Edison served on 8/14/2019 (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 26 NOTICE of plaintiff's non-compliance with court's order by FNU Spruell-Smith (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 25 NOTICE of attorney appearance by Nichol L Bunn on behalf of FNU Spruell-Smith (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 24 SUMMONS re-issued as to Demetria Edison\ and hand delivered to USM for service (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 23 ORDERED that the Clerk of Court shall issue process and the United States Marshal shall serve process upon Demetria Edison. Signed by Magistrate Judge Keith F. Giblin on 8/12/2019. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 22 REPORT AND RECOMMENDATION recommending the #14 MOTION to Dismiss filed by Daniel J Questenberry should be denied in part and granted in part. Signed by Magistrate Judge Keith F. Giblin on 8/8/2019. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 21 REPORT AND RECOMMENDATION recommending the #7 MOTION to Dismiss filed by FNU Wright, Duyean Bui should be denied. Signed by Magistrate Judge Keith F. Giblin on 8/8/2019. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 20 Letter from Ramiro Canales (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 19 ORDER granting #17 Motion for extension of time to extend deadlines. Signed by Magistrate Judge Keith F. Giblin on 7/30/2019. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 18 RESPONSE to #14 MOTION to Dismiss filed by Ramiro Canales. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 17 MOTION for extension of time to file extend deadlines in order [doc 61] by FNU Sprevill by FNU Spruell-Smith. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 16 NOTICE by Office of Attorney General as Amicus Curiae (bjc, )(Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 15 RESPONSE to Motion re #7 MOTION to Dismiss filed by Ramiro Canales. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 14 MOTION to Dismiss by Daniel J Questenberry. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 13 ANSWER to Complaint by FNU Spruell-Smith.(bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 12 SUMMONS Returned Executed CMRR by USM. Michelle Spruell-Smith served on 5/23/2019 (bjc, ) (Originally filed in 1;16cv140) (Attachment(s): #1 Sealed Green Card) (bjc, ).
February 28, 2020 Opinion or Order Filing 11 SUMMONS Returned Executed CMRR by USM. Demetria Edison served on 5/24/2019 (Attachments: #1 Sealed Green Card)(bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 10 SUMMONS Returned Executed CMRR by USM. Daniel J Questenberry served on 5/20/2019. (Attachments: #1 Sealed Green Card)(bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 9 SUMMONS Issued as to Jherick M Campbell, FNU Edison, Daniel J Questenberry, FNU Sprevill and given to USM for service. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 8 ORDERED that the Clerk of Court shall issue process and the USM shall serve process upon Michelle Spruell-Smith, Jherick Campbell, Demetria Edison and Daniel Quesenberry. Defts shall have 40 days from the date of service of process to answer or otherwise plead.. Signed by Magistrate Judge Keith F. Giblin on 5/16/2019. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 7 MOTION to Dismiss by Duyean Bui, FNU Wright. (bjc, )(Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 6 ORDER. Ordered that defendants Daniel J Questenberry, Jherick M Campbell, Edison, Moore, Bui, Wright and Sprevill shall have 30 days from the receipt hereof within which to answer or otherwise plead.. Signed by Magistrate Judge Keith F. Giblin on 4/8/2019. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 5 AFFIDAVIT by Ramiro Canales. (bjc, ) (Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 4 RESPONSE to #3 Order, by Ramiro Canales. (bjc, )(Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 3 ORDERED that plaintiff shall have 20 days from the date of this order to file an amended pleading that contains a more detailed factual discussion explaining his basis of recovery. Signed by Magistrate Judge Keith F. Giblin on 10/31/2018. (bjc, )(Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 2 AMENDED COMPLAINT against Duyean Bui, Demetria Edison, Daniel J Questenberry, FNU Spruell-Smith, FNU Wright, filed by Ramiro Canales.(bjc, ) (Original filed in 1:16cv140)
February 28, 2020 Opinion or Order Filing 1 ORDERED that Plaintiff's 101 Motion for leave to amend is denied. ORDERED that Plaintiffs claims against defendants Edison, Questenberry, Bui, Wright,and Spruell-Smith shall be SEVERED from this action and shall proceed as a separate civil rights action filed pursuant to 42 U.S.C. 1983. The Clerk of Court is further instructed to include the following docket entries in the newly formed civil rights action: 28-29, 32-33, 37, 41, 47-51, 55-56, 58-59, 65-67, 71-73, 75-78, 80, 82-83, 85-86, 88-94, 96-98, 100, 106-107 and 111.. Signed by Magistrate Judge Keith F. Giblin on 2/28/2020. (bjc, )(Originally filed in 1:16cv140)
February 28, 2020 Opinion or Order CASE REFERRED to Magistrate Judge Keith F. Giblin. (bjc, )

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Defendant: Daniel J Questenberry
Represented By: Jonathan M Pena
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Defendant: Duyean Bui
Represented By: Evan William Weltge
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Defendant: Michelle Spruell-Smith
Represented By: Amber Rochelle Pickett
Represented By: Nichol L Bunn
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Defendant: Annuncia Wright
Represented By: Evan William Weltge
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Defendant: Demetria Edison
Represented By: Jonathan M Pena
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Defendant: Jherick M Campbell
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Defendant: Jenita Moore
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Plaintiff: Ramiro Canales
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