Burrows v. Yeager et al
| William Maurice Burrows |
| Corporal Anthony Cox, Sergeant Eric Smith, Detention Officer Fowler, Detention Officer Hand, Major John Lewis, Lieutenant Bill Reed, Detention Officer Cody, Sheriff Mike Yeager and Booking Officer Jackson |
| 3:2017cv00110 |
| August 6, 2017 |
| US District Court for the Northern District of Georgia |
| Newnan Office |
| Coweta |
| Timothy C Batten |
| Russell G Vineyard |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Submission of #61 Bill of Costs to District Judge Timothy C. Batten Sr. (usw) |
| Filing 61 BILL OF COSTS by Cody, Fowler, Hand, Jackson, Mike Yeager. (Attachments: #1 Itemization with attachments)(Gray, Harvey) |
| Filing 60 CLERK'S JUDGMENT (usw)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Additional attachment(s) added on 3/25/2019: #1 Corrected Judgment) (usw). Modified on 3/25/2019 to add Clerk's Judgment reflecting correct division(usw). |
Filing 59
ORDER OVERRULING Burrows' #57 objection, ADOPTING #55 Final Report and Recommendation, AND GRANTING defendant's #44 Motion for Summary Judgment. The Clerk is directed to close this case. Signed by Judge Timothy C. Batten, Sr. on 03/08/2019. (usw)
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| Civil Case Terminated. (usw) |
| Submission of #56 Order for Service of Report and Recommendation, #57 Objections to Report and Recommendation, and #58 Reply to Objection to Report and Recommendation to District Judge Timothy C. Batten Sr. (usw) |
| Filing 58 REPLY to Objection to Report and Recommendation re #57 Objections to Report and Recommendation filed by Cody, Fowler, Hand, Jackson, John Lewis. (Lee, Dianna) |
| Filing 57 OBJECTIONS to #55 Report and Recommendation filed by William Maurice Burrows. (Upshaw, Christopher) |
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Filing 56
ORDER for Service of #55 Final Report and Recommendation by Magistrate Judge Russell G. Vineyard. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Russell G. Vineyard on 02/08/2019. (usw)
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| Filing 55 FINAL REPORT AND RECOMMENDATION that defendants' motion for summary judgment #44 be GRANTED. Signed by Magistrate Judge Russell G. Vineyard on 02/08/2019. (usw) Modified on 2/11/2019 (usw). |
| Submission of #44 MOTION for Summary Judgment to Magistrate Judge Russell G. Vineyard. (usw) |
| Filing 54 REPLY to Response to Motion re #44 MOTION for Summary Judgment filed by Cody, Fowler, Hand, Jackson, Mike Yeager. (Attachments: #1 Defendants' Response to Plaintiff's Statement of Additional Material Facts)(Lee, Dianna) |
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Filing 53
ORDER granting #52 Motion for Extension of Time to and including 1/7/19 for the defendants to file a Reply re #44 MOTION for Summary Judgment . Signed by Magistrate Judge Russell G. Vineyard on 12/19/18. (jlm)
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| Filing 52 Joint MOTION for Extension of Time for Defendants to Reply to Plaintiff's Response to Defendants' Motion for Summary Judgment re: #51 Response in Opposition to Motion, by Cody, Fowler, Hand, Jackson, Mike Yeager. (Attachments: #1 Text of Proposed Order)(Lee, Dianna) |
| Filing 51 RESPONSE in Opposition re #44 MOTION for Summary Judgment filed by William Maurice Burrows. (Attachments: #1 Brief, #2 Response to Defendants' Statement of Material Facts, #3 Statement of Material Facts, #4 Exhibit Excerpts from deposition of William Burrows, #5 Exhibit Excerpts from deposition of Kyle Hand, #6 Exhibit Excerpts from deposition of David Fowler, #7 Exhibit Excerpts from deposition of Chris Cody)(Upshaw, Christopher) |
| Filing 50 NOTICE Of Filing Deposition Transcript of Kyle Hand by William Maurice Burrows (Upshaw, Christopher) |
| Filing 49 NOTICE Of Filing Deposition Transcript of David Fowler by William Maurice Burrows (Upshaw, Christopher) |
| Filing 48 NOTICE Of Filing Deposition Transcript of Chris Cody by William Maurice Burrows (Upshaw, Christopher) |
| Filing 47 NOTICE Of Filing Deposition Transcript of William Burrows by William Maurice Burrows (Upshaw, Christopher) |
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Filing 46
ORDER granting #45 Motion for Extension of Time through 12/14/18 for Plaintiff to respond to Defendant's Motion for Summary Judgment. Signed by Magistrate Judge Russell G. Vineyard on 12/6/18. (rsh)
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| Filing 45 Consent MOTION for Extension of Time re: #44 MOTION for Summary Judgment by William Maurice Burrows. (Attachments: #1 Text of Proposed Order)(Upshaw, Christopher) |
| Filing 44 MOTION for Summary Judgment with Brief In Support by Cody, Fowler, Hand, Jackson, Mike Yeager. (Attachments: #1 Memorandum of Law n Support, #2 Statement of Material Facts, #3 Index of Exhibits, #4 Exhibit A - Burrows Depo Excerpts, #5 Exhibit B - Exh. 4 to Burrows Depo, #6 Exhibit C - Exh. 5 to Burrows Depo, #7 Exhibit D - Cody Depo Excerpts, #8 Exhibit E - Fowler Depo Excerpts)(Gray, Harvey) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 43 NOTICE of Appearance by Christoper Sue-Min Lee on behalf of Cody, Fowler, Hand, Jackson, Mike Yeager (Lee, Christoper) |
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Filing 42
ORDER GRANTING #41 Consent Motion for Extension of Time to and including 11/12/18 for parties to file motions for summary judgment. Signed by Magistrate Judge Russell G. Vineyard on 9/28/18. (jlm)
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| Filing 41 Consent MOTION for Extension of Time to File Motions for Summary Judgment by Cody, Fowler, Hand, Jackson, Mike Yeager. (Attachments: #1 Text of Proposed Order)(Lee, Dianna) |
| Filing 40 CERTIFICATE OF SERVICE of Discovery by Cody, Fowler, Hand, Jackson, Mike Yeager.(Lee, Dianna) |
| Filing 39 NOTICE to Take Deposition of Kyle Hand filed by William Maurice Burrows (Upshaw, Christopher) |
| Filing 38 NOTICE to Take Deposition of David Fowler filed by William Maurice Burrows (Upshaw, Christopher) |
| Filing 37 NOTICE to Take Deposition of Chris Cody filed by William Maurice Burrows (Upshaw, Christopher) |
| Filing 36 CERTIFICATE OF SERVICE of Request for Production of Documents by William Maurice Burrows.(Upshaw, Christopher) |
| Filing 35 Amended NOTICE to Take Deposition of William Maurice Burrows filed by Cody, Fowler, Hand, Jackson, Mike Yeager (Lee, Dianna) |
| Filing 34 NOTICE to Take Deposition of William Maurice Burrows filed by Cody, Fowler, Hand, Jackson, Mike Yeager (Lee, Dianna) |
| Filing 33 Request for Leave of Absence for the following date(s): July 5-11, August 15-22, November 20-27, December 17-28, 2018, by Harvey Scott Gray. (Gray, Harvey) |
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Filing 32
ORDER granting #31 Motion to Take Deposition from WILLIAM BURROWS in prison at Faribault State Prison in Faribault, MN, or elsewhere as designated by MN Dept of Corrections. Counsel for respective parties shall coordinate with warden to schedule. Signed by Magistrate Judge Russell G. Vineyard on 6/14/18. (rsh)
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| Filing 31 Consent MOTION to Take Deposition from William Maurice Burrows in Prison Pursuant to FRCP 30(a)(2)(B) by Cody, Fowler, Hand, Jackson, Mike Yeager. (Attachments: #1 Text of Proposed Order)(Lee, Dianna) |
| Filing 30 CERTIFICATE OF SERVICE by William Maurice Burrows.(Upshaw, Christopher) |
| Filing 29 CERTIFICATE OF SERVICE by William Maurice Burrows.(Upshaw, Christopher) |
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Filing 28
ORDER granting #27 Motion for Extension of Time to Complete Discovery. Discovery ends on 9/11/2018. Signed by Magistrate Judge Russell G. Vineyard on 5/16/18. (rsh)
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ORAL ORDER re #28 Order Extending Discovery. Any motions for summary judgment must be filed by 10/11/2018 and if no motions for summary judgment are filed, the Proposed Consolidated Pretrial Order will be due on 10/22/2018. If neither is filed, the Clerk is to submit this action by 11/01/2018. Entered by Magistrate Judge Russell G. Vineyard on 5/16/2018. (jtj)
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| Filing 27 Consent MOTION for Extension of Time to Complete Discovery by Cody, Fowler, Hand, Jackson, Mike Yeager. (Attachments: #1 Text of Proposed Order)(Lee, Dianna) |
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Filing 26
ORDER ADOPTING the Magistrate Judge's #24 Non-Final Report and Recommendation and DISMISSING with prejudice, Plaintiff's official capacity claims against Sheriff Yeager. Signed by Judge Timothy C. Batten, Sr on 4/10/18. (jlm)
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| Submission of #24 NON-FINAL REPORT AND RECOMMENDATION re #17 MOTION to Dismiss Official Capacity Claims filed by Mike Yeager, submitted to District Judge Timothy C. Batten. (jlm) |
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Filing 25
ORDER for Service of #24 Non-Final Report and Recommendation by Magistrate Judge Russell G. Vineyard. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Russell G. Vineyard on 3/16/18. (jlm)
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| Filing 24 NON-FINAL REPORT AND RECOMMENDATION recommending granting Sheriff Yeagers' #17 MOTION to Dismiss Official Capacity Claims. Signed by Magistrate Judge Russell G. Vineyard on 3/16/18. (jlm) |
| Submission of #17 MOTION to Dismiss Official Capacity Claims, submitted to Magistrate Judge Russell G. Vineyard. (jlm) |
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Filing 23
SCHEDULING ORDER: re: #18 Joint Preliminary Report and Discovery Plan. Discovery ends on 6/11/2018. Any Dispositive motions due by 7/11/2018. If no motions filed, the Proposed Pretrial Order due by 7/23/2018. Signed by Magistrate Judge Russell G. Vineyard on 3/9/18. (jlm)
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| Filing 22 Guidelines for Discovery and Motion Practice. Signed by Magistrate Judge Russell G. Vineyard on 3/9/18. (jlm) |
| Filing 21 CERTIFICATE OF SERVICE of Discovery by Mike Yeager.(Lee, Dianna) |
| Filing 20 Certificate of Interested Persons by Cody, Fowler, Hand, Jackson, Mike Yeager. (Lee, Dianna) |
| Filing 19 Initial Disclosures by Cody, Fowler, Hand, Jackson, Mike Yeager.(Lee, Dianna) |
| Filing 18 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by William Maurice Burrows. (Upshaw, Christopher) |
| Filing 17 MOTION to Dismiss Official Capacity Claims with Brief In Support by Mike Yeager. (Attachments: #1 Brief in Support)(Lee, Dianna) |
| Filing 16 ANSWER to #15 Amended Complaint by Cody, Fowler, Hand, Jackson, Mike Yeager.(Gray, Harvey) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 15 AMENDED COMPLAINT against Cody, Fowler, Hand, Jackson, Mike Yeager with Jury Demand, filed by William Maurice Burrows.(jlm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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Filing 14
ORDER DENYING AS MOOT Defendants' #6 Motion to Dismiss and GRANTING Plaintiff's #11 Motion for Leave to File an Amended Complaint. Clerk is DIRECTED to file plaintiff's amended complaint at Doc #11 -1 and TERMINATE Major John Lewis, Lieutenant Bill Reed, Sergeant Eric Smith and Corporal Anthony Cox as defendants in this action. Signed by Magistrate Judge Russell G. Vineyard on 1/26/18. (jlm)
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| Filing 13 RESPONSE re #11 First MOTION for Leave to File Amended Complaint filed by Cody, Anthony Cox, Fowler, Hand, Jackson, John Lewis, Bill Reed, Eric Smith, Mike Yeager. (Lee, Dianna) |
| Submission of #6 MOTION Dismiss Claims Assserted Against Defendants in Their Official Capacities #1 Complaint, , submitted to Magistrate Judge Russell G. Vineyard. (jlm) |
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Filing 12
ORDER GRANTING #10 Consent Motion to Stay Commencement of Discovery. It is hereby ORDERED that the discovery period shall commence without further order of the Court 14 days following the date of this Court's order on defendants' Motion to Dismiss. Signed by Magistrate Judge Russell G. Vineyard on 12/27/17. (jlm)
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| Filing 11 First MOTION for Leave to File Amended Complaint with Brief In Support by William Maurice Burrows. (Attachments: #1 Proposed Amended Complaint, #2 Brief Brief in Support)(Upshaw, Christopher) |
| Filing 10 Joint MOTION to Stay Commencement of Discovery by Cody. (Attachments: #1 Proposed Order)(Lee, Dianna) |
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Filing 9
ORDER granting #8 Motion for Extension of Time through 12/22/17 for Pla to reply to Dfts' motion. Signed by Magistrate Judge Russell G. Vineyard on 12/19/17. (rsh)
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| Filing 8 Consent MOTION for Extension of Time File Response to Defendant's Motion to Dismiss re: #6 MOTION Dismiss Claims Assserted Against Defendants in Their Official Capacities #1 Complaint, by William Maurice Burrows. (Attachments: #1 Text of Proposed Order)(Upshaw, Christopher) |
| Filing 7 NOTICE of Appearance by Dianna J. Lee on behalf of Cody, Anthony Cox, Fowler, Hand, Jackson, John Lewis, Bill Reed, Eric Smith, Mike Yeager (Lee, Dianna) |
| Filing 6 MOTION Dismiss Claims Assserted Against Defendants in Their Official Capacities #1 Complaint, with Brief In Support by Cody, Anthony Cox, Fowler, Hand, Jackson, John Lewis, Bill Reed, Eric Smith. (Attachments: #1 Brief In Support)(Gray, Harvey) |
| Filing 5 ANSWER to #1 COMPLAINT with Jury Demand In His Official Capacity as Sheriff of Coweta County by Mike Yeager.(Gray, Harvey) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 4 WAIVER OF SERVICE Returned Executed by William Maurice Burrows. Cody waiver mailed on 10/3/2017, answer due 12/4/2017. (Upshaw, Christopher) |
| Filing 3 WAIVER OF SERVICE Returned Executed by William Maurice Burrows. Anthony Cox waiver mailed on 10/3/2017, answer due 12/4/2017; Fowler waiver mailed on 10/3/2017, answer due 12/4/2017; Hand waiver mailed on 10/3/2017, answer due 12/4/2017; Jackson waiver mailed on 10/3/2017, answer due 12/4/2017; John Lewis waiver mailed on 10/3/2017, answer due 12/4/2017; Bill Reed waiver mailed on 10/3/2017, answer due 12/4/2017; Eric Smith waiver mailed on 10/3/2017, answer due 12/4/2017; Mike Yeager waiver mailed on 10/3/2017, answer due 12/4/2017. (Upshaw, Christopher) |
| Filing 2 Electronic Summons Issued as to Cody, Anthony Cox, Fowler, Hand, Jackson, John Lewis, Bill Reed, Eric Smith, Mike Yeager. (Main Document: Summons Mike Yeager) (Attachments: #1 Summons Eric Smith, #2 Summons John Lewis, #3 Summons Bill Reed, #4 Summons Hand, #5 Summons Fowler, #6 Summons Cody, #7 Summons Jackson)(jlm) |
| Filing 1 COMPLAINT with Jury Demand ( Filing fee $ 400 receipt number 113E-7308456.), filed by William Maurice Burrows. (Attachments: #1 Civil Cover Sheet)(jlm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
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