Martin v. Wilkes et al
Kendrick R. Martin |
Antonio Ross, Serena Chance and Scott Wilkes |
1:2017cv00127 |
October 12, 2017 |
US District Court for the Southern District of Georgia |
Augusta Office |
XX US, Outside State |
Brian K Epps |
J Randal Hall |
Prisoner: Civil Rights |
42 U.S.C. § 1983 |
Both |
Docket Report
This docket was last retrieved on April 16, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 84 ORDER directing service of the #83 REPORT AND RECOMMENDATIONS on all parties. Signed by Magistrate Judge Brian K. Epps on 07/24/2019. (jlh) |
Filing 83 REPORT AND RECOMMENDATIONS that Defendants' #68 MOTION for Summary Judgment be granted in part and denied in part resulting only in summary judgment for Defendants Wilkes and Chance. The case should proceed to trial on Plaintiff's Eighth Amendment excessive force claim against Sergeant Ross arising out of the taser application on March 27, 2017. Objections to R&R due by 8/12/2019. Signed by Magistrate Judge Brian K. Epps on 07/24/2019. (jlh) |
Filing 82 ORDER denying #81 Motion for Full and Complete Copy of All Documents in this Case. Signed by Magistrate Judge Brian K. Epps on 06/28/2019. (maa) |
Filing 81 MOTION Requesting a Full and Complete Copy of All Documents and Motions by Kendrick R. Martin. REFERRED to Judge Brian K. Epps.(pts) |
Filing 80 Letter from Kendrick R. Martin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, and #3 Envelope.) (jlh) |
Filing 79 NOTICE of Change of Address by Kendrick R. Martin. (jlh) |
Filing 78 ORDER denying #76 Motion to Appoint Counsel. Signed by Magistrate Judge Brian K. Epps on 11/2/2018. (maa) |
Filing 77 STATEMENT in Opposition re #68 MOTION for Summary Judgment, filed by Kendrick R. Martin. (jlh) |
Filing 76 MOTION to Appoint Counsel, by Kendrick R. Martin. Responses due by 11/15/2018. REFERRED to Judge Brian K. Epps. (jlh) |
Filing 75 REPLY to Response to Motion re #68 MOTION for Summary Judgment filed by Serena Chance, Antonio Ross, Scott Wilkes. (Hamilton, Daniel) |
Filing 74 RESPONSE in Opposition re #68 MOTION for Summary Judgment, filed by Kendrick R. Martin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, and #7 Envelope.)(jlh) |
Filing 73 ORDER ADOPTING the #62 REPORT AND RECOMMENDATIONS as the Court's opinion and denies Plaintiff's motion for injunctive relief. Signed by Chief Judge J. Randal Hall on 09/24/2018. (jlh) |
Filing 72 ORDER denying #67 Motion to Appoint Counsel. Signed by Magistrate Judge Brian K. Epps on 09/24/2018. (maa) |
Filing 71 NOTICE issued re: #68 MOTION for Summary Judgment filed by Serena Chance, Antonio Ross, Scott Wilkes. Responses due by 10/12/2018. (Hamilton, Daniel) (jlh) |
Filing 70 NOTICE of Filing by Serena Chance, Antonio Ross, Scott Wilkes (Attachments: #1 Exhibit Transcript of Martin Deposition)(Hamilton, Daniel) |
Filing 69 NOTICE of Filing by Serena Chance, Antonio Ross, Scott Wilkes re #68 MOTION for Summary Judgment (Hamilton, Daniel) |
Filing 68 MOTION for Summary Judgment by Serena Chance, Antonio Ross, Scott Wilkes. Responses due by 10/12/2018. (Attachments: #1 Stmt of Material Fact Statement of Material Facts, #2 Briefs Brief in Support of Motion for Summary Judgment, #3 Affidavit Exhibit A - Affidavit of Scott Wilkes, #4 Exhibit Wilkes Aff. Exh 4, #5 Exhibit Wilkes Aff. Exh 5, #6 Exhibit Wilkes Aff. Exh 6, #7 Exhibit Wilkes Aff. Exh 7, #8 Affidavit Exhibit B - Affidavit of Anthony Ross, #9 Exhibit Ross Aff. Exh 1, #10 Exhibit Ross Aff. Exh 2, #11 Exhibit Ross Aff. Exh 3, #12 Exhibit Ross Aff. Exh 4, #13 Affidavit Exhibit C - Affidavit of Serena Chance, #14 Exhibit Chance Aff. Exh 2)(Hamilton, Daniel) |
MOTION REFERRED: #68 MOTION for Summary Judgment. (jlh) |
Filing 67 MOTION to Appoint Counsel, by Kendrick R. Martin. Responses due by 10/4/2018. (Attachment: #1 Envelope.) REFERRED to Judge Brian K. Epps. (jlh) |
Filing 66 NOTICE: Restriction/Return of Discovery Related Materials re 65 Notice of Filing. (jlh) |
Filing 64 ORDER denying Plaintiff's #59 Motion to Compel. Signed by Magistrate Judge Brian K. Epps on 08/28/2018. (jlh) |
Filing 63 ORDER directing service of the #62 REPORT AND RECOMMENDATIONS on all parties. Signed by Magistrate Judge Brian K. Epps on 08/28/2018. (jlh) |
Filing 62 REPORT AND RECOMMENDATIONS that Plaintiff's #58 MOTION for Temporary Restraining Order be denied. Objections to R&R due by 9/14/2018. Signed by Magistrate Judge Brian K. Epps on 08/28/2018. (jlh) |
Filing 61 RESPONSE in Opposition re #59 MOTION to Compel filed by Serena Chance, Antonio Ross, Scott Wilkes. (Hamilton, Daniel) |
Filing 60 RESPONSE in Opposition re #58 MOTION for Temporary Restraining Order filed by Serena Chance, Antonio Ross, Scott Wilkes. (Attachments: #1 Affidavit)(Hamilton, Daniel) |
Filing 59 MOTION to Compel, by Kendrick R. Martin. Responses due by 8/20/2018. (Attachments: #1 Exhibit.) REFERRED to Judge Brian K. Epps. (jlh) |
Filing 58 MOTION for Temporary Restraining Order, by Kendrick R. Martin. Responses due by 8/20/2018. (Attachments: #1 Exhibit) REFERRED to Judge Brian K. Epps. (jlh) Modified on 8/6/2018 (jlh). |
Filing 57 ORDER finding as moot #48 , #50 , and #51 Motions to Compel. Should Plaintiff find a discovery response deficient, he may file another motion to compel after conferring in good faith with defense counsel. Signed by Magistrate Judge Brian K. Epps on 07/18/2018. (jlh) Modified on 7/18/2018 (jlh). |
Filing 56 REPLY to #53 Response to Plaintiff's #50 MOTION to Compel Discovery re Interrogatories and #51 MOTION to Compel Discovery re Request for Production of Documents (Motion for Objection to the Defendants Request to Plaintiff's Motion for an Order Compelling Discovery), filed by Kendrick R. Martin. (jlh) |
Filing 55 AFFIDAVIT, by Kendrick R. Martin. (Envelope lost in mail.) (jlh) Modified on 7/11/2018 (jlh). |
Filing 54 ORDER Directing Plaintiff to reply to #53 Response in Opposition to Motion filed by Serena Chance, Antonio Ross, Scott Wilkes indicating whether his discovery requests are satisfied by 7/20/2018. Signed by Magistrate Judge Brian K. Epps on 7/6/2018. (pts) |
Set Deadlines/Hearings: Compliance re #54 due by 7/20/2018. (pts) |
Filing 53 RESPONSE in Opposition re #50 MOTION to Compel, #51 MOTION to Compel Discovery filed by Serena Chance, Antonio Ross, Scott Wilkes. (Attachments: #1 Exhibit Correspondence)(Hamilton, Daniel) |
Filing 52 NOTICE of Filing by Serena Chance, Antonio Ross, Scott Wilkes re #50 MOTION to Compel, #51 MOTION to Compel. (Hamilton, Daniel) |
Filing 51 MOTION for an Order Compelling Discovery re Request for Production of Documents, by Kendrick R. Martin. Responses due by 7/5/2018. (Attachments: #1 Exhibit-Request for Production of Documents.) REFERRED to Judge Brian K. Epps.(jlh) Modified on 6/20/2018 (jlh). |
Filing 50 MOTION for an Order Compelling Discovery re Interrogatories, by Kendrick R. Martin. Responses due by 7/5/2018. (Attachments: #1 Exhibit-Interrogatories and Envelope.) REFERRED to Judge Brian K. Epps.(jlh) Modified on 6/20/2018 (jlh). |
Filing 49 NOTICE of Filing Deficiency re #48 MOTION to Compel Discovery. (jlh) |
Filing 48 MOTION to Compel discovery, by Kendrick R. Martin. Responses due by 7/2/2018. REFERRED to Judge Brian K. Epps.(jlh) |
Filing 47 ORDER denying #45 Motion to Appoint Counsel due to Plaintiff's unchanging circumstances. Signed by Magistrate Judge Brian K. Epps on 05/11/2018. (jlh) |
Filing 46 RESPONSE in Opposition re #45 MOTION to Appoint Counsel filed by Serena Chance, Antonio Ross, Scott Wilkes. (Hamilton, Daniel) |
Filing 45 MOTION to Appoint Counsel, by Kendrick R. Martin. Responses due by 5/18/2018. REFERRED to Judge Brian K. Epps.(jlh) |
Filing 44 U.S. Marshal Return as to Scott Wilkes on 2/26/2018. WAIVER OF SERVICE Returned Executed re Scott Wilkes sent on 2/15/2018, answer due 4/16/2018. (jlh) |
Filing 43 U.S. Marshal Return as to Antonio Ross on 2/20/2018. WAIVER OF SERVICE Returned Executed re Antonio Ross sent on 2/15/2018, answer due 4/16/2018. (jlh) |
Filing 42 Scheduling Notice to Pro Se and all Counsel of Record Setting: Amended Pleadings due by 6/12/2018; Discovery due by 8/31/2018; and Motions due by 9/30/2018. (jlh) Modified on 4/13/2018 (jlh). |
Filing 41 ANSWER to Amended Complaint by Serena Chance, Antonio Ross, Scott Wilkes.(Hamilton, Daniel) |
Filing 40 ORDER granting, as a one-time courtesy, #39 Motion to forward a complete copy of Plaintiff's complaint including exhibits. Signed by Magistrate Judge Brian K. Epps on 04/09/2018. (jlh) |
Filing 39 MOTION to forward a complete copy of Plaintiff's complaint including exhibits and waive any and all fees with this request, by Kendrick R. Martin. (jlh) |
MOTION REFERRED: #39 MOTION to forward a complete copy of Plaintiff's complaint including exhibits and waive any and all fees with this request. (jlh) |
Filing 37 U.S. Marshal Return Executed as to Scott Wilkes signed by Dorothy E. Huff on 02/26/2018. (jlh) Modified on 3/7/2018 (jlh). |
Filing 36 ORDER adopting the #30 Report and Recommendation as the Court's opinion and dismisses Plaintiff's official capacity claims against Defendants. Signed by Chief Judge J. Randal Hall on 03/06/2018. (jlh) |
Filing 35 RESPONSE in reference to #32 Order, filed by Kendrick R. Martin. (jlh) |
Filing 34 U.S. Marshal Return as to Antonio Ross by illegible on 02/20/2018. (jlh) Modified on 2/26/2018 (jlh). |
Filing 33 U.S. Marshal Return as to Serena Chance by illegible on 02/20/2018. (jlh) |
Set/Reset Deadlines: Compliance re Notice of Waivers from USMS due by 3/17/2018. (jlh) |
Filing 32 ORDER directing USM to serve #6 Amended Complaint, and this Order, on named Defendants. Plaintiff is ordered to serve Defendants or counsel further pleadings submitted to Court. Signed by Magistrate Judge Brian K. Epps on 02/08/2018. (Attachments: #1 USM Form (Chance), #2 USM Form (Wilkes), #3 USM Form (Ross).) (jlh) Modified on 2/9/2018 (jlh). (Additional attachment(s) added on 2/15/2018: #4 Notice of Lawsuit Waivers) (jlh). |
Filing 31 ORDER directing service of the #30 REPORT AND RECOMMENDATIONS on all parties. Signed by Magistrate Judge Brian K. Epps on 02/08/2018. (jlh) |
Filing 30 REPORT AND RECOMMENDATIONS that Plaintiff's official capacity claims against Defendants re #6 Amended Complaint be dismissed and Plaintiff's Eighth Amendment claim against Defendants continue, pursuant to companion Order. Objections to R&R due by 2/26/2018. Signed by Magistrate Judge Brian K. Epps on 02/08/2018. (jlh) |
Filing 29 ORDER vacating #24 Report and Recommendations, denying #4 MOTION to Appoint Counsel. Signed by Magistrate Judge Brian K. Epps on 01/24/2018. (thb) |
Filing 28 Prisoner Trust Fund Account Statement by Kendrick R. Martin. (jlh) |
Filing 27 CONSENT by Prisoner Kendrick R. Martin to collection of fees. (jlh) |
Filing 26 Motion for OBJECTION to #24 Report and Recommendations, by Kendrick R. Martin. (jlh) |
Filing 25 ORDER directing service of the #24 REPORT AND RECOMMENDATIONS on all parties. Signed by Magistrate Judge Brian K. Epps on 1/5/2018. (jlh) Modified on 1/5/2018 (jlh). |
Filing 24 REPORT AND RECOMMENDATIONS that Plaintiff's #6 Amended Complaint be dismissed without prejudice as a sanction. Objections to R&R due by 1/22/2018. Signed by Magistrate Judge Brian K. Epps on 1/5/2018. (jlh) |
Filing 23 ORDER Directing Monthly Payments be made from Prison Account of Kendrick R. Martin. Signed by Magistrate Judge Brian K. Epps on 01/02/2018. (jlh) |
Filing 22 CONSENT to collection of fees by Plaintiff Kendrick R. Martin. (jlh) |
Filing 21 Prisoner Trust Fund Account Statement by Kendrick R. Martin. (jlh) |
Filing 20 ORDER re Plaintiff's Compliance with #17 Order Directing Prisoner Payment. Plaintiff shall have until 01/16/2018 to submit the Prisoner Trust Fund Account Statement and Consent to Collection of Fees from Trust Account. (Compliance due by 1/16/2018.) Signed by Magistrate Judge Brian K. Epps on 12/22/2017. (Attachments: #1 Prisoner Consent; and #2 Prisoner Account Statement.) (jlh) |
Filing 19 RESPONSE TO ORDER in reference to #17 Order Directing Prisoner Payment, filed by Kendrick R. Martin. (jlh) |
Filing 18 RESPONSE to #17 Order Directing Prisoner Payment, filed by Kendrick R. Martin. (jlh) |
Filing 17 ORDER Directing Monthly Payments be made from Prison Account of Georgia State Prison in Reidsville, GA. Plaintiff must furnish the Prisoner Trust fund Account Statement and Consent to Collection of Fees from Trust Account within 30 days of the signing of this Order or the case will be voluntarily dismissed without prejudice. Plaintiff's #14 Motion to proceed IFP is Granted. Accordingly, the Court vacates the #12 Report and Recommendation. Compliance due by 1/3/2018. Signed by Magistrate Judge Brian K. Epps on 12/04/2017. (jlh) (Additional attachment(s) added on 12/4/2017: #1 PLRA) (jlh). Modified on 12/4/2017 (jlh). |
Filing 16 OBJECTION to #12 Report and Recommendations, by Kendrick R. Martin. (jlh) |
Filing 15 Inmate Account Statement by Kendrick R. Martin. (jlh) |
Filing 14 MOTION for Leave to Proceed in forma pauperis by Kendrick R. Martin. REFERRED to Judge Brian K. Epps.(jlh) Modified on 12/4/2017 (jlh). |
Filing 13 ORDER re #12 REPORT AND RECOMMENDATIONS re #4 Motion to Appoint Counsel and #6 Amended Complaint, filed by Kendrick R. Martin. Objections due 11/30/2017. Signed by Magistrate Judge Brian K. Epps on 11/13/2017. (jlh) |
Filing 12 REPORT AND RECOMMENDATIONS that Plaintiff's #4 Motion to Appoint Counsel be denied as moot and #6 Amended Complaint, filed by Kendrick R. Martin, be dismissed without prejudice and this civil action be closed. Objections to R&R due by 11/30/2017. Signed by Magistrate Judge Brian K. Epps on 11/13/2017. (jlh) Modified on 11/13/2017 (jlh). Modified on 12/4/2017 (jlh). |
Set/Reset Deadlines: Objections to #12 R&R due by 11/30/2017. (jlh) |
DEMAND for Trial by Jury by Plaintiff Kendrick R. Martin. (jlh) |
Filing 11 NOTICE of Deficiency re #1 Complaint as to Kendrick R. Martin; Compliance due by 11/02/2017. (Attachments: #1 Short Form to Proceed Without Prepaying Fees.)(jlh) |
Filing 10 NOTICE to All Counsel of Record. (jlh) |
Filing 9 Case transfer in from District of Georgia Northern; Case Number 4:17-cv-00216. Case transferred electronically |
Case electronically transferred to Southern District of Georgia. (dob) |
Civil Case Terminated. (dob) |
Set/Reset Deadlines: Compliance due by 11/2/2017. (jlh) |
MOTIONS REFERRED: #4 MOTION to Appoint Counsel. (thb) |
Filing 8 ORDER - the Clerk of Court is DIRECTED to ADMINISTRATIVELY CLOSE action, No. 4:17-CV-0209-HLM-WEJ, CONSOLIDATE it with No. 4:17-CV-0216-HLM-WEJ, and docket the Amended Complaint #4 and financial affidavit #5 in case No. 4:17-CV-0216-HLM-WEJ. Signed by Magistrate Judge Walter E. Johnson on 10/3/17. (klb) |
Filing 7 Affidavit and Authorization for withdrawal from Inmate Account by Kendrick R. Martin. (Originally filed in 4:17-cv-209-HLM on 9/29/17) (Attachments: #1 Envelope)(klb) |
Filing 6 AMENDED COMPLAINT against All Defendants, filed by Kendrick R. Martin. (Originally filed in 4:17-cv-209-HLM on 9/29/17) (Attachments: #1 Envelope)(klb) 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. |
Clerks Certificate of Mailing as to Kendrick R. Martin re #8 Order. (klb) |
Filing 5 ORDER: the undersigned TRANSFERS this case to the Augusta Division of the Southern District of Georgia. If there are no objections filed within FOURTEEN (14) DAYS of the entry of this Order, the Clerk is DIRECTED to TRANSFER this file to the Augusta Division of the Southern District of Georgia. Should objections be filed, the Clerk should await a further Order from the District Court. The Clerk is FURTHER DIRECTED to terminate the reference to the Magistrate Judge. Signed by Magistrate Judge Walter E. Johnson on 9/19/17. (jta) |
Case no longer referred to Magistrate Judge Walter E. Johnson. (jta) |
Clerks Certificate of Mailing as to Kendrick R. Martin re #5 Order. (jta) |
Submission of #1 Complaint, #4 MOTION to Appoint Counsel, submitted to Magistrate Judge Walter E. Johnson. (jta) |
Filing 4 MOTION to Appoint Counsel by Kendrick R. Martin. (jta) Modified on 10/12/2017 (thb). |
Filing 3 PROPOSED SUMMONS filed by Kendrick R. Martin. (jta) |
Filing 2 Letter from Kendrick R. Martin. (jta) |
Filing 1 COMPLAINT, filed by Kendrick R. Martin. (Attachments: #1 Complaint-Part 2, #2 Complaint-Part 3, #3 Civil Cover Sheet)(jta) 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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