Martin v. Wilkes et al
Plaintiff: Kendrick R. Martin
Defendant: Antonio Ross, Serena Chance and Scott Wilkes
Case Number: 1:2017cv00127
Filed: October 12, 2017
Court: US District Court for the Southern District of Georgia
Office: Augusta Office
County: XX US, Outside State
Presiding Judge: Brian K Epps
Referring Judge: J Randal Hall
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 27, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2019 Opinion or Order 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)
July 24, 2019 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)
June 28, 2019 Opinion or Order 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)
June 27, 2019 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)
June 7, 2019 Filing 80 Letter from Kendrick R. Martin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, and #3 Envelope.) (jlh)
December 20, 2018 Filing 79 NOTICE of Change of Address by Kendrick R. Martin. (jlh)
November 2, 2018 Opinion or Order Filing 78 ORDER denying #76 Motion to Appoint Counsel. Signed by Magistrate Judge Brian K. Epps on 11/2/2018. (maa)
November 1, 2018 Filing 77 STATEMENT in Opposition re #68 MOTION for Summary Judgment, filed by Kendrick R. Martin. (jlh)
November 1, 2018 Filing 76 MOTION to Appoint Counsel, by Kendrick R. Martin. Responses due by 11/15/2018. REFERRED to Judge Brian K. Epps. (jlh)
October 23, 2018 Filing 75 REPLY to Response to Motion re #68 MOTION for Summary Judgment filed by Serena Chance, Antonio Ross, Scott Wilkes. (Hamilton, Daniel)
October 9, 2018 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)
September 24, 2018 Opinion or Order 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)
September 24, 2018 Opinion or Order Filing 72 ORDER denying #67 Motion to Appoint Counsel. Signed by Magistrate Judge Brian K. Epps on 09/24/2018. (maa)
September 21, 2018 MOTION REFERRED: #68 MOTION for Summary Judgment. (jlh)
September 21, 2018 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)
September 21, 2018 Filing 70 NOTICE of Filing by Serena Chance, Antonio Ross, Scott Wilkes (Attachments: #1 Exhibit Transcript of Martin Deposition)(Hamilton, Daniel)
September 21, 2018 Filing 69 NOTICE of Filing by Serena Chance, Antonio Ross, Scott Wilkes re #68 MOTION for Summary Judgment (Hamilton, Daniel)
September 21, 2018 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)
September 20, 2018 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)
August 30, 2018 Filing 66 NOTICE: Restriction/Return of Discovery Related Materials re 65 Notice of Filing. (jlh)
August 28, 2018 Opinion or Order Filing 64 ORDER denying Plaintiff's #59 Motion to Compel. Signed by Magistrate Judge Brian K. Epps on 08/28/2018. (jlh)
August 28, 2018 Opinion or Order 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)
August 28, 2018 Opinion or Order 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)
August 20, 2018 Filing 61 RESPONSE in Opposition re #59 MOTION to Compel filed by Serena Chance, Antonio Ross, Scott Wilkes. (Hamilton, Daniel)
August 20, 2018 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)
August 6, 2018 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)
August 6, 2018 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).
July 18, 2018 Opinion or Order 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).
July 16, 2018 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)
July 11, 2018 Filing 55 AFFIDAVIT, by Kendrick R. Martin. (Envelope lost in mail.) (jlh) Modified on 7/11/2018 (jlh).
July 6, 2018 Set Deadlines/Hearings: Compliance re #54 due by 7/20/2018. (pts)
July 6, 2018 Opinion or Order 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)
July 3, 2018 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)
July 3, 2018 Filing 52 NOTICE of Filing by Serena Chance, Antonio Ross, Scott Wilkes re #50 MOTION to Compel, #51 MOTION to Compel. (Hamilton, Daniel)
June 20, 2018 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).
June 20, 2018 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).
June 18, 2018 Filing 49 NOTICE of Filing Deficiency re #48 MOTION to Compel Discovery. (jlh)
June 18, 2018 Filing 48 MOTION to Compel discovery, by Kendrick R. Martin. Responses due by 7/2/2018. REFERRED to Judge Brian K. Epps.(jlh)
May 11, 2018 Opinion or Order 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)
May 4, 2018 Filing 46 RESPONSE in Opposition re #45 MOTION to Appoint Counsel filed by Serena Chance, Antonio Ross, Scott Wilkes. (Hamilton, Daniel)
May 4, 2018 Filing 45 MOTION to Appoint Counsel, by Kendrick R. Martin. Responses due by 5/18/2018. REFERRED to Judge Brian K. Epps.(jlh)
April 16, 2018 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)
April 16, 2018 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)
April 13, 2018 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).
April 13, 2018 Filing 41 ANSWER to Amended Complaint by Serena Chance, Antonio Ross, Scott Wilkes.(Hamilton, Daniel)
April 9, 2018 Opinion or Order 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)
April 9, 2018 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)
April 9, 2018 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)
March 7, 2018 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).
March 6, 2018 Opinion or Order 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)
February 28, 2018 Filing 35 RESPONSE in reference to #32 Order, filed by Kendrick R. Martin. (jlh)
February 26, 2018 Filing 34 U.S. Marshal Return as to Antonio Ross by illegible on 02/20/2018. (jlh) Modified on 2/26/2018 (jlh).
February 26, 2018 Filing 33 U.S. Marshal Return as to Serena Chance by illegible on 02/20/2018. (jlh)
February 15, 2018 Set/Reset Deadlines: Compliance re Notice of Waivers from USMS due by 3/17/2018. (jlh)
February 8, 2018 Opinion or Order 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).
February 8, 2018 Opinion or Order 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)
February 8, 2018 Opinion or Order 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)
January 24, 2018 Opinion or Order 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)
January 16, 2018 Filing 28 Prisoner Trust Fund Account Statement by Kendrick R. Martin. (jlh)
January 16, 2018 Filing 27 CONSENT by Prisoner Kendrick R. Martin to collection of fees. (jlh)
January 16, 2018 Filing 26 Motion for OBJECTION to #24 Report and Recommendations, by Kendrick R. Martin. (jlh)
January 5, 2018 Opinion or Order 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).
January 5, 2018 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)
January 2, 2018 Opinion or Order 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)
January 2, 2018 Filing 22 CONSENT to collection of fees by Plaintiff Kendrick R. Martin. (jlh)
January 2, 2018 Filing 21 Prisoner Trust Fund Account Statement by Kendrick R. Martin. (jlh)
December 22, 2017 Opinion or Order 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)
December 22, 2017 Filing 19 RESPONSE TO ORDER in reference to #17 Order Directing Prisoner Payment, filed by Kendrick R. Martin. (jlh)
December 8, 2017 Filing 18 RESPONSE to #17 Order Directing Prisoner Payment, filed by Kendrick R. Martin. (jlh)
December 4, 2017 Opinion or Order 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).
December 1, 2017 Filing 16 OBJECTION to #12 Report and Recommendations, by Kendrick R. Martin. (jlh)
November 20, 2017 Filing 15 Inmate Account Statement by Kendrick R. Martin. (jlh)
November 20, 2017 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).
November 13, 2017 Opinion or Order 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)
November 13, 2017 Set/Reset Deadlines: Objections to #12 R&R due by 11/30/2017. (jlh)
November 13, 2017 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).
October 16, 2017 DEMAND for Trial by Jury by Plaintiff Kendrick R. Martin. (jlh)
October 12, 2017 Set/Reset Deadlines: Compliance due by 11/2/2017. (jlh)
October 12, 2017 MOTIONS REFERRED: #4 MOTION to Appoint Counsel. (thb)
October 12, 2017 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)
October 12, 2017 Filing 10 NOTICE to All Counsel of Record. (jlh)
October 12, 2017 Filing 9 Case transfer in from District of Georgia Northern; Case Number 4:17-cv-00216. Case transferred electronically
October 12, 2017 Civil Case Terminated. (dob)
October 12, 2017 Case electronically transferred to Southern District of Georgia. (dob)
October 3, 2017 Clerks Certificate of Mailing as to Kendrick R. Martin re #8 Order. (klb)
October 3, 2017 Opinion or Order 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)
October 3, 2017 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)
October 3, 2017 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.
September 19, 2017 Clerks Certificate of Mailing as to Kendrick R. Martin re #5 Order. (jta)
September 19, 2017 Case no longer referred to Magistrate Judge Walter E. Johnson. (jta)
September 19, 2017 Opinion or Order 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)
September 14, 2017 Submission of #1 Complaint, #4 MOTION to Appoint Counsel, submitted to Magistrate Judge Walter E. Johnson. (jta)
September 13, 2017 Filing 4 MOTION to Appoint Counsel by Kendrick R. Martin. (jta) Modified on 10/12/2017 (thb).
September 13, 2017 Filing 3 PROPOSED SUMMONS filed by Kendrick R. Martin. (jta)
September 13, 2017 Filing 2 Letter from Kendrick R. Martin. (jta)
September 13, 2017 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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Defendant: Antonio Ross
Represented By: Daniel W. Hamilton
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Defendant: Serena Chance
Represented By: Daniel W. Hamilton
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Defendant: Scott Wilkes
Represented By: Daniel W. Hamilton
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Plaintiff: Kendrick R. Martin
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