Massey v. Augusta State Medical Prison et al
| Dwight David Massey |
| Augusta State Medical Prison, Edward Philbin, Mary Alston, James D. Smith and Tamika Harvey |
| 1:2022cv00133 |
| October 13, 2022 |
| U.S. District Court for the Southern District of Georgia |
| Brian K Epps |
| J Randal Hall |
| Prisoner - Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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Filing 26
ORDER ADOPTING #20 REPORT AND RECOMMENDATION of the Magistrate Judge as its opinion and dismisses without prejudice all motions pending #3 , #4 , #5 , #8 , #9 , #10 at the time of transfer from the Northern District of Georgia. Signed by Chief Judge J. Randal Hall on 12/9/2022. (ca)
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| Set Deadlines: Amended Pleadings due by 12/23/2022. (ca) |
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Filing 25
ORDER granting Plaintiff's #22 Motion for Extension of Time; denying Plaintiff's #22 Motion to Transfer. Signed by Magistrate Judge Brian K. Epps on 11/7/2022. (ca)
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| Filing 24 Mail Returned as Undeliverable re #18 Notice. Not at this address. Mail sent to Dwight David Massey (loh) |
| Filing 23 OBJECTION to #20 Report and Recommendations by Dwight David Massey. (wwp) |
| Filing 22 MOTION for Extension of Time to File Objections to the Magistrate Judge's Report and Recommendation; MOTION to transfer case back to the Northern District of Georgia re #6 Notice of Object Removal by Dwight David Massey. Responses due by 11/21/2022. REFERRED to Judge Brian K. Epps. (gmh) |
| Reset Deadline as to #20 REPORT AND RECOMMENDATION. Objections to R&R due by 11/28/2022 (ca) |
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Filing 21
ORDER directing service re #20 REPORT AND RECOMMENDATIONS. Signed by Magistrate Judge Brian K. Epps on 10/18/22. (loh)
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Filing 20
REPORT AND RECOMMENDATION of the U.S. Magistrate Judge that Motions re #3 - #5 and #8 - #10 should be denied without prejudice. Should Judge Hall adopt this recommendation, Plaintiff should have fourteen days from the date of Judge Hall's Order to submit an amended complaint as described herein. Objections to R&R due by 11/4/2022. Signed by Magistrate Judge Brian K. Epps on 10/18/22. (loh)
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| Filing 19 MOTIONS REFERRED: #3 , #8 , #5 , #9 , #10 , #4 . (loh) |
| Filing 18 NOTICE of Transfer of Action re #1 Notice of Removal with Complaint. (loh) (Additional attachment(s) added on 10/13/2022: #1 Corrected Notice) (loh). |
| Filing 17 Case transfer in from District of Georgia Northern; Case Number 1:22-cv-02496. Case transferred electronically |
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Filing 16
ORDER granting #12 Motion to Transfer Case this case and all filings in it to the United States District Court for the Southern District of Georgia, Augusta Division, for such further proceedings as that court deems warranted, see 28 U.S.C. 1404(a). Signed by Magistrate Judge Catherine M. Salinas on 10/13/2022. (jkb)
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| Civil Case Terminated. Magistrate Judge Catherine M. Salinas terminated from case. (jkb) |
| Case electronically transferred to District of SDGA, Augusta. Original file, certified copy of transfer order and docket sheet sent. (jkb) |
| Filing 15 Notice for Leave of Absence for the following date(s): October 10-14, 2022 , by Matthew William Bridges. (Bridges, Matthew) |
| Submission of #12 MOTION to Transfer Case to Southern District of GA, Augusta Division, to Magistrate Judge Catherine M. Salinas. (tcc) |
| Filing 14 NOTICE by Edward Philbin re #12 MOTION to Transfer Case to Southern District of GA, Augusta Division Notice of Correction to Memorandum of Law in Support of Defendant Edward Philbin's Motion to Transfer Venue (Bridges, Matthew) |
| Filing 13 NOTICE of Appearance by Matthew William Bridges on behalf of Mary Alston, James D. Smith (Bridges, Matthew) |
| Notification of Docket Correction. Defendant Tamika Harvey added to docket. (nmb) |
| Filing 12 MOTION to Transfer Case to Southern District of GA, Augusta Division with Brief In Support by Edward Philbin. (Attachments: #1 Brief Memorandum of Law in Support of Defendant Edward Philbin's Motion to Transfer Venue)(Bridges, Matthew) |
| Submission of #10 MOTION for Permission to File a Late Claim, #9 MOTION for HearingMOTION Speedy Hearing Uniform Court Rules #1, #8 MOTION to Amend, to Magistrate Judge Catherine M. Salinas. (tcc) |
| Filing 11 RESPONSE in Opposition re #10 MOTION for Permission to File a Late Claim, #9 MOTION for HearingMOTION Speedy Hearing Uniform Court Rules #1, #8 MOTION to Amend filed by Edward Philbin. (Bridges, Matthew) |
| Filing 10 MOTION for Permission to File a Late Claim by Dwight David Massey. (tcc) |
| Filing 9 (construed by clerk as) MOTION Requesting a Preliminary Hearing Injunction O.C.G.A., MOTION Speedy Hearing Uniform Court Rules #1 by Dwight David Massey. (tcc) |
| Filing 8 (construed by clerk as) MOTION to Amend Complaint by Dwight David Massey. (Attachments: #1 Proposed Amended Complaint)(tcc) |
| Submission of #4 MOTION for Judgment on the Pleadings , #3 MOTION for Discovery Period and for Leave to Depose Plaintiff by Remote Means, #5 MOTION to Stay Discovery, to Magistrate Judge Catherine M. Salinas. (tcc) |
| Filing 7 RESPONSE re #6 NOTICE of Object Removal re #1 Notice of Removal filed by Edward Philbin. (Bridges, Matthew) |
| Filing 6 NOTICE of Object Removal re #1 Notice of Removal by Dwight David Massey. (Attachments: #1 Amendment State of Claim, #2 Amendment of Prayer Relief)(tcc) |
| Filing 5 MOTION to Stay Discovery with Brief In Support by Edward Philbin. (Attachments: #1 Brief in Support of Defendant Warden Edward Philbin's Motion to Stay Discovery)(Bridges, Matthew) |
| Filing 4 MOTION for Judgment on the Pleadings with Brief In Support by Edward Philbin. (Attachments: #1 Brief in Support of Warden Edward Philbin's Motion for Judgment on the Pleadings)(Bridges, Matthew) |
| Filing 3 MOTION for Discovery Period and for Leave to Depose Plaintiff by Remote Means by Edward Philbin. (Bridges, Matthew) |
| Filing 2 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand by Edward Philbin. (Filed in the Superior Court of Fulton County)(nmb) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Edward Philbin. (Filing fee $ 402 receipt number AGANDC-11882452) (Attachments: #1 Exhibit A - Documents from Fulton County Superior Court, #2 Civil Cover Sheet)(nmb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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