Daker v. Head et al
| Waseem Daker |
| Patrick Head, Jesse D. Evans, Mary E. Staley, Brian Owens, Timothy Ward, Randy Tillman, Rick Jacobs, Robert E. Jones, Carl Humphrey, Sharon Lewis, Shevondah Fields, Lisa Fountain, Toris Mclessia Rozier, James Demetrius Smith, Georgia Department of Corrections, Robert Toole, Wendell Fowler, John Paul, Kilgore, Deloach, Milton Smith, Muriel Jackson, John Doe, Jane Doe, King, P. Murphy, Henry, Brown, Three John Does, Bruce Chatman and June Bishop |
| 6:2014cv00047 |
| May 19, 2014 |
| US District Court for the Southern District of Georgia |
| Statesboro Office |
| Tattnall |
| James E. Graham |
| B. Avant Edenfield |
| Prisoner - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
547
ORDER re 546 USCA Mandate. IT IS HEREBY ORDERED that the Mandate of the United States Court of Appeals for the Eleventh Circuit is made the Order of this Court. Signed by District Judge R. Stan Baker on 3/13/24. (loh)
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Filing
542
ORDER denying 538 Rule 60(b) Motion for Relieffrom Judgment. Signed by District Judge R. Stan Baker on December 15, 2023. (jrb)
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Filing
516
ORDER denying as moot 508 MOTION for Leave to File Proposed "Motion for Access to Photocopying" and 513 Motion for Judges and Magistrates of this Court to Stop Flip-flopping as to Whether Multiple Tier II Due Process and Conditions of Confinement Claims are Dissimilar or Similar and to Decide Whether Plaintiff Should Litigate Them Separately or Together; and overruling Plaintiff's 511 Objections. Signed by District Judge R. Stan Baker on 10/31/2022. (jlh)
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Filing
484
ORDER re 439 NOTICE of Filing OF Costs and Fees. Therefore, the Court ORDERS Plaintiff to pay Defendants $4,875.15 as soon as practicable, but no later than September 7, 2022, for expenses and fees Defendants incurred in bringing their Motion for Sanctions and to Compel. Signed by Magistrate Judge Benjamin W. Cheesbro on 8/16/22. (loh)
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Filing
482
ORDER denying 453 Motion Plaintiff's Motion for 28 U.S.C. § 1292(b) Certification and overruling Plaintiff's 460 Objections to the Magistrate Judge's 430 R&R. Signed by District Judge R. Stan Baker on 08/11/2022. (jlh)
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Filing
451
ORDER ADOPTING re 430 Report and Recommendations. Accordingly, the Court ADOPTS the Magistrate Judges Report and Recommendation as the opinion of the Court and DENIES the portion of Defendants Motion for Sanctions of Dismissal and to Compel Attendance and Testimony in Deposition in which Defendants seek dismissal of Plaintiffs claims. Signed by District Judge R. Stan Baker on 6/28/22. (loh)
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Filing
448
ORDER re 439 Notice of Filing of Costs and Fees. To the extent Plaintiff disputes the amount of costs and fees set forth in Defendant's Notice, Plaintiff is DIRECTED to file a response on or before July 11, 2022. If Plaintiff fails to file a response to Defendant's Notice within the time set by this Order, the Court will assume Plaintiff does not dispute the amounts set forth in the Notice. Signed by Magistrate Judge Benjamin W. Cheesbro on 6/24/22. (loh) Modified on 6/24/2022 (slt).
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Filing
445
ORDER denying re 390 MOTION to Access Legal Materials; 396 MOTION Access to legal materials in this case; 397 MOTION for Access to Legal Materials; 398 Second Supplemental MOTION for Access to Legal Materials; 399 Third Supplemental MOTION for Access to Legal Materials; 403 Third Supplemental MOTION for Access to legal materials; adopting re 421 Report and Recommendations. Signed by District Judge R. Stan Baker on 6/15/22. (loh)
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Filing
435
ORDER denying 391 Motion for Clarification. Signed by Magistrate Judge Benjamin W. Cheesbro on 06/07/2022. (jlh)
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Filing
433
ORDER overruling all of Plaintiff's 306 Objections filed by Waseem Daker. The Magistrate Judges Order remains the Order of the Court. Signed by District Judge R. Stan Baker on 05/27/2022. (jlh)
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Filing
431
ORDER denying 377 and 412 Plaintiff's Motions for Protective Order and to Terminate or Limit Deposition; granting the non-dispositive portions of 378 Defendants' Motion to Compel; and denying as moot 411 Plaintiff's Motion to Stay or for Extension of Time to File Response to Defendants' Motion for Sanctions. Plaintiff shall appear for and submit to a deposition in accordance with Federal Rule of Civil Procedure 30. Plaintiff is required to bear the costs and fee s associated with Defendants' Motion to Compel Attendance and Testimony in Deposition. Defendants shall submit an accounting of their expenses related to their Motion within 14 days of this Court's Order. Signed by Magistrate Judge Benjamin W. Cheesbro on 5/26/2022. (gmh) Modified on 5/26/2022 (thb).
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Filing
425
ORDER granting in part and denying in part re 368 Motion to Compel; granting in part and denying in part re 369 Motion to Compel; denying re 370 Motion to Compel; denying 375 Motion to Compel; denying as moot re 407 Motion for Leave to File a Reply. Defendants are ORDERED to produce the relevant documents within 21 days of this Order. Signed by Magistrate Judge Benjamin W. Cheesbro on 5/25/22. (loh)
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Filing
419
ORDER denying 367 , 373 , 402 and 414 Motions for clarification. Signed by Magistrate Judge Benjamin W. Cheesbro on 5/13/2022. (gmh)
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Filing
410
ORDER Overruling 380 Objections to Order filed by Waseem Daker. The Magistrate Judge's 354 Order on Motion to Amend/Correct remains the Order of this Court. Signed by District Judge R. Stan Baker on 3/31/2022. (pts)
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Filing
388
ORDER ADOPTING and affirming the 343 REPORT AND RECOMMENDATIONS as the Order of the Court, overruling Plaintiff's 358 - 359 Objections, and denying 314 - 316 , and 322 Motions. Signed by District Judge R. Stan Baker on 02/28/2022. (jlh)
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Filing
290
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS 259 as the opinion of the Court. The only remaining claims in this lawsuit are Plaintiff's GSP procedural due process claims concerning his placement in Tier II/segregation against Defendants DeLoach, Owens, Toole, Bailey-Dean, and Jacobs, (see doc. 235, pp. 2627), and, for these claims, Plaintiff is limited to recovering only nominal damages and shall not be able to recover compensatory or punitive damages. The Cour t DISMISSES all Defendants other than Defendants DeLoach, Owens, Toole, Bailey-Dean, and Jacobs from this action and DIRECTS the Clerk of Court to TERMINATE them upon the docket and record of this case. Signed by District Judge R. Stan Baker on 3/26/2021. (ca)
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Filing
279
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS 247 , as the opinion of the Court and DENIES Plaintiff's Motion for Partial Summary Judgment and Permanent Injunction on Cellphone-Related Claims: Motion for Preliminary Injunction 176 . Signed by District Judge R. Stan Baker on 3/17/2021. (ca)
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Filing
278
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS 257 as the opinion of the Court and DENIES Plaintiff's Motion for Partial Summary Judgment and Permanent Injunction on Tier-II/Segregation-Related Claims: Motion for Preliminary Injunction 175 . Signed by District Judge R. Stan Baker on 3/16/2021. (ca)
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Filing
272
ORDER denying without prejudice Movants' 140 Motion to Vacate Plaintiff's In Forma Pauperis Status; denying without prejudice Movants' 208 Motion to Supplement. The Court ORDERS Plaintiff to furnish the Updated Prisoner Trust Account Statement (attached as Exhibit A) and submit the attached AO 240 form (attached as Exhibit B) to the Clerk within 30 days of this Order. Signed by Magistrate Judge Benjamin W. Cheesbro on 2/26/2021. (ca)
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Filing
260
ORDER denying as moot 139 Motion to Sever and 164 Motion for Sanctions. Signed by Magistrate Judge Benjamin W. Cheesbro on 2/22/2021. (csr)
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Filing
258
ORDER OVERRULING re 237 Partial Objection filed by Waseem Daker, 244 Partial Objection filed by Waseem Daker, 239 Partial Objection filed by Waseem Daker, 238 Partial Objection filed by Waseem Daker, 236 Partial Objection filed by Waseem Daker. Signed by District Judge R. Stan Baker on 2/16/2021. (JH)
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Filing
250
ORDER denying 205 Motion to Strike 182 Reply to Response to Motion. Denying in part, Denying as moot in part, and Granting in part 205 Motion for Extension of Time to File a Surreply. The Court will consider Defendants' reply and Plaintiff's surreply in ruling on Defendants' motion to dismiss. Signed by Magistrate Judge Benjamin W. Cheesbro on 2/2/2021. (ca)
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Filing
235
ORDER ADOPTING in PART and REJECTING in PART 99 Report and Recommendations. The Court Severs and Transfers this case to the Northern District of Georgia as to the Cobb County claim Defendants listed herein; Severs and Transfers this Case to the M iddle District of Georgia as to the GDCP claim Defendants listed herein. This case will proceed in this Court as to the remaining GSP claims listed herein. Docs 8 , 10 , 11 , 72 and 73 are denied. 146 is granted and 132 is denied as Moot. Signed by District Judge R. Stan Baker on 9/4/2020. (pts)
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Filing
214
ORDER granting Defendants' 169 Motion for Protective Order. Denying as moot Defendants' 209 Motion for Extension of Time, and 211 Motion Request for Telephone Status Conference. Defendants are hereby relieved from responding to any of Plaintiff's pending or subsequent motions and filings in this action, including those docketed on June 9, 2020, unless otherwise ordered to do so by this Court. Signed by Magistrate Judge Benjamin W. Cheesbro on 6/23/2020. (ca)
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Filing
108
ORDERED that the order of the United States Court of Appeals for theEleventh Circuit is made the order of this Court. Signed by District Judge R. Stan Baker on 1/31/2020. (loh)
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Filing
96
USCA ORDER: Accordingly, Daker's mandamus petition and motion will be DISMISSED without further notice unless the full filing fee is paid within 14 days of this order's entry. (evk)
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Filing
90
REPORT AND RECOMMENDATIONS of the Magistrate Judge that the Court DENY Plaintiff's Motions for injunctive relief re: 72 - 74 , 78 , 80 - 81 , 83 and 86 . It is also RECOMMENDED that the Court sever Plaintiff's claims for declara tory and injunctive relief and TRANSFER those claims to the United States District Court for the Middle District of Georgia. Any party seeking to object to this Report and Recommendation is ordered to file specific written objections within fourteen (14) days of the date on which this Report and Recommendation is entered. (Objections to R&R due by 3/13/2019). ORDER directing service of the REPORT AND RECOMMENDATIONS of the Magistrate Judge. Signed by Magistrate Judge Benjamin W. Cheesbro on 2/27/2019. (csr)
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Filing
34
ORDER denying 28 Motion for Recusal; denying 29 Motion to Stay; denying 31 Motion to Vacate. Signed by Judge B. Avant Edenfield on 11/25/2014. (loh)
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Filing
25
ORDER denying 23 Motion to Vacate. Signed by Judge B. Avant Edenfield on 11/4/14. (bcw)
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Filing
22
JUDGMENT entered dismissing case. (bcw)
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Filing
12
ORDER VACATING 5 Order on Motion for Leave to Proceed in forma pauperis. Plaintiff's Motion to Proceed In Forma Pauperis is DENIED. Signed by Magistrate Judge James E. Graham on 9/8/2014. (csr)
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