Gemelli v. State of Louisiana et al
| Timothy M. Gemelli |
| St. Bernard Parish Sheriff Office, Randy Nunez, Charles Ward, State of Louisiana, Brook Kerrigan, Perry Nicosia, Michelle Canepa, Jeanne Juneau, Melissa M. Evans, James Pohlmann, Parish of St. Bernard and Mikey Morales |
| 2:2019cv13424 |
| November 5, 2019 |
| U.S. District Court for the Eastern District of Louisiana |
| Jane Triche Milazzo |
| Joseph C Wilkinson |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.
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Filing 20
ORDER - IT IS ORDERED that a preliminary conference by telephone is SCHEDULED before Magistrate Judge Joseph C. Wilkinson, Jr., on FEBRUARY 11, 2020, at 11:00 a.m. The purpose of the conference is to examine the basis of plaintiff's claims and to select pretrial and trial dates, if appropriate. The Clerk is directed to send a copy of this order to the Warden of the Boulder County Jail in Boulder, Colorado. The Warden is directed to have plaintiff, TIMOTHY M. GEMELLI, made available by telephone for the conference. The magistrate judge's office will initiate the conference call to the prison. Counsel for defendants must participate in the conference by contacting my office at 504-589-7630 at the appropriate time. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 1/3/2020. (1 cc: Plaintiff, Warden of Boulder County Jail, Gutierrez & Hand, via US Mail, and Angela O'Brien, Asst. Atty Gen, via email) (sa)
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Filing 19
ORDER FINDING AS MOOT #18 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 1/2/2020. (sa)
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Filing 17
Statement of Facts, Exhibit and Witness List by Timothy M. Gemelli (am)
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Filing 18
EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Timothy M. Gemelli. Motion(s) referred to Joseph C. Wilkinson, Jr. (am)
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Filing 16
ORDER - IT IS ORDERED that no later than JANUARY 15, 2020, counsel for the St. Bernard Parish Sheriff must furnish a verified copy of the medical records, to be maintained under seal, of plaintiff, TIMOTHY M. GEMELLI (currently incarcerated at the Boulder County Jail in Boulder, Colorado), to the undersigned magistrate judge at 500 Poydras Street, Hale Boggs Building, Room B409, New Orleans, Louisiana. A copy of these records should also be sent to plaintiff Timothy M. Gemelli at Boulder County Jail, 3200 Airport Road, Boulder, CO 80301. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 12/4/2019. (1 cc: Gutierrez & Hand) (sa)
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Filing 15
1983 Response Order that plaintiff file statement of facts, exhibit and witness list by January 15, 2020. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 12/4/2019. (sa)
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Filing 14
Summons Issued as to Michelle Canepa, Melissa M. Evans, Brook Kerrigan, Mikey Morales, Perry Nicosia, Randy Nunez, Parish of St. Bernard, James Pohlmann, St. Bernard Parish Sheriff Office, State of Louisiana, Charles Ward. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons) (3 cc USM: Pauper Order, 2 cc USM: Summons, with copies of Complaint and Amended Complaint) (sa)
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Filing 13
PAUPER ORDER - IT IS ORDERED that the previously filed Motion for Leave to proceed pauper (Rec. Doc. #11 ) has been accepted and the deficiency is removed. IT IS ORDERED that the Motion for Leave to Proceed In Forma Pauperis is GRANTED with a partial payment of $20.83 and directing the remainder of filing fee be made from Prisoner Account as to Timothy M. Gemelli in monthly payments as set out in document. IT IS FURTHER ORDERED that, if plaintiff is transferred to another facility or released from custody, the Sheriff, Warden, or authorized prison official shall notify the Court of the inmate's new facility or forwarding address within 30 days of the inmate's transfer or release. The Clerk is directed to withhold issuance of summons to Judge Jeanne Juneau only, until further order of the Court. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 12/4/2019. (NEF: Financial, cc: Warden, Boulder County Jail) (sa)
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Filing 12
NOTICE OF DEFICIENT ProSe DOCUMENT: re #11 Motion for Leave to Proceed in forma pauperis. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 12/23/2019. (am) (Main Document 12 replaced on 12/2/2019) (am).
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Filing 11
EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Timothy M. Gemelli. Motion(s) referred to Joseph C. Wilkinson, Jr. (am) Modified to remove deficiency on 12/4/2019 (sa).
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Filing 10
NOTICE OF DEFICIENT ProSe DOCUMENT: re #5 Motion for Leave to Proceed in forma pauperis, #2 Motion for Leave to Proceed in forma pauperis. Please see attached letter for steps needed to remedy deficiency. Deficiency remedy due by 12/3/2019. (am)
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Filing 9
Case transferred in from District of Colorado; Case Number 1:19-cv-03003. Electronic file certified copy of transfer order and docket sheet received (mp)
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Filing 8
ORDER TRANSFERRING CASE The Court finds that it would be in the interests of justice to transfer this case to a federal court in Louisiana rather than to dismiss it. Therefore, the Court will transfer the action to the United States District Court for the Eastern District of Louisiana, the judicial district in which St. Bernard Parish is located. See 28 U.S.C. 98(a). Accordingly, it is ORDERED that the clerk of the Court is directed to transfer this action to the United States District Court for the Eastern District of Louisiana pursuant to 28 U.S.C. 1406(a), by Judge Lewis T. Babcock on 11/4/2019. (evana, ) [Transferred from cod on 11/6/2019.]
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Filing 7
RESPONSE TO ORDER TO SHOW CAUSE re #4 by Plaintiff Timothy M. Gemelli. (evana, ) [Transferred from cod on 11/6/2019.]
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Filing 6
AMENDED COMPLAINT against Michelle Canepa, Melissa M. Evans, Jeanne Juneau, Brook Kerrigan, Jeff Landry, Guy S. McInnis, Mikey Morales, Perry Nicosia, Randy Nunez, James Pohlman, St. Bernard Parish Sherriff's Office, Charles Ward, filed by Timothy M. Gemelli.(evana, ) [Transferred from cod on 11/6/2019.]
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Filing 5
Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Timothy M. Gemelli. (evana, ) [Transferred from cod on 11/6/2019.]
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Filing 4
ORDER TO SHOW CAUSE: That Mr. Gemelli show cause in writing within thirty (30) days from the date of this order why the action should not be dismissed or transferred because of improper venue. That if Mr. Gemelli fails to show good cause within the time allowed the action will be dismissed or transferred without further notice, by Magistrate Judge Gordon P. Gallagher on 10/22/2019. (evana, ) [Transferred from cod on 11/6/2019.]
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Filing 3
Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (cmadr, ) [Transferred from cod on 11/6/2019.]
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Filing 2
Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Timothy M. Gemelli. (cmadr, ) [Transferred from cod on 11/6/2019.]
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Filing 1
COMPLAINT for a Civil Case against Michelle Canepa, Melissa M. Evans, Jeanne Juneau, Brook Kerrigan, Jeff Landry, Guy S. McInnis, Mikey Morales, Perry Nicosia, Randy Nunez, James Pohlman, St. Bernard Parish Sherriff's Office, Charles Ward, filed by Timothy M. Gemelli. (Attachments: #1 Envelope)(cmadr, ) [Transferred from cod on 11/6/2019.]
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