Mitchell v. Hooper et al
| Reginald Mitchell |
| Eric Hinyard and Timothy Hooper |
| 3:2019cv00398 |
| June 18, 2019 |
| US District Court for the Middle District of Louisiana |
| Richard L Bourgeois |
| Richard L Bourgeois |
| Shelly D Dick |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 15
GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal. The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal. ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order . Signed by Chief Judge Shelly D. Dick on 07/08/2019. (ELW)
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| Filing 14 JUDGMENT entered in favor of Eric Hinyard, Timothy Hooper against Reginald Mitchell and this matter is dismissed. Signed by Chief Judge Shelly D. Dick on 01/09/2020. (ELW) |
| Filing 13 RULING: Adopting #12 REPORT AND RECOMMENDATIONS. Motion for Summary Judgment #9 is hereby GRANTED and the Plaintiff's claims are DISMISSED without Prejudice, for failure to exhaust administrative remedies. Signed by Chief Judge Shelly D. Dick on 01/09/2020. (ELW) |
| Filing 12 REPORT AND RECOMMENDATIONS regarding #9 Motion for Summary Judgment filed by Timothy Hooper, Eric Hinyard. It is the recommendation of the Magistrate Judge that the defendant's #9 Motion for Summary Judgment be granted and the plaintiff's claim be dismissed, without prejudice, for failure to exhaust administrative remedies. It is further recommended that the Court decline the exercise of supplemental jurisdiction in connection with any potential state law claims, and that this action be dismissed. Objections to R&R due by 12/26/2019. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 12/12/2019. (EDC) |
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Filing 11
ORDER granting #10 MOTION for Leave to to Attach Susie Krol's Affidavit. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 11/8/2019. (EDC)
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| Filing 10 MOTION for Leave to Attach Susie Krol's Affidavit to R. Doc. 9.1 by Eric Hinyard, Timothy Hooper. (Attachments: #1 Memorandum in Support, #2 Exhibit)(Dobard, Kristian) Modified on 10/25/2019 to edit the docket text (SWE). |
| MOTION(S) REFERRED: #10 MOTION for Leave to Attach Susie Krol's Affidavit to R. Doc. 9.1. This motion is now pending before the USMJ. (SWE) |
| Filing 9 MOTION for Summary Judgment by Eric Hinyard, Timothy Hooper. (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Facts)(Dobard, Kristian) (Additional attachment(s) added on 11/8/2019: #3 Affidavit) (EDC). Modified on 11/8/2019 in accordance with record document 11. (EDC). |
| MOTION(S) REFERRED: #9 MOTION for Summary Judgment . This motion is now pending before the USMJ. (EDC) |
| Filing 8 SUMMONS Returned Executed. Eric Hinyard served on 10/2/2019, answer due 10/23/2019; Timothy Hooper served on 10/2/2019, answer due 10/23/2019. (US Marshal, ) |
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Filing 7
ORDER Vacating #3 Order on Motion to Proceed In Forma Pauperis (Prisoner). ORDERED that the plaintiffs Motion #2 be and is hereby GRANTED for the purpose of service of process by the United States Marshals Office, as provided in Rule 4(c)(3) of the Federal Rules of Civil Procedure. ORDERED that the plaintiff is assessed an initial partial filing fee in the amount of $0.00. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 08/30/2019. (ELW)
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| Filing 6 Summons Issued as to Eric Hinyard, Timothy Hooper. (Summons submitted to the USM for service).(EDC) |
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Filing 5
ORDER: USM is to serve the defendants wherever found. Within 90 days of the defendants' first appearance, the parties shall complete all discovery. Counsel for defendants shall provide to the plaintiff all medical records, etc. pertinent to the issues in this case, within 20 days of the defendants' first appearance. Discovery shall proceed as stated herein. Within 120 days of the defendant's first appearance, the parties shall file cross motions for summary judgment.Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 8/30/2019. (EDC)
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| Filing 4 RESPONSE to #3 Order on Motion to Proceed In Forma Pauperis (Prisoner), filed by Reginald Mitchell. (KMW) |
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Filing 3
ORDER granting #2 Motion to Proceed In Forma Pauperis. It is ordered that the plaintiff pay an initial partial filing fee of $3.35 in accordance with 28 USC 1915. A copy of this order shall be sent to the plaintiff and to Centralized Inmate Banking. Filing Fee due by 8/12/2019. Signed by Magistrate Judge Richard L. Bourgeois, Jr. on 7/22/2019. (KAH)
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| MOTION(S) REFERRED: #2 MOTION to Proceed In Forma Pauperis with Statement of Account. This motion is now pending before the USMJ. (EDC) |
| Filing 2 MOTION to Proceed In Forma Pauperis with Statement of Account by Reginald Mitchell. (Attachments: #1 Attachment)(EDC) |
| Filing 1 COMPLAINT against Eric Hinyard, Timothy Hooper, filed by Reginald Mitchell. (Attachments: #1 cover letter, #2 envelope)(EDC) |
| ***Set CASE REFERRED Flag (PPS) (EDC) |
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