Botley v. Edwards et al
| Villmon Botley, Jr |
| Richard Edwards, Jr, Derrick W Haught, Michael C Cassidy, Kevin D Millican, Terrie J Guillory, Donald Conner, Ryan Gary, Lance Clement, John Kurtz, Steve Gunnell, Joslyn Renee Alex and Rick Oustalet |
| 2:2012cv01789 |
| June 27, 2012 |
| US District Court for the Western District of Louisiana |
| Lake Charles Office |
| Jefferson Davis |
| Kathleen Kay |
| James T Trimble |
| Prisoner Petitions: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 11, 2014. A more recent docket listing may be available from PACER.
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Filing 26
JUDGMENT adopting #24 Report and Recommendations. The court notes that a judgment was signed and filed in this matter on February 28, 2014 which is duplicative of the judgment signed and filed on September 17, 2013, and therefore the Judgment of February 28, 2014 is hereby VACATED, the earlier judgment to remain in full force and effect. IT IS ORDERED, ADJUDGED AND DECREED that plaintiff's civil rights action against John Kurtz is hereby dismissed for failure to comply with the court order #23 entered herein on January 10, 2014, in accordance with the provisions of FRCP Rule 41(b). IT IS FURTHER ORDERED that this case be closed as John Kurtz is only remaining defendant in this case. Signed by Judge James T Trimble, Jr on 03/11/14. (crt,Guillot, M) Modified on 3/11/2014 to edit text. (Guillot, M).
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Filing 25
VACATED JUDGMENT ADOPTING #24 Report and Recommendations. IT IS ORDERED that plaintiff's civil rights action as to all defendants EXCEPT defendant Kurtz, is DISMISSED WITH PREJUDICE, as frivolous and for failing to state a claim on which relief may be granted pursuant to the provisions of 28 U.S.C. Section 1915(e)(2)(B)(i) and (ii). IT IS ALSO ORDERED that plaintiff's claim of excessive use of force be served upon defendant John Kurtz in accordance with the separate Memorandum Order issued by this court. IT IS FURTHER ORDERED that the Clerk shall provide a copy of this order to the keeper of the three strikes list. Signed by Judge James T Trimble, Jr on 02/28/14. (crt,Guillot, M) Modified on 3/11/2014 to indicate that this document is vacated. See #26 Judgment. (Guillot, M).
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| Filing 24 REPORT AND RECOMMENDATIONS recommending that the #1 Complaint filed by Villmon Botley, Jr be DISMISSED. Objections to R&R due by 2/24/2014. Signed by Magistrate Judge Kathleen Kay on February 5, 2014. (crt,Benoit, T) |
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Filing 23
ELECTRONIC ORDER. It appears from information contained in correspondence from defense counsel addressed to plaintiff, copy supplied to the court and linked to this order, that plaintiff may no longer be residing at the address he has provided to the court. Plaintiff is ordered to contact the Clerk of Court by telephone or in writing on or before 1/24/2014 to verify his contact information. Failure of plaintiff to respond to this order will result in a Report and Recommendation being entered recommending to the district court that this matter be dismissed for plaintiff's failure to keep the court apprised of his whereabouts and his failure to prosecute. Signed by Magistrate Judge Kathleen Kay on 1/10/2014. (jud,Kay, Kathleen)
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| Filing 22 NOTICE of Motion Setting regarding #21 MOTION to Strike Penalty, Punitive or Exemplary Damages. Motions referred to Kathleen Kay. (crt,Haik, K) |
| Filing 21 MOTION to Strike Penalty, Punitive or Exemplary Damages by John Kurtz. Motions referred to Kathleen Kay. (Attachments: #1 Memorandum / Brief)(aty,Wilkes, John) |
| Filing 20 ANSWER to #1 Complaint, #12 Amended Complaint, #9 Amended Complaint, ANSWER to #1 Complaint, #12 Amended Complaint, #9 Amended Complaint by John Kurtz.(Attorney John F Wilkes, III added to party John Kurtz(pty:dft))(aty,Wilkes, John) |
| Filing 19 DUPLICATE SUMMONS Returned Executed via USM 285 form. John Kurtz served on 11/22/2013, answer due 12/13/2013. (crt,Haik, K) |
| Filing 18 SUMMONS Returned Executed via USM 285 form. John Kurtz served on 11/22/2013, answer due 12/13/2013. (crt,Haik, K) |
| Filing 17 SUMMONS ISSUED as to John Kurtz. USM 285, Summons, copies of complaints doc #1 , #9 and #12 with certified copy of Judgment #16 and Memorandum Order #14 given to USM in Lake Charles. (crt,Finn, P) |
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Filing 16
JUDGMENT ADOPTING #13 Report and Recommendations, IT IS ORDERED that plaintiff's civil rights action as to all defendants EXCEPT defendant Kurtz, is DISMISSED WITH PREJUDICE, as frivolous and for failing to state a claim on which relief may be granted pursuant to the provisions of 28 U.S.C. Section 1915(e)(2)(B)(i) and (ii). IT IS ALSO ORDERED that plaintiff's claim of excessive use of force be served upon defendant John Kurtz in accordance with the separate Memorandum Order issued by this court. IT IS FURTHER ORDERED that the Clerk shall provide a copy of this order to the keeper of the three strikes list. Signed by Judge James T Trimble, Jr on 09/17/13. (crt,Guillot, M)
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| Filing 15 OBJECTION to #13 Report and Recommendations by Villmon Botley, Jr. Response to Objection to R&R due by 9/27/2013 (Attachments: #1 Envelope)(crt,Gregory, C) |
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Filing 14
MEMORANDUM ORDER: Clerk is directed to serve plaintiff with two summons forms and one USM 285 form for defendant Office John Kurtz to be completed by plaintiff and returned to clerk for service by U S Marshal. Clerk manually noticed order with forms. Pro Se Response due by 9/26/2013. Signed by Magistrate Judge Kathleen Kay on 8/27/2013. (crt,Gregory, C)
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| Filing 13 REPORT AND RECOMMENDATIONS recommending that the Complaint, filed by Villmon Botley, Jr, be DISMISSED IN PART, WITH PREJUDICE as frivolous and for failing to state a claim for which relief may be granted. Objections to R&R due by 9/13/2013. Signed by Magistrate Judge Kathleen Kay on August 27, 2013. (crt,Benoit, T) |
| NOTICE of Change of Address by Villmon Botley, Jr per doc #12 Amended Complaint. Clerk updated information per last page of amended complaint. (crt,Gregory, C) |
| Filing 12 AMENDED COMPLAINT against Joslyn Renee Alex, Michael C Cassidy, Lance Clement, Donald Conner, Richard Edwards, Jr, Ryan Gary, Terrie J Guillory, Steve Gunnell, Derrick W Haught, John Kurtz, Kevin D Millican, Rick Oustalet filed by Villmon Botley, Jr as ordered per doc #11 Memorandum Order.(crt,Gregory, C) Modified to create docket entry relationship on 4/9/2013 (Gregory, C). (Additional attachment(s) added on 4/10/2013: #1 Exhibit) (Gregory, C). |
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Filing 11
MEMORANDUM ORDER: Directing plaintiff to amend complaint/petition. Pro Se Response due by 4/8/2013. Signed by Magistrate Judge Kathleen Kay on 3/8/2013. (crt,Haik, K)
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| REMARK: Plaintiff's current address of record is P O BOX 441, Elton, LA 70532. However, plaintiff's most recent communication with the court states his address to be P O Box 813, Elton, LA 70532. As it is unclear at what point plaintiff's address was changed to P O BOX 441, Elton, LA 70532, the Clerk forwarded doc. #11 to P O Box 813, Elton, LA 70532 as well. (crt,Haik, K) |
| Filing 10 NOTICE of Change of Address by Villmon Botley, Jr. Clerk updated address to P O Box 813, Elton, LA 70532. (crt,Haik, K) |
| Filing 9 AMENDED COMPLAINT against Terrie J Guillory, Steve Gunnell, Kevin D Millican, Joslyn Renee Alex, Rick Oustalet filed by Villmon Botley, Jr.(crt,Gregory, C) |
| Filing 8 NOTICE of Change of Address by Villmon Botley, Jr. Clerk updated address to Jefferson County Jail per request. (crt,Gregory, C) |
| Filing 7 REQUEST from Villmon Botley, Jr. for acknowledgment of receipt of suit. Clerk mailed a copy of the docket sheet on 7/26/12. (crt,Stephens, M) |
| Filing 6 DUPLICATE: LETTER from Warden Dustin Locke to Court regarding confirmation of receiving copy of 4 Order on Motion for Leave to Proceed in forma pauperis. (crt,Haik, K) |
| Filing 5 LETTER from Warden Dustin Locke to Court regarding confirmation of receiving copy of #4 Order on Motion for Leave to Proceed in forma pauperis. (crt,Gregory, C) |
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. No initial filing fee due. Further ordered that plaintiff make payments of 20 percent of income for preceding month until $350.00 has been paid in full. Clerk manually noticed Prison Accounts Officer. Signed by Magistrate Judge Kathleen Kay on 7/16/2012. (crt,Gregory, C)
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| Filing 3 PROPOSED ORDER referred to Magistrate Judge Kay. (crt,Thigpen, M) |
| CASE Assigned to Judge James T Trimble, Jr and Magistrate Judge Kathleen Kay. Motions referred to Kathleen Kay. (crt,Thigpen, M) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Villmon Botley, Jr. (crt,Stephens, M) |
| Filing 1 COMPLAINT against Michael C Cassidy, Lance Clement, Donald Conner, Richard Edwards, Jr, Ryan Gary, Terrie J Guillory, Steve Gunnell, Derrick W Haught, John Kurtz, Kevin D Millican filed by Villmon Botley, Jr. (Attachments: #1 Civil cover sheet, #2 Memorandum / Brief, #3 Exhibit)(crt,Stephens, M) |
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