VanBuren v. Walker et al
| Joshua Jamichael VanBuren |
| Daniel Hunter and Doug Walker |
| 3:2019cv01153 |
| August 30, 2019 |
| US District Court for the Western District of Louisiana |
| Terry A Doughty |
| Karen L Hayes |
| Prisoner Petitions: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| USCA Case Number 19-30859 for #14 Notice of Appeal filed by Joshua Jamichael VanBuren. (crt,WalkerSld, B) |
| Set Deadline for Clerk re #14 Notice of Appeal: Certify Appeal Record (19-30859) by Clerk to COA 11/7/2019. (crt,WalkerSld, B) |
Filing 16
MEMORANDUM ORDER denying #15 Motion for Reconsideration re #11 Judgment re Report and Recommendations. Signed by Judge Terry A Doughty on 10/22/2019. (crt,Miletello, A)
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| Filing 15 MOTION for Reconsideration re #11 Judgment re Report and Recommendations, by Joshua Jamichael VanBuren. Motions referred to Magistrate Judge Karen L Hayes. (Attachments: #1 Envelope)(crt,Haik, K) |
| Motions Transferred regarding #15 MOTION for Reconsideration re #11 Judgment re Report and Recommendations. Motions referred to Judge Terry A Doughty. (crt,Haik, K) |
| Filing 14 NOTICE OF APPEAL as to #11 Judgment re Report and Recommendations, Order on Report and Recommendations, by Joshua Jamichael VanBuren. FEE STATUS: IFP GRANTED (Attachments: #1 Envelope)(crt,WalkerSld, B) |
| Filing 13 MINUTE ENTRY: The Court has reviewed and considered #12 Supplemental Objections to Report and Recommendation filed by Joshua Jamichael VanBuren., and it does not change its opinion reflected in the Judgment adopting the Report and Recommendation of the Magistrate Judge. Signed by Judge Terry A Doughty on 10/15/2019. (crt,Crawford, A) |
| Filing 12 AMENDED DOCUMENT by Joshua Jamichael VanBuren. Amendment to #10 Objection to Report and Recommendations. (Attachments: #1 Envelope)(crt,Williams, L) |
| Filing 11 JUDGMENT adopting #9 Report and Recommendation of the Magistrate Judge dismissing claims with prejudice as duplicative, frivolous, and malicious; dismissing claims without prejudice to Plaintiff's right to prosecute his pending duplicative appeal; dismissing claims with prejudice as frivolous, for failing to state a claim on which relief may be granted, and for seeking monetary relief against a defendant immune from such relief; and dismissing claims with prejudice as frivolous until the Heck conditions are met. Signed by Judge Terry A Doughty on 10/10/2019. (crt,Crawford, A) |
| Filing 10 OBJECTION to #9 Report and Recommendations by Joshua Jamichael VanBuren. Response to Objection to R&R due by 10/23/2019. (Attachments: #1 Envelope)(crt,Thomas, T) |
| Filing 9 REPORT AND RECOMMENDATIONS re #1 Complaint. IT IS RECOMMENDED that the following claims, raised by Plaintiff be DISMISSED WITH PREJUDICE as duplicative, frivolous, and malicious: (1) that Officer Jody Ledoux arrested him without probable cause; (2) that District Attorney Nick Anderson filed a bill of information against him without probable cause; and (3) that Assistant District Attorney, Daniel Hunter, filed a bill of information against him without probable cause. IT IS FURTHER RECOMMENDED that Plaintiff's claim that Officer Paul Blunschi falsely arrested him for attempted second-degree murder be DISMISSED WITHOUT PREJUDICE to Plaintiff's right to prosecute his pending, duplicative appeal. The claim should otherwise be DISMISSED WITH PREJUDICE as duplicative, frivolous, and malicious. IT IS FURTHER RECOMMENDED that Plaintiff's claim that Assistant District Attorney, Doug Walker, placed him on pre-trial diversion without probable cause, along with his associated requests for monetary damages, be DISMISSED WITH PREJUDICE as frivolous, for failing to state claims on which relief may be granted, and for seeking monetary relief against a defendant immune from such relief. IT IS FURTHER RECOMMENDED that Plaintiff's request to terminate his pre-trial diversion agreement, in connection with his claim that Assistant District Attorney, Doug Walker, placed him on pre-trial diversion without probable cause, be DISMISSED WITH PREJUDICE as frivolous until the Heck conditions are met. Objections to R&R due by 10/18/2019. Signed by Magistrate Judge Karen L Hayes on 10/4/2019. (crt,Leday, A) |
| Filing 8 NOTICE of Lawsuit and Request of Waiver of Service Sent to Daniel Hunter and Doug Walker by Joshua Jamichael VanBuren. (Attachments: #1 Envelope)(crt,Haik, K) |
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Filing 7
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Karen L Hayes on 9/13/2019. (crt,Miletello, A)
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Filing 6
ORDER granting #5 Motion for Reconsideration re #4 Sec P - Deficiency Order and the 9/5/2019 Order is REVOKED. Plaintiff is not required to file his complaint on the Prisoner Civil Rights Form. Signed by Magistrate Judge Karen L Hayes on 9/12/2019. (crt,Chicola, C)
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| Filing 5 MOTION FOR RECONSIDERATION re #4 MEMORANDUM ORDER by Joshua Jamichael VanBuren. (Attachments: #1 Envelope)(crt,Haik, K) Modified to change event type on 9/12/2019 (Chicola, C). |
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Filing 4
MEMORANDUM ORDER: Plaintiff failed to submit documents on approved forms. Pro Se Deadline to comply with deficiency set for 10/7/2019. Signed by Magistrate Judge Karen L Hayes on 9/5/2019. (Attachments: #1 Complaint Form)(crt,Leday, A)
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| Filing 3 PROPOSED MEMORANDUM ORDER referred to Magistrate Judge Karen L Hayes. (Public entry, but no electronic notice). (crt,Thigpen, M) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Joshua Jamichael VanBuren. (Attachments: #1 Envelope)(crt,Miletello, A) |
| Filing 1 COMPLAINT against Daniel Hunter, Doug Walker with Jury Demand filed by Joshua Jamichael VanBuren. (Attachments: #1 Civil cover sheet, #2 Exhibit, #3 Envelope)(crt,Miletello, A) |
| CASE Assigned to Judge Terry A Doughty and Magistrate Judge Karen L Hayes. Motions referred to Magistrate Judge Karen L Hayes. (crt,Thigpen, M) |
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