Walker #932129 et al v. Simon et al
| Estes Walker #932129 |
| P.C. Simon, Unknown Cook, Unknown Bledsoe, Unknown Morgan, Unknown Scott, Unknown Floyd, Unknown Ybara and Unknown Leuther |
| 1:2022cv00848 |
| September 13, 2022 |
| US District Court for the Western District of Michigan |
| Southern Division (1) Office |
| Sally J Berens |
| Paul L Maloney |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on November 28, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| RECEIPT (Prisoner Litigation): filing fee installment in the amount of $16.00, receipt number 100000518; amount paid to date $24.61 (klb) |
| Filing 33 REPORT AND RECOMMENDATION that Defendants' motion for summary judgment #28 be granted, that Plaintiff's claims against Defendants be dismissed withoutprejudice, and that this matter be closed; objections to R&R due within 14 days; signed by Magistrate Judge Sally J. Berens (jln) |
| Copy of Report and Recommendation, #33 sent via U.S. Mail to Estes Walker (mlc) |
| Filing 32 NOTICE OF SEVERED CASE (pjw) |
| Copy of Notice (Other) #32 sent via U.S. Mail to Estes Walker #932129 (jmw) |
| Copy of Order Regarding Report and Recommendation #31 sent via U.S. Mail to Estes Walker #932129 and Doyle Mims #838715 (pjw) |
Filing 31
ORDER ADOPTING REPORT AND RECOMMENDATION #23 ; denying motion for preliminary injunction #21 ; severing claims of plaintiffs into two separate cases; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 30 STATEMENT RE CONSENT by plaintiff Estes Walker #932129 consenting to proceed before the Magistrate Judge (jrg) |
| Filing 29 BRIEF in support of MOTION for summary judgment on the basis of exhaustion with motion concurrence statement and a certificate of service #28 with word count concurrence and a Certificate of Service filed by Unknown Bledsoe, Unknown Cook, Unknown Floyd, Unknown Morgan, Unknown Scott, P.C. Simon, Unknown Ybara (Attachments: #1 Index, #2 Exhibit 1: MDOC Policy Directive (P.D.) 03.02.130, "Prisoner/Parolee Grievances" (eff. date Mar. 13, 2019), #3 Exhibit 2: Mims' Step III Grievance Report, #4 Exhibit 3: Walker's Step III Grievance Report) (Ho, Joseph) |
| Filing 28 MOTION for summary judgment on the basis of exhaustion with motion concurrence statement and a certificate of service with certificate of service by defendants Unknown Bledsoe, Unknown Cook, Unknown Floyd, Unknown Morgan, Unknown Scott, P.C. Simon, Unknown Ybara; (Ho, Joseph) Modified text on 8/25/2022 (pjw). |
| Copy of Case Management Order #26 and Notice Regarding Consent #27 sent via U.S. Mail to Estes Walker #932129 and Doyle Mims #838715 (pjw) |
| Filing 27 NOTICE regarding consent; statement regarding consent due 9/6/2022 (jal) |
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Filing 26
CASE MANAGEMENT ORDER; discovery to be completed by 12/13/2022; dispositive motions due by 1/10/2023; signed by Magistrate Judge Sally J. Berens (jal)
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| Filing 25 DEMAND for TRIAL BY JURY by defendants Unknown Bledsoe, Unknown Cook, Unknown Floyd, Unknown Morgan, Unknown Scott, P.C. Simon, Unknown Ybara (Ho, Joseph) |
| Filing 24 CERTIFICATE OF SERVICE by defendants Unknown Bledsoe, Unknown Cook, Unknown Floyd, Unknown Morgan, Unknown Scott, P.C. Simon, Unknown Ybara re Attorney Appearance (Ho, Joseph) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Joseph Ho on behalf of defendants Unknown Bledsoe, Unknown Cook, Unknown Floyd, Unknown Morgan, Unknown Scott, P.C. Simon, Unknown Ybara (Ho, Joseph) |
| Filing 23 REPORT AND RECOMMENDATION that the Court deny Plaintiff Mims's Motion for Preliminary Injunction #21 , and that the Court sever Plaintiff Walker's claims into a separate action; objections to R&R due within 14 days; signed by Magistrate Judge Sally J. Berens (jln) |
| Copy of Report and Recommendation #23 sent via U.S. Mail to Estes Walker #932129 and Doyle Mims #838715 (pjw) |
| RECEIPT (Prisoner Litigation): filing fee installment by Mims in the amount of $10.00, receipt number GR077460; amount paid to date by Mims $13.82; amount paid to date in case $26.25 (klb) |
| Filing 22 WAIVER OF SERVICE returned executed as to Unknown Bledsoe waiver sent on 6/15/2022, answer due 8/15/2022; Unknown Cook waiver sent on 6/15/2022, answer due 8/15/2022; Unknown Floyd waiver sent on 6/15/2022, answer due 8/15/2022; Unknown Morgan waiver sent on 6/15/2022, answer due 8/15/2022; Unknown Scott waiver sent on 6/15/2022, answer due 8/15/2022; P.C. Simon waiver sent on 6/15/2022, answer due 8/15/2022; Unknown Ybara waiver sent on 6/15/2022, answer due 8/15/2022 (pjw) |
| Filing 21 MOTION for order to grant temporary communication via I.D. institutional mail by plaintiff Doyle Mims #838715; (pjw) |
| Filing 20 LETTER from plaintiff Doyle Mims #838715 requesting docket sheet; docket sheet mailed to plaintiff 7/11/22 (ems) |
| RECEIPT (Prisoner Litigation): filing fee installment in the amount of $3.82, receipt number GR077295; amount paid to date $12.43 (amount paid to date by Plaintiff Mims: $3.82) (slk) |
| Filing 19 LETTER from plaintiff Doyle Mims #838715 requesting docket sheet; docket sheet mailed to plaintiff 6/13/22 (ems) |
| NOTICE OF LAWSUIT/REQUEST FOR WAIVER of service delivered to USM as to defendants Unknown Bledsoe, Unknown Cook, Unknown Floyd, Unknown Morgan, Unknown Scott, P.C. Simon, Unknown Ybara (ns) |
| COPIES FOR SERVICE received re Order #17 (ns) |
| RECEIPT (Prisoner Litigation): filing fee installment by Walker in the amount of $8.61, receipt number GR077023; amount paid to date by Walker $8.61; amount paid to date in case $8.61 (jmw) |
| Filing 18 LETTER from plaintiff Estes Walker #932129 to Judge Maloney regarding retaliation for filing lawsuit (pjw) Modified text on 5/27/2022 (pjw). |
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Filing 17
ORDER LIFTING STAY and REGARDING SERVICE: within 14 days, plaintiffs shall file a copy of this order and sufficient additional copies of the complaint for service upon defendants; upon receipt of the copies, the Clerk is to arrange for service of this order and the complaint upon the defendants; signed by Magistrate Judge Sally J. Berens (jal)
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| Copy of Order Regarding Service - Prisoner #17 sent via U.S. Mail to Estes Walker #932129 and Doyle Mims #838715 with copy of compliant (pjw) |
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Filing 16
ORDER REMOVING CASE FROM EARLY MEDIATION re #15 ; signed by Magistrate Judge Phillip J. Green (kmd) Modified text on 5/20/2022 (kmd).
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| Copy of Order Removing Case from Early Mediation #16 sent via U.S. Mail to Estes Walker #932129 and Doyle Mims #838715 (pjw) |
| Filing 15 STATEMENT from plaintiffs Doyle Mims #838715, Estes Walker #932129 seeking exclusion from the prisoner civil rights litigation early mediation program; docket sheet also mailed as requested (pjw) Modified text on 5/20/2022 (pjw). |
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Filing 14
ORDER STAYING CASE and referring to EARLY MEDIATION: case is stayed for 120 days to allow parties to participate in mediation; collection of the filing fee is suspended; the 90-day period for service is tolled; the MI Attorney General shall enter a limited appearance by May 23, 2022; w/attached Protocol; signed by Magistrate Judge Phillip J. Green (kmd)
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| Certified Copy of Order #13 , Opinion (Screening) #12 sent via U.S. Mail to Doyle Mims #838715 (klb) |
| Certified Copy of Order #13 , Opinion (Screening) #12 sent via U.S. Mail to Estes Walker #932129 (klb) |
| Copy of Order Staying Case and Referring to Early Mediation Program, #14 sent via U.S. Mail to Doyle Mims #838715 and Estes Walker #932129 (jmw) |
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Filing 13
ORDER denying #11 and partially dismissing; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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| Filing 12 OPINION; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc) |
| Filing 11 MOTION to amend/correct #1 Complaint by plaintiff Doyle Mims #838715; (Attachments: #1 Exhibit A, #2 Exhibit B) (pjw) |
| Copy of Notice Regarding Assignment of Case to DJ (Prisoner Civil Rights/State Habeas) #10 sent via U.S. Mail to Estes Walker #932129 and Doyle Mims #838715 (pjw) |
| Filing 10 NOTICE that this case has been assigned to District Judge Paul L. Maloney and Magistrate Judge Sally J. Berens for all further proceedings (pjw) |
| Filing 9 STATEMENT RE CONSENT by plaintiff Estes Walker #932129 requesting the case be assigned to a district judge (pjw) |
| Filing 8 STATEMENT RE CONSENT by plaintiff Doyle Mims #838715 requesting the case be assigned to a district judge (pjw) |
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Filing 7
ORDER TO PROCEED IN FORMA PAUPERIS and FOR PAYMENT OF FILING FEE: plaintiff Mims to pay an initial partial fee of $3.82 when funds are available; plaintiff Walker to pay an initial partial fee of $8.61 when funds are available; plaintiffs to make interim payments until the full fee is paid; signed by Magistrate Judge Sally J. Berens (jln)
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| Copy of Order to Proceed IFP - Initial Fee Due When Funds Are Available - Prisoner, #7 sent via U.S. Mail to Doyle Mims #838715 and Estes Walker #932129 (jmw) |
| Filing 6 BRIEF by plaintiffs Doyle Mims #838715 and Estes Walker #932129 in support of Complaint #1 (Attachments: #1 Proposed Order) (pjw) Modified text on 4/6/2022 (pjw). |
| Filing 5 NOTICE to plaintiff regarding assignment of case and consent; statement regarding consent due 4/25/2022 (pjw) (Additional attachment(s) added on 4/4/2022: #1 Signatue page for plaintiff Walker) (pjw). |
| Filing 4 LETTER from plaintiffs Doyle Mims #838715, Estes Walker #932129 requesting docket sheet; court docket sheet mailed on 4/4/2022 (pjw) |
| Filing 3 APPLICATION TO PROCEED without prepayment of fees and affidavit by plaintiff Walker (Attachments: #1 Financial Documents) (pjw) Modified text on 4/4/2022 (pjw). |
| Filing 2 APPLICATION TO PROCEED without prepayment of fees and affidavit by plaintiff Mims (Attachments: #1 Financial Documents) (pjw) Modified text on 4/4/2022 (pjw). |
| Filing 1 COMPLAINT with jury demand against All Defendants filed by Estes Walker #932129, Doyle Mims #838715 (pjw) |
| Copy of Notice Regarding Assignment of Case and Consent (Prisoner Civil Rights/State Habeas) #5 sent via U.S. Mail to Estes Walker #932129 and Doyle Mims #838715 (pjw) |
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