Clayborne v. Minnesota Department of Corrections, The et al
| Jay Rodney Richard Clayborne |
| Minnesota Department of Corrections, The, Brian Collins, Kristina Rish, John Klar, Mike Lott, David W. Evans, Spencer Lekander, Thomas Fishback, Ethan Bjorklund, Thomas Herman, Marc Magnusen, Matthew Noland, Darrel M. Berry, Edward Stone, John Does and Crystal Hansen |
| 0:2023cv03612 |
| November 22, 2023 |
| US District Court for the District of Minnesota |
| Jeffrey M Bryan |
| Tony N Leung |
| Eric C Tostrud |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 31 (Text-Only) CLERK'S NOTICE OF REASSIGNMENT. Due to the appointment of Judge Jeffrey M. Bryan, this case is reassigned to him. Judge Eric C. Tostrud is no longer assigned to the case. NOTE: the new case number is 23-cv-3612 JMB/TNL. Please use this case number for all subsequent pleadings. . Note: any current hearings or conferences before the district judge in this case are canceled unless otherwise indicated by the new DJ courtroom deputy. (kt) |
Filing 30
ORDER granting #24 Motion to Extend the Deadline to File a Responsive Pleading. Defendant Collins shall answer or otherwise respond to Plaintiff's Amended Complaint on or before 2/19/2024. Signed by Magistrate Judge Tony N. Leung on 12/29/2023. (EPD)
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| Filing 29 CERTIFICATE OF SERVICE by Brian Collins re #25 Memorandum in Support of Motion, #26 Declaration in Support, #24 MOTION for Extension of Time to File Response/Reply as to #15 Amended Complaint , #22 Notice of Appearance, #28 Proposed Order to Judge, #27 Meet and Confer Statement (Olander, Carole) |
| Filing 28 PROPOSED ORDER TO JUDGE re #24 MOTION for Extension of Time to File Response/Reply as to #15 Amended Complaint filed by Brian Collins.(Olander, Carole) |
| Filing 27 MEET and CONFER STATEMENT re #24 Motion for Extension of Time to File Response/Reply filed by Brian Collins.(Olander, Carole) |
| Filing 26 Declaration of Katie Olander in Support of #24 MOTION for Extension of Time to File Response/Reply as to #15 Amended Complaint filed by Brian Collins.(Olander, Carole) |
| Filing 25 MEMORANDUM in Support re #24 MOTION for Extension of Time to File Response/Reply as to #15 Amended Complaint filed by Brian Collins. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Olander, Carole) |
| Filing 24 MOTION for Extension of Time to File Response/Reply as to #15 Amended Complaint filed by Brian Collins. (Olander, Carole) |
| Filing 23 NOTICE of Appearance by Kevin Jonassen on behalf of Brian Collins. (Attachments: #1 Certificate of Service)(Jonassen, Kevin) |
| Filing 22 NOTICE of Appearance by Carole C. Olander on behalf of Brian Collins. (Olander, Carole) |
| Filing 21 SUMMONS Returned Executed. Darrel M. Berry served on 12/19/2023, answer due 1/9/2024; Ethan Bjorklund served on 12/19/2023, answer due 1/9/2024; Brian Collins served on 12/19/2023, answer due 1/9/2024; David W. Evans served on 12/19/2023, answer due 1/9/2024; Thomas Fishback served on 12/19/2023, answer due 1/9/2024; Crystal Hansen served on 12/19/2023, answer due 1/9/2024; Thomas Herman served on 12/19/2023, answer due 1/9/2024; John Klar served on 12/19/2023, answer due 1/9/2024; Spencer Lekander served on 12/19/2023, answer due 1/9/2024; Mike Lott served on 12/19/2023, answer due 1/9/2024; Marc Magnusen served on 12/19/2023, answer due 1/9/2024; Matthew Noland served on 12/19/2023, answer due 1/9/2024; Kristina Rish served on 12/19/2023, answer due 1/9/2024; Edward Stone served on 12/19/2023, answer due 1/9/2024. (ACH) Document QC'd on 1/4/2024 (ACH). |
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Filing 20
ORDER: Motion for Preliminary Injunction #18 is DENIED. Signed by Judge Eric C. Tostrud on 12/15/2023. (RMM)
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| Filing 19 PROPOSED ORDER TO JUDGE re #18 MOTION for Preliminary Injunction - Expedited Handling Requested MOTION for Protective Order filed by Jay Rodney Richard Clayborne.(ACH) Document QC'd on 1/4/2024 (ACH). |
| Filing 18 MOTION for Preliminary Injunction - Expedited Handling Requested, MOTION for Protective Order filed by Jay Rodney Richard Clayborne. (ACH) Document QC'd on 1/4/2024 (ACH). |
| Filing 17 Summons Issued as to Darrel M. Berry, John Does, Crystal Hansen, Marc Magnusen, Matthew Noland, Edward Stone. (ACH) cc: Clayborne w/Info Sheet #2. Modified text on 12/6/2023 (ACH). |
| Filing 16 Summons Issued as to Ethan Bjorklund, Brian Collins, David W. Evans, Thomas Fishback, Thomas Herman, John Klar, Spencer Lekander, Mike Lott, Minnesota Department of Corrections, The, Kristina Rish. (ACH) cc: Clayborne w/Info Sheet #2. Modified text on 12/6/2023 (ACH). |
| Filing 15 AMENDED COMPLAINT against all defendants filed by Jay Rodney Richard Clayborne. Filer requests summons issued. (ACH) Modified text on 12/6/2023 (ACH). Document QC'd on 1/4/2024 (ACH). |
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Filing 14
(Text-Only) ORDER: Plaintiff Jay Rodney Richard Clayborne has filed a second Motion for Preliminary Injunction, which the Court construes as a motion for an ex parte temporary restraining order because process has not been served. ECF No. 12. Evidently, Mr. Clayborne filed this signed Motion to correct the lack of a signature on his first Motion. See ECF Nos. 5, 9, and 12. However, as explained in the Order denying Mr. Claybornes first Motion [ECF No. 9], leaving aside the absence of a signature, Mr. Clayborne has failed to show immediate and irreparable injury will result absent the requested ex parte temporary restraining order. Therefore, IT IS ORDERED THAT the Motion for Preliminary Injunction [ECF No. 12] is DENIED. Signed by Judge Eric C. Tostrud on 12/4/2023. (RMM)
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| Filing 13 AFFIDAVIT of Jay Rodney Richard Clayborne in SUPPORT OF #12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Jay Rodney Richard Clayborne. (Attachments: #1 Exhibit(s))(ACH) Document QC'd on 12/29/2023 (CLK). |
| Filing 12 MOTION for Preliminary Injunction - Expedited Handling Requested filed by Jay Rodney Richard Clayborne. (ACH) Document QC'd on 12/29/2023 (CLK). |
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Filing 9
ORDER: Plaintiff Jay Rodney Richard Clayborne's Emergency Motion for Preliminary Injunctive Relief (TRO) and Protective Order #5 is DENIED. See Order for specifics. Signed by Judge Eric C. Tostrud on 12/4/2023. (RMM)
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| Filing 8 Summons Issued as to Darrel M. Berry, John Does, Thomas Herman, Marc Magnusen, Matthew Noland, Edward Stone. (kt)cc: Clayborne at St. Paul Intake counter with Service Information sheet. (kt) |
| Filing 7 Summons Issued as to Ethan Bjorklund, Brian Collins, David W. Evans, Thomas Fishback, John Klar, Spencer Lekander, Mike Lott, Minnesota Department of Corrections, The, Kristina Rish. (kt)cc: Clayborne at St. Paul Intake counter with Service Information sheet. |
| Filing 11 DOCUMENT FILED IN ERROR. TO BE REFILED// AFFIDAVIT of Jay Rodney Richard Clayborne in SUPPORT OF #5 MOTION for Preliminary Injunction - Expedited Handling Requested MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Jay Rodney Richard Clayborne. (Attachments: #1 Exhibit(s))(ACH) Modified text on 12/4/2023 (ACH). |
| Filing 10 DOCUMENT FILED IN ERROR. TO BE REFILED//EXHIBIT Signed Copy of Motion re #5 MOTION for Preliminary Injunction - Expedited Handling Requested MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Jay Rodney Richard Clayborne.(ACH) Modified text on 12/4/2023 (ACH). |
| Filing 6 PROPOSED ORDER TO JUDGE re #5 MOTION for Preliminary Injunction - Expedited Handling Requested MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Jay Rodney Richard Clayborne.(MMG) Document QC'd on 12/29/2023 (CLK). |
| Filing 5 MOTION for Preliminary Injunction - Expedited Handling Requested, MOTION for Temporary Restraining Order - Expedited Handling Requested filed by Jay Rodney Richard Clayborne. (MMG) Document QC'd on 12/29/2023 (CLK). |
| Filing 4 RECEIPT number AMNDC-0000557 in the amount of $402.00 issued to Jay Rodney Richard Clayborne. (JGK) |
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Filing 3
ORDER denying #2 Application to Proceed in District Court without Prepaying Fees or Costs. Signed by Magistrate Judge Tony N. Leung on 11/28/2023. (EB)
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| Filing 2 Application to Proceed in District Court without Prepaying Fees or Costs filed by Jay Rodney Richard Clayborne. (Attachments: #1 Exhibit(s))(JGK) Document QC'd on 12/13/2023 (JME). |
| Filing 1 COMPLAINT against Darrel M. Berry, Ethan Bjorklund, Brian Collins, John Does, David W. Evans, Thomas Fishback, Thomas Herman, John Klar, Spencer Lekander, Mike Lott, Marc Magnusen, Minnesota Department of Corrections, The, Matthew Noland, Kristina Rish, Edward Stone filed by Jay Rodney Richard Clayborne. Case assigned to Judge Eric C. Tostrud per 3rd/4th Civil Rights list, referred to Magistrate Judge Tony N. Leung. (Attachments: #1 Civil Cover Sheet) (JGK) Document QC'd on 12/13/2023 (JME). |
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