Boyd v. Sutton et al
| Dean C. Boyd |
| Lieutenant Silvia Sutton, Allison Unknown, Veroncia Unknown, Charles Thomas, Dr. "Unknown" Campbell, John C. Herzog and Misty Hughes |
| 4:2021cv00159 |
| December 1, 2021 |
| US District Court for the Northern District of Mississippi |
| Debra M Brown |
| Glen H Davidson |
| David A Sanders |
| Prison Condition |
| 42 U.S.C. § 1983 pr |
| None |
Docket Report
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This docket was last retrieved on April 25, 2023. A more recent docket listing may be available from PACER.
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Filing 72
Objection to #68 Answer to Complaint by Misty Hughes. Document submitted electronically. (cb)
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Filing 71
DECLINATION to Magistrate Judge; document submitted electronically; Case reassigned to Senior Judge Glen H. Davidson. District Judge Debra M. Brown no longer assigned to the case. (jla)
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Filing 70
Objection to #67 Answer to Complaint by John C. Herzog; document submitted electronically. (jla)
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Filing 69
MOTION to Amend/Correct #1 Complaint, by Dean C. Boyd; document submitted electronically. (jla)
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Filing 68
ANSWER to #1 Complaint, Amended/Supplement to Document by Misty Hughes. (Wilson, J.)
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Filing 67
ANSWER to #1 Complaint, AMENDED / SUPPLEMENT TO DOCUMENT by John C. Herzog. (Day, Randall)
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Filing 66
AMENDED / SUPPLEMENT TO DOCUMENT #1 Complaint. Document submitted electronically. (cb)
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Filing 65
NOTICE OF ASSIGNMENT. Case assigned to Judge Brown and Magistrate Judge Sanders. (cb)
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Filing 64
Case transferred in from District of Mississippi Southern; Case Number 3:20-cv-00705. Original file certified copy of transfer order and docket sheet received.
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Remark: Order Transferring Case [#63]emailed to IT Department to electronically transfer case to the United States District Court for the Northern District of Mississippi. Clerk will docket confirmation email when received from the Northern District of Mississippi. (MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 63
ORDER that case be transferred to the Northern District of Mississippi. Signed by District Judge Tom S. Lee on 11/30/21 (MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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District Transfer Out to the District of Northern District of Mississippi (MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 62
Response in Opposition re #56 REPLY to Response to Motion re #50 MOTION to Dismiss filed by John C. Herzog (Day, Randall) filed by Dean C. Boyd (Attachments: #1 Cover Letter, #2 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 61
RESPONSE TO ORDER TO SHOW CAUSE re #58 ORDER TO SHOW CAUSE re: Venue. Show Cause Response due by 11/10/2021. Signed by Magistrate Judge Robert P. Myers, Jr on October 20, 2021 (SK) by Misty Hughes filed by Misty Hughes (Wilson, J.) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 60
Response to Order re #58 ORDER TO SHOW CAUSE re: Venue. Show Cause Response due by 11/10/2021. Signed by Magistrate Judge Robert P. Myers, Jr on October 20, 2021 (SK) filed by Dean C. Boyd (Attachments: #1 Cover Letter, #2 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 59
RESPONSE TO ORDER TO SHOW CAUSE re #58 ORDER TO SHOW CAUSE re: Venue. Show Cause Response due by 11/10/2021. Signed by Magistrate Judge Robert P. Myers, Jr on October 20, 2021 (SK) by John C. Herzog filed by John C. Herzog (Day, Randall) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 58
ORDER TO SHOW CAUSE re: Venue. Show Cause Response due by 11/10/2021. Signed by Magistrate Judge Robert P. Myers, Jr on October 20, 2021 (SK) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 57
ORDER finding as moot #41 Motion to Amend/Correct Complaint; finding as moot #43 Motion to Amend/Correct Complaint; denying #49 Motion for Subpoena; denying #21 Motion for Subpoena. Signed by Magistrate Judge Robert P. Myers, Jr on October 20, 2021 (SK) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 56
REPLY to Response to Motion re #50 MOTION to Dismiss filed by John C. Herzog (Day, Randall) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 55
First Defenses and ANSWER to #1 Complaint, by Misty Hughes.(Wilson, J.) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 54
Response in Opposition re #51 MEMORANDUM in Support re #50 MOTION to Dismiss filed by John C. Herzog (Day, Randall) filed by Dean C. Boyd (Attachments: #1 Cover Letter, #2 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 53
RESPONSE in Opposition re #50 MOTION to Dismiss filed by Dean C. Boyd (Attachments: #1 Cover Letter, #2 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 52
SUMMONS Returned Executed as to Misty Hughes; served on 9/23/2021, answer due 10/14/2021. (ND) [Transferred from Mississippi Southern on 12/1/2021.]
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TEXT ONLY ORDER granting #38 Motion to Substitute Attorney. Attorney Elgin Kenneth Walley-State Gov, II terminated. No further written order will issue. Signed by Magistrate Judge Robert P. Myers, Jr on October 1, 2021 (SK) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 51
MEMORANDUM in Support re #50 MOTION to Dismiss filed by John C. Herzog (Day, Randall) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 50
MOTION to Dismiss by John C. Herzog (Day, Randall) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 49
MOTION For Subpoena's by Dean C. Boyd (Attachments: #1 Cover Letter, #2 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 48
Response in Opposition re #32 ANSWER to #1 Complaint by Charles Thomas (Walley-State Gov, Elgin), #36 ANSWER to #1 Complaint, by John C. Herzog.(Day, Randall) filed by Dean C. Boyd. (Attachments: #1 Cover Letter, #2 Envelope)(KNS) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 47
Summons Issued as to Misty Hughes. (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 46
ORDER DIRECTING SERVICE BY U.S. MARSHAL. The Clerk is directed to issue summons to Defendant Misty Hughes. Defendant Misty Hughes shall file her answer or other responsive pleading in this cause. Signed by Magistrate Judge Robert P. Myers, Jr on 8/23/2021. (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 45
ORDER, the Clerk of Court shall amend the docket to reflect that Defendant Case Manager Allison's name is actually Misty Hughes. Misty Hughes added. Allison Unknown terminated. Signed by Magistrate Judge Robert P. Myers, Jr on 8/23/2021. (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 44
Response in Opposition re #36 ANSWER to #1 Complaint, by John C. Herzog.(Day, Randall) filed by Dean C. Boyd. (Attachments: #1 Exhibit A, #2 Envelope)(CO) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 43
MOTION to Amend #1 Complaint, by Dean C. Boyd. (Attachments: #1 Exhibit A, #2 Envelope)(CO) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 42
Response in Opposition re #39 Response in Opposition re #32 ANSWER to #1 Complaint, by Charles Thomas.(Walley-State Gov, Elgin), #36 ANSWER to #1 Complaint, by John C. Herzog.(Day, Randall) filed by Dean C. Boyd (Attachments: # 1 Cover Letter, # 2 Envelope)(MGB) filed by John C. Herzog (Day, Randall) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 41
MOTION to Amend #1 Complaint, by Dean C. Boyd (Attachments: #1 Cover Letter, #2 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 40
Response to Order re #35 ORDER, Plaintiff Dean C. Boyd shall file a response consistent with this Order no later than August 16, 2021. Signed by Magistrate Judge Robert P. Myers, Jr on 7/16/2021. (LDR) filed by Dean C. Boyd (Attachments: #1 Cover Letter, #2 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 39
Response in Opposition re #32 ANSWER to #1 Complaint, by Charles Thomas.(Walley-State Gov, Elgin), #36 ANSWER to #1 Complaint, by John C. Herzog.(Day, Randall) filed by Dean C. Boyd (Attachments: #1 Cover Letter, #2 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 38
MOTION to Substitute Attorney by Charles Thomas (Eakins-State Gov, Brittney) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 37
U.S. Marshal's Return Unexecuted as to Lieutenant Silvia Sutton. (MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 36
ANSWER to #1 Complaint, by John C. Herzog.(Day, Randall) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 35
ORDER, Plaintiff Dean C. Boyd shall file a response consistent with this Order no later than August 16, 2021. Signed by Magistrate Judge Robert P. Myers, Jr on 7/16/2021. (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 34
SUMMONS Returned Executed by USM John C. Herzog served on 6/28/2021, answer due 7/19/2021. (KNS) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 33
Summons Returned Unexecuted by USM as to Allison Unknown, Veroncia Unknown. (KNS) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 32
ANSWER to #1 Complaint, by Charles Thomas.(Walley-State Gov, Elgin) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 31
Response to Order re #28 ORDER, pro se Plaintiff Dean C. Boyd shall file a response consistent with this Order no later than July 14, 2021. Signed by Magistrate Judge Robert P. Myers, Jr on 6/14/2021. (LDR) filed by Dean C. Boyd (Attachments: #1 Cover Letter, #2 Envelope)(MGB) (Main Document 31 replaced on 6/24/2021) (PKM). [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 30
Summons Issued as to Silvia Sutton. (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 29
ORDER, the District Clerk is directed to issue summons to Defendant Lieutenant Silvia Sutton. Defendant Silvia Sutton shall file her answer or other responsive pleading in this cause. Signed by Magistrate Judge Robert P. Myers, Jr on 6/14/2021. (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 28
ORDER, pro se Plaintiff Dean C. Boyd shall file a response consistent with this Order no later than July 14, 2021. Signed by Magistrate Judge Robert P. Myers, Jr on 6/14/2021. (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 27
Summons Returned Unexecuted as to Silvia Sutton. (LAT) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 26
Summons Returned Unexecuted as to Captain Unknown Campbell. (LAT) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 25
WAIVER OF SERVICE Returned Executed by Charles Thomas. Charles Thomas waiver sent on 4/27/2021, answer due 6/28/2021. (Walley-State Gov, Elgin) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 24
NOTICE of Appearance by Elgin Kenneth Walley-State Gov, Jr on behalf of Charles Thomas (Walley-State Gov, Elgin) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 23
Summons Issued as to Unknown Campbell, John C. Herzog, Silvia Sutton, Charles Thomas, Allison Unknown, Veroncia Unknown. (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 22
ORDER, the U.S. District Clerk is directed to issue summons to Defendants named in this Order. Defendants shall file answers or other responsive pleadings in this cause. Signed by Magistrate Judge Robert P. Myers, Jr on 6/2/2021. (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 21
MOTION For Subpoena by Dean C. Boyd (Attachments: #1 Cover Letter, #2 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Partial Payment of Filing fee made by: Plaintiff Dean C. Boyd $67.78, receipt number 34643063408, copy of docket entry mailed to plaintiff. (MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 20
REQUEST FOR WAIVER of Service sent to John C. Herzog on 4/27/2021. Waiver of Service due by 5/27/2021 (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 19
REQUEST FOR WAIVER of Service sent to Captain Campbell on 4/27/2021. Waiver of Service due by 5/27/2021 (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 18
REQUEST FOR WAIVER of Service sent to Charles Thomas on 4/27/2021. Waiver of Service due by 5/27/2021 (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 17
REQUEST FOR WAIVER of Service sent to Certified Nurse Assistant Veronica on 4/27/2021. Waiver of Service due by 5/27/2021 (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 16
REQUEST FOR WAIVER of Service sent to Case Manager Allison on 4/27/2021. Waiver of Service due by 5/27/2021 (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 15
REQUEST FOR WAIVER of Service sent to Silvia Sutton on 4/27/2021. Waiver of Service due by 5/27/2021 (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 14
ORDER, the Clerk of Court is directed to issue Notices of Lawsuit and Requests to Waive Service of a Summons for Defendants. Defendants are directed to file a signed Waiver form or a Response, within 30 days. Signed by Magistrate Judge Robert P. Myers, Jr on 4/27/2021. (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of A Summons - Silvia Sutton, #2 Notice of a Lawsuit and Request to Waive Service of a Summons - Case Manager Allison, #3 Notice of a Lawsuit and Request to Waive Service of a Summons - Certified Nurse Assistant Veronica, #4 Notice of a Lawsuit and Request to Waive Service of a Summons - Charles Thomas, #5 Notice of a Lawsuit and Request to Waive Service of a Summons - Captain Campbell, #6 Notice of a Lawsuit and Request to Waive Service of a Summons - John C. Herzog, #7 Waiver of the Service of Summons)(LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 13
Response to Order re #8 ORDER granting #5 Motion to Amend; Clerk shall add John C. Herzog as a defendant. Plaintiff shall file a response consistent with this Order no later than February 8, 2021. Signed by Magistrate Judge Robert P. Myers, Jr on 2/25/2021. [Copy mailed to plaintiff] (LDR) filed by Dean C. Boyd (Attachments: #1 Cover Letter, #2 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 12
RESPONSE TO ORDER TO SHOW CAUSE re #9 ORDER TO SHOW CAUSE, on or before March 8, 2021, pro se Plaintiff Dean C. Boyd shall file a written response showing cause why this case should not be dismissed for failure to obey an Order #8 of the Court. Show Cause Response due by 3/8/2021. Signed by Magistrate Judge Robert P. Myers, Jr on 2/22/2021. (LDR) by Dean C. Boyd filed by Dean C. Boyd (Attachments: #1 Exhibit A - Copy of Response to Order Granting Motion to Amend and Requiring Plaintiff to Respond, #2 Exhibit B - Authorization for Release of Institutional Account Information, #3 Cover Letter, #4 Envelope)(PKM) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 11
Response to Order re #9 ORDER TO SHOW CAUSE, on or before March 8, 2021, pro se Plaintiff Dean C. Boyd shall file a written response showing cause why this case should not be dismissed for failure to obey an Order #8 of the Court. Show Cause Response due by 3/8/2021. Signed by Magistrate Judge Robert P. Myers, Jr on 2/22/2021. (LDR) filed by Dean C. Boyd (Attachments: #1 Exhibit A - Defendants Address, #2 Cover Letter, #3 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 10
Response to Order re #8 ORDER granting #5 Motion to Amend; Clerk shall add John C. Herzog as a defendant. Plaintiff shall file a response consistent with this Order no later than February 8, 2021. Signed by Magistrate Judge Robert P. Myers, Jr on 2/25/2021. [Copy mailed to plaintiff] (LDR) filed by Dean C. Boyd (Attachments: #1 Envelope)(PKM) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 9
ORDER TO SHOW CAUSE, on or before March 8, 2021, pro se Plaintiff Dean C. Boyd shall file a written response showing cause why this case should not be dismissed for failure to obey an Order #8 of the Court. Show Cause Response due by 3/8/2021. Signed by Magistrate Judge Robert P. Myers, Jr on 2/22/2021. (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 8
ORDER granting #5 Motion to Amend; Clerk shall add John C. Herzog as a defendant. Plaintiff shall file a response consistent with this Order no later than February 8, 2021. Signed by Magistrate Judge Robert P. Myers, Jr on 2/25/2021. [Copy mailed to plaintiff] (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 7
ORDER *RESTRICTED* granting #2 Motion for Leave to Proceed in forma pauperis and setting payment schedule as set forth in order. Signed by Magistrate Judge Robert P. Myers, Jr on 1/22/2021. [Copy mailed to plaintiff and Premier Supply Link for MDOC] (LDR) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 6
Change of Address to MSP Unit 31, Bed C-10, P. O. Box 1057, Parchman, MS 38738 filed by Dean C. Boyd (Attachments: #1 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 5
MOTION to Amend #1 Complaint, by Dean C. Boyd (Attachments: #1 Exhibit A- Notice, #2 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 4
Acknowledgment of Receipt of Prisoner Litigation Reform Act and Amendments to MCA 47-5-138 Acknowledgement filed by Dean C. Boyd. (Attachments: #1 Envelope)(MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 3
ORDER: The Clerk is directed to mail to prisoner plaintiff a copy of notice of new law (PSP-1); Acknowledgment of Receipt and Certification (PSP-3); and form for voluntary dismissal (PSP-4). Plaintiff is directed to sign either the Acknowledgment (PSP-3) or Notice of Voluntary Dismissal (PSP-4) and return to Clerk within 30 days of the date of this order or case may be dismissed without prejudice. Order with packet of forms mailed to Plaintiff. Prisoner Petition Pleadings due by 12/3/2020. Signed by Magistrate Judge Robert P. Myers, Jr. on 11/03/2020. (CS) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 2
*RESTRICTED* MOTION for Leave to Proceed In Forma Pauperis by Dean C. Boyd (MGB) [Transferred from Mississippi Southern on 12/1/2021.]
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Filing 1
COMPLAINT against Unknown Campbell, Silvia Sutton, Charles Thomas, Allison Unknown, Veroncia Unknown, filed by Dean C. Boyd. (Attachments: #1 Exhibit A - Defendant 5, #2 Exhibit B - Factual Allegations, #3 Exhibit C - Administrative Remedy, #4 Cover Letter, #5 Envelope, #6 Notice of Assignment)(MGB) NEF's and Notice of Assignment mailed to Plaintiff. [Transferred from Mississippi Southern on 12/1/2021.]
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