Wilson v. Brisolara
Plaintiff: Michael Floyd Wilson
Defendant: J. R. Stachura, Harrison County, Harrison County Adult Detention Center, Melvin Brisolara, J. R. Stachra and Joshua Bromen
Case Number: 1:2010cv00066
Filed: February 24, 2010
Court: US District Court for the Southern District of Mississippi
Office: Southern Office
County: Jackson
Presiding Judge: Robert H Walker
Nature of Suit: Prisoner Petitions - Prison
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 1, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2012 Opinion or Order Filing 88 FINAL JUDGMENT: plaintiff's claims against the defendants are dismissed with prejudice. Signed by Magistrate Judge Robert H. Walker on 10/1/2012 (wld)
October 1, 2012 Opinion or Order Filing 87 MEMORANDUM OPINION: motion for reconsideration is granted. Defendants' motion for summary judgment is granted and this case dismissed, with prejudice. Signed by Magistrate Judge Robert H. Walker on 10/1/2012 (wld)
August 1, 2012 Opinion or Order Filing 86 Letter from Michael F. Wilson re pretrial court hearing (wld)
June 4, 2012 Opinion or Order Filing 85 MEMORANDUM in Support re #84 MOTION for Reconsideration re #83 Order on Motion for Summary Judgment MOTION to Alter Judgment (Order [Doc. 83]) MOTION to Amend/Correct Order [Doc. 83] filed by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
June 4, 2012 Opinion or Order Filing 84 MOTION for Reconsideration re #83 Order on Motion for Summary Judgment, MOTION to Alter Judgment (Order [Doc. 83]), MOTION to Amend/Correct Order [Doc. 83] by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
May 7, 2012 Opinion or Order Filing 83 ORDER denying #77 Motion for Summary Judgment. Signed by Magistrate Judge Robert H. Walker on May 7, 2012. (Joffe, Scherry)
April 20, 2012 Opinion or Order Filing 82 Rebuttal re #77 MOTION for Summary Judgment (Motion to Dismiss Pursuant to Fed. R. Civ. P. 56 Or Other Grounds [Doc. 77]) filed by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
April 10, 2012 Opinion or Order Filing 81 ORDER denying #80 Motion to Strike #79 Plaintiff's Response to Motion for summary judgment; allowing Defendants to file a reply memorandum by 4/20/2012. Signed by Magistrate Judge Robert H. Walker on April 10, 2012. (Joffe, Scherry)
April 9, 2012 Opinion or Order Filing 80 MOTION to Strike #79 Response to Motion or for other relief by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
April 5, 2012 Opinion or Order Filing 79 RESPONSE to Motion re #77 MOTION for Summary Judgment filed by Michael Floyd Wilson. (JCH)
March 12, 2012 Opinion or Order Filing 78 MEMORANDUM in Support re #77 MOTION for Summary Judgment filed by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
March 12, 2012 Opinion or Order Filing 77 MOTION for Summary Judgment by Joshua Bromen, J. R. Stachura (Attachments: #1 Exhibit ("A" - Complaint), #2 Exhibit ("B" - "Amended Complaint"), #3 Exhibit ("C" - untitled document), #4 Exhibit ("D" - Requests), #5 Exhibit ("E" - Judgment), #6 Exhibit ("F" - Affidavit), #7 Exhibit ("G" - Affidavit), #8 Exhibit ("H" - deposition excerpts))(Bruni, Jeffrey)
February 28, 2012 Opinion or Order Filing 76 Subpoena Returned Executed as to Biloxi Regional Medical Center. (Attachments: #1 Exhibit ("A" - description of documents subpoenaed))(Bruni, Jeffrey)
February 16, 2012 Opinion or Order Filing 75 NOTICE to Take Deposition of William Carlington by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
February 10, 2012 Opinion or Order Filing 74 NOTICE to Take Deposition of Plaintiff, Michael Floyd Wilson by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
February 10, 2012 Opinion or Order Filing 73 Change of Address filed by Michael Floyd Wilson (wld)
February 2, 2012 Opinion or Order Filing 72 NOTICE to Take Deposition of William Carlington by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
February 2, 2012 Opinion or Order Filing 71 NOTICE to Take Deposition of Linda Johnson by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
February 2, 2012 Opinion or Order Filing 70 NOTICE to Take Deposition of Julie Faucha by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
January 13, 2012 Opinion or Order TEXT ONLY ORDER granting #69 Motion to Extend Deadlines. Discovery is extended to 2/27/2012; motions deadline is extended to 3/12/2012. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on January 13, 2012. (Joffe, Scherry)
January 13, 2012 Opinion or Order Set/Reset Scheduling Order Deadlines/Hearings: Discovery due by 2/27/2012; Motions due by 3/12/2012. (Joffe, Scherry)
January 12, 2012 Opinion or Order Filing 69 MOTION to Extend Discovery and Related Deadline Or for Other Relief by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
January 11, 2012 Opinion or Order Filing 68 Subpoena Returned Executed as to American Medical Response, Inc.. (Attachments: #1 Exhibit ("A" - Description of documents and items subpoenaed))(Bruni, Jeffrey)
January 11, 2012 Opinion or Order Filing 67 Subpoena Returned Executed as to Garden Park Hospital. (Attachments: #1 Exhibit ("A" - Description of documents and items subpoenaed))(Bruni, Jeffrey)
January 11, 2012 Opinion or Order Filing 66 Subpoena Returned Executed as to Cotton's Four Wheel Drive/Towing Service. (Attachments: #1 Exhibit ("A" - Description of documents and items subpoenaed))(Bruni, Jeffrey)
December 14, 2011 Opinion or Order Filing 65 NOTICE to Take Deposition of Sharon Mason by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
November 7, 2011 Opinion or Order Filing 64 NOTICE of Service of Response to Request for Admissions by Michael Floyd Wilson (wld)
November 7, 2011 Opinion or Order Filing 63 NOTICE of Service of Response to Request for Production by Michael Floyd Wilson (wld)
November 7, 2011 Opinion or Order Filing 62 NOTICE of Service of Response to Interrogatories by Michael Floyd Wilson (wld)
November 7, 2011 Opinion or Order Filing 61 Change of Address filed by Michael Floyd Wilson (wld)
October 21, 2011 Opinion or Order Filing 60 Letter from Clerk to petitioner, returning discovery responses, and provided blank notice of service form. (avm)
October 21, 2011 Opinion or Order Filing 59 Change of Address filed by Michael Floyd Wilson. (avm)
September 7, 2011 Opinion or Order Filing 58 NOTICE of Service of First Set of Request for Production by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
September 7, 2011 Opinion or Order Filing 57 NOTICE of Service of First Set of Request for Admissions by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
September 7, 2011 Opinion or Order Filing 56 NOTICE of Service of First Set of Interrogatories by Joshua Bromen, J. R. Stachura (Bruni, Jeffrey)
August 29, 2011 Opinion or Order Filing 55 ORDER denying #44 Motion to Dismiss. Signed by Magistrate Judge Robert H. Walker on August 29, 2011. (Joffe, Scherry)
August 29, 2011 Opinion or Order Filing 54 Subpoena Returned Executed as to Memorial Hospital at Gulfport. (Attachments: #1 Exhibit "A" - description of items subpoenaed)(Bruni, Jeffrey)
August 10, 2011 Opinion or Order Filing 53 ORDER Re: supplemental omnibus hearing; AMENDED SCHEDULING ORDER: Discovery due by 1/17/2012, Motions due by 1/31/2012. The Clerk is directed to correct the surname of Defendant Stachra to "Stachura." Signed by Magistrate Judge Robert H. Walker on August 10, 2011. (Joffe, Scherry)
August 10, 2011 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert H. Walker: Supplemental Omnibus Hearing held on 8/10/2011. Plaintiff appeared pro se and was sworn. Plaintiff signed a medical waiver and the waiver was given to Jeffrey Bruni, counsel for defendants. By agreement of all parties, an order will be entered by the Court correcting the spelling of Defendant J.R. Stachura's last name. Discovery due by 1/17/2012. Dispositive Motions due by 1/31/2012. Appearances: J Bruni, Attorney; S Joffe, Law Clerk; C Bodie CSO. (Court Reporter Kati Vogt) (SR)
August 8, 2011 Opinion or Order Filing 52 Separate ANSWER to #41 Amended Complaint and Assertion of Affirmative Defenses, Including, Without Limitation, Qualified Immunity, by Joshua Bromen, J. R. Stachra.(Bruni, Jeffrey)
July 25, 2011 Opinion or Order Filing 51 ORDER denying #31 Motion to Dismiss. Signed by Magistrate Judge Robert H. Walker on July 25, 2011. (Joffe, Scherry)
July 22, 2011 Opinion or Order Filing 50 ORDER REFERRING CASE upon consent to Magistrate Judge Signed by Chief District Judge Louis Guirola, Jr. on 7/21/2011 (wld)
July 22, 2011 Opinion or Order Filing 49 CONSENT to Jurisdiction by US Magistrate Judge by Joshua Bromen, J. R. Stachra. (wld)
July 14, 2011 Opinion or Order Filing 48 Writ of Habeas Corpus ad Testificandum Issued as to Michael Floyd Wilson for August 10, 2011, at 2:00 p.m. (wld)
July 14, 2011 Opinion or Order Filing 47 ORDER RESETTING OMNIBUS HEARING Signed by Magistrate Judge Robert H. Walker on 7/14/2011 (SR)
July 14, 2011 Opinion or Order Filing 46 ORDER SETTING OMNIBUS HEARING Signed by Magistrate Judge Robert H. Walker on 7/14/2011 (SR)
July 14, 2011 Opinion or Order Set Hearings: Omnibus Hearing set for 8/10/2011 09:00 AM in Courtroom 683 (Gulfport), 2012 15th Street, before Magistrate Judge Robert H. Walker (SR)
July 14, 2011 Opinion or Order Reset Hearings: Omnibus Hearing RESET for 8/10/2011 02:00 PM in Courtroom 683 (Gulfport) Walker before Magistrate Judge Robert H. Walker (SR)
July 14, 2011 Opinion or Order Remark: Order #46 and NEF of Set Hearings event docketed 7/14/2011 forwarded to pro se plaintiff via regular mail. (SR)
June 30, 2011 Opinion or Order Filing 45 Change of Address filed by Michael Floyd Wilson (wld)
June 2, 2011 Opinion or Order Filing 44 MOTION to Dismiss Untitled Handwritten Document [Doc. 41] Pursuant to Fed. R. Civ. P. 12 Or Other Grounds, et al. by Joshua Bromen, J. R. Stachra (Bruni, Jeffrey)
May 16, 2011 Opinion or Order Filing 43 ORDER denying #42 Motion to Appoint Counsel. Signed by Magistrate Judge Robert H. Walker on May 16, 2011. (Joffe, Scherry)
May 13, 2011 Opinion or Order Filing 42 MOTION to Appoint Counsel by Michael Floyd Wilson (wld)
May 13, 2011 Opinion or Order Filing 41 AMENDED COMPLAINT against Joshua Bromen, J. R. Stachra, filed by Michael Floyd Wilson.(wld)
May 2, 2011 Opinion or Order Filing 40 Change of Address filed by Michael Floyd Wilson (wld)
April 14, 2011 Opinion or Order Filing 39 ORDER holding in abeyance ruling re #31 MOTION to Dismiss "Amended Complaint" Pursuant to Fed. R. Civ. P. 12 Or Other Grounds filed by Joshua Bromen, J. R. Stachra, and allowing Plaintiff until 5/16/2011 to file an amended complaint setting forth specific allegations against Defendants. Signed by Magistrate Judge Robert H. Walker on April 14, 2011. (Joffe, Scherry)
February 15, 2011 Opinion or Order Filing 38 ORDER denying #36 Motion for proof of service of process; denying #37 Motion for Order to Show Cause. Signed by Magistrate Judge Robert H. Walker on February 15, 2011. (Joffe, Scherry)
February 14, 2011 Opinion or Order Filing 37 MOTION for Order to Show Cause by Michael Floyd Wilson (wld)
February 14, 2011 Opinion or Order Filing 36 MOTION for proof of service by Michael Floyd Wilson (wld)
February 14, 2011 Opinion or Order Filing 35 Change of Address filed by Michael Floyd Wilson (wld)
February 14, 2011 Opinion or Order Mailed a copy of document #30 and docket sheet to plaintiff at current address. (wld)
February 3, 2011 Opinion or Order Filing 34 Mail sent by U S Marshal to Michael Floyd Wilson containing process returns, returned as undeliverable. (avm)
December 17, 2010 Opinion or Order Filing 33 Change of Address filed by Michael Floyd Wilson : corrected docket entry to reflect full change of address pursuant to envelope, and not included in the address provided by letter. (avm)
December 17, 2010 Opinion or Order Filing 32 ** DISREGARD - SEE DOCKET ENTRY # 33 ** Change of Address filed by Michael Floyd Wilson. (avm) Modified on 12/17/2010 (avm).
December 13, 2010 Opinion or Order Filing 31 MOTION to Dismiss "Amended Complaint" Pursuant to Fed. R. Civ. P. 12 Or Other Grounds by Joshua Bromen, J. R. Stachra (Attachments: #1 Exhibit ("A" - "Complaint"), #2 Exhibit ("B" - "Amended Complaint"))(Bruni, Jeffrey)
December 10, 2010 Opinion or Order Filing 30 SUMMONS Returned Executed by Michael Floyd Wilson: Joshua Bromen served on 11/23/2010, answer due 12/14/2010; J. R. Stachra served on 11/23/2010, answer due 12/14/2010. (JCH)
November 1, 2010 Opinion or Order Filing 29 Summons Issued as to Joshua Bromen, J. R. Stachra. (wld)
October 29, 2010 Opinion or Order Filing 28 ORDER directing clerk to issue process to defendants J.R. Stachra and Joshua Bromen of the Gulfport Police Department, for service by the U.S. Marshal. Signed by Magistrate Judge Robert H. Walker on October 29, 2010. (Joffe, Scherry)
October 28, 2010 Opinion or Order Filing 27 AMENDED COMPLAINT against J. R. Stachra, Joshua Bromen, filed by Michael Floyd Wilson.(wld)
October 22, 2010 Opinion or Order Filing 26 ORDER re: Omnibus Hearing, dismissing claims against Melvin Brisolara, granting Plaintiff until 12/1/2010 to file amended complaint. Signed by Magistrate Judge Robert H. Walker on October 22, 2010. (Joffe, Scherry)
October 20, 2010 Opinion or Order Filing 25 ORDER REASSIGNING CASE UPON CONSENT. Case reassigned to Magistrate Judge Robert H. Walker for all further proceedings. District Judge Louis Guirola, Jr. no longer assigned to case Signed by District Judge Louis Guirola, Jr. on 10/20/2010 (wld)
October 20, 2010 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert H. Walker: Omnibus Hearing held on 10/20/2010. Plaintiff appeared pro se, was sworn, advised of the consent procedure and elected to sign the AO85 Consent form, as did defense counsel. Attorney Gewin provided a copy of the inmate jacket and a copy of the plaintiff's medical records to plaintiff and to the Court. Medical records revealed that plaintiff had used the alias of Nickie Simmons. The Court set the deadline of 12/1/10 for plaintiff to file an amended complaint, naming the Gulfport police officers who made his arrest. Plaintiff voluntarily dismissed Sheriff Brisolara, but the Court will maintain the case as open until the officers in question can be added. (Court Reporter F Jeske) (JR)
September 29, 2010 Opinion or Order Filing 24 Writ Issued as to Michael Floyd Wilson. (wld)
September 29, 2010 Opinion or Order Filing 23 ORDER SETTING OMNIBUS HEARING for 10/20/10 at 9:30 a.m. Signed by Magistrate Judge Robert H. Walker on September 29, 2010 (JR)
September 29, 2010 Opinion or Order Set Hearings: Omnibus Hearing set for 10/20/2010 09:30 AM before Magistrate Judge Robert H. Walker (JR)
July 30, 2010 Opinion or Order Filing 22 REPLY to Response re #16 Response to Order, filed by Melvin Brisolara (Faneca, Cyril) Modified text on 8/2/2010 (wld).
July 30, 2010 Opinion or Order Filing 21 ANSWER to #1 Complaint by Melvin Brisolara.(Faneca, Cyril)
July 21, 2010 Opinion or Order Filing 20 U.S. Marshal's Return Executed as to Sheriff Melvin Brisolara. (wld)
July 16, 2010 Opinion or Order Filing 19 Change of Address filed by Michael Floyd Wilson: Jackson County Adult Detention Center, 1719 Kenneth Ave., Pascagoula, MS 39567. (JCH)
July 8, 2010 Opinion or Order Filing 18 Summons Issued as to Melvin Brisolara. (wld)
July 8, 2010 Opinion or Order Filing 17 ORDER: Harrison County Adult Detention Center and Harrison County are dismissed as defendants in this action. Clerk to issue summons to Sheriff Melvin Brisolara. Signed by District Judge Louis Guirola, Jr. on 7/8/2010 (wld)
June 29, 2010 Opinion or Order Filing 16 Response to Order re #13 ORDER TO SHOW CAUSE Show Cause Response due by 6/22/2010 Signed by Magistrate Judge Robert H. Walker on 6/7/2010 (wld), #15 ORDER: clerk shall mail plaintiff a copy of the response #14 along with a copy of this order. Plaintiff to place his original signature at the bottom of the page of the response #14 and return it to this Court on or before July 6, 2010. Signed by Magistrate Judge Robert H. Walker on 6/22/10 (wld) filed by Michael Floyd Wilson (wld)
June 22, 2010 Opinion or Order Filing 15 ORDER: clerk shall mail plaintiff a copy of the response #14 along with a copy of this order. Plaintiff to place his original signature at the bottom of the page of the response #14 and return it to this Court on or before July 6, 2010. Signed by Magistrate Judge Robert H. Walker on 6/22/10 (wld)
June 21, 2010 Opinion or Order Filing 14 (unsigned)Response to Order re #13 ORDER TO SHOW CAUSE Show Cause Response due by 6/22/2010 Signed by Magistrate Judge Robert H. Walker on 6/7/2010 (wld) filed by Michael Floyd Wilson (wld)
June 7, 2010 Opinion or Order Filing 13 ORDER TO SHOW CAUSE Show Cause Response due by 6/22/2010 Signed by Magistrate Judge Robert H. Walker on 6/7/2010 (wld)
April 12, 2010 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time to File response. Plaintiff has until and including, May 17, 2010, to comply with the order #10 entered on April 1, 2010. Signed by Magistrate Judge Robert H. Walker on 4/12/2010 (wld)
April 12, 2010 Opinion or Order Filing 11 MOTION for Extension of Time to File response to order by Michael Floyd Wilson (wld)
April 1, 2010 Opinion or Order Filing 10 ORDER: Ordered that on or before 4/16/10, plaintiff shall file a written response. See Order for details. Signed by Magistrate Judge Robert H. Walker on 4/1/10. (RLW)
April 1, 2010 Opinion or Order Filing 9 ORDER granting #2 Motion for Leave to Proceed in forma pauperis; granting #7 Motion for Leave to Proceed in forma pauperis and setting payment schedule as set forth in order. Clerk is directed to mail copies of this order to the plaintiff; and MDOC Inmate Banking Department, P.O. Box 544, Jackson, MS 39205. Signed by Magistrate Judge Robert H. Walker on 4/1/10. (RLW)
March 26, 2010 Opinion or Order Filing 8 Change of Address filed by Michael Floyd Wilson (wld)
March 16, 2010 Opinion or Order Filing 7 AMENDED MOTION for Leave to Proceed In Forma Pauperis by Michael Floyd Wilson (wld)
March 16, 2010 Opinion or Order Filing 6 Acknowledgment of Receipt of Prisoner Litigation Reform Act and Amendments to MCA 47-5-138 Acknowledgement filed by Michael Floyd Wilson. (wld)
March 16, 2010 Opinion or Order Address updated for Michael Floyd Wilson from return address on envelope to document #7 filed 3/16/2010. (wld)
February 25, 2010 Opinion or Order Filing 5 ORDER The plaintiff shall file within 30 days of the date of this order a completed application for leave to proceed in forma pauperis, specifically the section entitled Certificate to Be Completed by Authorized Officer of prisoner accounts or file an affidavit specifically stating the name of the prison official contacted concerning the Certificate and why this information is not provided to this court Signed by Magistrate Judge John M. Roper on 2/25/2010 (wld)
February 25, 2010 Opinion or Order Filing 4 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. Prisoner Petition Pleadings due by 3/25/2010 Signed by Magistrate Judge John M. Roper on 2/25/2010 (wld)
February 25, 2010 Opinion or Order Filing 3 ORDER OF RECUSAL: Case reassigned to District Judge Louis Guirola, Jr. and Magistrate Judge Robert H. Walker for all further proceedings. Signed by District Judge Halil S. Ozerden on 2/25/2010 (future filings should reflect the newly assigned Judges' initials, 1:10cv66LG-RHW)(wld)
February 24, 2010 Opinion or Order Filing 2 MOTION for Leave to Proceed In Forma Pauperis by Michael Floyd Wilson (wld)
February 24, 2010 Opinion or Order Filing 1 COMPLAINT against Harrison County, Harrison County Adult Detention Center, Melvin Brisolara, filed by Michael Floyd Wilson.(wld)

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Defendant: J. R. Stachura
Represented By: Jeffrey S. Bruni - City Gov
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Defendant: Harrison County
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Defendant: Harrison County Adult Detention Center
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Defendant: Melvin Brisolara
Represented By: Cyril T. Faneca, Jr.
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Defendant: J. R. Stachra
Represented By: Jeffrey S. Bruni - City Gov
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Defendant: Joshua Bromen
Represented By: Jeffrey S. Bruni - City Gov
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Plaintiff: Michael Floyd Wilson
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