Kirkwood v. Errington et al
| Thurman Kirkwood |
| Joe Herrinton, Ceasar, Pelicia Hall, Joshua Csaszar and Joe Errington |
| Pro Se Department |
| 1:2019cv00742 |
| October 16, 2019 |
| US District Court for the Southern District of Mississippi |
| Southern Office |
| Louis Guirola |
| Robert P Myers |
| Robert H Walker |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 43 FINAL JUDGMENT: Plaintiff's Complaint is dismissed without prejudice as to all claims and all defendants. Signed by Magistrate Judge Robert P. Myers, Jr. on 3/12/21. (RLW) |
Filing 42
MEMORANDUM OPINION AND ORDER granting #39 Motion for Summary Judgment. Signed by Magistrate Judge Robert P. Myers, Jr. on 3/12/21. (RLW)
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Filing 41
ORDER REASSIGNING CASE. Case reassigned to Robert P. Myers, Jr for all further proceedings. Magistrate Judge Robert H. Walker no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 8/3/20 (PKS)
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| Parties are to include the case number and new judge assignment of 1:19cv742RPM on future filed pleadings. (PKS) |
| Filing 40 MEMORANDUM in Support re #39 MOTION for Summary Judgment filed by Joshua Csaszar, Joe Errington, Pelicia Hall (Williams-State Gov, J.) |
| Filing 39 MOTION for Summary Judgment by Joshua Csaszar, Joe Errington, Pelicia Hall (Attachments: #1 Exhibit "A" - Omnibus Hearing Transcript, #2 Exhibit "B" - ARP SMCI-19-0794)(Williams-State Gov, J.) |
| Filing 38 **DISREGARD**MEMORANDUM in Support re [] MOTION for Summary Judgment filed by Joshua Csaszar, Joe Errington, Pelicia Hall (Williams-State Gov, J.) Modified on 7/31/2020 (JCH). |
| Filing 37 **DISREGARD** MOTION for Summary Judgment by Joshua Csaszar, Joe Errington, Pelicia Hall (Attachments: #1 Exhibit "A" - Omnibus Hearing Transcript, #2 Exhibit "B" - ARP SMCI-19-0794)(Williams-State Gov, J.) Modified on 7/31/2020 (JCH). |
| DOCKET ANNOTATION as to # 37. Attorney is advised that the incorrect pdf is attached. Attorney should re-file the Motion with the correct pdf attached and then the Memorandum #38 will need to be re-filed and linked to the correct motion. Clerk's office will terminate the motion and both entries will be disregarded on the docket. (JCH) |
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TEXT ONLY ORDER granting #36 Motion to Extend Dispositive Motions Deadline. Dispositive motions due by 7/31/2020. No further written order will issue. Signed by Magistrate Judge Robert H. Walker on July 2, 2020 (King, Steve)
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| Filing 36 MOTION to Extend Dispositive Motions Deadline by Joshua Csaszar, Joe Errington, Pelicia Hall (Williams-State Gov, J.) |
| Filing 35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of OMNIBUS Proceedings held on 5/21/2020 before Judge Robert Walker. Court Reporter/Transcriber Teri Norton, Telephone Number : 228-563-1748. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/29/2020. Redacted Transcript Deadline set for 7/9/2020. Release of Transcript Restriction set for 9/8/2020. (TN) |
| Filing 34 NOTICE of Service of Inmate Documents to Plaintiff Disclosure by Joshua Csaszar, Joe Errington, Pelicia Hall (Williams-State Gov, J.) |
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Filing 33
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 5/22/20 (RLW)
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| Parties should use the newly assigned judge's initials on future filings 1:19cv742 RHW (RLW) |
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Filing 32
ORDER re: omnibus/screening hearing, correcting name of defendant and setting 7/1/2020 dispositive motions deadline. Signed by Magistrate Judge Robert H. Walker on May 21, 2020. (Joffe, Scherry)
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| Filing 31 CONSENT to Jurisdiction by US Magistrate Judge by Joshua Csaszar, Joe Errington, Pelicia Hall, Thurman Kirkwood. (SR) |
| Minute Entry for proceedings held before Magistrate Judge Robert H. Walker: Omnibus Hearing held on 5/21/2020. Plaintiff appeared pro se via video conference, was sworn, advised of the consent procedure and previously elected to sign the Consent to Proceed Before the Magistrate Judge. By agreement of the parties, the Court will enter an order directing the Clerk to correct the spelling of Defendant Joe Errington's last name on the docket. The Court cautioned plaintiff to keep his address current or his lawsuit will be dismissed. Defense counsel will provide plaintiff with a copy of plaintiff's ARPs, Institutional File, and Medical Records (approximately 1,000 pages) via U.S. Mail by Friday, June 8, 2020. The Court will enter a modified scheduling order. APPEARANCES: J. Chadwick Williams-State Gov (counsel for defendants). Court Reporter/Transcriber Teri Norton, Telephone Number : 228-563-1748. (SR) |
| Set/Reset Scheduling Order Deadlines/Hearings: Motions due by 7/1/2020. (Joffe, Scherry) |
| Filing 30 Mail Returned as Undeliverable as to NEF re Set/Reset Hearings, #27 Order. Mail sent to Thurman Kirkwood. (RLW) |
| Filing 29 ACKNOWLEDGMENT OF Receipt filed as to the Warden at WCFCI receipt of #28 Writ. (RLW) |
| Filing 28 Writ of Habeas Corpus ad Testificandum Issued as to Thruman Kirkwood for 5/21/20. (RLW) |
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Filing 27
ORDER RESETTING PER CHIEF UNITED STATES DISTRICT JUDGE DANIEL P. JORDAN, III'S SPECIAL ORDER ENTERED 3/13/2020 (3:40-mc-00011 Docket Number 52) VIDEO CONFERENCE OMNIBUS HEARING Signed by Magistrate Judge Robert H. Walker on 3/16/2020. (SR)
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| Reset Hearings: Video Conference Omnibus Hearing RESET PER CHIEF UNITED STATES DISTRICT JUDGE DANIEL P. JORDAN, III'S SPECIAL ORDER ENTERED 3/13/2020 (3:40-mc-00011 Docket Number 52) for 5/21/2020 09:30 AM in Courtroom 881 (Gulfport) Walker before Magistrate Judge Robert H. Walker. (SR) |
| Filing 26 Mail Returned as Undeliverable as to #25 Notice of Change of Address. Mail sent to Thruman Kirkwood (RLW) |
| Filing 25 NOTICE of Change of Address by Thurman Kirkwood: Wilkinson County Correctional Facility, 2999 Highway 61 North, P.O. Box 1079, Woodville, MS 39669 (Attachments: #1 Envelope) (RLW) |
| Filing 24 Response in Opposition re #20 ANSWER to #1 Complaint by Joshua Csaszar, Joe Errington, Pelicia Hall, filed by Thurman Kirkwood (Attachments: #1 Motion to Amend and ARP Documents, #2 Envelope) (RLW) |
| Filing 23 ACKNOWLEDGMENT OF Receipt filed as to the Warden's receipt of #22 Writ. (RLW) |
| Filing 22 Writ of Habeas Corpus ad Testificandum Issued as to Thruman Kirkwood for 3/31/20. (RLW) |
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Filing 21
ORDER SETTING OMNIBUS HEARING Signed by Magistrate Judge Robert H. Walker on 1/7/2020. (SR)
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| NOTICE of Hearing: Omnibus Hearing set for 3/31/2020 09:30 AM in Courtroom 881 (Gulfport) Walker before Magistrate Judge Robert H. Walker. (SR) |
| Filing 20 ANSWER to #1 Complaint by Joshua Csaszar, Joe Errington, Pelicia Hall.(Williams-State Gov, J.) |
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TEXT ONLY ORDER granting in part and denying in part #17 Motion to Amend/Correct ARP documents. The motion is granted only to the extent that the ARP response [17-1] shall be attached as an exhibit to Plaintiff's complaint. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on December 16, 2019. (Joffe, Scherry)
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| Filing 19 WAIVER OF SERVICE Returned Executed by Pelicia Hall, Ceasar, Joe Herrinton. Pelicia Hall waiver sent on 11/7/2019, answer due 1/6/2020; Ceasar waiver sent on 11/7/2019, answer due 1/6/2020; Joe Herrinton waiver sent on 11/7/2019, answer due 1/6/2020. (Williams-State Gov, J.) |
| Filing 18 NOTICE of Appearance by J. Chadwick Williams-State Gov on behalf of Ceasar, Pelicia Hall, Joe Herrinton (Williams-State Gov, J.) |
| Filing 17 MOTION to Amend/Correct ARP Documents by Thurman Kirkwood (Attachments: #1 ARP Documents, #2 Envelope) (RLW) |
| Filing 16 REQUEST FOR WAIVER of Service sent to Joe Herrinton, Unknown Ceasar and Pelicia Hall on 11/7/19. Waiver of Service due by 12/9/2019. (RLW) |
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Filing 15
ORDER: Clerk is directed to issue a Notice of Lawsuit and Request to Waive Service of a Summons for Defendants Joe Herrinton, Superintendent; Unknown Ceasar, Warden; and Pelicia Hall, Commissioner. See Order for details. Signed by Magistrate Judge Robert H. Walker on 11/7/19. (Attachments: #1 Notice of a Lawsuit and Request to Waive Service of a Summons Form, #2 Waiver of the Service of Summons Form) (RLW)
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| Filing 14 ATTACHMENT re #13 Response to Order. Pursuant to the attached email from JA, Plaintiff's Response was filed in the Northern District's shall case. An envelope was not included. Clerk mailed the NEF re #13 Response to plaintiff with a Post It Note advising him that all future original pleadings must be mailed to our office for filing. (RLW) |
| Filing 13 Response to Order re #12 ORDER, filed by Thurman Kirkwood (Attachments: #1 Request for Administrative Remedy, Letter to Warden and MDOC Letter to Kirkwood) (RLW) |
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Filing 12
ORDER: Ordered that Plaintiffs request for a jury trial is granted and that on or before 11/14/19, Plaintiff shall file a written response. See Order for more details. Signed by Magistrate Judge Robert H. Walker on 10/23/19. (RLW)
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| Filing 11 Case transferred in from District of Mississippi Northern; Case Number 4:19-cv-00139. Original file certified copy of transfer order and docket sheet received. |
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Filing 10
ORDER transferring case to USDC, Southern District of Mississippi. Signed by Magistrate Judge David A. Sanders on 10/16/19. (jla) [Transferred from Mississippi Northern on 10/16/2019.] (Main Document 10 replaced on 11/8/2019) (RLW).
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| Case Transferred to District of Southern Mississippi. Case transferred via ECF. CASE CLOSED. (jla) [Transferred from Mississippi Northern on 10/16/2019.] |
| Filing 9 ACKNOWLEDGMENT OF RECEIPT re #6 Order on Motion to Proceed in forma pauperis. (jla) [Transferred from Mississippi Northern on 10/16/2019.] |
| Filing 8 CONSENT to Jurisdiction by US Magistrate Judge by Thurman Kirkwood. Case reassigned to Magistrate Judge David A. Sanders. (jla) Modified on 10/3/2019 (jwr). [Transferred from Mississippi Northern on 10/16/2019.] |
| Filing 7 ACKNOWLEDGMENT OF RECEIPT re #5 Order Setting PSP Deadline and NOTICE OF INTENT to Continue Lawsuit (jla) [Transferred from Mississippi Northern on 10/16/2019.] |
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Filing 6
ORDER granting #3 Motion for Leave to Proceed in forma pauperis without assessing payment of initial filing fee. Signed by Magistrate Judge David A. Sanders on 10/1/19. (jla) [Transferred from Mississippi Northern on 10/16/2019.]
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Filing 5
ORDER Setting PSP Deadline: PSP Forms due by 10/18/2019.. Signed by Clerk on 9/18/19. (jla) [Transferred from Mississippi Northern on 10/16/2019.]
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| Filing 4 NOTICE OF ASSIGNMENT. Case assigned to Judge Brown and Magistrate Judge Sanders. (jla) [Transferred from Mississippi Northern on 10/16/2019.] |
| Filing 3 MOTION to Proceed in forma pauperis by Thurman Kirkwood. (jla) [Transferred from Mississippi Northern on 10/16/2019.] |
| Filing 2 MEMORANDUM IN SUPPORT re #1 Complaint filed by Thurman Kirkwood. (jla) [Transferred from Mississippi Northern on 10/16/2019.] |
| Filing 1 PRISONER COMPLAINT challenging conditions of confinement,, filed by Thurman Kirkwood. (jla) [Transferred from Mississippi Northern on 10/16/2019.] |
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