Johnson v. Peterson et al
Plaintiff: Daryl Fitzgerald Johnson
Defendant: Troy Peterson, Harrison County, Billy Hewes, City of Gulfport, Aaron Fore, State of Mississippi, Lawrence Bourgeois, City of Gulfport Public Works, Leonard Papania and Warden Hector Portillo
Interested Party: Pro Se Department
Case Number: 1:2021cv00256
Filed: July 28, 2021
Court: US District Court for the Southern District of Mississippi
Presiding Judge: John C Gargiulo
Referring Judge: Louis Guirola
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2021 Filing 38 RESPONSE in Opposition re #32 MOTION to Amend/Correct #16 MOTION for Preliminary Injunction filed by City of Gulfport, Aaron Fore, Billy Hewes, Leonard Papania (Bruni - City Gov, Jeffrey)
September 15, 2021 Filing 37 Rebuttal re #8 MOTION to Dismiss filed by Harrison County (Holleman, Hollis)
September 10, 2021 Opinion or Order Filing 36 ORDER denying #30 Motion to Appoint Counsel. Signed by Magistrate Judge John C. Gargiulo on 9/10/21 (TS)
September 9, 2021 Filing 35 Rebuttal re #6 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12 And/Or Fed.R.Civ.P. 56 And for Other Relief filed by City of Gulfport, Aaron Fore, Billy Hewes, Leonard Papania (Bruni - City Gov, Jeffrey)
September 7, 2021 Filing 34 MEMORANDUM IN SUPPORT re #33 Response to Motion, #8 MOTION to Dismiss, filed by Daryl Fitzgerald Johnson (Attachments: #1 Envelope) (RLW)
September 7, 2021 Filing 33 RESPONSE to Motion re #8 MOTION to Dismiss, filed by Daryl Fitzgerald Johnson (Attachments: #1 Exhibit A - Notice of Removal, #2 Exhibit B - Circuit Clerk Letter, #3 Exhibit C - One page of the Verdict, #4 Exhibit D - Order, #5 Exhibit E - Final Judgment, #6 Exhibit F - Notice of Lawsuit and Claims, #7 Exhibit G - Affidavit and IRS docs, #8 Exhibit H - Accounting Dept Letter to Mr. Johnson and IRS doc, #9 Exhibit I - Photos and COG Letter, #10 Envelope) (RLW)
September 7, 2021 Filing 32 MOTION to Amend/Correct #16 MOTION for Preliminary Injunction by Daryl Fitzgerald Johnson (Attachments: #1 Proposed Amended Preliminary Injunction, #2 Envelope) (RLW)
September 7, 2021 Filing 31 Rebuttal (Reply) re #4 MOTION to Dismiss filed by Daryl Fitzgerald Johnson (Attachments: #1 Exhibit A - Order, #2 Exhibit B - Order, #3 Exhibit C - One page of the Verdict, #4 Exhibit D - Final Judgment, #5 Exhibit E - Page 2 of State Court Document, #6 Envelope) (RLW)
August 31, 2021 Filing 30 MOTION to Appoint Counsel by Daryl Fitzgerald Johnson (Attachments: #1 Exhibit A - Order, #2 Cover Letter, #3 Envelope) (RLW)
August 31, 2021 Filing 29 MOTION to Correct Exhibits for the Convenience of the Court by Daryl Fitzgerald Johnson (Attachments: #1 Exhibit B - Page of Verdict, #2 Exhibit C - Notice of Removal, #3 Exhibit D - Affidavit, #4 Exhibit E - Final Judgment, #5 Cover Letter, #6 Envelope) (RLW)
August 31, 2021 Filing 28 MOTION to Correct Title on Response to City of Gulfport, Aaron Fore, Leonard Papania, and Billy Hewes by Daryl Fitzgerald Johnson (Attachments: #1 Cover Letter) (RLW)
August 31, 2021 Filing 27 MEMORANDUM IN SUPPORT re #26 Response to Motion, #6 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12 And/Or Fed.R.Civ.P. 56 And for Other Relief, filed by Daryl Fitzgerald Johnson (Attachments: #1 Exhibit A - Page of Verdict, #2 Exhibit B - Final Judgment, #3 Exhibit C - City of Gulfport Letter to Mr. Liggins, #4 Exhibit D - Harrison Co. Circuit Clerk Letter, #5 Exhibit E - Various Documents, #6 Exhibit F - Order, #7 Exhibit G - Affidavit, #8 Exhibit H - Order, #9 Cover Letter, #10 Envelope) (RLW)
August 31, 2021 Filing 26 RESPONSE (Incorrectly titled a Motion) to Motion re #6 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12 And/Or Fed.R.Civ.P. 56 And for Other Relief, filed by Daryl Fitzgerald Johnson (Attachments: #1 Exhibit A - Page of Verdict, #2 Exhibit B - Final Judgment, #3 Exhibit C - City of Gulfport Letter to Mr. Liggins, #4 Exhibit D - Harrison Co. Circuit Clerk Letter, #5 Exhibit E - Various Documents, #6 Exhibit F - Order, #7 Exhibit G - Affidavit, #8 Exhibit H - Order, #9 Cover Letter, #10 Envelope) (RLW)
August 26, 2021 Filing 25 REPLY to Response to Motion re #23 Response to Motion, #4 MOTION to Dismiss filed by Lawrence Bourgeois, State of Mississippi (Woods-State Gov, Mary)
August 25, 2021 Opinion or Order TEXT ONLY ORDER granting #18 Motion for Extension of Time to File Response/Reply to #8 Motion to Dismiss; granting #19 Motion for Extension of Time to File Response/Reply to #4 Motion to Dismiss; granting #20 Motion for Extension of Time to File Response/Reply to #6 Motion to Dismiss. Plaintiffs deadline to file his responses is now 9/17/21. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 8/25/21 (TS)
August 19, 2021 Filing 24 MEMORANDUM IN SUPPORT re #23 Response to Motion, #4 MOTION to Dismiss, filed by Daryl Fitzgerald Johnson (Attachments: #1 Envelope) (RLW)
August 19, 2021 Filing 23 RESPONSE to Motion re #4 MOTION to Dismiss filed by Daryl Fitzgerald Johnson (***Incorrectly titled a Motion) (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - Order, #3 Page 493 of Verdict Transcript and Final Judgment, #4 Envelope) (RLW)
August 12, 2021 Filing 22 Filing of Discovery that was mailed to state court before case was removed to Federal Court (Attachments: #1 Discovery, #2 Envelope) (RLW)
August 12, 2021 Filing 21 MOTION to Set Case Management Conference by Daryl Fitzgerald Johnson (Attachments: #1 Exhibit - Notice of Electronic Filing, #2 Cover Letter, #3 Envelope) (RLW)
August 12, 2021 Filing 20 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12 And/Or Fed.R.Civ.P. 56 And for Other Relief by Daryl Fitzgerald Johnson (Attachments: #1 Cover Letter, #2 Envelope) (RLW)
August 12, 2021 Filing 19 MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Dismiss by Daryl Fitzgerald Johnson (Attachments: #1 Cover Letter, #2 Envelope) (RLW)
August 12, 2021 Filing 18 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss by Daryl Fitzgerald Johnson (Attachments: #1 Cover Letter, #2 Envelope) (RLW)
August 12, 2021 Filing 17 NOTICE of Hearing re #16 Motion for Preliminary Injunction (Attachments: #1 Envelope) (RLW)
August 12, 2021 Filing 16 MOTION for Preliminary Injunction by Daryl Fitzgerald Johnson (Attachments: #1 Affidavit of Daryl Fitzgerald Johnson, #2 Exhibit Various Documents, #3 Cover Letter, #4 Envelope) (RLW)
August 10, 2021 Opinion or Order Filing 15 ORDER staying discovery and disclosure requirements. Signed by Magistrate Judge John C. Gargiulo on 8/10/21 (TS)
August 5, 2021 Filing 14 MEMORANDUM in Support re #13 MOTION to Dismiss filed by Troy Peterson (Hopkins, Alben)
August 5, 2021 Filing 13 MOTION to Dismiss by Troy Peterson (Attachments: #1 Exhibit A - Plaintiff's Complaint dated June 8, 2021, #2 Exhibit B - Final Judgment dated March 11, 2016, #3 Exhibit C - Opinion of the Mississippi Court of Appeals upholding Plaintiff's Conviction on March 24, 2020)(Hopkins, Alben)
August 5, 2021 Filing 12 NOTICE of Appearance by Alben N. Hopkins, Jr on behalf of Troy Peterson (Hopkins, Alben)
August 5, 2021 Filing 11 NOTICE of Appearance by Patrick Taylor Guild on behalf of Harrison County (Guild, Patrick)
August 5, 2021 Filing 10 NOTICE of Appearance by Tim C. Holleman on behalf of Harrison County (Holleman, Tim)
August 4, 2021 Filing 9 MEMORANDUM in Support re #8 MOTION to Dismiss filed by Harrison County (Holleman, Hollis)
August 4, 2021 Filing 8 MOTION to Dismiss by Harrison County (Attachments: #1 Exhibit A - Complaint filed by Daryl Johnson, #2 Exhibit B - Final Judgment of Circuit Court, #3 Exhibit C - Court of Appeals Opinion)(Holleman, Hollis)
August 4, 2021 Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12 And/Or Fed.R.Civ.P. 56 And for Other Relief filed by City of Gulfport, Aaron Fore, Billy Hewes, Leonard Papania (Bruni - City Gov, Jeffrey)
August 4, 2021 Filing 6 MOTION to Dismiss Pursuant to Fed.R.Civ.P. 12 And/Or Fed.R.Civ.P. 56 And for Other Relief by City of Gulfport, Aaron Fore, Billy Hewes, Leonard Papania (Attachments: #1 Exhibit ("A" - Complaint), #2 Exhibit ("B" - judgment in state criminal court), #3 Exhibit ("C" - 2016 complaint), #4 Exhibit ("D" - Order and Final Judgment dismissing 2016 complaint), #5 Exhibit ("E" - 2018 state court complaint))(Bruni - City Gov, Jeffrey)
August 4, 2021 Filing 5 MEMORANDUM in Support re #4 MOTION to Dismiss filed by Lawrence Bourgeois, State of Mississippi (Woods-State Gov, Mary)
August 4, 2021 Filing 4 MOTION to Dismiss by Lawrence Bourgeois, State of Mississippi (Woods-State Gov, Mary)
July 29, 2021 Filing 3 NOTICE of Consent to Removal by Lawrence Bourgeois, State of Mississippi re #1 Notice of Removal,, (Woods-State Gov, Mary)
July 28, 2021 Filing 2 NOTICE of Assignment (RLW)
July 28, 2021 Filing 1 NOTICE OF REMOVAL by City of Gulfport from Circuit Court of Harrison Co., MS, 1st Jud. Dist., case number A2401-2021-00150, jury demand lower court. (Filing fee $402.00, receipt number 14643013491) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - State Court File, #2 Civil Cover Sheet) (RLW)

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Search for this case: Johnson v. Peterson et al
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Plaintiff: Daryl Fitzgerald Johnson
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Defendant: Troy Peterson
Represented By: Alben N. Hopkins, Jr.
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Defendant: Harrison County
Represented By: Hollis T. Holleman
Represented By: Patrick Taylor Guild
Represented By: Tim C. Holleman
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Defendant: Billy Hewes
Represented By: Jeffrey S. Bruni - City Gov
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Defendant: City of Gulfport
Represented By: Jeffrey S. Bruni - City Gov
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Defendant: Aaron Fore
Represented By: Jeffrey S. Bruni - City Gov
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Defendant: State of Mississippi
Represented By: Mary Jo Woods-State Gov
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Defendant: Lawrence Bourgeois
Represented By: Mary Jo Woods-State Gov
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Defendant: City of Gulfport Public Works
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Defendant: Leonard Papania
Represented By: Jeffrey S. Bruni - City Gov
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Defendant: Warden Hector Portillo
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Interested party: Pro Se Department
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