Smith v. Johnson et al
| James Estus Smith |
| Welford, Charles Tossy, Matthew Hayes, Nino Enlers, Dr. Woodall, Jane Doe, Nakia Anderson, John Does, Chiquita Brown, John Welford, Johnson, Renon Williams, James, Debra Platt, Rita Bonner, Williams, Joy Ross, Ron King, Hubert Davis and Wayne |
| 2:2011cv00221 |
| October 31, 2011 |
| US District Court for the Southern District of Mississippi |
| Hattiesburg Office |
| Greene |
| Michael T Parker |
| Keith Starrett |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on September 27, 2013. A more recent docket listing may be available from PACER.
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Filing 94
ORDER denying #93 Motion for Writ of Execution. Signed by District Judge Keith Starrett on 9/27/2013 (scp)
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| Filing 93 MOTION Writ of Execution by James Estus Smith. (LDR) |
| Filing 91 Letter from James Estus Smith requesting a writ of execution. (DM) |
| Remark: Mailed copies of Order #90 to the Plaintiff at the address listed on the docket and to Defendant Matthew Hayes at the address listed on the Sealed Order #16 . (DM) |
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Filing 90
OPINION AND ORDER denying #86 Motion for Discovery; #87 Motion to Freeze Defendant's Assets; #88 Motion for Court Costs to be Removed from Account; #89 Motion to Clarify Relief. Signed by District Judge Keith Starrett on July 1, 2013. (DM)
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| Filing 89 MOTION to Clarify Relief against Matthew Hayes in the amount of $3,500.00 for actual damages and $1,500.00 for punitive or exemplary damages, plus all costs by James Estus Smith. (DM) |
| Filing 88 Request for Court Cost to Be Removed from Account by James Estus Smith. (DM) |
| Filing 87 MOTION to Freeze Defendant's Assets by James Estus Smith. (DM) |
| Filing 86 MOTION for Discovery by James Estus Smith. (DM) |
| Filing 85 JUDGMENT BY DEFAULT in favor of James Estus Smith against Matthew Hayes in the amount of $3,500.00 for actual damages received and $1,500.00 for punitive or exemplary damages, plus all costs of this action. Signed by District Judge Keith Starrett on June 11, 2013. (DM) |
| Minute Entry for proceedings held before District Judge Keith Starrett: Motion Hearing held on 6/11/2013 re #75 MOTION for Default Judgment as to Defendant Matthew Hayes filed by James Estus Smith. After hearing argument from pro se plaintiff James Estus Smith and pro se defendant Matthew Hayes, the Court determined that a default judgment should be entered by plaintiff against defendant Matthew Hayes in the total amount of $5,000.00. A written order from the Court shall follow. PARTICIPANTS: James Estus Smith, pro se plaintiff; Matthew Hayes, pro se defendant. (Court Reporter Fred Jeske 601-583-4383) (dsl) |
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Filing 84
ORDER granting in part and denying in part Plaintiff's #83 Motion to Continue Hearing on Plaintiff's Motion for Default Judgment. The hearing will NOT be continued. The Clerk of Court is directed to mail the Plaintiff a copy of this Order and a copy of the Complaint #1 . Additionally, counsel for Defendants other than Matthew Hayes is directed to consult with officials at the South Mississippi Correctional Institution to determine if Plaintiff's legal papers are still available and, if so, to arrange for the papers to be provided to the Plaintiff prior to the June 11, 2013, hearing. Signed by District Judge Keith Starrett on June 4, 2013 (dsl)
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| Remark: A copy of this Order was mailed to Pro Se Plaintiff via regular mail on this date. (dsl) |
| Remark: As per document #84 mailed the Plaintiff a copy of this Order and the Complaint #1 at his address listed on the docket. (DM) |
| Filing 83 MOTION to Continue by James Estus Smith (Attachments: #1 Exhibit correspondence to Superintendent Ron King, #2 Exhibit correspondence to Lt. Ross, #3 Exhibit correspondence to Capt. Breeland, #4 Exhibit correspondence to Capt. Brown, #5 Exhibit correspondence to Capt. Simms)(DM) |
| Filing 82 Remark: Domestic Return Receipt bearing number 7006 0100 0004 1001 3722 addressed to Matthew Hayes, shown date of delivery 05.24.13. (DM) Modified on 5/28/2013 (DM). |
| Filing 81 Transmittal letter returned and stamped received 5/23/2013 (ALJ) |
| Filing 80 Writ of Habeas Corpus ad Testificandum Issued as to James Estus Smith for June 11, 2013. (DM) |
| Set Hearing: Hearing on Plaintiff's Motion for Default set for 6/11/2013 at 2:00 PM in Courtroom 1, Colmer Federal Building, Hattiesburg, before District Judge Keith Starrett. (dsl) |
| Remark: Order #78 forwarded to Matthew Hayes at address as contained in document #18 via U.S. Mail on 05.20.2013 and via certified mail, return receipt requested (Receipt No. 7006 0100 0004 1001 3722) on 5.21.2013. (DM) |
| Filing 79 Clerk's ENTRY OF DEFAULT as to Matthew Hayes. (DM) |
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Filing 78
ORDER DIRECTING CLERK'S ENTRY OF DEFAULT AND SETTING HEARING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT: The Clerk of Court shall enter Defendant Matthew Hayes'default and set a hearing on Plaintiff's Motion for Default Judgment #72 to be held before this Court on June 11th, 2013, at 2:00 p.m., in Courtroom 1 at the United States Courthouse, 701 N. Main Street, Hattiesburg, Mississippi, 39401. A separate writ of habeas corpus ad testificandum will issue to secure the Plaintiffs attendance. Signed by District Judge Keith Starrett on May 20, 2012. (DM)
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| Filing 77 Mail Returned as Undeliverable, Return to Sender, Refused, Unable to Forward, Inmate no longer housed here. Mail sent to James Estus Smith containing NEF of #72 Motion for Default. (DM) |
| Filing 76 Response to #71 ORDER TO SHOW CAUSE filed by James Estus Smith. (DM) |
| Filing 75 (copy) SECOND MOTION for Default Judgment as to by James Estus Smith. (DM) |
| Remark: Order #74 forwarded to pro se plaintiff via regular mail. (KPM) |
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Filing 74
ORDER granting #73 Motion to Withdraw as Attorney. Signed by Magistrate Judge Michael T. Parker on May 9, 2013. (KM)
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| Filing 73 MOTION to Withdraw as Attorney (TOMMY D. GOODWIN) by Matthew Hayes (Goodwin, Tommy) |
| Filing 72 MOTION for Default Judgment as to by James Estus Smith. (DM) |
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Filing 71
ORDER TO SHOW CAUSE. Plaintiff's Show Cause Response due by 5/9/2013. Signed by Magistrate Judge Michael T. Parker on April 26, 2013. (KM)
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| Remark: Order #71 forwarded to pro se plaintiff via regular mail. (KPM) |
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Filing 69
ORDER TO SHOW CAUSE. Defendant Matthew Hayes' Show Cause Response due by 4/5/2013. Signed by Magistrate Judge Michael T. Parker on March 22, 2013. (KM)
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| Remark: Order #69 forwarded to Matthew Hayes at address as contained in document #18 via certified mail, return receipt requested (Receipt No. 7006 3450 0001 0147 2367) (KPM) |
| Remark: Order #69 forwarded to pro se plaintiff via regular mail. (KPM) |
| Filing 68 JUDGMENT AS TO DEFENDANTS Chiquita Brown, Ron King, Debra Platt, Joy Ross, Charles Tossy, John Welford, Renon Williams, Nakia Anderson and Rita Bonner only. Said defendants are dismissed with prejudice. Signed by District Judge Keith Starrett on March 21, 2013 (dsl) |
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Filing 67
ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge Michael T. Parker dismissing Defendants Nakia Anderson, Rita Bonner, Chiquita Brown, Ron King, Debra Platt, Joy Ross, Charles Tossy, John Welford, and Renon Williams. A separate Judgment shall be entered as to these defendants only. Signed by District Judge Keith Starrett on March 21, 2013 (dsl)
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| Partial Payment of Filing fee made by: Plaintiff James Estus Smith $36.00, receipt number 34643020832, copy of docket entry mailed to plaintiff. (DM) |
| Filing 66 REPORT AND RECOMMENDATIONS re: #57 MOTION for Summary Judgment filed by John Welford, Rita Bonner, Charles Tossy, Ron King, Chiquita Brown, Debra Platt, Nakia Anderson, Joy Ross, Renon Williams. Objections to R&R due by 2/27/2013. Signed by Magistrate Judge Michael T. Parker on February 13, 2013. (KM) |
| Remark: Report and Recommendations #66 forwarded to pro se plaintiff via regular mail. (KPM) |
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TEXT ONLY ORDER withdrawing Order #39 Reassigning Case Upon Consent. Upon notice that all parties have not signed the Consent #37 form, the Order #39 Reassigning Case Upon Consent is hereby withdrawn. This court hereby refers this cause to United States Magistrate Judge Michael T. Parker for all further proceedings provided for by 28 U.S.C. 636 and Rule 72 of the Federal Rules of Civil Procedure to include conducting hearings and submitting to the district judge assigned to this cause proposed findings of fact and recommendations for the disposition of this cause. Signed by District Judge Keith Starrett on 2/8/13 NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT.(scp)
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| Remark: A copy of the Court's Text Order filed 2/8/13 was mailed to pro se plaintiff via U.S. Mail (scp) |
| District Judge Keith Starrett and Magistrate Judge Michael T. Parker added. Magistrate Judge Michael T. Parker no longer assigned as presiding judge to case. (DM) |
| DOCKET ANNOTATION as to Doc. #65 , Motion to Withdraw: Document has been filed in the wrong case. It should be disregarded.(mbs) |
| Filing 65 **ERROR**DISREGARD THIS ENTRY** MOTION to Withdraw as Attorney (CHARLES B. IRVIN) by Nakia Anderson, Rita Bonner, Chiquita Brown, Matthew Hayes, Ron King, Debra Platt, Joy Ross, Charles Tossy, John Welford (Goodwin, Tommy) Modified on 12/4/2012 (mbs). |
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Filing 64
ORDER granting in part and denying in part #62 Motion for Miscellaneous Relief. Plaintiff is granted an extension of time through November 1, 2012, to respond to Defendants' Motion for Summary Judgment #57 . Signed by Magistrate Judge Michael T. Parker on October 18, 2012. (KM)
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| Remark: Order #64 forwarded to pro se plaintiff via regular mail. (KPM) |
| Filing 63 NOTICE of Service of Supplemental Request for Production by Nakia Anderson, Rita Bonner, Chiquita Brown, Ron King, Debra Platt, Joy Ross, Charles Tossy, John Welford, Renon Williams (Gates, Keith) |
| Filing 62 MOTION to correct the heading of the case by James Estus Smith (Attachments: #1 Exhibit A-copy of envelope addressed to plaintiff, #2 Exhibit B-copy of NEF for Doc. #59 Order directing plainitff to respond to Summary Judgment Motion, #3 Exhibit C-copy of Order #59 , #4 Exhibit D-copy of Notice of Assignment)(mbs) |
| Filing 61 Plaintiff's Response to Order re #59 ORDER directing him to respond to #57 MOTION for Summary Judgment filed by Defendants by October 16, 2012. (Attachments: #1 Exhibit A-copy of envelope addressed to plaintiff, #2 Exhibit B-copy of NEF for Doc. #59 Order directing plaintiff to respond to Summary Judgment Motion, #3 Exhibit C-copy of Order #59 , #4 Exhibit D-copy of Notice of Assignment)(mbs) |
| Remark: Order #59 forwarded to pro se plaintiff via regular mail to new address as noted in document #60. (KPM) |
| Filing 60 Change of Address filed by James Estus Smith. New address: WCCF, P. O. Box 1079, Woodville, MS 39669. (mbs) |
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Filing 59
ORDER directing Plaintiff to respond to #57 MOTION for Summary Judgment filed by Defendants by October 16, 2012. Signed by Magistrate Judge Michael T. Parker on October 2, 2012. (KM)
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| Remark: Order #59 forwarded to pro se plaintiff via regular mail. (KPM) |
| Filing 58 MEMORANDUM IN SUPPORT re #57 MOTION for Summary Judgment filed by Nakia Anderson, Rita Bonner, Chiquita Brown, Ron King, Debra Platt, Joy Ross, Charles Tossy, John Welford, Renon Williams (Gates, Keith) |
| Filing 57 MOTION for Summary Judgment by Nakia Anderson, Rita Bonner, Chiquita Brown, Ron King, Debra Platt, Joy Ross, Charles Tossy, John Welford, Renon Williams (Gates, Keith) |
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Filing 56
ORDER denying #49 Motion for Failure to Comply. Signed by Magistrate Judge Michael T. Parker on July 27, 2012. (KM)
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| Remark: Order #56 forwarded to pro se plaintiff via regular mail. (KPM) |
| Filing 55 RESPONSE to Motion re #49 MOTION for failure to comply re #38 Order on Motion to Amend/Correct, Order on Motion to Clarify, Order on Motion to Dismiss,,,,, filed by Nakia Anderson, Rita Bonner, Chiquita Brown, Ron King, Debra Platt, Joy Ross, Charles Tossy, John Welford, Renon Williams (Gates, Keith) |
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Filing 54
ORDER denying #42 #45 Motions to Produce; granting in part and denying in part #44 Motion to Recognize. Signed by Magistrate Judge Michael T. Parker on July 19, 2012. (KM)
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Filing 53
ORDER directing Defendants to respond to #49 MOTION for failure to comply re #38 Omnibus Order by August 1, 2012. Signed by Magistrate Judge Michael T. Parker on July 19, 2012. (KM)
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Filing 52
ORDER denying #41 Motion to Amend/Correct; granting #46 Motion to Clarify. The Omnibus Order #38 is hereby amended to include a failure to protect claim against Defendant Ron King. Signed by Magistrate Judge Michael T. Parker on July 19, 2012. (KM)
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| Remark: Orders #52 #53 #54 forwarded to pro se plaintiff via regular mail. (KPM) |
| Filing 51 NOTICE of Appearance by Keith L. Gates on behalf of Nakia Anderson, Rita Bonner, Hubert Davis, Nino Enlers, Ron King, Debra Platt, Joy Ross, Charles Tossy, John Welford, Renon Williams (Gates, Keith) |
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Filing 50
ORDER denying #43 Motion to Appoint Counsel Signed by Magistrate Judge Michael T. Parker on June 28, 2012 (csm)
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| Filing 49 Plaintiff's MOTION for failure to comply to #38 Omnibus Order. (mbs) |
| Remark: Order #50 forwarded to pro se plaintiff via regular mail. (KPM) |
| Filing 48 Letter from Norma Starling filing letters from inmates regarding James Smith. (Attachments: #1 Exhibit Letter from John Overstreet, #2 Exhibit Letter from Bobby, #3 Exhibit Letter from Wade Alan Willard Jr) (LDR) |
| Filing 47 Plaintiff returned his copy of #39 Order of Reference. (LDR) |
| Filing 46 (Motion) to Clarify issues against defendant Ron King. (Attachments: #1 Exhibit MDOC Protection from Harm Policy) (LDR) Modified on 7/18/2012 (mbs). |
| Filing 45 MOTION for Matthew Hayes Work Record by James Estus Smith. (LDR) |
| Filing 44 MOTION to Recognize by James Estus Smith. (LDR) |
| Filing 43 MOTION to Appoint Counsel by James Estus Smith. (LDR) |
| Filing 42 MOTION to Produce copies of RVR documents by James Estus Smith. (LDR) |
| Filing 41 MOTION to Amend #1 Complaint, by James Estus Smith (Attachments: #1 Exhibit A - Rule Violation Report, #2 Exhibit B - Disciplinary Policy/MDOC Response Forms)(LDR) |
| Remark: Letter #40 forwarded to pro se plaintiff via regular mail. (KPM) |
| Filing 40 Mississippi Attorney General's letter in response to #38 OMNIBUS ORDER, stating his office will not be representing Defendant Hayes.(mbs) |
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Filing 39
ORDER REASSIGNING CASE UPON CONSENT. Case reassigned to Magistrate Judge Michael T. Parker for all further proceedings. District Judge Keith Starrett no longer assigned to case. Signed by District Judge Keith Starrett on 5/14/12 (scp)
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Filing 38
OMNIBUS ORDER; ORDER granting #34 Motion to Amend/Correct; granting #35 Motion to Clarify; granting #36 Motion to Dismiss Unknown Wayne, Unknown James, Nina Enlers, and John and Jane Does; granting ore tenus Motion to Dismiss Unknown Johnson. Signed by Magistrate Judge Michael T. Parker on May 13, 2012. (KM)
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| Remark: NEF for Ore Tenus Motion docketed 5/11/12 and Order #38 forwarded to pro se plaintiff via regular mail. (KPM) |
| Filing 37 CONSENT to Jurisdiction by US Magistrate Judge. (KPM) |
| Set Deadlines: Motions due by 8/15/2012 (KPM) |
| Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Omnibus Hearing held on 5/11/2012. Defendant moved to dismissed Nina Enlers (identified as Nino Enlers on pleadings), Wayne, James, and all Jane Does and John Does and the court granted that request. The parties consented to trial by magistrate judge. The court screened plaintiffs claims. Plaintiff moved to dismiss Unknown Johnson and the court granted that request. The court addressed pending motions. The court ordered certain documents produced within 30 days. Defendants produced a copy of the institutional file which includes the RVRs, incident reports, ARP records regarding alleged assault and medical records in open court. The court set a motions deadline of 8/15/12. An order will be entered. At the conclusion of hearing, a copy of Plaintiffs documents were produced to Mr. Irvin. APPEARANCES: Estus James Smith, pro se plaintiff; Charles Irvin for MDOC Defendants (Nakia Anderson, Nina Enlers, Hubert Davis, Joy Ross, Rita Bonner, Charles Tossy, Debra Platt, Chiquita Brown, Ron King, Renon Williams and John Welford); and Vic Smith. (Court Reporter Fred Jeske) (KPM) |
| Remark: Minute Entry of 5/11/12, NEF of Set Deadlines event docketed 5/11/12 and Consent #37 forwarded to pro se plaintiff via regular mail (KPM) |
| Ore tenus MOTION to Dismiss Defendant Unknown Johnson by James Estus Smith. (KM) |
| Filing 36 MOTION to Dismiss certain defendants by James Estus Smith (mbs) |
| Filing 35 MOTION to Clarify the assault part of #1 Complaint by James Estus Smith (mbs) |
| Filing 34 MOTION to Amend #1 Complaint by James Estus Smith (Attachment: #1 Exhibit-copy of Rule Violation Report)(mbs) |
| Filing 33 Copy of transmittal addressed to SMCI, showing writ issued to James Estus Smith was received on 4/23/12. (LDR) |
| Filing 32 Writ of Habeas Corpus ad Testificandum Issued as to James Estus Smith for 5/11/2012. (mbs) |
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Filing 31
AMENDED ORDER SETTING OMNIBUS HEARING. Signed by Magistrate Judge Michael T. Parker on April 19, 2012 (KPM)
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| Reset Hearings: Omnibus Hearing set for 5/11/2012 11:00 AM before Magistrate Judge Michael T. Parker. THIS ENTRY CORRECTS THE PRIOR ENTRY WHICH PROVIDED FOR AN INCORRECT DATE. (KPM) |
| Reset Hearings: Omnibus Hearing reset for 5/1/2012 11:00 AM in Courtroom 2, U.S. Courthouse, 701 N. Main Street, Hattiesburg, MS before Magistrate Judge Michael T. Parker (KPM) |
| Remark: Amended Order #31 and NEF of Reset Hearing event docketed 4/19/12 forwarded to pro se plaintiff via regular mail. (KPM) |
| Filing 30 Remark: Acknowledgment by Warden, SMCI, of receipt on 4/4/2012 of Writ of Habeas Corpus Ad Testificandum. (mbs) |
| Filing 29 Writ of Habeas Corpus ad Testificandum Issued as to James Estus Smith for May 3, 2012. (mbs) |
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Filing 28
ORDER Setting Omnibus Hearing. Signed by Magistrate Judge Michael T. Parker on March 28, 2012 (KPM)
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| Set Hearings: Omnibus Hearing set for 5/3/2012 11:00 AM in Courtroom 2, United States Courthouse, 701 N. Main Street, Hattiesburg, MS before Magistrate Judge Michael T. Parker (KPM) |
| Remark: Order #28 and NEF of Set Hearings event docketed 3/28/12 forwarded to pro se plaintiff via regular mail. (KPM) |
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Filing 26
ORDER OF DISMISSAL - Defendant Ron Woodall is dismissed from this matter. Woodall terminated. Signed by District Judge Keith Starrett on 2/8/12 (scp)
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| Filing 25 Response in Opposition to #19 DEFENSES ANSWER to #1 Complaint by Defendants N. Anderson, Rita Bonner, Chiquita Brown, Hubert Davis, Nino Enlers, Ron King, Debra Platt, Joy Ross, Charles Tossy, Renon Williams and John Welford filed by James Estus Smith. (Attachments: #1 Exhibit A-copy of RVR 1026542, #2 Exhibit B-copy of RVR 1026543, #3 Exhibit C-copy of RVR 1026544, #4 Exhibit D-copy of RVR 1026542 with inmate's response, #5 Exhibit E-copy of RVR 1026543 with inmate's response, #6 Exhibit F-copy of RVR 1026544 with inmate's response, #7 Exhibit G-copy of ARP SMCI-11-974 First Step Response Form, #8 Exhibit H1-copy of ARP SMCI-10-1834 Second Step Response Form, #9 Exhibit H2-copy of ARP SMCI-11-773 Second Step Response Form, #10 Exhibit I1-copy of Certificate, ARP # SMCI-10-779, #11 Exhibit I2-copy of Certificate ARP No. SMCI-10-72)(mbs) |
| Filing 24 Response in Opposition to #23 Affirmative Defenses and ANSWER to #1 Complaint by Defendant Woodall filed by James Estus Smith. (mbs) |
| Filing 23 Affirmative Defenses and ANSWER to #1 Complaint,,, by Woodall.(Smith, Vardaman) |
| Filing 22 U.S. Marshal's Returns unexecuted as to Unknown Johnson, Matthew Hayes, Unknown Wayne and Unknown James. (mbs) |
| Filing 21 U.S. Marshal's Returns executed as to N. Anderson, Nino Enlers, Hubert Davis, Joy Ross, Rita Bonner, Charles Tossy, Unknown Welford, Unknown Williams, Unknown Woodall, Debra Platt, Chiquita Brown and Ron King. (mbs) |
| Filing 20 NOTICE of Appearance by Tommy D. Goodwin on behalf of N. Anderson, Rita Bonner, Chiquita Brown, Hubert Davis, Nino Enlers, Ron King, Debra Platt, Joy Ross, Charles Tossy, John Welford, Renon Williams (Goodwin, Tommy) |
| Filing 19 DEFENSES ANSWER to #1 Complaint,,, by N. Anderson, Rita Bonner, Chiquita Brown, Hubert Davis, Nino Enlers, Ron King, Debra Platt, Joy Ross, Charles Tossy, Renon Williams, John Welford.(Irvin, Charles) |
| Filing 17 (Redacted) Summons Reissued as to Matthew Hayes. (mbs) |
| Filing 16 Sealed Order directing the issuance and service of process for Matthew Hayes. (KM) |
| Filing 15 Sealed Document filed pursuant to 12/30/2011 Text Only Order: Correspondence regarding service of process for Defendant Hayes. (mbs) |
| Remark: Text Order dated 12/30/11, redacted Sealed Document #15 , and redacted Sealed Order #16 forwarded to pro se plaintiff via regular mail. (KM) |
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TEXT ONLY ORDER directing the Clerk to file correspondence dated 12/22/11 from Charles Irvin regarding the address of Matthew Hayes under seal. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge Michael T. Parker on December 30, 2011. (KM)
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| Filing 14 Plaintiff's Response to #11 ORDER: plaintiff, within 20 days, and defendant, at time of answer, shall provide court with every civil action number or appeal number which the plaintiff has had dismissed on the grounds that it is frivolous, malicious or fails to state a claim; and that subpoenas shall not be issued except by order of the Court. (mbs) |
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Filing 13
ORDER REFERRING CASE to Magistrate Judge Michael T. Parker. Signed by District Judge Keith Starrett on 12/13/11 (scp)
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| Filing 12 Summons Issued as to N. Anderson, Rita Bonner, Chiquita Brown, Hubert Davis, Nino Enlers, Matthew Hayes, James, Johnson, Ron King, Debra Platt, Joy Ross, Charles Tossy, Wayne, Welford, Williams, Woodall. (LDR) |
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Filing 11
ORDER: Clerk directed to issue Summons to defendants Unknown Johnson, N. Anderson, Matthew Hayes, Nino Enlers, Hubert Davis, Joy Ross, Rita Bonner, Charles Tossy, Unknown Welford, Unknown Williams, Unknown Wayne, Unknown Woodall, Debra Platt, Unknown James, Chiquita Brown and Ron King, with USMS to serve same; plaintiff, within 20 days, and defendant, at time of answer, shall provide court with every civil action number or appeal number which the plaintiff has had dismissed on the grounds that it is frivolous, malicious or fails to state a claim; and that subpoenas shall not be issued except by order of the Court. Signed by Magistrate Judge Michael T. Parker on 12/6/11 (LDR)
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| Filing 10 Response to #9 ORDER (On or before 12/5/2011 Plaintiff shall file a written response to the items listed in this order, a copy of which is being mailed to him at his last known address ) filed by James Estus Smith (mbs) |
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Filing 9
ORDER: On or before 12/5/2011 Plaintiff shall file a written response to the items listed in this order, a copy of which is being mailed to him at his last known address. Signed by Magistrate Judge Michael T. Parker on November 14, 2011 (mbs)
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Filing 8
ORDER granting #2 Motion for Leave to Proceed in forma pauperis and #6 Amended Motion for Leave to Proceed in forma pauperis and setting payment schedule as set forth in order. Signed by Magistrate Judge Michael T. Parker on November 14, 2011 (mbs)
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| Filing 7 Acknowledgment of Receipt of Prisoner Litigation Reform Act and Amendments to MCA 47-5-138 as to #3 Order Opsp2. Acknowledgement filed by James Estus Smith. (mbs) |
| Filing 6 Amended MOTION for Leave to Proceed In Forma Pauperis by James Estus Smith. (mbs) |
| Filing 5 Letter from Plaintiff Smith transmitting ifp motion and requesting that the caption of this case be changed to "Smith v. King, et al." (mbs) |
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Filing 4
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 Michael T. Parker on November 1, 2011 (mbs)
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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. Prisoner Petition Pleadings due by 12/1/2011 Signed by Magistrate Judge Michael T. Parker on November 1, 2011 (mbs)
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| Filing 2 MOTION for Leave to Proceed In Forma Pauperis by James Estus Smith. (mbs) |
| Filing 1 COMPLAINT against all named Defendants filed by James Estus Smith. (Attachments: #1 Exhibit A1-copies of 10/29/10 Case No. 11-375 ARP request form and related documents, #2 Exhibit A2-copy of 5/27/11 Case No. 10-1834 ARP Second Step Response Form and related documents, #3 Exhibit B1-copies of 1/4/11 Case No. 10-1834 First Step Response Form and related documents, #4 Exhibit B2-copy of 1/27/11 Case No. 10-1834 Second Step Response Form, #5 Exhibit C1-copy of 6/17/11 Case No. 11-773 Second Step Response Form, #6 Exhibit D1-copies of 7/14/11 Case No. 11-974 First Step Response Form and related documents, #7 Exhibit D2-copy of 8/29/11 Case No. 11-974 Second Step Response Form, #8 Exhibit E-copies of 11/4/10 ARP Request Form and related documents)(mbs) |
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