Powe v. Finnell, et al.
| Kahlyl Marshawn Powe |
| Deputy Thomas Finnell, Deputy R. Wright, Deputy R. Heigelmann, Sgt. Haught and Sgt. Tyler |
| 5:2025cv00614 |
| March 28, 2025 |
| U.S. District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1983 Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on September 22, 2025. A more recent docket listing may be available from PACER.
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Filing 25
Order Regarding Inadvertent Disclosure of Attorney-Client Privilege, Work Product Protection or Other Applicable Privilege. Judge Benita Y. Pearson on 9/22/2025. (JLG)
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| Filing 24 Case Management Conference Plan/Order. Case is assigned to the standard track, and is not suitable for Alternative Dispute Resolution (ADR) at this time. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. Discovery shall be completed on or before 3/31/2026. Counsel shall comply with LR 37.1, which outlines a process for resolution of discovery disputes. The cutoff for filing dispositive motions is 5/15/2026, with responses filed by 6/15/2026, and replies by 6/29/2026. Written stipulations as to all uncontested facts to be presented by the dispositive motion shall be filed with the Court on or before 5/15/2026. If there are no stipulations, a joint notice stating same shall be filed by the same date. These are mandatory requirements. Judge Benita Y. Pearson on 9/22/2025. (JLG) |
| Copy of NEF for 9/22/2025 Minutes of Proceedings [non-document], #24 Case Management Conference Plan/Order, #25 Order, Summons, and USM 285 mailed to Plaintiff Kahlyl Marshawn Powe #812124, Trumbull Correctional Institution, 5701 Burnett Road, P.O. Box 901, Leavittsburg, OH 44430 on 9/22/2025. Related document(s) #24 , #25 . (JLG) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 9/22/2025. Present were Assistant Prosecuting Attorney John Christopher Reece as counsel for Defendants Deputy Richard Wright, Deputy Ryan Heigelmann, Sgt. Amanda Haught, and Sgt. Jennifer Tyler; Plaintiff Kahlyl Marshawn Powe; and, Defendants Deputy Wright, Deputy Heigelmann, and Sgt. Haught. On or before 10/31/2025, Defendants may file a motion for summary judgment on the issue of whether Plaintiff exhausted all available administrative remedies before filing the case at bar. Plaintiff's response shall be filed by 12/5/2025. Defendants' reply shall be filed by 12/19/2025. Written stipulations as to all uncontested facts to be presented by Defendants' motion for summary judgment on this issue shall be filed with the Court on or before 10/31/2025. If there are no stipulations, a joint notice stating same shall be filed by the same date. These are mandatory requirements. (Court Reporter: Mary Uphold); Time: 33 Minutes. (JLG) |
| Filing 23 Motion to excuse attendance at Case Management Conference filed by Defendant Sgt. Tyler. (Reece, John) |
| Copy of NEF for 9/15/2025 Order [no-document] mailed to Plaintiff Kahlyl Marshawn Powe #812124, Trumbull Correctional Institution, 5701 Burnett Road, P.O. Box 901, Leavittsburg, OH 44430 on 9/15/2025. (JLG) |
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Order [non-document] granting Defendant Sgt. Tyler's #23 Motion to Excuse Attendance at Case Management Conference. Judge Benita Y. Pearson on 9/15/2025. (JLG)
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| Filing 22 Notice of Discovery Plan filed by All Defendants. The parties do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. 636(c). (Hawkins, Ashley) |
| Filing 21 Notice of Service of Defendants' notice of service of initial disclosures upon Plaintiff filed by All Defendants. (Hawkins, Ashley) |
| Filing 20 Answer to Amended Complaint with Jury Demand filed by Thomas Finnell, R. Heigelmann, Sgt. Haught, Sgt. Tyler, R. Wright. Related documents #17 , #18 (Hawkins, Ashley) |
| Filing 19 Motion to modify time of case management conference filed by Thomas Finnell, R. Heigelmann, Sgt. Haught, Sgt. Tyler, R. Wright. (Hawkins, Ashley) |
| Copy of NEF for 8/28/2025 Order [non-document] mailed to Plaintiff Kahlyl Marshawn Powe #812124, Trumbull Correctional Institution, 5701 Burnett Road, P.O. Box 901, Leavittsburg, OH 44430; and Warden, Trumbull Correctional Institution, Legal/Business Mail, 2338 North West Street, Lima, Ohio 45802 and via email to [email protected] on 8/28/2025. (JLG) |
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Order [non-document] granting Defendants' #19 Motion to Modify Time of Case Management Conference. The Telephonic Case Management Conference is reset for 9/22/2025 at 10:00 a.m. before Judge Benita Y. Pearson. Counsel for Defendants shall set up the conference call and contact Chambers directly at (330) 884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 8/28/2025. (JLG)
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Filing 18
Order For the reasons set forth herein, Plaintiff's Motion for Leave to Amend His Original Complaint (ECF No. #17 ) is denied as unnecessary. The Amended Complaint (ECF No. #17 -1) is deemed filed as of 8/25/2025. Counsel and the parties are reminded that this case is set for a Telephonic Case Management Conference ("CMC") on 9/22/2025 at 11:00 a.m. See Scheduling Order (ECF No. #16 ). Counsel for Defendants shall set up the conference call and contact Chambers directly at (330) 884-7435, with all participants on the line. The Court requires personal participation of parties at the CMC, even when the conference is telephonic. Judge Benita Y. Pearson on 8/25/2025. (JLG)
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| Filing 17 Motion for Leave to amend original complaint filed by Plaintiff Kahlyl Marshawn Powe. (Attachments: #1 Proposed Amended Complaint, #2 Envelope)(M,Do) |
| Copy of #18 Order mailed to Plaintiff Kahlyl Marshawn Powe #812124, Trumbull Correctional Institution, 5701 Burnett Road, P.O. Box 901, Leavittsburg, OH 44430 on 8/25/2025. Related document(s) #18 . (JLG) |
| Filing 16 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 9/22/2025 at 11:00 a.m. before Judge Benita Y. Pearson. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. The Warden at Trumbull Correctional Institution shall make arrangements to provide a room and a telephone so that Plaintiff/Inmate Kahlyl Marshawn Powe #812124 may participate in the conference telephonically. Upon receipt of this Order, the Warden or his designee shall contact Assistant Prosecuting Attorneys John C. Reece and Ashley A. Hawkins at the Office of the Prosecuting Attorney - Summit County, 53 University Avenue, 7th Floor Akron, Ohio 44308, (330) 643-8577, (330) 643-8138, [email protected], [email protected], and provide a telephone number at which Inmate Powe can be reached on 9/22/2025 at 11:00 a.m. so that Inmate Powe can be joined in to the conference call. Assistant Prosecuting Attorneys Reece and Hawkins shall set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Judge Benita Y. Pearson on 8/18/2025. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5) (JLG) |
| Copy of #16 Case Management Conference Scheduling Order mailed to Plaintiff Kahlyl Marshawn Powe #812124, Trumbull Correctional Institution, 5701 Burnett Road, P.O. Box 901, Leavittsburg, OH 44430; and Warden, Trumbull Correctional Institution, Legal/Business Mail, 2338 North West Street, Lima, Ohio 45802 and via email to [email protected] on 8/18/2025. Related document(s) #16 . (JLG) |
| Filing 15 Answer to #1 Complaint, with Jury Demand filed by R. Heigelmann, Sgt. Haught, Sgt. Tyler, R. Wright. (Reece, John) |
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Filing 14
Order For the reasons set forth herein, Plaintiff Kahlyl Marshawn Powe's Motion/Request for Service on Defendants Pursuant to Fed. R. Civ. P. 4 (ECF No. #13 ), filed on 7/10/2025, is denied as unnecessary. Judge Benita Y. Pearson on 7/22/2025. (JLG)
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| Copy of #14 Order mailed to Plaintiff Kahlyl Marshawn Powe #812124, Trumbull Correctional Institution, 5701 Burnett Road, P.O. Box 901, Leavittsburg, OH 44430 on 7/22/2025. Related document(s) #14 . (JLG) |
| Filing 13 Motion/Request for Service on Defendants filed by Plaintiff Kahlyl Marshawn Powe. (Attachments: #1 Envelope)(M,Do) |
| Filing 12 Motion for enlargement/extension of time until August 8, 2025 to answer complaint filed by Thomas Finnell, R. Heigelmann, Sgt. Haught, Sgt. Tyler, R. Wright. (Reece, John) |
| Filing 11 Attorney Appearances by John C. Reece and Ashley A. Hawkins filed by on behalf of All Defendants. (Reece, John) |
| Copy of NEF for 7/10/2025 Order [non-document] mailed to Plaintiff Kahlyl Marshawn Powe #812124, Trumbull Correctional Institution, 5701 Burnett Road, P.O. Box 901, Leavittsburg, OH 44430 on 7/10/2025. (JLG) |
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Order [non-document] granting as requested Defendants' #12 Motion for Extension of Time until 8/8/2025 to Answer. Judge Benita Y. Pearson on 7/10/2025. (JLG)
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| Filing 10 Return of Service by U.S. Marshal by FedEx executed upon R. Wright on 6/27/2025, filed on behalf of Kahlyl Marshawn Powe. Related document(s) #4 . (Gi,J) |
| Filing 9 Return of Service by U.S. Marshal by FedEx executed upon R. Heigelmann on 6/27/2025, filed on behalf of Kahlyl Marshawn Powe. Related document(s) #4 . (Gi,J) |
| Filing 8 Return of Service by U.S. Marshal by FedEx executed upon Sgt. Haught on 6/27/2025, filed on behalf of Kahlyl Marshawn Powe. Related document(s) #4 . (Gi,J) |
| Filing 7 Return of Service by U.S. Marshal by FedEx executed upon Thomas Finnell on 6/27/2025, filed on behalf of Kahlyl Marshawn Powe. Related document(s) #4 . (Gi,J) |
| Filing 6 Return of Service by U.S. Marshal by FedEx executed upon Sgt. Tyler on 6/27/2025, filed on behalf of Kahlyl Marshawn Powe. Related document(s) #4 . (Gi,J) |
| Filing 5 Magistrate Consent Package issued . (JLG) |
| Filing 4 Original Summons issued to U.S. Marshals Service for service upon Defendants Thomas Finnell, R. Heigelmann, Sgt. Haught, Sgt. Tyler, and R. Wright. (Attachments: #1 Forms USM-285 Issued) (JLG) |
| Copy of #4 Summons Issued and #5 Magistrate Consent Package Issued mailed to Plaintiff Kahlyl Marshawn Powe #812124, Trumbull Correctional Institution, 5701 Burnett Road, P. O. Box 901, Leavittsburg, OH 44430 on 6/23/2025. Related document(s) #4 , #5 . (JLG) |
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Filing 3
Order granting Plaintiff's #2 Motion to proceed in forma pauperis. Pursuant to 28 U.S.C. 1915(b), the filing fee in the amount of $350 is due. An initial partial payment in the amount of $2.90 is currently due and should be deducted from Plaintiff's prisoner account, when funds are available therein, until the initial partial fee is paid. Thereafter, the prison cashier's office shall deduct, and forward to the Court, 20% of the preceding month's income credited to Plaintiff's prisoner account each time the amount in the account exceeds $10.00 until the full $350 fee has been paid. Magistrate Judge Carmen E. Henderson on 5/27/2025. (Attachments: #1 Instructions for payment of prisoner filing fee and subsequent installment payments) (S,KL)
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| Copy of #3 Order on Motion to proceed in forma pauperis mailed to Kahlyl Marshawn Powe #812124 at Trumbull Correctional Institution, 5701 Burnett Road, P. O. Box 901, Leavittsburg, OH., 44430 and Trumbull Correctional Institution, Attn: Cashiers Office, 5701 Burnett Road, Leavittsburg, OH., 44430 on 5/27/2024. (S,KL) |
| Filing 2 Motion to proceed in forma pauperis filed by Plaintiff Kahlyl Marshawn Powe. Related document(s) #1 . (Attachments: #1 affidavit of prisoner, #2 request for certified account statement, #3 affidavit of indigency-Ohio Department of Rehabilitation and Correction, #4 inmate demand statement, #5 envelope)(D,Ju) |
| Filing 1 Complaint against Thomas Finnell, Sgt. Haught, R. Heigelmann, Sgt. Tyler, R. Wright. Filing fee not paid, IFP. Filed by Kahlyl Marshawn Powe. (Attachments: #1 civil cover sheet, #2 summons, #3 USM-285 forms, #4 envelope) (D,Ju) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (D,Ju) |
| Judge Benita Y. Pearson assigned to case. (D,Ju) |
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