Avery v. Wooten et al
| David Avery |
| Gary Sneed, Lisa Cooke, David Dobbins, Marcy Shelton, Kevin D. Balkwill, Natasha Metcalf, Randy Linville, Dustin Ryals, Cheryl A. Blackburn, Brandon Dozier, Stephen J. Christopher, John D. Wooten, Jr., Beverly P. Sharpe, W. Hampton, Victor S. Johnson, III, Shelly Jones, Keith Throckmorton, Brenda Wynn, Marsha Blackburn, Julie McPeak, Sandy L. Garrett, Howard Gentry, Daniel Newburn, Jakie West, Thomas E. Simpkins, Gerald D. Morgan, Stephen T. Mnuchin, Laura L. Chastain, Howard Taradash, Mark Cate, Lisa Childress, Mike Phillips, Bill Lee, Sgt. Ford, William Haslam, Timothy Discenza, J. Daniel Breen, Brian Doersom, David Sexton, Adam S. Barber, Greg Ward, Alan D. Johnson, Eileen Burkhalter Smith, Erika Snow, Mari Smith, Tre Hargett, Dee David Gay, Kim Taylor, Thomas Brothers, Joanne Newsome, Torrey Samson, Esther D. Groh, A. Gregory, James Hivner, John Kerry, Laural A. Hemenway, Howard D. Homesly, Tony Parker, Daron Hall, Robert N. Hibbett, Herbert Slatery, David C. Torrence, Melissa A. Gwyn, Deborah T. Tate, Tom Thompson, Jr., Monica M. Mackie, Chris Craft, Georgia Crowell, Russell Washburn, Paula Merrifield, Damon Hinniger, Stephanie Renee Reevers, R. Benton McDonough, Carmen Romero, Betty Lou Taylor, Shannon Brown, Danny Orr, Larissa Dills, John P. Brown, Billy Morris, Dawn Kilpatrick, Aaron Holt, Lisa Marsh, William Higgins, Louise W. Kelton, Charles K. Smith, Shaun Hardin, A. Russell Willis, Brody Kane, John D. Dreyzehner, Linda Kelley, Richard R. Rooker, Ray Russell, Elizabeth Stout, Maria M. Salas, Stephen Chambers, Sherry Mofield, Travis M. Lampley and Rita Crowder |
| 2:2020cv00357 |
| January 23, 2020 |
| US District Court for the Southern District of Ohio |
| Elizabeth Preston Deavers |
| Michael H Watson |
| Habeas Corpus (General) |
| 28 U.S.C. § 1442 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on June 1, 2020. A more recent docket listing may be available from PACER.
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Filing 39
MOTION to Enter Immediate Determination by Plaintiff David Avery. (Attachments: #1 Envelope) (ew)
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Filing 38
CLERK'S JUDGMENT - Pursuant to the May 26, 2020 Opinion and Order, the Report and Recommendation is ADOPTED and AFFIRMED. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 37
OPINION and ORDER adopting and affirming #35 the Report and Recommendation. Signed by Judge Michael H. Watson on 5/26/20. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 36
OBJECTION to #35 Report and Recommendation by Plaintiff David Avery. (Attachments: #1 Envelope) (ew)
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Filing 35
REPORT AND RECOMMENDATION: It is RECOMMENDED that Plaintiff's #3 Complaint be DISMISSED in its entirety and that all pending motions be denied as moot. Objections to R&R due by 5/14/2020. Signed by Magistrate Judge Elizabeth Preston Deavers on April 30, 2020. (jlk)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 34
NOTATION ORDER denying #33 Motion to Vacate Court Order and Refer Case to Mediation. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/21/2020. (EPD)
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Filing 33
MOTION to Vacate Court Order and Refer Case to Mediation by Plaintiff David Avery. (Attachments: #1 Envelope) (ew)
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Filing 32
ORDER - This case is STAYED pending resolution of Respondents' Motions to Dismiss. The obligation to respond the Original Writ of Error of any Respondent and any further briefing is SUSPENDED until further Order of the Court. Signed by Magistrate Judge Elizabeth Preston Deavers on April 15, 2020. (jlk)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 31
MOTION to Deny Respondents' Request for Extension of Time by Plaintiff David Avery. (Attachments: #1 Exhibit A, #2 Envelope) (ew)
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See #30 for document. This entry was created by the Clerk's Office for case management purposes to combine the "Response in Opposition to Motion" filing event with the "Reply to Response to Motion" filing event used for #30 . (ew)
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Filing 30
REPLY to Response to Motion re #23 Motion to Dismiss and RESPONSE in Opposition to #25 Motion to Strike filed by Defendants Lisa Cooke, A. Gregory, Damon Hinniger, Natasha Metcalf, Dustin Ryals, Russell Washburn. (Bojanowski, Timothy) Modified text on 4/13/2020. (ew)
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Filing 29
MOTION to Strike #24 by Plaintiff David Avery. (Attachments: #1 Envelope) (ew)
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Filing 28
MOTION to Dismiss for Lack of Jurisdiction by Defendants Adam S. Barber, John P. Brown, Brian Doersom, Brandon Dozier, Howard Gentry, Daron Hall, Shaun Hardin, William Higgins, Aaron Holt, Billy Morris, Daniel Newburn, Danny Orr, Richard R. Rooker, Maria M. Salas, Thomas E. Simpkins, Gary Sneed, Erika Snow, Howard Taradash, David C. Torrence, Brenda Wynn. (Davis, Melvin)
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Filing 27
ORDER Granting #26 "Respondents" Motion for Extension of Time until 4/22/2020 to Answer. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/1/2020. (sln)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 26
MOTION for Extension of Time to File Answer re #3 Complaint New date requested 4/21/2020. by Defendants Adam S. Barber, John P. Brown, Brian Doersom, Brandon Dozier, Howard Gentry, Daron Hall, Shaun Hardin, William Higgins, Aaron Holt, Billy Morris, Daniel Newburn, Danny Orr, Richard R. Rooker, Maria M. Salas, Thomas E. Simpkins, Gary Sneed, Erika Snow, Howard Taradash, David C. Torrence, Brenda Wynn. (Attachments: #1 Text of Proposed Order Proposed Entry Granting Extension of Time) (Davis, Melvin)
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Filing 25
MOTION to Strike #23 Motion to Dismiss by Plaintiff David Avery. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Envelope) (ew)
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Filing 24
REPLY to Response to Motion re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , Respondents' Opposition to Petitioner's Motion to Strike and Refer the Case to Mediation (Doc. #22 ) and Respondents' Opposition to Petitioner's Motion to Refer Case to Mediation (Doc. #21 ) filed by Defendants Stephen Chambers, Rita Crowder, Shelly Jones, Randy Linville, Sherry Mofield, Ray Russell, Kim Taylor, Jakie West. (Padgett, Keona)
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See #24 for document. This entry was created by the Clerk's Office for case management purposes to combine the "Response in Opposition to Motion" filing event with the "Reply to Response to Motion" filing event used for #24 . (ew)
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Filing 23
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Lisa Cooke, A. Gregory, Damon Hinniger, Natasha Metcalf, Dustin Ryals, Russell Washburn. (Bojanowski, Timothy)
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Filing 22
MOTION to Strike #20 Motion to Dismiss from the Record and Refer the Case to Mediation by Plaintiff David Avery. (Attachments: #1 Envelope) (ew)
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Filing 21
MOTION to Refer Case to Mediation by Plaintiff David Avery. (Attachments: #1 Envelope) (ew)
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Filing 20
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 3/27/2020) by Defendants Stephen Chambers, Rita Crowder, Shelly Jones, Randy Linville, Sherry Mofield, Ray Russell, Kim Taylor, Jakie West. (Padgett, Keona)
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Filing 19
MOTION Request for Judicial Notice by Defendants Stephen Chambers, Rita Crowder, Shelly Jones, Randy Linville, Sherry Mofield, Ray Russell, Kim Taylor, Jakie West. (Padgett, Keona)
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Filing 18
MOTION for Immediate Supervised Release Under Federal Supervision Until the Case is Settled Between the Parties by Plaintiff David Avery. (Attachments: #1 Envelope) (ew)
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Filing 17
Response re #15 Notice (Other) by Defendant Betty Lou Taylor. (Schrader, Matthew)
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Filing 16
ORDER granting #13 Motion for Extension of Time to Answer. Lisa Cooke answer due 3/13/2020; A. Gregory answer due 3/13/2020; Damon Hinniger answer due 3/13/2020; Natasha Metcalf answer due 3/13/2020; Dustin Ryals answer due 3/13/2020; Russell Washburn answer due 3/13/2020. Signed by Magistrate Judge Elizabeth Preston Deavers on February 13, 2020. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (jlk).
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Filing 15
NOTICE of Removal of Betty Lou Taylor From Suit by Plaintiff David Avery. (Attachments: #1 Envelope) (ew)
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Filing 14
ORDER Granting #12 Motion for Extension of Time to Answer. Stephen Chambers answer due 3/3/2020; Rita Crowder answer due 3/3/2020; Shelly Jones answer due 3/3/2020; Randy Linville answer due 3/3/2020; Sherry Mofield answer due 3/3/2020; Ray Russell answer due 3/3/2020; Kim Taylor answer due 3/3/2020; Jakie West answer due 3/3/2020. Signed by Magistrate Judge Elizabeth Preston Deavers on 2/12/2020. (sln)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 13
MOTION for Extension of Time (New date requested 3/13/2020) and NOTICE of Appearance by Timothy J. Bojanowski for Defendants Lisa Cooke, A. Gregory, Damon Hinniger, Natasha Metcalf, Dustin Ryals, and Russell Washburn. (Bojanowski, Timothy) Modified text on 2/13/2020 (ew).
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Filing 12
MOTION for Extension of Time New date requested 3/3/2020. by Defendants Stephen Chambers, Rita Crowder, Shelly Jones, Randy Linville, Sherry Mofield, Ray Russell, Kim Taylor, Jakie West. (Attachments: #1 Text of Proposed Order) (Padgett, Keona)
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Filing 11
NOTICE of Appearance by Keona R. Padgett and Brian R. Noethlich for Defendants Stephen Chambers, Rita Crowder, Shelly Jones, Randy Linville, Sherry Mofield, Ray Russell, Kim Taylor, Jakie West (Padgett, Keona) Modified text on 2/12/2020 (ew).
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Filing 10
NOTICE of Incident and Request for a Facility Transfer by Plaintiff David Avery. (Attachments: #1 Envelope) (ew)
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Filing 9
Counter MOTION to Strike Respondents' Motion to Dismiss from the Record and Remand Case Back to the Supreme Court of Ohio by Plaintiff David Avery. (Attachments: #1 Envelope) (ew)
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| Filing 8 MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 2/24/2020) by Defendant Monica M. Mackie. (Attachments: #1 Exhibit Affidavit of Monica M. Mackie) (Hughes, James) |
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Filing 7
ORDER granting #5 Motion for Extension of Time to Answer. Betty Lou Taylor's answer due 2/17/2020. Signed by Magistrate Judge Elizabeth Preston Deavers on January 28, 2020. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 6 SUGGESTION OF DEATH Upon the Record as to Betty Lou Taylor by Defendant Betty Lou Taylor. (Schrader, Matthew) |
| Filing 5 MOTION for Extension of Time to File Answer re #3 Complaint New date requested 2/17/2020. by Defendant Betty Lou Taylor. (Schrader, Matthew) |
| Filing 4 NOTICE of Appearance by Matthew Lawrence Schrader and Thomas N. Spyker for Defendant Betty Lou Taylor (Schrader, Matthew) Modified text on 1/27/2020 (ew). |
| Filing 3 COMPLAINT (Original Writ of Error) against All Defendants originally filed in the Supreme Court of Ohio on 12/30/2019 by David Avery. (ew) |
| Filing 2 MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 2/13/2020), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Marsha Blackburn, J. Daniel Breen, Louise W. Kelton, John Kerry, Stephen T. Mnuchin, Carmen Romero, Keith Throckmorton. (Stark, John) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of Ohio, case number 2019-1809, filed by Keith Throckmorton, J. Daniel Breen, Stephen T. Mnuchin, John Kerry, Louise W. Kelton, Marsha Blackburn, Carmen Romero. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet, #3 Supplemental Civil Cover Sheet) (Stark, John) |
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