Withers v. McConnell
Plaintiff: Tonya Withers
Defendant: Judge John J. McConnell, Jr.
Case Number: 1:2023cv00281
Filed: July 10, 2023
Court: US District Court for the District of Rhode Island
Presiding Judge: Lincoln D Almond
Referring Judge: Samantha D Elliott
2 Judge: Andrea K Johnstone
3 Judge: William E Smith
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2023 Filing 15 JUDGMENT of the U.S. Court of Appeals for the First Circuit entered as to #7 Notice of Appeal filed by Tonya Withers. By order entered August 8, 2023, plaintiff-appellant Tonya Withers was directed to show cause in writing why this appeal should not be dismissed for lack of jurisdiction or to move for voluntary dismissal of this appeal. Appellant was warned that failure to respond by August 22, 2023 would lead to dismissal of this appeal for lack of diligent prosecution. Appellant having failed to file a timely response, it is hereby ordered that the above-captioned appeal be dismissed in accordance with 1st Cir. R. 3.0(b). [23-1570] (DaCruz, Kayla)
August 18, 2023 Filing 14 NOTICE re: Judgment, by Tonya Withers (Attachments: #1 Envelope)(Kenny, Meghan)
August 18, 2023 Filing 13 JUDGMENT dismissing this civil action. So Ordered by Clerk of Court on 8/18/2023. (Urizandi, Nissheneyra)
August 18, 2023 Opinion or Order Filing 12 ORDER: No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated July 20, 2023 (doc. no. 11). For the reasons explained therein, this case is dismissed based on judicial immunity. The clerk is directed to enter judgment and close this case. So Ordered by District Judge Samantha D Elliott on 8/18/2023. (Urizandi, Nissheneyra)
July 20, 2023 Opinion or Order Filing 11 REPORT AND RECOMMENDATIONS re #1 Complaint filed by Tonya Withers Objections to R&R due by 8/3/2023.. So Ordered by Magistrate Judge Andrea K Johnstone on 7/20/2023. (Simoncelli, Michael)
July 17, 2023 Opinion or Order TEXT ORDER: Plaintiff's request to proceed without prepayment of fees or costs is hereby granted, but only for the purpose of waiving the filing fee. So Ordered by Magistrate Judge Andrea K Johnstone on 7/17/2023. (Simoncelli, Michael)
July 14, 2023 MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis referred to Magistrate Judge Andrea K Johnstone. (Simoncelli, Michael)
July 13, 2023 Opinion or Order Filing 10 PROCEDURAL ORDER. So Ordered by District Judge Landya B McCafferty on 7/13/2023. (Kenny, Meghan)
July 13, 2023 Opinion or Order Filing 9 CONCURRING ORDER. So Ordered by District Judge Landya B McCafferty on 7/13/2023. (Kenny, Meghan)
July 13, 2023 Case reassigned to District Judge Samantha D Elliott and Magistrate Judge Andrea K Johnstone. Magistrate Judge Lincoln D. Almond no longer assigned to the case. (Kenny, Meghan)
July 13, 2023 USCA Case Number 23-1570 for #7 Notice of Appeal filed by Tonya Withers. (DaCruz, Kayla)
July 12, 2023 Filing 8 CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). #7 Notice of Appeal. (Attachments: #1 Record on Appeal)(DaCruz, Kayla)
July 12, 2023 Filing 7 NOTICE OF APPEAL by Tonya Withers as to #6 Order NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf Appeal Record due by 7/19/2023. (DaCruz, Kayla)
July 12, 2023 Opinion or Order Filing 6 ORDER OF RECUSAL by all Judges in the District of Rhode Island and transferring this case to the District of New Hampshire for assignment by designation. So Ordered by Chief Judge John J. McConnell, Jr. on 7/12/2023. (Simoncelli, Michael)
July 11, 2023 Opinion or Order Filing 5 ORDER OF RECUSAL entered. District Judge William E. Smith recused.. So Ordered by District Judge William E. Smith on 7/11/2023. (Potter, Carrie)
July 10, 2023 Opinion or Order Filing 4 ORDER OF RECUSAL entered. District Judge Mary S. McElroy recused. Case reassigned to District Judge William E. Smith for all further proceedings. So Ordered by District Judge Mary S. McElroy on 7/10/2023. (Potter, Carrie)
July 10, 2023 Filing 3 CASE OPENING NOTICE ISSUED (DaCruz, Kayla)
July 10, 2023 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Tonya Withers. (DaCruz, Kayla)
July 10, 2023 Filing 1 COMPLAINT, filed by Tonya Withers. (Attachments: #1 Civil Cover Sheet)(DaCruz, Kayla)
July 10, 2023 Case assigned to District Judge Mary S. McElroy and Magistrate Judge Lincoln D. Almond. (DaCruz, Kayla)

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Plaintiff: Tonya Withers
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Defendant: Judge John J. McConnell, Jr.
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