Shafer v. Collier et al
| Richard Scott Shafer |
| FNU Witten, Kevin W Thomas, FNU Adams, Joe C Gonzales, Bryan Collier, Jeffrey Catoe, William J Wheat, FNU Dingas, Robert A Eldredge, S Hemphill, John E Ragsdale, Michael Britt, Julie D Nales, Joseph T Embra, James R Smith, Jr, Ronald C Grant, FNU Delarosa, FNU Mitchell, Brandon L Brewer, Olayinka M Pedro, Jeffrey A Layton, Pam Pace, Director of Food Services Department, Julie D. Bales, Felicia Turner, Julie D. Nales and Office of the Attorney General - Amicus Curiae |
| 6:2019cv00114 |
| March 28, 2019 |
| US District Court for the Eastern District of Texas |
| Jeremy D Kernodle |
| K Nicole Mitchell |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on August 25, 2021. A more recent docket listing may be available from PACER.
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| Filing 152 FINAL JUDGMENT. All pending motions are DENIED as MOOT. The Clerk of Court is instructed to close this case. Signed by District Judge Jeremy D. Kernodle on 8/25/2021. (efarris, ) |
Filing 151
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #142 Report and Recommendations. The Court GRANTS #129 Motion for Summary Judgment and DENIES #109 Motion for Summary Judgment. Signed by District Judge Jeremy D. Kernodle on 8/25/2021. (efarris, )
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| Filing 150 OBJECTION to #142 Report and Recommendations by Richard Scott Shafer. (Attachments: #1 Exhibit -- Journal of Events, #2 Envelope(s))(mll, ) |
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Filing 149
ORDER denying #124 Motion for Evidentiary Hearing. Signed by Magistrate Judge K. Nicole Mitchell on 06/02/21. (mll, )
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Filing 148
ORDER denying as moot #99 Motion to Compel; denying as moot #106 Motion to Compel. Signed by Magistrate Judge K. Nicole Mitchell on 06/02/21. (mll, )
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Filing 147
ORDER granting #92 Motion to Substitute Attorney. Attorney Benjamin Johnson Phillips terminated; Added Adam Fellows. Signed by Magistrate Judge K. Nicole Mitchell on 06/02/21. (mll, )
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| Mailed current docket sheet to plaintiff per #148 Order of the Court. (mll, ) |
| Filing 146 RESPONSE/Objections to #144 Order denying Motion for Recusal, by Richard Scott Shafer. (mll, ) |
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Filing 145
ORDER denying #105 Motion for Reconsideration; denying #119 Motion for Reconsideration. Signed by Magistrate Judge K. Nicole Mitchell on 05/18/21. (mll, )
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Filing 144
ORDER denying #120 Motion for Recusal; denying #135 Motion for Recusal. Signed by Magistrate Judge K. Nicole Mitchell on 05/18/21. (mll, )
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| Filing 143 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #142 Report and Recommendations. Received 4/26/2021. (ndc) |
| Filing 142 REPORT AND RECOMMENDATIONS. It is recommended that the Defendant Sgt. Olayinka's supplemental motion for summary judgment #129 be granted and the claims against Sgt. Olayinka dismissed without prejudice for failure to exhaust administrative remedies. It is further recommended that Plaintiff's motion for summary judgment #109 be denied. Signed by Magistrate Judge K. Nicole Mitchell on 04/19/21. (mll, ) |
| Filing 141 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #140 Order Adopting Report and Recommendations. Received 3/26/2021. (ndc) |
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Filing 140
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #132 Report and Recommendations. The Court hereby GRANTS #94 Motion to Dismiss and DISMISSES Plaintiff's claims against these Defendants WITH PREJUDICE. Defendants Bales and Thomas are dismissed as parties to this case.The dismissal of these claims and parties has no effect on the remaining claimsand parties in this lawsuit. Signed by District Judge Jeremy D. Kernodle on 3/23/2021. (efarris, )
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| Filing 139 NOTICE of Affidavit Supporting Bias/Prejudice of Magistrate Judge by Richard Scott Shafer (mll, ) |
| Filing 138 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #131 Report and Recommendations. Received 1/22/2021. (ndc) |
| Filing 137 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #132 Report and Recommendations. Received 1/20/2021. (ndc) |
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Filing 136
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #131 Report and Recommendations. Plaintiff's objections are OVERRULED and it isORDERED that Plaintiff's motions for default judgment (Docket Nos. 36, 37, 84, and 110) are DENIED. Signed by District Judge Jeremy D. Kernodle on 2/2/2021. (efarris, )
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| Filing 135 MOTION for Recusal of Magistrate Judge K Nicole Mitchell by Richard Scott Shafer. (mll, ) |
| Filing 134 OBJECTION to #131 Report and Recommendations by Richard Scott Shafer. (Attachments: #1 Cover Letter, #2 Envelope(s))(mll, ) |
| Filing 133 RESPONSE in Opposition re #129 Supplemental MOTION for Summary Judgment filed by Richard Scott Shafer. (Attachments: #1 Exhibits, #2 Cover Letter, #3 Envelope(s))(mll, ) |
| Filing 132 REPORT AND RECOMMENDATIONS. It is recommended that the motion to dismiss filed by the Defendants Captain Bales and Sgt. Thomas #94 be granted and the claims against these Defendants dismissed with prejudice. Signed by Magistrate Judge K. Nicole Mitchell on 1/21/21. (mll, ) |
| Filing 131 REPORT AND RECOMMENDATIONS. It is recommended that the Plaintiff's motions for a default judgment (docket no.'s 63, 67, 84, and 110) be denied. Signed by Magistrate Judge K. Nicole Mitchell on 01/19/21. (mll, ) |
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Filing 130
ORDER that Plaintiff's motion for designation of the record on appeal #45 is DENIED as moot. Signed by Magistrate Judge K. Nicole Mitchell on 01/19/21. (mll, )
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| Filing 129 Supplemental MOTION for Summary Judgment by Olayinka M Pedro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (1 OF 3), #4 Exhibit 3 (2 OF 3), #5 Exhibit 3 (3 OF 3))(Fellows, Adam) |
| Filing 128 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #122 Order. Received at EDTX 12/8/2020. (ndc) |
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Filing 127
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #102 Report and Recommendations. The Court GRANTS #74 Motion to Dismiss/Lack of Jurisdiction filed by Joseph T Embra. Signed by District Judge Jeremy D. Kernodle on 12/02/2020. (efarris, )
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Filing 126
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #101 Report and Recommendations. The Court GRANTS #65 Motion to Dismiss/Lack of Jurisdiction filed by Felicia Turner. Signed by District Judge Jeremy D. Kernodle on 12/02/2020. (efarris, )
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Filing 125
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #100 Report and Recommendations. The Court GRANTS #54 Motion to Dismiss/Lack of Jurisdiction filed by Jeffrey Catoe. Signed by District Judge Jeremy D. Kernodle on 12/02/2020. (efarris, )
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| Filing 124 MOTION for Evidentiary Hearing by Richard Scott Shafer. (mll, ) |
| Filing 123 REPLY to Response to Motion re #109 MOTION for Summary Judgment filed by Richard Scott Shafer. (Attachments: #1 Cover Letter, #2 Envelope(s))(mll, ) |
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Filing 122
ORDER that Defendant shall have until 1-06-2021 in which to furnish such summary judgment evidence as he may have with regard to his assertion that Shafer failed to exhaust his administrative remedies concerning his claims against Sgt. Olayinka. The Defendant shall also respond to Shafer's contention that he could not exhaust his administrative remedies prior to filing suit because he was prevented from doing so. Shafer shall have until 1-29-2021, in which file such reply as he may have to the Defendant's pleading. Signed by Magistrate Judge K. Nicole Mitchell on 11/25/20. (mll, )
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| Filing 121 RESPONSE to Motion re #109 MOTION for Summary Judgment filed by Julie D. Bales, Jeffrey Catoe, Joseph T Embra, Olayinka M Pedro, Kevin W Thomas, Felicia Turner. (Fellows, Adam) |
| Filing 120 MOTION for Recusal of Magistrate Judge K Nicole Mitchell by Richard Scott Shafer. (mll, ) |
| Filing 119 MOTION for Reconsideration re #89 Order denying Appointment of Counsel by Richard Scott Shafer. (mll, ) |
| Filing 118 OBJECTION to #100 Report and Recommendations by Richard Scott Shafer. (mll, ) |
| Filing 117 OBJECTION to #101 Report and Recommendations by Richard Scott Shafer. (mll, ) |
| Filing 116 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #101 Report and Recommendations. Received 11/2/2020. (ndc) |
| Filing 115 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #100 Report and Recommendations. Received 11/2/2020. (ndc) |
| Filing 114 NOTICE of Original Application for Writ of Mandamus by Richard Scott Shafer (mll, ) |
| Filing 113 NOTICE of Objection to Clerk's Record in Docket Sheet Production by Richard Scott Shafer (mll, ) |
| Filing 112 OBJECTION to #102 Report and Recommendations by Richard Scott Shafer. (Attachments: #1 Cover Letter, #2 Envelope(s))(mll, ) |
| Filing 111 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #102 Report and Recommendations. Received 10/27/2020. (ndc) |
| Filing 110 ***TERMED PER ORDER #136 *** MOTION for Default Judgment as to by Richard Scott Shafer. (Attachments: #1 Text of Proposed Order, #2 Cover letter) (ndc) Modified on 2/2/2021 (efarris, ). |
| Filing 109 MOTION for Summary Judgment by Richard Scott Shafer. (Attachments: #1 Text of Proposed Order, #2 Cover letter) (ndc) |
| Filing 108 RESPONSE to #103 MOTION for Summary Judgment Limited to Exhaustion of Administrative Remedies filed by Richard Scott Shafer. (Attachments: #1 Text of Proposed Order, #2 Cover letter) (ndc) |
| Filing 107 RESPONSE/OBJECTION to #93 Notice of Discovery Disclosure by Richard Scott Shafer. (mll, ) |
| Filing 106 MOTION to Compel the Clerk to Produce Requested Documents by Richard Scott Shafer. (mll, ) |
| Filing 105 MOTION for Reconsideration re #85 Order denying Motion to Appoint Counsel, by Richard Scott Shafer. (mll, ) |
| Filing 104 RESPONSE in Opposition re #94 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b) filed by Richard Scott Shafer. (mll, ) |
| Filing 103 MOTION for Summary Judgment Limited to Exhaustion of Administrative Remedies by Olayinka M Pedro. (Attachments: #1 Text of Proposed Order)(Fellows, Adam) |
| Filing 102 REPORT AND RECOMMENDATIONS. It is recommended that Defendant Lt. Embra's motion to dismiss #74 be granted and the claims against Lt. Embra be dismissed with prejudice. Signed by Magistrate Judge K. Nicole Mitchell on 10/16/20. (mll, ) |
| Filing 101 REPORT AND RECOMMENDATIONS. It is recommended that Defendant Captain Turner's motion to dismiss #65 be granted and the claims against Captain Turner be dismissed with prejudice. Signed by Magistrate Judge K. Nicole Mitchell on 10/14/20. (mll, ) |
| Filing 100 REPORT AND RECOMMENDATIONS. It is recommended that Defendant Warden Catoe's motion to dismiss #54 be granted and the claims against Warden Catoe be dismissed with prejudice. Signed by Magistrate Judge K. Nicole Mitchell on 10/14/20. (mll, ) |
| Filing 99 MOTION to Compel by Richard Scott Shafer. (mll, ) |
| Filing 98 RESPONSE/Objections to #88 Order Adopting Report and Recommendations, by Richard Scott Shafer. (mll, ) |
| Filing 97 RESPONSE/Objections to #87 Order Adopting Report and Recommendations, by Richard Scott Shafer. (mll, ) |
| Filing 96 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #87 Order Adopting Report and Recommendations. Received 10/2/2020. (ndc) |
| Filing 95 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #88 Order Adopting Report and Recommendations. Received 10/2/2020. (ndc) |
| Filing 94 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b) by Julie D. Bales, Kevin W Thomas. (Attachments: #1 Text of Proposed Order)(Fellows, Adam) |
| Filing 93 NOTICE of Discovery Disclosure by Jeffrey Catoe, Joseph T Embra, Olayinka M Pedro, Felicia Turner Defendants Initial Disclosure to Plaintiff (Fellows, Adam) |
| Filing 92 MOTION to Substitute Attorney -In-Charge by Jeffrey Catoe, Joseph T Embra, Olayinka M Pedro, Felicia Turner. (Attachments: #1 Text of Proposed Order)(Fellows, Adam) |
| Filing 91 RESPONSE/OBJECTIONS to #86 Order granting Motion for Leave to File by Richard Scott Shafer. (mll, ) |
| Filing 90 RESPONSE/OBJECTIONS to #85 Order denying Motion to Appoint Counsel, Order denying Motion for Reconsideration by Richard Scott Shafer. (mll, ) |
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Filing 89
ORDER denying #32 Motion for Reconsideration ; denying #32 Motion for Hearing. Signed by Magistrate Judge K. Nicole Mitchell on 09/10/20. (mll, )
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Filing 88
ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court ORDERS that Plaintiff's objections are overruled and ADOPTS the Report of the Magistrate Judge #77 as the opinion of the District Court. Defendants' Motion to Dismiss #36 is GRANTED as to Defendants Bryan Collier, Michael Britt, Vernon Mitchell, Joe Gonzales, Jerry Adams, Brandon Brewer, Jeffrey Layton, John Ragsdale, Steven Hemphill, James Smith, Ronald Grant, Robert A. Eldredge, Douglas Whitten, Guillermo Delarosa, Douglas Sparkman, and William Wheat. The claims against these Defendants are DISMISSED WITH PREJUDICE. The motion to dismiss is DENIED as to Defendant Pedro Olayinka. Signed by District Judge Jeremy D. Kernodle on 09/08/20. (mll, )
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Filing 87
ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Court hereby ORDERS that Plaintiff's objections are overruled and ADOPTS the Report of the Magistrate Judge #75 as the opinion of the District Court. The motion to dismiss of Defendants Gregory Dingas and Pam Pace #34 is GRANTED and Plaintiff's claims against Defendants Dingas and Pace are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. Defendants Dingas and Pace are DISMISSED as parties to this lawsuit. Signed by District Judge Jeremy D. Kernodle on 09/08/20. (mll, )
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Filing 86
ORDER granting #35 Motion for Leave to File motion to dismiss out of time. The Defendants' motion to dismiss #36 shall be considered as timely filed. Signed by Magistrate Judge K. Nicole Mitchell on 09/03/20. (mll, )
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Filing 85
ORDER denying #80 Motion to Appoint Counsel ; denying #19 Motion to Appoint Counsel ; denying #25 Motion for Reconsideration. Signed by Magistrate Judge K. Nicole Mitchell on 09/02/20. (mll, )
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| Filing 84 ****TERMED PER ORDER #136 **** MOTION for Default Judgment as to defendants Kevin Thomas and Julie Bales by Richard Scott Shafer. (mll, ) Modified on 2/2/2021 (efarris, ). |
| Filing 83 Defendan Olayinka's ANSWER to #9 Amended Complaint by Olayinka M Pedro.(Phillips, Benjamin) |
| Filing 82 OBJECTION to #77 Report and Recommendations by Richard Scott Shafer. (mll, ) |
| Filing 81 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #77 Report and Recommendations. Received 8/12/2020. (ndc) |
| Filing 80 MOTION to Appoint Counsel by Richard Scott Shafer. (mll, ) |
| Filing 79 OBJECTION to #75 Report and Recommendations by Richard Scott Shafer. (mll, ) |
| Filing 78 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #75 Report and Recommendations. Received 8/4/2020. (ndc) |
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Filing 77
REPORT AND RECOMMENDATIONS. It is recommended that the Defendants' motion to dismiss #36 be granted as to the Defendants Bryan Collier, Michael Britt, Vernon Mitchell, Joe Gonzales, Jerry Adams, Brandon Brewer, Jeffrey Layton, John Ragsdale, Steven Hemphill, James Smith, Ronald Grant, Robert A. Eldredge, Douglas Whitten, Guillermo Delarosa, Douglas Sparkman, and William Wheat, and that the claims against these Defendants be dismissed with prejudice. It is further recommended that the motion to dismiss be denied as to Defendant Sgt. Pedro Olayinka, and that Sgt. Olayinka be ordered to answer the lawsuit or otherwise plead within 14 days after the date of entry of the order denying his motion to dismiss. The dismissal of these claims and parties should have no effect upon the remaining claims and parties in the case. Signed by Magistrate Judge K. Nicole Mitchell on 08/06/20. (mll, )
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| Filing 76 RESPONSE in Opposition re #74 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P 12(b)(1) & (6) By Defendant Embra filed by Richard Scott Shafer. (mll, ) |
| Filing 75 REPORT AND RECOMMENDATIONS. It is recommended that the Defendants' motion to dismiss #34 be granted and the claims against the Defendants Gregory Dingas and Pam Pace be dismissed with prejudice for failure to state a claim upon which relief may be granted. It is further recommended that these Defendants be dismissed as parties to the lawsuit. The dismissal of these claims and parties should have no effect upon the remaining claims and parties in the case. Signed by Magistrate Judge K. Nicole Mitchell on 07/30/20. (mll, ) |
| Filing 74 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P 12(b)(1) & (6) By Defendant Embra by Joseph T Embra. (Attachments: #1 Text of Proposed Order)(Phillips, Benjamin) |
| Filing 73 Letter requesting docket sheet from Richard Scott Shafer (mll, ) |
| Filing 72 Marshal's Return of Service Executed as to Joseph T Embra on 6/22/2020, by cert mail; answer due: 7/22/2020. (mll, ) (Additional attachment(s) added on 7/5/2020: #1 Proof of Service) (mll, ). |
| Filing 71 OBJECTION to #59 Report and Recommendations by Richard Scott Shafer. (mll, ) |
| Filing 70 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #59 Report and Recommendations. Received 6/15/2020. (ndc) |
| Filing 69 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #61 Order on Motion for Extension of Time to File Response/Reply. Received 6/15/2020. (ndc) |
| Filing 68 RESPONSE in Opposition re #65 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P 12(b)(6) By Defendant Turner and REQUEST for Ruling on Submitted Motions Against the Defendants filed by Richard Scott Shafer. (mll, ) |
| Filing 67 MOTION for Default Judgment as to Defendants Catoe, Embra, and Turner by Richard Scott Shafer. (mll, ) |
| Filing 66 RESPONSE/Objections to #58 Order denying Motion to Appoint Counsel, #60 Order granting Motion for Extension of Time to Answer by Richard Scott Shafer. (mll, ) |
| Filing 65 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P 12(b)(6) By Defendant Turner by Felicia Turner. (Attachments: #1 Text of Proposed Order)(Phillips, Benjamin) |
| Filing 64 RESPONSE in Opposition re #54 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P 12(b) filed by Richard Scott Shafer. (mll, ) |
| Filing 63 MOTION for Default Judgment as to Defendants Jeffrey Catoe, Joseph Embra, and Felicia Turner by Richard Scott Shafer. (mll, ) |
| Filing 62 RESPONSE in Opposition re #55 MOTION for Extension of Time to File Answer filed by Richard Scott Shafer. (mll, ) |
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Filing 61
ORDER granting #56 Motion for Extension of Time to File Response/Reply re #54 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P 12(b) ; Responses due by 7/7/2020. Signed by Magistrate Judge K. Nicole Mitchell on 06/01/20. (mll, )
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Filing 60
ORDER granting #55 Motion for Extension of Time to Answer. The Attorney General shall have until 6-08-2020, in which to answer or otherwise plead on behalf of Felicia Turner. Signed by Magistrate Judge K. Nicole Mitchell on 06/01/20. (mll, )
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| Filing 59 REPORT AND RECOMMENDATIONS. It is recommended that Plaintiff's motion for a default judgment #53 be denied. Signed by Magistrate Judge K. Nicole Mitchell on 06/01/20. (mll, ) |
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Filing 58
ORDER denying #39 Motion to Appoint Counsel ; denying #57 Motion to Appoint Counsel. Signed by Magistrate Judge K. Nicole Mitchell on 06/01/20. (mll, )
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| Filing 57 MOTION to Appoint Counsel by Richard Scott Shafer. (mll, ) |
| Filing 56 MOTION for Extension of Time to File Response/Reply as to #54 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P 12(b) by Richard Scott Shafer. (mll, ) |
| Filing 55 MOTION for Extension of Time to File Answer re #52 Return of Service Executed, #49 Summons Issued, #29 Order to Answer, #42 Order Adopting Report and Recommendations, as to Defendant Felicia Turner by Office of the Attorney General - Amicus Curiae. (Attachments: #1 Text of Proposed Order)(Phillips, Benjamin) |
| Filing 54 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P 12(b) by Jeffrey Catoe. (Attachments: #1 Text of Proposed Order)(Phillips, Benjamin) |
| Filing 53 MOTION for Default Judgment as to Defendants Jeffrey Catoe, Joseph Embra, and Felcia Turner, by Richard Scott Shafer. (mll, ) |
| Filing 52 Marshal's Return of Service Executed as to Felicia Turner on 4/28/2020, by cert mail; answer due: 5/28/2020. (mll, ) (Additional attachment(s) added on 5/12/2020: #1 Proof of Service) (mll, ). |
| Filing 51 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #48 Order granting Sealed Motion; RECEIVED 5-01-2020. (mll, ) |
| Filing 50 Marshal's Return of Service Executed as to Jeffrey Catoe on 4/24/2020, by certified mail; answer due: 5/25/2020. (mll, ) (Additional attachment(s) added on 4/29/2020: #1 Proof of Service) (mll, ). |
| Filing 49 SUMMONS Issued as to Jeffrey Catoe, Joseph T Embra, Felicia Turner, and forwarded to the US Marshal for service. (mll, ) |
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Filing 48
ORDER granting #37 Sealed Motion. The Clerk shall issue summons on defendants Jeffrey Catoe, Joseph Embra, and Felicia Turner under sealed addresses. The US Marshall shall serve process on defendants without cost to the plaintiff. Signed by Magistrate Judge K. Nicole Mitchell on 04/20/20. (mll, )
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Filing 47
ORDER of DISMISSAL by USCA as to #44 Notice of Appeal filed by Richard Scott Shafer. (Attachments: #1 Mandate Letter)(ksd )
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| USCA Case Number 20-40233 for #44 Notice of Appeal filed by Richard Scott Shafer. (ksd ) |
| Filing 46 NOTICE by FNU Dingas, Pam Pace of Initial Disclosures (Wade, Landon) |
| Filing 45 MOTION for Order of Designation of Record on Appeal by Richard Scott Shafer. (mll, ) |
| Filing 44 NOTICE OF APPEAL as to #42 Order Adopting Report and Recommendations, by Richard Scott Shafer. (mll, ) |
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Filing 43
ORDER denying #13 Motion to advance cause. Signed by Magistrate Judge K. Nicole Mitchell on 3/19/2020. (gsg)
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Filing 42
ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation #28 is ADOPTED. Plaintiff's motions for injunctive relief (Docket Nos. #15 and #17 ) are hereby DENIED as MOOT. Signed by District Judge Jeremy D. Kernodle on 03/18/20. (mll, )
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| Filing 41 RESPONSE in Opposition re #36 MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. 12(b) filed by Richard Scott Shafer. (mll, ) |
| Filing 40 RESPONSE in Opposition re #34 MOTION to Dismiss Pursuant to Rule 12(b) filed by Richard Scott Shafer. (mll, ) |
| Filing 39 MOTION to Appoint Counsel by Richard Scott Shafer. (mll, ) |
| Filing 38 REDACTION to #37 SEALED MOTION for Permission to Seal Exhibit A and Notice in Response to the Court's Order to Answer by Office of the Attorney General - Amicus Curiae. (Phillips, Benjamin) |
| Filing 37 ***TERMED PER ORDER #136 *** SEALED MOTION for Permission to Seal Exhibit A and Notice in Response to the Court's Order to Answer by Office of the Attorney General - Amicus Curiae. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Phillips, Benjamin) Modified on 2/2/2021 (gsg). |
| Filing 36 *TERMED PER ORDER #136 * MOTION to Dismiss Pursuant to Fed. R. Civ. Proc. 12(b) by FNU Adams, Brandon L Brewer, Michael Britt, Bryan Collier, FNU Delarosa, Director of Food Services Department, Robert A Eldredge, Joe C Gonzales, Ronald C Grant, S Hemphill, Jeffrey A Layton, FNU Mitchell, Olayinka M Pedro, John E Ragsdale, James R Smith, Jr, William J Wheat, FNU Witten. (Attachments: #1 Text of Proposed Order)(Phillips, Benjamin) Modified on 2/2/2021 (efarris, ). |
| Filing 35 MOTION for Leave to File Motion to Dismiss Out of Time by FNU Adams, Brandon L Brewer, Michael Britt, Bryan Collier, FNU Delarosa, Director of Food Services Department, Robert A Eldredge, Joe C Gonzales, Ronald C Grant, S Hemphill, Jeffrey A Layton, FNU Mitchell, Olayinka M Pedro, John E Ragsdale, James R Smith, Jr, William J Wheat, FNU Witten. (Attachments: #1 Text of Proposed Order)(Phillips, Benjamin) |
| Filing 34 MOTION to Dismiss Pursuant to Rule 12(b) by FNU Dingas, Pam Pace. (Attachments: #1 Text of Proposed Order)(Wade, Landon) |
| Filing 33 OBJECTION to #28 Report and Recommendations by Richard Scott Shafer. (mll, ) |
| Filing 32 MOTION for Reconsideration re #27 Order denying Motion to Appoint Counsel, and MOTION for Evidentiary Hearing by Richard Scott Shafer. (mll, ) |
| Filing 31 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #29 Order to Answer. Received 1/27/2020. (ndc) |
| Filing 30 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer as to #28 Report and Recommendations. Received 1/27/2020. (ndc) |
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Filing 29
ORDER TO ANSWER AND SCHEDULING ORDER. Defendants shall have 30 days from the receipt hereof within which to answer or otherwise plead to the Plaintiff's complaint. Signed by Magistrate Judge K. Nicole Mitchell on 01/16/20. (mll, )
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| Filing 28 REPORT AND RECOMMENDATIONS. It is recommended that the Plaintiff's motions for injunctive relief (docket no.'s #15 and #17 ) be denied as moot. Signed by Magistrate Judge K. Nicole Mitchell on 01/16/20. (mll, ) |
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Filing 27
ORDER denying #3 Motion to Appoint Counsel. Signed by Magistrate Judge K. Nicole Mitchell on 01/16/20. (mll, )
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| Filing 26 NOTICE of Declaration by Richard Scott Shafer (mll, ) |
| Partial Filing fee paid per court order: $ 64.00, receipt number TXE600050379. (ksd ) |
| Filing 25 MOTION for Ruling on Motions by Richard Scott Shafer. (mjc, ) |
| Filing 24 DECLARATION by Richard Scott Shafer. (mjc, ) |
| Filing 23 NOTICE of submission of summons by Richard Scott Shafer. (mjc, ) |
| Filing 22 NOTICE OF FILING SUPPLEMENTAL INFORMATION by Richard Scott Shafer. (mjc, ) |
| Filing 21 NOTICE OF CULPABILITY/COPY OF CORRESPONDENCE by Richard Scott Shafer. (mjc, ) |
| Filing 20 NOTICE of Change of Address/Retaliation/Request for Docket Sheet by Richard Scott Shafer. Mailed docket sheet to the McConnell Unit. (mjc, ) |
| Filing 19 MOTION to Appoint Counsel by Richard Scott Shafer. (mjc, ) |
| Filing 18 Letter from Richard S. Shafer with grievance attached. Mailed docket sheet per request. (mjc, ) |
| Filing 17 MOTION for Order to Show Cause, MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Richard Scott Shafer. (Attachments: #1 Memorandum of Law, #2 Cover Letter, #3 Envelope(s))(ksd ) |
| Filing 16 NOTICE of filing exhibits by Richard Scott Shafer. (Attachments: #1 Grievances)(mjc, ) (Additional attachment(s) added on 8/16/2019: #2 More Grievances) (mjc, ). |
| Filing 15 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Richard Scott Shafer. (mjc, ) |
| Filing 14 NOTICE of Defendants' Cruel and Unusual Punishment by Richard Scott Shafer. (mjc, ) |
| Filing 13 MOTION to Advance Cause by Richard Scott Shafer. (Attachments: #1 Declaration)(mjc, ) |
| Filing 12 Letter from Richard Scott Shafer re retaliation. (mjc, ) |
| Filing 11 Letter from Richard Scott Shafer. (mjc, ) |
| INITIAL Partial Filing fee paid per court order: $ 64.00, receipt number 6-47456 (gsg) |
| Filing 10 Letter from Richard Scott Shafer re retaliation and harassment. (mjc, ) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Richard Scott Shafer. (Attachments: #1 Exhibit - Grievances, #2 Summons(es))(mjc, ) |
| Filing 8 NOTICE/SUBMISSION OF DOCUMENTS by Richard Scott Shafer. (Attachments: #1 Exhibit - Grievances, #2 Exhibit - Additional Grievances, #3 Exhibit - Letters, #4 Cover Letter/Envelope)(mjc, ) |
| Filing 7 ACKNOWLEDGMENT OF RECEIPT by Richard Scott Shafer on 4/30/2019 as to #6 Order for Initial Partial Filing Fee. (mjc, ) |
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Filing 6
ORDER for Initial Partial Filing Fee of $64.00 within 30 days for Richard Scott Shafer. Motion to proceed ifp #2 is granted. Signed by Magistrate Judge K. Nicole Mitchell on 4/23/2019. (mjc, )
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| Filing 4 CASE REFERRED to Magistrate Judge K. Nicole Mitchell. (mjc, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. Consent form mailed to Plaintiff. (mjc, ) |
| Filing 3 MOTION to Appoint Counsel by Richard Scott Shafer. (mjc, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis with data sheet by Richard Scott Shafer. (mjc, ) |
| Filing 1 COMPLAINT against FNU Adams, Brandon L Brewer, Michael Britt, Jeffrey Catoe, Bryan Collier, FNU Delarosa, FNU Dingas, Robert A Eldredge, Joseph T Embra, Joe C Gonzales, Ronald C Grant, S Hemphill, Jeffrey A Layton, FNU Mitchell, Julie D Nales, Pam Pace, Olayinka M Pedro, John E Ragsdale, James R Smith, Jr, Kevin W Thomas, William J Wheat, FNU Witten, filed by Richard Scott Shafer. (Attachments: #1 Declaration/Exhibits, #2 Background Information, #3 Summons(es))(mjc, ) (Additional attachment(s) added on 3/29/2019: #4 Exhibit - Additional Grievance) (mjc, ). |
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