Hinkley v. Johnson et al
| Tom E. Hinkley |
| Gerald K. Johnson, John P. Hinkley, Anthony R. Martineau, Ray G. Martineau, Jason W. Hardin, Jenifer E. Decker, Sara E. Bouley, Justin D. Heideman, Lorelei Naegle, Patrick J. Ascione, David McKay, Joseph E. Minnock, Adrienne A. Moss, Joel D. Taylor, Gregory M. Constantino, Fabian VanCott, Law Offices of Ray G. Martineau, Action Law Utah, Heideman & Associates, Snow, Christensen & Martineau, Awnings & More, Progressive Direct Insurance Company, Jeremy Robertson, Reed G. Scharman, Todd Zahl Mann, David Rainey, Stefanie Merrill-Hansen, Jordan Smith, Kara L. Pettit, Adam T. Mow, Rondald E. Kunz, City of West Jordan, Dirk Burton, Office of Professional Conduct and Utah Judicial Conduct Commission |
| 2:2026cv00471 |
| May 22, 2026 |
| U.S. District Court for the District of Utah |
| Jared C Bennett |
| Howard C Nielson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 16, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 52 DOCUMENTS LODGED consisting of Emergency Motion for Temporary Restraining Order and Preliminary Injunction and Exhibits, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Envelope Supplemental Notice of Filing, #2 Affidavit Declaration, #3 Exhibit 1, #4 Exhibit 1010, #5 Exhibit 1021, #6 Exhibit 1022)(dle) |
| Filing 51 DOCUMENTS LODGED consisting of Plaintiff's Objection (Third Supplemental) to Magistrate Judge's June 18, 2026 Report and Recommendation, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 50 DOCUMENTS LODGED consisting of Supplemental Objections to Magistrate Judge's June 18, 2026 Report and Recommendation and Renewed Emergency Motion for Temporary Restratining Order and Preliminary Injunction and Exhibits, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit Order of Eviction and Order of Restitution, #3 Exhibit 1010, #4 Exhibit 1012, #5 Exhibit 1013, #6 Exhibit 1014, #7 Exhibit 1015, #8 Exhibit 1016, #9 Exhibit 1017, #10 Exhibit 1018)(dle) |
| Filing 49 DOCUMENTS LODGED consisting of Supplemental Objections to the Magistrate Judges Report and Recommendation (Doc. 40) recommending dismissal with prejudice and renews his request for emergency injunctive relief, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 48 DOCUMENTS LODGED consisting of Status Update, Request for Formal Docketing, Emergency Motion for Temporary Restraining Order and Preliminary Injunction to Restore Possession, Return Personal Property and Evidence, and Stay Further Enforcement, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 47 NOTICE OF DEFICIENCY re #46 Objection to Report and Recommendations. The document contains an Emergency Motion for TRO/Preliminary Injunction which is prohibited pursuant to DUCivR 7-1(3). The clerk requests the filer of the objection to file the motion as a separate document. (dle) |
| Filing 46 DOCUMENTS LODGED consisting of OBJECTION to #40 Report and Recommendations, submitted filed by Tom E. Hinkley. (dle) Modified on 7/16/2026 by converting document to lodged docket entry per chambers (dle). |
Filing 45
ORDER denying #7 Motion to Appoint Counsel. Signed by Magistrate Judge Jared C. Bennett on 6/23/26 (alt)
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| Filing 44 DOCUMENTS LODGED per #8 Order styled as a Supplement to Emergency Motion with an exhibit, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 writ of execution) (alt) |
| Filing 43 DOCUMENTS LODGED per #8 Order consisting of lis pendens-related materials (two of which are near-duplicates), submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 2nd received document) (alt) Modified on 6/22/2026: corrected "lien" to "lis pendens" (alt) |
| Filing 42 DOCUMENTS LODGED consisting of Emergency Motion for Temporary Restraining Order and Preliminary Injunction, Exhibits,k submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Exhibit Exhibit Cover Page, #2 Exhibit Copy of Writ of Execution) (dle) |
| Filing 41 OBJECTION to #40 Report and Recommendation, filed by Tom E. Hinkley. (Emergency Motion for Temporary Restraining Order included in objection docketed separately, separate email supplied by plaintiff). (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibit Exhibit Cover Page, #3 Exhibit Order of Eviction) (dle) |
| Filing 40 REPORT AND RECOMMENDATION to Dismiss with Prejudice: Because Mr. Hinkley has failed to state a claim upon which relief can be granted, the court HEREBY RECOMMENDS that Mr. Hinkley's Amended Complaint be DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Jared C. Bennett on 6/18/2026. (dle) |
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Filing 39
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Jared C. Bennett on 6/18/2026. (dle)
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| Filing 38 DOCUMENTS LODGED consisting of Short Notice of Imminent June 19, 2026 Vacate Deadline and Request for Expedited Screening of First Amended Complaint, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 37 DOCUMENTS LODGED consisting of Supplemental Notice of New Circumstances, Proposed Order of Eviction Filed 6/16/2026 at 7:28 PM, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 36 DOCUMENTS LODGED consisting of Motion for Expedited Screening of First Amended Complaint, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 35 DOCUMENTS LODGED consisting of Supplemental Notice of New Circumstances, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 34 DOCUMENTS LODGED consisting of Combined Notice and Declaration of June 16, 2026 State Court Proceedings and Vexatious Litigant Order, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
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Filing 33
DOCKET TEXT ORDER. Plaintiff has filed a torrent of motions for preliminary injunctive relief, seeking orders staying state-court proceedings, orders requiring Defendants to restore water and garbage service to his property, and protective orders prohibiting Defendants from harassing or contacting him. See Dkt. Nos. 10, 24, 25, 28, 29, 32. The court denies Plaintiff's motions for preliminary relief to the extent he seeks an order staying enforcement of the writ of execution and staying state-court proceedings involving the enforcement of state-court judgments and orders related to the West Jordan property. See Dkt. No. 25 at 6. The court concludes that the requested relief is precluded under the Younger abstention doctrine. See Pennzoil Co. v. Texaco, Inc., 481 U.S. 1, 1314 (1987). The court also denies Plaintiff's motions for preliminary relief to the extent he seeks an order requiring Defendantspresumably the City of West Jordanto restore water and garbage service to his property. See Dkt. No. 28 at 8. Plaintiff has failed to show that he is likely to suffer irreparable harm absent preliminary relief. As the Tenth Circuit has explained, "[a]n unreasonable delay undercuts a finding of irreparable harm," and "a delay can justify the denial of a preliminary injunction." Colorado Motor Carriers Ass'n v. Town of Vail, 153 F.4th 1052, 1066 (10th Cir. 2025) (cleaned up). Plaintiff offers no explanation why he waited "more than six years" since "the City of West Jordan... shut off water service to the property" to seek emergency relief requiring restoration of that service. Dkt. No. 16 at 4 5. The court cannot conclude that "the delay was reasonable," and instead infers that the delay was "a decision by [Plaintiff] to sit on [his] rights." Colorado Motor Carriers Ass'n, 153 F.4th at 1066. Finally, the court denies Plaintiff's motions for preliminary relief to the extent he seeks a protective order prohibiting Defendants and their agents from harassing him, forcibly entering his property, or contacting him. See Dkt. No. 28 at 9. "[I]t is far from clear that federal courts have the authority to issue [such] orders of protection," Briglin v. Baker, 2018 WL 4692459, at *8 (W.D.N.Y. Oct. 1, 2018), which are "ordinarily obtained in state court," Kanhoye v. Atlanta, Inc., 2000 WL 35605091, at *2 (E.D.N.Y. Dec. 3, 2000). For all these reasons, to the extent Plaintiff seeks temporary restraining orders or preliminary injunctions, Docket Numbers 10, 24, 25, 28, 29, and 32 are DENIED. The court will not entertain further motions or requests for preliminary injunctive relief until Magistrate Judge Bennett rules on #2 Application to Proceed in District Court Without Prepaying Fees or Costs. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 06/16/2026. No attached document. (wsw)
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| Filing 32 DOCUMENTS LODGED consisting of Supplemental Consolidated Emergency Motion for Temporary Restraining Order, Appointment of Counsel, and Stay Pending Appeal in the Alternative, submitted by Tom E. Hinklwy. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 31 DOCUMENTS LODGED consisting of Motion for Appointment of Counsel, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 30 DOCUMENTS LODGED consisting of Proposed Order Granting Plaintiff's Motion for Temporary Restraining Order, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 29 DOCUMENTS LODGED consisting of Supplemental Consolidated Emergency Motion for Temporary Restraining Order, Appointment of Counsel, and Stay Pending Appeal in the Alternative, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 28 DOCUMENTS LODGED per #8 Order directing lodging of documents, consisting of Consolidated Motion for Temporary Restraining Order and Preliminary Injunction Staying Eviction, Order Directing Formal Filing of Lodged Documents, and Order Authorizing Alternative Service, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 27 DOCUMENTS LODGED per #8 Order directing lodging of documents, consisting of Notice of Filing and Request that Lodged Documents be Formally Filed on the Docket, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Exhibit Motion for Appointment of Counsel (pending at #7 , #2 Exhibit Emergency Motion for TRO, lodged at #25 ) (dle) |
| Filing 26 DOCUMENTS LODGED consisting of Acknowledgment of Receipt (Proof of Service) of Summonses, Complaint, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 25 DOCUMENTS LODGED consisting of Emergency Motion for Temporary Restraining Order and Preliminary Injunction to Stay June 16, 2026 State Court Hearing and Writ of Execution, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 24 DOCUMENTS LODGED consisting of Emergency Motion for Temporary Restraining Order and Preliminary Injunction, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 20 DOCUMENTS LODGED consisting of Supplemental Declaration in Support of Plaintiff's Motion for Emergency Temporary Restraining Order, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Exhibit, #2 Exhibit Master Exhibit List, #3 Exhibit 19A, #4 Exhibit 1000 Photographs and Documents Showing Fire, #5 Exhibit 1000, #6 Exhibit 1001, #7 Exhibit 1004, #8 Exhibit 1005)(dle) |
| Filing 19 DOCUMENTS LODGED consisting of Proposed Order, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 23 DOCUMENT LODGED per #8 Order consisting of Motion for Appointment of Counsel, submitted by Tom E. Hinkley Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Cover Letter) (alt) |
| Filing 22 DOCUMENTS LODGED per #8 Order styled as Acknowledgments of Receipt, submitted by Tom E. Hinkley Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (alt) |
| Filing 21 DOCUMENT LODGED per #8 Order consisting of another copy of document lodged at #18 on the docket, submitted by Tom E. Hinkley in paper. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (alt) |
| Filing 18 DOCUMENT LODGED per #8 Order consisting of Supplemental Declaration, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (alt) |
| Filing 17 DOCUMENTS LODGED consisting of Request for Expedited Hearing or Status Conference on Motion for Preliminary Injunction, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 16 DOCUMENTS LODGED consisting of First Amended Complaint, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Supplement Second First Amended Complaint) (dle) |
| Filing 15 DOCUMENTS LODGED consisting of Notice of Filing in Related State Court Proceedings, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Exhibit A) (dle) |
| Filing 14 DOCUMENTS LODGED consisting of Supplemental Memorandum in Support of Motion for Summary Judgment, submitted by Tom E. Hinkley. Lodged per #8 Order. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 13 DOCUMENTS LODGED consisting of Motion for Leave to File Amended Complaint, Notice of Recent State Court Developments, submitted by Tom E. Hinkley. Lodged per #8 Order. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (dle) |
| Filing 12 DOCUMENTS LODGED consisting of Second Supplemental Affidavit, Confirmation of Filing, Second Supplemental Affidavit, Letter, submitted by Tom E. Hinkley. Lodged per #8 Order. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Exhibit Confirmation of Filing, #2 Exhibit Notice of Filing, #3 Exhibit Letter)(dle) |
| Filing 11 DOCUMENTS LODGED consisting of Amended Complaint Packet, State Court Filings, submitted by Tom E. Hinkley. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Exhibit, #2 Exhibit State Court Filing) (dle) |
| Filing 10 DOCUMENTS LODGED consisting of "Emergency Motion for TRO" and supporting documents. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Transmittal Letter, #2 Exhibit 200, #3 Exhibit 201, #4 West Jordan PD criminal complaint, #5 proposed order)(alf) |
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Filing 9
DOCKET TEXT ORDER. The court has carefully reviewed #1 and #3 Emergency Combined Complaint and Motion for Temporary Restraining Order, Preliminary Injunction, Contempt, Summary Judgment, Sanctions, and Appointment of Counsel, as well as the exhibits submitted in support. Although the filing includes a few background factual paragraphs and several exhibits, Plaintiff fails to connect any of the alleged facts or exhibits to any of the four claims he asserts. Based on its review of Plaintiff's filings, the court cannot say that he has even stated any claim for relieflet alone conclude that he has demonstrated that he is likely to succeed on the merits of any claim, as he must to obtain a temporary restraining order or a preliminary injunction. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7 (2008); Stuber v. Lucky's Auto Credit, LLC, 478 F. Supp. 3d 1205, 1208 (D. Utah 2020). For these reasons, to the extent Plaintiff seeks a temporary restraining order or preliminary injunction, #3 Emergency Combined Complaint and Motion for Temporary Restraining Order, Preliminary Injunction, Contempt, Summary Judgment, Sanctions, and Appointment of Counsel is DENIED. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 05/28/2026. No attached document. (wsw)
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Filing 8
ORDER temporarily granting #2 Motion for Leave to Proceed in forma pauperis. The court will screen Plaintiffs complaint under 28 U.S.C. 1915(e)(2) and DUCivR 3-2(b). The time to serve the complaint is tolled until further order of the court. If this case is allowed to proceed, the court will order service of process on Defendant(s). Plaintiff must not file any documents during the time the complaint is being screened other than (1) a response to a court order that requires a response, or (2) other court forms (e.g., the email filing and electronic notification form for unrepresented parties and the consent to jurisdiction of a Magistrate Judge form). Any other document Plaintiff files will be lodged on the docket and will not be addressed until screening of the complaint is completed. Signed by Magistrate Judge Jared C. Bennett on 05/27/2026. (sg)
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| Filing 7 MOTION to Appoint Counsel, filed by Plaintiff Tom E. Hinkley. (Attachments: #1 Exhibit 1, #2 Exhibit Notice of Lis Pendens, #3 Affidavit Second Supplemental Affidavit) Motions referred to Jared C. Bennett. (dle) (Attachment 1 replaced on 6/5/2026) (kec). Modified on 6/10/2026 by unterminating motion (dle). |
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Filing 6
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(B), Magistrate Judge to handle case up to and including R&R on all dispositive matters. No attached document. Motions referred to Jared C. Bennett. Signed by Judge Howard C. Nielson, Jr., on 5/27/2026. (dle)
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Filing 5
DOCKET TEXT ORDER REFERRING MOTION #2 MOTION for Leave to Proceed in forma pauperis. (Received by the court on: 5/22/2026) filed by Tom E. Hinkley Motions referred to Jared C. Bennett. Signed by Judge Howard C. Nielson, Jr on 5/26/2026. (ks)
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| Filing 4 NOTICE of Email Filing and Notification Form by Tom E. Hinkley. (kop) |
| Filing 3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Summary Judgment, MOTION for Sanctions, MOTION to Appoint Counsel, MOTION Contempt filed by Plaintiff Tom E. Hinkley. (kop) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis. (Received by the court on: 5/22/2026) filed by Plaintiff Tom E. Hinkley. (kop) |
| Filing 1 COMPLAINT against All Defendants (Originally received by the court on 5/22/2026). (Fee Status: pending IFP) filed by Tom E. Hinkley. (Attachments: #1 Civil Cover Sheet, #2 Cover page & Index, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 7, #6 Exhibit 15, #7 Exhibit 114, #8 Exhibit 115, #9 Exhibit 116, #10 Exhibit 117) Assigned to Judge Howard C. Nielson, Jr. (kop) (Additional attachment(s) added on 5/22/2026: #11 Exhibit List of Exhibits) (kop). |
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