De'Lonta v. Johnson et al
| Ophelia De'Lonta |
| Gene Johnson, Eddie L. Pearson, P. C. Hunnel, Susan Carson, Anthony Scott, Investigator Poe, Investigator Serrano, John Bendrick and Sheri Anderson |
| 1:2009cv01167 |
| October 16, 2009 |
| US District Court for the Eastern District of Virginia |
| Alexandria Office |
| Goochland |
| Theresa Carroll Buchanan |
| T. S. Ellis |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 7, 2011. A more recent docket listing may be available from PACER.
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| Filing 76 PRISONER PAYMENT: $ 6.30, receipt number 14683021487 (Attachments: # 1 Voucher) (pmil) |
| Filing 75 REPORT AND RECOMMENDATIONS re: 67 MOTION for Default Judgment as to Sheree Anderson filed by Ophelia De'Lonta; Objections to R&R due by 5/17/2011. Signed by Magistrate Judge Theresa Carroll Buchanan on 05/02/11. (pmil) |
| Filing 74 PRISONER PAYMENT: $ 17.00, receipt number 14683020657 (Attachments: # 1 Voucher) (pmil) |
| Filing 73 USCA Rule 42(b) Mandate re 62 Notice of Appeal, This court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the FRAP. (nmck, ) |
Filing 72
ORDER of USCA as to 62 Notice of Appeal, filed by Ophelia De'Lonta. Upon consideration of the motion to dismiss this appeal pursuant to Rule 42(b) of the FRAP, and there appearing no opposition, the court grants the motion. (nmck, )
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| Filing 71 Minute Entry for proceedings held before Magistrate Judge Theresa Carroll Buchanan: Motion Hearing held on 4/1/2011 re 67 MOTION for Default Judgment as to Sheree Anderson filed by Ophelia De'Lonta. Appearance by plaintiff's counsel. Motion is uncontested. Matter taken under advisement with Report and Recommendation to follow. (Tape #FTR.) (gwal, ) |
| MOTIONS REFERRED to Magistrate Judge: Buchanan. 67 MOTION for Default Judgment as to Sheree Anderson (clar, ) |
| Set Deadlines as to 67 MOTION for Default Judgment as to Sheree Anderson. Motion Hearing set for 4/1/2011 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (clar, ) |
| Assembled INITIAL Electronic Record Transmitted to 4CCA re 62 Notice of Appeal, (nmck, ) |
| Filing 70 NOTICE by Ophelia De'Lonta re 61 Clerk's Entry of Default Notice of Mailing (Manitta, Lana) |
| Filing 69 Notice of Hearing Date set for 04/01/2011 re 67 MOTION for Default Judgment as to Sheree Anderson (Manitta, Lana) |
| Filing 68 Memorandum in Support re 67 MOTION for Default Judgment as to Sheree Anderson filed by Ophelia De'Lonta. (Attachments: # 1 Exhibit Affidavit of Ophelia DeLonta, # 2 Exhibit Affidavit of Vernon Poe, # 3 Exhibit Written Notice of Termination)(Manitta, Lana) |
| Filing 67 MOTION for Default Judgment as to Sheree Anderson by Ophelia De'Lonta. (Manitta, Lana) |
| Filing 66 Letter to court from USCA, please transmit the record to this office. (nmck, ) |
| Filing 65 USCA Case Number 11-6374 4th Circuit, case manager RJ Warren for 62 Notice of Appeal, filed by Ophelia De'Lonta. (nmck, ) |
| Filing 64 AMENDED Transmission of Notice of Appeal to US Court of Appeals re 62 Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (nmck, ) |
| Filing 63 Transmission of Notice of Appeal to US Court of Appeals re 62 Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (nmck, ) |
| Filing 62 NOTICE OF APPEAL as to 51 Order on Motion for Summary Judgment, dated 2/24/11 52 Clerk's Judgment dated 2/25/11 by Ophelia De'Lonta. Appeal fee not paid. Copy mailed to pltf. (Attachments: # 1 Envelope)(nmck, ) Modified on 3/16/2011 to edit text (nmck, ). |
| Filing 61 Clerk's ENTRY OF DEFAULT as to Sheri Anderson (Sheree Anderson) (pmil) |
| Filing 60 Request for Entry of Default as to Defendant Sheree Anderson by Ophelia De'Lonta. (Manitta, Lana) |
| Notice of Correction re: 60 Request for Entry of Default as to Defendant Sheree Anderson. The filing user has been notified, for future reference, to include a complete signature block as to the Certificate of Service. (pmil) |
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Filing 59
ORDER that pltf immediately seek and obtain the entry of default from the Clerk pursuant to Rule 55(a), FRCP. Promptly after obtaining the entry of default, pltf is DIRECTED to file a motion for default judgment and an accompanying memorandum setting forth the factual and legal support for findings (i) that this Court has subject matter and personal jurisdiction, including how the defaulting deft was served and why that service was proper; (ii) that the complaint alleges facts establishing all of the necessary elements of one or more claims on which relief can be granted; and (iii) that pltfs are entitled to the damages and any other relief sought, with specific references to affidavits, declarations, or other evidence supporting such relief. Pltfs file a notice setting the hearing of the motion for default judgment for 10:00 a.m. on Friday, 04/01/11, before the magistrate judge to whom this action is referred, and mail copies of the notice, motion, and memorandum to the defaulting deft at that deft's last known address, certifying the same to the Court; this matter is REFERRED to the assigned magistrate judge pursuant to 28 USC sect. 636 for all further default proceedings and for preparation of a prompt report and recommendation. Signed by District Judge T. S. Ellis, III on 03/04/11. Copies mailed: yes (pmil)
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| Filing 58 PRISONER PAYMENT: $ 35.00, receipt number 14683019878 (Attachments: # 1 Payment Voucher) (pmil) |
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Filing 56
ORDER that pltf's 53 Motion to Reconsider Judgment pursuant to FRCP 60(b) be and is GRANTED and the Court's 02/24/11 Order be and is AMENDED to vacate the dismissal of the matter against deft Sheree Anderson, without prejudice; the Clerk is directed to REOPEN this action (see Order for details). Signed by District Judge T. S. Ellis, III on 03/02/11. (pmil)
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| Filing 55 CERTIFICATE of Service re 54 Memorandum in Support, 53 MOTION Relief Pursuant to FRCP 60(b) by Lana Marie Manitta on behalf of Ophelia De'Lonta (Manitta, Lana) |
| Notice of Correction re: 54 Memorandum in Support, 53 MOTION Relief Pursuant to FRCP 60(b). The filing user has been notified to file a separate Certificate of Service. (pmil) |
| Filing 54 Memorandum in Support re 53 MOTION Relief Pursuant to FRCP 60(b) filed by Ophelia De'Lonta. (Attachments: # 1 Exhibit Affidavit/Certifice re: Service)(Manitta, Lana) |
| Filing 53 MOTION Relief Pursuant to FRCP 60(b) by Ophelia De'Lonta. (Manitta, Lana) |
| Filing 52 JUDGMENT is hereby entered in favor of the defts', Anthony Scott and Eddie L. Pearson and against the pltf, Ophelia De'Lonta. (Entered by Clerk of Court on 02/25/11 pursuant to FRCP 58) (pmil) |
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Filing 51
ORDER that the defts' 40 Motion to Strike be and is DENIED; defts' 20 Motion for Summary Judgment be and is GRANTED; summary judgment be and is entered on behalf of deft Eddie L. Pearson and deft Anthony Scott (see Order for details). Signed by District Judge T. S. Ellis, III on 02/24/11. (pmil)
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Filing 50
MEMORANDUM OPINION Re: Defts' Motion for Summary Judgment. Signed by District Judge T. S. Ellis, III on 02/24/11. (pmil)
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| Filing 49 Letter from Pltf's counsel in response to the January 31, 2011 Order. (pmil) |
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Filing 48
ORDER that pltf is given twenty (20) days from the date of this Order to obtain discovery in accordance with FRCP 37; unless the pltf or defts explicitly request additional time for filing additional materials, the case will be considered ripe for disposition twenty (20) days after the date of this Order (see Order for details). Signed by District Judge T. S. Ellis, III on 01/31/11. (pmil)
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| Filing 47 PRISONER PAYMENT: $ 15.00, receipt number 14683018692 (Attachments: # 1 Payment Voucher) (pmil) |
| Filing 46 AMENDED COMPLAINT - Certificate of Compliance as to Sheri Anderson; served on 9/21/2010. (pmil) |
| Filing 45 PRISONER PAYMENT: $ 18.02, receipt number 14683016003 (Attachments: # 1 Voucher) (pmil) |
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Filing 44
ORDER that pltf's 42 Motion for Extension of Time to File an Opposition to Deft's Motion to Strike be and is GRANTED. The Court will accept pltf's Opposition that was filed on 08/19/10. Signed by District Judge T. S. Ellis, III on 08/23/10. (pmil)
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| Filing 43 Opposition to 40 MOTION to Strike 38 NOTICE filed by Ophelia De'Lonta. (Manitta, Lana) |
| Filing 42 MOTION for Extension of Time to File Response/Reply as to 40 MOTION to Strike 38 NOTICE by Ophelia De'Lonta. (Attachments: # 1 Proposed Order)(Manitta, Lana) |
| Filing 41 Letter to the Hon. T. S. Ellis, III. (Muse, William) |
| Filing 40 MOTION to Strike 38 NOTICE by Eddie L. Pearson, Anthony Scott. (Muse, William) |
| Notice of Correction: re: 40 MOTION to Strike 38 NOTICE. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (pmil) |
| Filing 38 NOTICE by Ophelia De'Lonta re 27 Opposition, Submission of Exhibit (Attachments: # 1 Exhibit Affidavit of Ophelia DeLonta)(Manitta, Lana) |
| Filing 39 Summons Returned Unexecuted as to Sheri Anderson. (pmil) |
| Filing 37 Letter to the Hon. T. S. Ellis, III. (Muse, William) |
| Filing 36 NOTICE - Pursuant to the Local Rules of this Court and the E-Filing Policies and Procedures manual, electronic case filing is mandatory; therefore, the paper document (return of service regarding subpoena for Robin Lynk, Custodian of Records, Henrico Federal Credit Union) was returned to counsel for Ophelia De'Lonta (stas) |
| Filing 35 Prisoner payment received: $ 9.10, receipt number 14683014712. (Attachments: # 1 Voucher) (stas) |
| Filing 34 Summons Issued for service by US Marshal as to Sheri Anderson. (pmil) |
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Filing 33
ORDER that pltf's 31 Motion for Extension of Time be and is GRANTED. Pltf shall have an additional sixty days to serve deft Anderson (see Order for details). Signed by District Judge T. S. Ellis, III on 06/28/10. (pmil)
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| Notice of Correction: re: 32 NOTICE. The filing user has been notified that the Notice of Submission document should have been filed with the proposed order attached. (pmil) |
| Filing 32 Submission of Proposed Order by Ophelia De'Lonta re: 31 MOTION for Extension of Time in Which to Serve Defendant (Manitta, Lana) Modified on 6/24/2010 to add and delete text (pmil). |
| Filing 31 MOTION for Extension of Time in Which to Serve Defendant by Ophelia De'Lonta. (Manitta, Lana) |
| Notice of Correction: re: 31 MOTION for Extension of Time in Which to Serve Defendant. The filing user has been notified to file a proposed order. (pmil) |
| Filing 30 Reply to 27 Opposition, to Motion for Summary Judgment filed by Gene Johnson, Eddie L. Pearson. (Attachments: # 1 Exhibit I - Affidavit of Porterfield, Part 1 of 2, # 2 Exhibit I - Affidavit of Porterfield, Part 2 of 2)(Muse, William) |
| Filing 29 PRISONER PAYMENT: $ 11.30, receipt number 14683014076 (Attachments: # 1 Voucher) (pmil) |
| Filing 28 Opposition to 20 MOTION for Summary Judgment (Supplemental Exhibit) filed by Ophelia De'Lonta. (Attachments: # 1 Exhibit J)(Manitta, Lana) |
| Filing 27 Opposition to 20 MOTION for Summary Judgment filed by Ophelia De'Lonta. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Manitta, Lana) |
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Filing 26
ORDER that pltf's 23 Motion for Enlargement of Time in which to File a Responsive Brief is GRANTED. Accordingly, pltf's deadline to file a response to defts' motion for summary judgment is EXTENDED to 5:00 p.m., Wednesday, 06/02/10. Signed by District Judge T. S. Ellis, III on 05/13/10. (pmil)
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| Filing 25 Waiver of re 23 First MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment Waiver of Oral Argument by Ophelia De'Lonta. (Manitta, Lana) |
| Filing 24 SUPPLEMENT to MOTION for Extension of Time to File Response/Reply re: 23 First MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment Supplemental Pleading by Ophelia De'Lonta. (Manitta, Lana) Modified on 5/13/2010 to edit text and terminate Motion (pmil). |
| Filing 23 First MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment by Ophelia De'Lonta. (Manitta, Lana) |
| Notice of Correction: re: 23 First MOTION for Extension of Time to File Response/Reply to Motion for Summary Judgment. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument.; Re: 24 MOTION for Extension of Time to File Response/Reply as to 23 First MOTION for Extension of Time to File Response/Reply. The filing user selected the wrong event. Motion for Extension of Time to File Response/Reply was selected, and Notice(other) should have been selected, texting "Supplement" in the white text box and linking to the original Motion, no. 23. The docket has been corrected. (pmil) |
| Filing 22 PLRA Filing fee: $ 34.09, receipt number 14683013449 (Attachments: # 1 Remittance Voucher) (nmck, ) |
| Filing 21 Brief in Support to 20 MOTION for Summary Judgment filed by Eddie L. Pearson, Anthony Scott. (Attachments: # 1 Exhibit I - Carson affidavit - part 1 of 2, # 2 Exhibit I - Carson affidavit - part 2 of 2, # 3 Exhibit II - Poe affidavit - part 1 of 2, # 4 Exhibit II - Poe affidavit - part 2 of 2, # 5 Exhibit III - Pearson affidavit, # 6 Exhibit IV - Scott affidavit)(Muse, William) |
| Filing 20 MOTION for Summary Judgment by Eddie L. Pearson, Anthony Scott. (Muse, William) |
| Filing 19 ANSWER to Complaint by Eddie L. Pearson, Anthony Scott.(Muse, William) |
| Filing 18 NOTICE of Appearance by William Wayne Muse on behalf of Eddie L. Pearson, Anthony Scott (Muse, William) |
| Notice of Correction: re: 21 Brief in Support - Exhibits. Counsel has been notified that some of the documents filed within the Exhibits were skewed/not right side up. All documents must be filed right side up. (pmil) |
| Notice of Correction: re: 17 NOTICE. The filing user has been notified to file future documents with the correct signature block as to the document and Certificate of Service. (pmil) |
| Filing 17 NOTICE by Ophelia De'Lonta Notice of Transfer (Manitta, Lana) |
| Filing 16 PLRA Filing fee received: $ 80.11, receipt number 14683012440. (Attachments: # 1 Voucher) (tche) |
| Filing 15 Letter to the Court from Commonwealth of Virginia, Office of Attorney General advising the Court that they are unable to waive service for Deft Sheri Anderson as she is no longer employed by the Virginia Department of Corrections. (pmil) |
| Filing 14 WAIVER OF SERVICE Returned Executed as to Eddie L. Pearson waiver sent on 2/25/2010, answer due 4/26/2010; Anthony Scott waiver sent on 2/25/2010, answer due 4/26/2010. (Attachments: # 1 Cover Letter)(pmil) |
| Filing 13 Notice of Lawsuit and Request for Waiver of Service of Summons form sent to Eddie Pearson, Anthony Scott, and Sheri Anderson on February 25, 2010. (tche) |
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Filing 12
ORDERED that the petitioner's request to proceed in forma pauperis (Docket # 2) be and is GRANTED; and it is further ORDERED that the petition be and is FILED in forma pauperis. Plaintiff is advised that failure to leave twenty percent (20%) of her monthly deposits in her inmate account in accordance with the Consent Form constitutes cause for immediate dismissal of this action; and it is further ORDERED that defendants file an answer or other responsive pleadings to the complaint in accordance with the attached Notice of Lawsuit and Request for Waiver of Service of Summons. Defendants are advised that it is normal practice in pro se prisoner civil actions for defendants to file dispositive motions, if warranted and appropriate, before the start of discovery; and it is further ORDERED that, within twenty (20) days of the defendants filing any responsive pleading, the plaintiff file any reply, including counter-affidavits (sworn statements subject to the penalty of perjury), or other responsive material contesting the affidavits or records filed by defendants. See E.D. Va. Local Civ. R. 7(K); Roseboro v. Garrison. 528 F.2d 309 (4th Cir. 1975). Unless the plaintiff or defendants explicitly request additional time for filing additional materials, the case will be considered ripe for disposition twenty (20) days after defendants file a responsive pleading; and it is further ORDERED that plaintiff serve a copy of every document plaintiff files in this proceeding upon all parties by mailing the document to each party's counsel, pursuant to Fed. R. Civ. P. 5; and it is further ORDERED that plaintiffs failure to notify the Court immediately in the event she is transferred, released, or otherwise relocated, may result in the dismissal of this complaint pursuant to Fed. R. Civ. P. 41 (b); and it is further ORDERED that plaintiff be advised that if the Court is unable to effect service on the defendants through this Order and the defendants are not otherwise served within 120 days of filing,1 the defendants will be dismissed from the instant action without prejudice. See Fed. R. Civ. P. 4(m); and it is further ORDERED that plaintiffs correctional institution is DIRECTED to send to this Court an initial filing fee of $80.11 within thirty (30) days of the date of this Order. Subsequently, plaintiffs correctional institution is DIRECTED to submit twenty percent (20%) of plaintiffs preceding month's income any time her monthly account balance is at least $10.00 until the full $350.00 filing fee has been paid. Should plaintiff fail to keep twenty percent (20%) of her preceding month's income in her account, the correctional institution is DIRECTED to complete the enclosed Report of Violation of the Consent Order and return it to this Court; and it is further ORDERED that Lana M. Manitta, at Rich Rosenthal Brincefield Manitta Dzubin & Kroeger, LLP, 201 North Union Street, Suite 140, Alexandria, Virginia 22314, be and is APPOINTED as counsel for plaintiff, Ophelia De'Lonta. Signed by District Judge T. S. Ellis, III on 2/24/2010. (tche)
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| Filing 11 Letter to the Court by Ophelia Delonta re: Status of case. (pmil) |
| Filing 10 PRISONER AMENDED COMPLAINT against Others Presently Unknown, Sheri Anderson, Eddie L. Pearson, Anthony Scott filed by Ophelia De'Lonta. (Attachments: # 1 Cover Letter, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6)(pmil) |
| Filing 9 VERIFIED STATEMENT by Ophelia De'Lonta. (pmil) |
| Filing 8 Prisoner Consent Form by Ophelia De'Lonta. (pmil) |
| Filing 7 Letter to the Court by Ophelia De'lonta re: status as to service on the defts. (pmil) |
| Filing 6 Prisoner Trust Fund Account Statement. (pmil) |
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Filing 5
ORDER that the complaint be and is conditionally filed pending compliance with the requirements of this order, that the pltf is assessed a filing fee of $350.00 pursuant to 28 U.S.C. 1914(a), that pltf either (1) pay the $350.00 filing fee or (2) complete the attached Consent Form. If the court grants pltf in forma pauperis status, pltf will be required to pay the filing fee in installments after first paying an initial filing fee. FAILURE TO PAY THE $350.00 FILING FEE OR TO RETURN THE COMPLETED ATTACHED FORMS WITHIN THIRTY (30) DAYS WILL RESULT IN DISMISSAL OF THIS ACTION WITHOUT PREJUDICE, that the clerk request pltf's institituion to provide an Inmate Account Report Form on pltf within thirty (30) days of the date of this order, and pltf particularize and amend her complaint within thirty (30) days of the date of this order. The clerk is directed to send a copy of this order, a Consent Form, and the exhaustion affidavit to pltf, as well as a copy of this order and the Inmate Account Report Form to pltf's current institution of confinement.. Signed by District Judge T. S. Ellis, III on 11/30/09. Copies mailed.(nmck, )
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| Filing 4 Letter to the Court by Ophelia De'Lonta re: Status of case. (pmil) |
| Filing 3 CONSENT to Jurisdiction by US Magistrate Judge by Ophelia De'Lonta. (pmil) |
| Filing 2 Request to proceed in forma pauperis by Ophelia De'Lonta. (pmil) |
| Filing 1 PRISONER COMPLAINT administratively filed by Ophelia De'Lonta against Sheri Anderson, Gene Johnson, Eddie L. Pearson, P. C. Hunnel, Susan Carson, Anthony Scott, Investigator Poe, Investigator Serrano, John Bendrick. (Attachments: # 1 Prisoner Data Report, # 2 Exhibit A)(pmil) |
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