Johnson v. Virginia Department Of Corrections et al
| Kevin Johnson |
| Virginia Department Of Corrections, Chadwick S. Dotson, A. David Robinson, Beth Cabell, Warden Kemsy Bowles, Kevin McCoy, Matthew Blaha, Brooks Wallace, Officer Smith, Rick White, D. Trent, E. Creech, J. Monihan, Johnny Hall and Major Johnny Hall |
| 3:2024cv00080 |
| February 5, 2024 |
| US District Court for the Eastern District of Virginia |
| Henry E Hudson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.
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Filing 37
ORDER (Granting Plaintiff's Motions to Withdraw) that the Motions (ECF Nos. #34 , #35 , #36 ) are GRANTED. The Motion for Preliminary Injunction (ECF No. #22 ), Motion for Writ of Habeas Corpus Ad Testificandum (ECF No. #28 ), and prose Notice to Court (ECF No. #31 ) are deemed WITHDRAWN. Additionally, the hearing scheduled for March 11, 2024, is hereby CANCELED and the witnesses are released from subpoenas. It is so ORDERED. Signed by District Judge Henry E. Hudson on 3/6/2024. (jenjones, )
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| Filing 36 Motion by Kevin Johnson re #31 NOTICE (Krudys, Mark) Modified docket text on 3/6/2024 (jenjones, ). |
| Filing 35 Motion by Kevin Johnson re #28 MOTION for Writ of Habeas Corpus ad testificandum (Krudys, Mark) Modified docket text on 3/6/2024 (jenjones, ). |
| Filing 34 Motion by Kevin Johnson re #22 MOTION for Preliminary Injunction (Attachments: #1 Proposed Order)(Krudys, Mark) Modified docket text on 3/6/2024 (jenjones, ). |
| Filing 33 Corrected Plaintiff's Preliminary Hearing Witness List by Kevin Johnson. (Krudys, Mark) |
| Filing 32 Plaintiff's Preliminary Injunction Hearing Witness List by Kevin Johnson. (Krudys, Mark) |
| Filing 31 WITHDRAWN per #37 ORDER NOTICE to Court by Kevin Johnson. (Attachments: #1 Cover Letter, #2 Envelope)(jenjones, ) Modified on 3/6/2024 (jenjones, ). |
| Filing 30 RESPONSE in Opposition re #22 MOTION for Preliminary Injunction filed by Matthew Blaha, Kemsy Bowles, Beth Cabell, E. Creech, Chadwick S. Dotson, Johnny Hall, Kevin McCoy, J. Monihan, A. David Robinson, Smith, D. Trent, Virginia Department Of Corrections, Brooks Wallace, Rick White. (Attachments: #1 Exhibit Declaration by Beth Cabell)(Sessoms, Stacie) |
| Filing 29 Memorandum in Support re #28 MOTION for Writ of Habeas Corpus ad testificandum filed by Kevin Johnson. (Zemel, Daniel) |
| Filing 28 WITHDRAWN per #37 ORDER MOTION for Writ of Habeas Corpus ad testificandum by Kevin Johnson. (Attachments: #1 Proposed Order)(Zemel, Daniel) Modified on 3/6/2024 (jenjones, ). |
| Set Hearings as to #22 Motion for Preliminary Injunction: Motion Hearing set for 3/11/2024 at 9:00 AM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (rpiz) |
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Filing 27
ORDER (Granting in Part Plaintiff's Motion for Expedited Briefing) that THIS MATTER is before the Court on Plaintiff Kevin Johnson's ("Plaintiff') Motion for Expedited Briefing and Hearing on Plaintiff's Motion for Preliminary Injunction (the "Motion," ECF No. #24 ), filed on February 23, 2024. Given the urgency of Plaintiff's situation, the Court agrees that an expedited briefing schedule is appropriate. It is hereby ORDERED that Defendants shall have TEN (10) days from the date the Motion for Preliminary Injunction was filed to file their response and Plaintiff shall have FIVE (5) days thereafter to file his reply. The Court will contact the parties to schedule a hearing on the Motion for Preliminary Injunction as soon as the Court's schedule permits. Accordingly, Plaintiff's Motion is GRANTED IN PART. It is so ORDERED. Signed by District Judge Henry E. Hudson on 2/27/2024. (jenjones, )
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| Filing 26 RESPONSE in Opposition re #24 MOTION to Expedite filed by Matthew Blaha, Kemsy Bowles, Beth Cabell, E. Creech, Chadwick S. Dotson, Johnny Hall, Kevin McCoy, J. Monihan, A. David Robinson, Smith, D. Trent, Virginia Department Of Corrections, Brooks Wallace, Rick White. (Attachments: #1 Proposed Order Denying Plaintiff's Motion to Expedite Briefing and Hearing for Plaintiff's Motion for a Preliminary Injunction)(Sessoms, Stacie) |
| Filing 25 Memorandum in Support re #24 MOTION to Expedite filed by Kevin Johnson. (Zemel, Daniel) |
| Filing 24 MOTION to Expedite by Kevin Johnson. (Attachments: #1 Proposed Order)(Zemel, Daniel) |
| Filing 23 Memorandum in Support re #22 MOTION for Preliminary Injunction filed by Kevin Johnson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Zemel, Daniel) |
| Filing 22 WITHDRAWN per #37 ORDER MOTION for Preliminary Injunction by Kevin Johnson. (Attachments: #1 Proposed Order)(Zemel, Daniel) Modified on 3/6/2024 (jenjones, ). |
| Notice of Correction re #20 : Filing attorney reminded that future Consent Orders should not be uploaded this format. Proper format is a main document and then the proposed consent order attached. No further action is needed. (jenjones, ) |
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Filing 21
CONSENT ORDER (Denying Plaintiff's Motion for Temporary Restraining Order as Moot) The Court has been advised that the parties have reached an agreement that during the refeeding process Virginia Department of Corrections officers will step outside the room while food or fluid is consumed by Plaintiff by mouth as long as no other person is in the room with Plaintiff and the IV pole has been removed from the room. Officers will maintain visual observation of Plaintiff and will re-enter the room when they determine reentry is required. The Court denies Plaintiffs Motion #7 as MOOT. Signed by District Judge Henry E. Hudson on 2/16/2024. (adun, )
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| Filing 20 NOTICE by Kevin Johnson (Consent Order) (Krudys, Mark) |
| Filing 19 TRANSCRIPT of proceedings held on February 12, 2024, before Judge Henry E. Hudson, Court Reporter/Transcriber Krista Liscio, Telephone number 804 916-2296. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/18/2024. Redacted Transcript Deadline set for 4/17/2024. Release of Transcript Restriction set for 5/16/2024.(liscio, krista) |
| Telephone Conference (PM) held on 2/15/2024 before District Judge Henry E. Hudson (rpiz) |
| Set Hearings as to #7 Motion for Temporary Restraining Order (Corrected): Motion Hearing set for 2/16/2024 at 12:00 PM in Richmond Courtroom 7000 before District Judge Henry E. Hudson (rpiz) |
| Telephone Conference (AM) held on 2/15/2024 before District Judge Henry E. Hudson (rpiz) |
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Filing 17
ORDER (Partially Resolving Plaintiff's Motion for Temporary Restraining Order). THIS MATTER is before the Court on Plaintiff Kevin Johnson's ("Plaintiff") Motion for a Temporary Restraining Order (the "Motion," ECF No. #7 ), filed on February 9, 2024. The Court ORDERS that Plaintiff shall remain in the care of VCU Medical Center ("VCU") until such time as his physicians direct his discharge. At that time, counsel shall contact the Court to schedule a hearing concerning the remaining requests sought in the Motion. It is further ORDERED that, while confined and receiving care at VCU, Plaintiff shall be permitted to stand, with his method of restraint to be determined by the Virginia Department of Corrections. It is so ORDERED. Signed by Senior United States District Judge Henry E. Hudson on 2/14/2024. (sbea)
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| Filing 16 NOTICE of Appearance by Dorothy Patricia Wallace on behalf of Matthew Blaha, Kemsy Bowles, Beth Cabell, E. Creech, Chadwick S. Dotson, Johnny Hall, Kevin McCoy, J. Monihan, A. David Robinson, Smith, D. Trent, Virginia Department Of Corrections, Brooks Wallace, Rick White (Wallace, Dorothy) |
| Filing 15 (Corrected) (Proposed Order submitted by the Parties) re #7 MOTION for Temporary Restraining Order by Kevin Johnson. (Krudys, Mark) Modified text on 2/15/2024 (adun, ). |
| Filing 14 Minute Entry for proceedings held before District Judge Henry E. Hudson (Court Reporter Liscio, OCR): In-Chambers Conference held on 2/12/2024. Counsel heard. Court to enter an order regarding plaintiff's present stay at VCU Medical Center Hospital. Parties to contact chambers when plaintiff is preparing to be released from the hospital. (rpiz) |
| Filing 13 RESPONSE in Opposition re #7 MOTION for Temporary Restraining Order (Corrected) filed by Matthew Blaha, Kemsy Bowles, Beth Cabell, E. Creech, Chadwick S. Dotson, Johnny Hall, Kevin McCoy, J. Monihan, A. David Robinson, Smith, D. Trent, Virginia Department Of Corrections, Brooks Wallace, Rick White. (Attachments: #1 Affidavit of Dr. Targonski, #2 Affidavit of Warden Bowles, #3 Affidavit of Warden White, #4 Affidavit of Assistant Warden Trent, #5 Affidavit of Kyle Rosch)(Sessoms, Stacie) |
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Filing 12
ORDER granting #11 Motion for Samuel Weiss to appear Pro hac vice for Kevin Johnson. Signed by District Judge Henry E. Hudson on 2/12/2024. (jenjones, )
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| Filing 11 Motion to appear Pro Hac Vice by Samuel David Kinder Weiss and Certification of Local Counsel Mark J. Krudys Filing fee $ 75, receipt number AVAEDC-9357306. by Kevin Johnson. (Krudys, Mark) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Kemsy Bowles, Rick White, Chadwick S. Dotson, Kevin McCoy, Brooks Wallace, Virginia Department Of Corrections, D. Trent, J. Monihan, Johnny Hall, Matthew Blaha, A. David Robinson, Smith, E. Creech, Beth Cabell. All Defendants. (Sessoms, Stacie) |
| Filing 9 NOTICE of Appearance by Stacie Ann Sessoms on behalf of Matthew Blaha, Kemsy Bowles, Beth Cabell, E. Creech, Chadwick S. Dotson, Johnny Hall, Kevin McCoy, J. Monihan, A. David Robinson, Smith, D. Trent, Virginia Department Of Corrections, Brooks Wallace, Rick White (Sessoms, Stacie) |
| Filing 8 Memorandum in Support re #7 MOTION for Temporary Restraining Order (Corrected) (Corrected) filed by Kevin Johnson. (Attachments: #1 Exhibit Mr. Johnson's Declaration)(Krudys, Mark) |
| Filing 7 MOTION for Temporary Restraining Order (Corrected) by Kevin Johnson. (Attachments: #1 Proposed Order)(Krudys, Mark) |
| Filing 6 Memorandum in Support re #5 MOTION for Temporary Restraining Order filed by Kevin Johnson. (Attachments: #1 Exhibit (Mr. Johnsons's Declaration), #2 Proposed Order)(Krudys, Mark) |
| Filing 5 MOTION for Temporary Restraining Order by Kevin Johnson. (Krudys, Mark) |
| Set Hearings: In-Chambers Conference set for 2/12/2024 at 2:00 PM before District Judge Henry E. Hudson (rpiz) |
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Filing 4
ORDER granting #2 Motion for Miriam Rose Nemeth Pro hac vice appointed for Kevin Johnson. Signed by District Judge Henry E. Hudson on 2/6/2024. (jenjones, )
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| Filing 3 NOTICE of Appearance by Daniel Guinnane Zemel on behalf of Kevin Johnson (Zemel, Daniel) |
| Filing 2 Motion to appear Pro Hac Vice by Miriam R. Nemeth and Certification of Local Counsel Mark J. Krudys Filing fee $ 75, receipt number AVAEDC-9347166. by Kevin Johnson. (Krudys, Mark) |
| Notice of Correction: Filing attorney notified that the civil case number was omitted from the complaint and to include the civil case number on all future filings. The error has been corrected and no further action is required. Filing attorney reminded to electronically file the proposed summonses or waiver of service. (jenjones, ) |
| Initial Case Assignment to District Judge Henry E. Hudson. (jenjones, ) |
| Filing 1 Complaint ( Filing fee $ 405, receipt number AVAEDC-9346199.), filed by Kevin Johnson. (Attachments: #1 Civil Cover Sheet)(Krudys, Mark) (Main Document 1 replaced on 2/6/2024 to include civil action number.) (jenjones, ). |
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