Jackson-Mackay et al v. McDonald et al
| David A Jackson-Mackay, Arthur D Penrod, Tyler E McCurdy, Austin D Anderson and Preston R Wisenbaker |
| Platte County Detention Center Sergeant, Platte County Detention Center Captain, Platte County Sheriff's Department Sheriff, Michael McDonald, David Russell, Clyde Harris, Platte County Sheriff's Department, Platte County, Platte County Detention Center and Platte County Commissioners |
| 2:2022cv00083 |
| April 15, 2022 |
| US District Court for the District of Wyoming |
| Kelly H Rankin |
| Scott W Skavdahl |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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| Filing 62 Preliminary Record of appeal sent to USCA and counsel re #61 Notice of Appeal (Court) The procedures and appeals forms may be obtained from the U.S. Court of Appeals website: www.ca10.uscourts.gov. (Attachments: #1 Preliminary Record on Appeal Including Notice of Appeal) (Court Staff, stbd) |
| Filing 61 NOTICE OF APPEAL as to #46 Order on Motion to Dismiss, #47 Order on Motion to Dismiss, by Plaintiff David A Jackson-Mackay. (Court Staff, szf) |
Filing 60
ORDER by the Honorable Scott W Skavdahl denying as moot #57 Motion for Leave to Proceed in forma pauperis. (Court Staff, skb)
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| Filing 59 RESPONSE to #11 Motion to Dismiss, filed by Plaintiff David A Jackson-Mackay. (Court Staff, skb) |
| Filing 58 MOTION REFERRED TO Judge Kelly H Rankin. MOTION to Strike #11 MOTION to Dismiss filed by Plaintiff David A Jackson-Mackay. (Court Staff, skb) |
| Filing 57 MOTION to Proceed In Forma Pauperis filed by Plaintiff David A Jackson-Mackay. (Court Staff, skb) |
| Filing 56 NOTICE of Change of Address by David A Jackson-Mackay (Court Staff, sbh) |
| Filing 55 Docket entry #47 Returned as Undeliverable for Mail sent to Arthur Penrod. Resent to updated address. (Court Staff, skb) |
| Filing 54 Docket entry #46 Returned as Undeliverable for Mail sent to Arthur Penrod. Resent to updated address. (Court Staff, skb) |
| Filing 53 NOTICE OF PLAINTIFF DAVID A. JACKSON-MAKAY'S CHANGE OF ADDRESS filed by Defendants Clyde Harris, Michael McDonald, David Russell. (Court Staff, skb) Modified filers on 6/6/2022 (Court Staff, skb). |
| Filing 52 RESPONSE to #34 Motion to drop party Wisenbaker filed by Plaintiff David A Jackson-Mackay. (Court Staff, sal) |
| Filing 51 Letter from Preston Wisenbaker regarding 22-CV-83-S. (Court Staff, sal) |
| Filing 50 Docket entry #44 Returned as Undeliverable for Mail sent to Arthur Penrod. Address located on BOP web site. Updated address/facility and resent. (Court Staff, skb) |
| Filing 49 Docket entry #37 Returned as Undeliverable for Mail sent to Austin Anderson. Resent to updated address/facility. (Court Staff, skb) (Main Document 49 replaced on 5/31/2022 to correct pagination) (Court Staff, skb). |
| Filing 48 JUDGMENT in favor of Defendants against Plaintiffs by the Honorable Scott W Skavdahl. The AO133 Bill of Cost form is available at https://www.wyd.uscourts.gov/forms/bill-costs. (Court Staff, skb) |
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Filing 47
ORDER by the Honorable Scott W Skavdahl granting #11 Motion to Dismiss. It is ORDERED that Platte County's Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) (ECF No. #11 ) is GRANTED and the Platte County Defendants are DISMISSED without prejudice. (cc: Plaintiffs via U.S. Mail) (Court Staff, skb)
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Filing 46
ORDER by the Honorable Scott W Skavdahl granting #8 Motion to Dismiss. It is ORDERED that the Individual Defendants' Motion to Dismiss (ECF No. #8 ) is GRANTED and the Individual Defendants are DISMISSED with prejudice. (cc: Plaintiffs via U.S. Mail.) (Court Staff, skb)
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| Filing 45 Letter(s) from Preston Wisenbaker regarding his "legal mail" being opened by the detention facility. (Court Staff, stbd) |
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Filing 44
ORDER by the Honorable Scott W Skavdahl denying #30 Motion for Preliminary Injunction; denying #32 Motion for Preliminary Injunction. Copy or Order provided to each pro-se Plaintiff via US Mail. (Court Staff, scat)
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| Filing 43 RESPONSE in Opposition re #32 Motion for Preliminary Injunction filed by Defendants Platte County, Platte County Commissioners, Platte County Detention Center, Platte County Detention Center Captain, Platte County Detention Center Sergeant, Platte County Sheriff's Department, Platte County Sheriff's Department Sheriff. (Attachments: #1 Exhibit) (Dunlap, Jared) |
| Filing 42 RESPONSE to #33 Request for Hearing filed by Defendants Clyde Harris, Michael McDonald, David Russell. (Ramos, Richard) |
| Filing 41 RESPONSE to #32 Motion for Preliminary Injunction filed by Defendants Clyde Harris, Michael McDonald, David Russell. (Ramos, Richard) |
| Filing 40 RESPONSE to #31 Objection, filed by Defendants Clyde Harris, Michael McDonald, David Russell. (Attachments: #1 Proposed Order) (Ramos, Richard) |
| Filing 39 REPLY BRIEF re #35 Response to Motion filed by Defendants Clyde Harris, Michael McDonald, David Russell. (Ramos, Richard) |
| Filing 38 REPLY to #14 Response to #30 Plaintiffs' Motion for Emergency Injunction filed by Plaintiff David A Jackson-Mackay. (Court Staff, stmo) |
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Filing 37
ORDER by the Honorable Scott W Skavdahl granting #34 Motion for Order to Drop Plaintiff Wisenbaker as a Party. It is ORDERED that Plaintiff Wisenbaker is hereby dropped as a party to this action, without prejudice. (cc: Plaintiffs via U.S. Mail)(Court Staff, skb)
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| Filing 36 NOTICE of complexity by Plaintiff David A Jackson-Mackay: this case is non-complex (Court Staff, sbh) |
| Filing 35 RESPONSE to #8 Motion to Dismiss filed by Plaintiff David A Jackson-Mackay (Court Staff, sbh) |
| Motions No Longer Referred: #34 MOTION for Order to Drop Plaintiff Wisenbaker as a Party (Court Staff, smxb) |
| Filing 34 MOTION REFERRED TO Judge Kelly H Rankin. MOTION for Order to Drop Plaintiff Wisenbaker as a Party filed by Defendants Clyde Harris, Michael McDonald, David Russell. (Attachments: #1 Proposed Order)(Ramos, Richard) Modified text on 5/4/2022 (Court Staff, smxb). |
| Filing 33 REQUEST for hearing on removal of case from state court to federal court; creating a scheduling order for filing deadlines and a trial date; and other pretrial matters, by Plaintiff David A Jackson-Mackay. (Court Staff, skb) |
| Filing 32 MOTION for Preliminary Injunction filed by Plaintiff David A Jackson-Mackay. (Attachments: #1 Exhibit 1) (Court Staff, skb) |
| Filing 31 OBJECTION to #1 Notice of Removal from Platte County District Court, CV-2022-000014, filed by Plaintiff David A Jackson-Mackay. (Court Staff, skb) (Main Document 31 replaced on 5/2/2022) (Court Staff, skb). (Additional attachment added on 5/2/2022: #1 envelope) (Court Staff, skb). |
| Filing 30 MOTION for Emergency Preliminary Injunction filed in State Court on 4/14/2022 by Plaintiffs Austin D Anderson, David A Jackson-Mackay, Tyler E McCurdy, Arthur D Penrod, Preston R Wisenbaker. (Court Staff, stbd) |
| Filing 29 NOTICE by Plaintiff Preston R Wisenbaker filed in State Court on 4/8/2022 advising he no longer wishes to pursue any action in this case. (Court Staff, stbd) |
| Filing 28 Letter(s) from Preston Wisenbaker filed in State Court on 4/7/2022 regarding contact with the other Plaintiff's in this case and his mail being opened by the detention center. (Court Staff, stbd) |
| Filing 27 SUMMONS Returned Executed filed in State Court on 3/31/2022 by Tyler E McCurdy, Arthur D Penrod, Austin D Anderson, David A Jackson-Mackay, Preston R Wisenbaker. Michael McDonald served on 3/28/2022. (Court Staff, stbd) |
| Filing 26 SUMMONS Returned Executed filed in State Court on 3/31/2022 by Tyler E McCurdy, Arthur D Penrod, Austin D Anderson, David A Jackson-Mackay, Preston R Wisenbaker. Clyde Harris served on 3/28/2022. (Court Staff, stbd) |
| Filing 25 SUMMONS Returned Executed filed in State Court on 3/31/2022 by Tyler E McCurdy, Arthur D Penrod, Austin D Anderson, David A Jackson-Mackay, Preston R Wisenbaker. Platte County Sheriff's Department Sheriff served on 3/28/2022. (Court Staff, stbd) |
| Filing 24 SUMMONS Returned Executed filed in State Court on 3/31/2022 by Tyler E McCurdy, Arthur D Penrod, Austin D Anderson, David A Jackson-Mackay, Preston R Wisenbaker. David Russell served on 3/29/2022. (Court Staff, stbd) |
| Filing 23 SUMMONS Returned Executed filed in State Court 3/31/2022 by Tyler E McCurdy, Arthur D Penrod, Austin D Anderson, David A Jackson-Mackay, Preston R Wisenbaker. Platte County Commissioners served on 3/29/2022. (Court Staff, stbd) |
| Filing 22 NOTICE of Change of Address by David A Jackson-Mackay filed in State Court on 3/28/2022. Address updated. (Court Staff, stbd) |
| Filing 21 NOTICE of Change of Address filed by Tyler E McCurdy in State Court on 3/24/2022. Address updated. (Court Staff, stbd) |
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Filing 20
ORDER ON MOTIONS TO PROCEED IN FORMA PAUPERIS filed in State Court on 3/18/2022 GRANTING #16 MOTION to Proceed In Forma Pauperis, #17 MOTION to Proceed In Forma Pauperis, #15 MOTION to Proceed In Forma Pauperis, #19 MOTION to Proceed In Forma Pauperis, #18 MOTION to Proceed In Forma Pauperis. (Court Staff, stbd)
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| Filing 19 MOTION to Proceed In Forma Pauperis filed in State Court on 3/18/2022 by Plaintiff Preston R Wisenbaker. (Court Staff, stbd) Modified to term motion on 4/29/2022 (Court Staff, skb). |
| Filing 18 MOTION to Proceed In Forma Pauperis filed in State Court on 3/18/2022 by Plaintiff Austin D Anderson. (Court Staff, stbd) Modified to term motion on 4/29/2022 (Court Staff, skb). |
| Filing 17 MOTION to Proceed In Forma Pauperis filed in State Court on 3/18/2022 by Plaintiff Tyler E McCurdy. (Court Staff, stbd) Modified to term motion on 4/29/2022 (Court Staff, skb). |
| Filing 16 MOTION to Proceed In Forma Pauperis filed in State Court on 3/18/2022 by Plaintiff Arthur D Penrod. (Court Staff, stbd) Modified to term motion on 4/29/2022 (Court Staff, skb). |
| Filing 15 MOTION to Proceed In Forma Pauperis filed in State Court on 3/18/2022 by Plaintiff David A Jackson-Mackay. (Court Staff, stbd) Modified to term motion on 4/29/2022 (Court Staff, skb). |
| Filing 14 RESPONSE to #30 Plaintiffs' Motion for Emergency Injunction filed by Defendants Clyde Harris, Michael McDonald, Platte County, Platte County Commissioners, Platte County Detention Center, Platte County Detention Center Captain, Platte County Detention Center Sergeant, Platte County Sheriff's Department, Platte County Sheriff's Department Sheriff, David Russell. (Attachments: #1 Affidavit of Michael McDonald, #2 Affidavit of David Russell) (Ramos, Richard) Modified text to add correct link on 4/29/2022 (Court Staff, stbd). |
| Filing 13 Letter requesting Docket Sheet from Plaintiff David A Jackson-Mackay (Document mailed to plaintiff on this date) (Court Staff, sbh) |
| Filing 12 MEMORANDUM in Support of #11 Motion to Dismiss, filed by Defendants Platte County, Platte County Commissioners, Platte County Detention Center, Platte County Detention Center Captain, Platte County Detention Center Sergeant, Platte County Sheriff's Department, Platte County Sheriff's Department Sheriff. (Dunlap, Jared) |
| Filing 11 MOTION to Dismiss filed by Defendants Platte County, Platte County Commissioners, Platte County Detention Center, Platte County Detention Center Captain, Platte County Detention Center Sergeant, Platte County Sheriff's Department, Platte County Sheriff's Department Sheriff. (Dunlap, Jared) |
| Filing 10 NOTICE of Attorney Appearance by Jared Austin Dunlap on behalf of Platte County, Platte County Commissioners, Platte County Detention Center, Platte County Detention Center Captain, Platte County Detention Center Sergeant, Platte County Sheriff's Department, Platte County Sheriff's Department Sheriff (Dunlap, Jared) Modified text and filers on 5/2/2022 (Court Staff, skb). |
| Filing 9 MEMORANDUM in Support of #8 Motion to Dismiss filed by Defendants Clyde Harris, Michael McDonald, David Russell. (Miller, Timothy) |
| Filing 8 MOTION to Dismiss filed by Defendants Clyde Harris, Michael McDonald, David Russell. (Miller, Timothy) |
| Filing 7 STATE COURT DOCKET SHEET. (Court Staff, stbd) |
| Filing 6 TRANSMITTAL of State Court Record. (Ramos, Richard) |
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Filing 5
ORDER ON REMOVAL regarding #1 Notice of Removal (Attorney), filed by Platte County Commissioners, Platte County Sheriff's Department Sheriff, Platte County Sheriff's Department, Clyde Harris, Platte County Detention Center Captain, Platte County, Michael McDonald, Platte County Detention Center, Platte County Detention Center Sergeant, David Russell by the Honorable Scott W Skavdahl.(cc: 8th Judicial District Court via U.S. Mail)(Court Staff, stbd)
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| Filing 4 Notice of Judge Assignment and Consent to Proceed before a Magistrate Judge. The case has been reassigned to the Honorable Scott W. Skavdahl as the wrong case assignment was previously used; the Honorable Kelly H. Rankin assigned as Referral Judge. (Court Staff, stbd) |
| Filing 3 STATE COMPLAINT with Jury Demand filed March 18, 2022 in the Eighth Judicial District filed by Tyler E McCurdy, Arthur D Penrod, Austin D Anderson, David A Jackson-Mackay, Preston R Wisenbaker. (Court Staff, stbd) |
| Filing 2 STRICKEN - See docket entry 4 Notice of Judge Assignment and Consent to Proceed before a Magistrate Judge. The case has been assigned to the Honorable Kelly H. Rankin. (Court Staff, stbd) Modified to strike entry on 4/18/2022 (Court Staff, stbd). |
| Filing 1 NOTICE OF REMOVAL from Platte County District Court, CV-2022-000014. (Filing fee $ 402 receipt number AWYDC-2089463), filed by Michael McDonald, Platte County Sheriff, Platte County Detention Center Sergeant, Platte County Detention Center Captain, Platte County Sheriff's Department, Platte County Detention Center, Platte County Commissioners, David Russell, Platte County, Platte County Sheriff's Department, Clyde Harris. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Documents served on Defendants, #3 Proposed Order) (Miller, Timothy) Modified text on 4/15/2022 (Court Staff, sjlg). (Proposed Order of Removal sent to SWS Chambers)Modified text on 4/18/2022 (Court Staff, stbd). |
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