| 1 |
Filed: 3/30/2004, Entered: 3/31/2004, Terminated: 4/11/2005 |
Complaint |
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PRISONER Civil Rights Complaint filed. (TLJ)
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| 2 |
Filed: 3/30/2004, Entered: 3/31/2004 |
Notice Of Assignment |
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NOTICE of Assignment; case is assigned to Judge David G. Campbell and is referred to Nancy Fiora (PS) and Court's Legal Staff for review. (TLJ)
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| 3 |
Filed: 6/15/2004, Entered: 6/17/2004, Terminated: 9/23/2004 |
Motion for Miscellaneous Relief |
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MOTION for order directing usm to serve dfts with complaint and summons by pla [3-1] (DMT)
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| 4 |
Filed: 6/24/2004, Entered: 6/24/2004 |
Order |
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ORDER by Judge David G. Campbell Plaintiff's 3/30/04 Civil Rights Complaint by a Prisoner ("Complaint"), is dismissed without prejudice, with leave to amend, pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) and 1915A(b)(1) for failure to state a claim upon which relief may be granted. Plaintiff shall have 30 days from the filing date of this Order to file an amended complaint. IT IS FURTHER ORDERED the Clerk of Court is directed to enter a judgment of dismissal without prejudice of this action, without further notice to Pla, if Pla fails to file an amended complaint within 30 days from the filing date of this Order ; spec. prisoner ddl set for 7/26/04 . IT IS FURTHER ORDERED the Clerk of Court is directed to provide Pla with a current, Court-approved form for filing a civil rights complaint pursuant to 42 U.S.C. 1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). (cc: all counsel) (LSP)
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| 5 |
Filed: 7/1/2004, Entered: 7/6/2004 |
Motion to Amend/Correct |
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MOTION pursuant to Fed.R.Civ.P. 59(e) to alter or amend the 6/24/04 order [4-2] by pla Jeffrey Powell [5-1] (no lodged pleading) (former emp)
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| 6 |
Filed: 9/23/2004, Entered: 9/23/2004 |
Order |
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ORDER by Judge David G. Campbell that Plaintiff's 6/15/04 Motion for Order Directing Service by pla [3-1] is DENIED; FURTHER ORDERED that Plaintiff's 7/1/04 Motion Pursuant to Fed.R.Civ.P. 59(e) to Alter or Amend by pla [5-1] is DENIED; Plaintiff shall have thirty (30) days from the filing date of this Order to file an amended complaint; FURTHER ORDERED the Clerk of the Court is directed to enter a judgment of dismissal without prejudice of this action, without further notice to Plaintiff, if Plaintiff fails to comply with this order ; spec. prisoner ddl set for 10/25/04 ; FURTHER ORDERED the Clerk of the Court is directed to provide Plaintiff with a current, Court-approved form for filing a civil rights complaint pursuant to 42 USC 1983 (cc: all counsel/form) (SAT)
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| -- |
Filed: 10/1/2004, Entered: 10/5/2004 |
Lodged Document |
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LODGED First Amended Complaint by pla (placed on left side of file 11/15/04) (SAT) Modified on 11/15/2004
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| 7 |
Filed: 10/1/2004, Entered: 10/5/2004 |
Motion to Amend/Correct |
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MOTION for Leave to File an Amended Complaint (pris civil rights) [1-1] by pla [7-1] (First Amended Complaint placed on left side of file 11/15/04) (SAT) Modified on 11/15/2004
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| 8 |
Filed: 11/8/2004, Entered: 11/12/2004, Terminated: 1/28/2005 |
Motion for Miscellaneous Relief |
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MOTION Seeking an Order from this Court Directing the US Marshals Service to Serve a Copy of the Complaint and Summons Upon Defendant Bernie Ellis by pla [8-1] (SAT)
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| 9 |
Filed: 11/23/2004, Entered: 12/3/2004 |
Certificate of Service |
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PROOF OF SERVICE on US Attorney and US Attorney General Pursuant to Fed.R.Civ.P. 4 by pla Jeffrey Powell (SAT)
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| 10 |
Filed: 11/30/2004, Entered: 12/3/2004 |
Response |
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RESPONSE by dft to Plaintiff's Proof of Service [9-1] on US Attorney and US Attorney General Pursuant to Fed.R.Civ.P. 4 (SAT)
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| 11 |
Filed: 1/3/2005, Entered: 1/10/2005 |
Summons Returned Executed - Complaint/Habeas Petit |
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RETURN OF SERVICE (proof of service) EXECUTED summons/first amended complaint on USAttorney in AZ on 12/3/04 by certified mail. No receipt with signature attached. (DMT)
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| 12 |
Filed: 1/28/2005, Entered: 1/28/2005 |
Amended Complaint |
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AMENDED COMPLAINT by pla Jeffrey Powell ; [1-1] (KCS)
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| 13 |
Filed: 1/28/2005, Entered: 1/28/2005 |
Order |
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ORDER by Judge David G. Campbell : that Clerk of the Court id directed to file and assign a docket number to pla's 10/01/04 First Amended Complaint; that dft Ellis is required to file an answer to the amended complaint; Clerk of Court shall send pla a service packet including this Order, the amended complaint, summons and request for waiver form for dft Ellis. Pla shall complete and return service packet to the Clerk of Court within 20 days. That pla shall obtain a waiver of service of complete service or the action may be dismissed; that the US Marshal shall retain the summons, amended complaint and the order for future use; that the US Marshal shall notify dft Ellis of the commencement of this action and request waiver of service; that dft shall return waiver of service to US Marshal if he agrees; that dft shall answer the amended complaint or otherwiser respond; that pla shall serve dft or his counsel a copy of every further document submitted; and that pla's motion for direct service is denied; Service packet due back by 2/17/05 FURTHER ORDERED dft shall answer or otherwise respond by appropriate motion w/in the time provided by the applicable provisions of Rule 12(a) Fed. R. Civ. P.; denying motion Seeking an Order from this Court Directing the US Marshals Service to Serve a Copy of the Complaint and Summons Upon Defendant Bernie Ellis by pla [8-1] terminating case referral to Nancy Fiora (PS) (cc: All Cnsl) (KCS)
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Filed: 2/10/2005, Entered: 2/10/2005 |
Remark re Service Packets Received |
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Service Packets received on 02/10/05 from pla as to dft Bernie Ellis (MRB)
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| -- |
Filed: 2/10/2005, Entered: 2/10/2005 |
Service Packet Forwarded to USMS |
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USM 285, summons/notice/complaint/order, forwarded to USMS this date as to dft Bernie Ellis . (MRB)
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| 14 |
Filed: 3/11/2005, Entered: 3/24/2005 |
Waiver of Service Executed |
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WAIVER of Service of summons and complaint upon dft Bernie Ellis ; waiver sent on 2/14/05 (KCS)
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| 15 |
Filed: 4/11/2005, Entered: 4/11/2005 |
Minute Order - Miscellaneous |
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MINUTE ORDER Amended complaint having been filed on 1/28/05, IT IS ORDERED granting as moot motion for Leave to File an Amended Complaint (pris civil rights) [1-1] by pla [7-1] (cc: all counsel) [15-1] (LMR)
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| 16 |
Filed: 4/15/2005, Entered: 4/18/2005 |
Answer to Complaint |
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ANSWER to complaint (amended) [12-1] by dft Bernie Ellis (KCS)
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| 17 |
Filed: 4/15/2005, Entered: 4/18/2005, Terminated: 2/17/2006 |
Motion to Dismiss Case |
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MOTION to dismiss case by dft Bernie Ellis [17-1] (KCS)
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| 18 |
Filed: 4/22/2005, Entered: 4/25/2005 |
Response to Motion |
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RESPONSE by pla Jeffrey Powell to motion to dismiss case by dft Bernie Ellis [17-1] (KCS)
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| 19 |
Filed: 4/26/2005, Entered: 4/27/2005 |
Reply to Response to Motion |
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REPLY by dft Bernie Ellis to response to motion to dismiss case by dft Bernie Ellis [17-1] (KCS)
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| 20 |
Filed: 5/4/2005, Entered: 5/5/2005 |
Motion for Miscellaneous Relief |
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MOTION for leave to file a surreply to dft's reply to response to dft's motion to dimiss by pla Jeffrey Powell [20-1]; surreply attached. (KCS)
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| 21 |
Filed: 5/9/2005, Entered: 5/9/2005 |
Order |
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ORDER by Judge David G. Campbell withdrawing the reference to the Mag Judge as to motion to dismiss case by dft Bernie Ellis [17-1] only; before Judge David G. Campbell (cc: all counsel) (SRB)
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 22 |
Filed: 11/1/2005, Entered: 11/1/2005 |
Notice of Attorney Substitution |
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NOTICE of Attorney Substitution by Michael A Johns (Johns, Michael)
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| 23 |
Filed: 2/17/2006, Entered: 2/17/2006 |
Order on Motion to Dismiss Case |
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ORDER granting in part and denying in part [17] Motion to Dismiss Case, and granting [20] Motion to file a surreply. IT IS FURTHER ORDERED that Defendant's Motion to Dismiss, filed April 15,2005 (#17) is GRANTED as to Plaintiff?s claims for monetary relief against Defendant Ellisin his official capacity, and any successor to Defendant Ellis.IT IS FURTHER ORDERED that Defendant's Motion to Dismiss, filed April 15,2005 (#17) is DENIED in all other respects.IT IS FURTHER ORDERED that:1. Within ten days of the filing of this Order, Defendant Ellis shall file a noticewith the Court identifying his successor in his official capacity.2. The Clerk of the Court shall forward to Plaintiff a service packet forcompletion of service on the successor to Defendant Ellis. Plaintiff shall havetwenty days from the filing of this Order to return the completed service packetto the Court.3. Plaintiff shall have sixty (60) days from the filing of this Order to completeservice on the successor to Defendant Ellis. Signed by Judge David G Campbell on 02/15/06. (KCS, )
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| 24 |
Filed: 2/23/2006, Entered: 2/23/2006 |
Other Notice |
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Notice re NOTICE OF SUBSTITUTION OF SUCCESSOR DEFENDANT by Bernie Ellis (Johns, Michael)
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| 25 |
Filed: 3/16/2006, Entered: 3/24/2006 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed by Jeffrey Powell. Joe W. Booker, Jr waiver sent on 3/6/2006, answer due 5/5/2006. (KCS)
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| 26 |
Filed: 3/31/2006, Entered: 3/31/2006 |
Order |
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ORDER that Warden Joe W. Booker, Jr. is substituted for Defendant Bernis Ellis to the extend Defendant Ellis has been sued in his official capacity. Defendant Ellis shall remain in this action in his individual capacity. Signed by Judge David G Campbell on 03/30/06. (DNH, )
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| 27 |
Filed: 4/26/2006, Entered: 4/27/2006 |
Motion for Summary Judgment |
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MOTION for Summary Judgment by Jeffrey Powell. (DNH, )
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 28 |
Filed: 4/26/2006, Entered: 4/27/2006 |
Statement |
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STATEMENT of Facts in Support of [27] MOTION for Summary Judgment by Plaintiff Jeffrey Powell. (Attachments: # (1) Exhibits)(DNH, )
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| 29 |
Filed: 5/3/2006, Entered: 5/3/2006 |
Add and Terminate Judges |
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Minute Order referring case to the Magistrate Judge Hector C Estrada (SBU)
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| 30 |
Filed: 5/5/2006, Entered: 5/5/2006 |
Answer to Amended Complaint |
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ANSWER to Amended Complaint by Bernie Ellis, Joe W. Booker, Jr.(Johns, Michael)
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| 31 |
Filed: 5/16/2006, Entered: 5/16/2006, Terminated: 11/16/2006 |
Motion for Summary Judgment |
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MOTION for Summary Judgment by Bernie Ellis, Joe W. Booker, Jr. (Johns, Michael)
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| 32 |
Filed: 5/16/2006, Entered: 5/16/2006 |
Response to Motion |
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RESPONSE to Motion re [27] MOTION for Summary Judgment, [31] MOTION for Summary Judgment and Defendant's Statement of Facts; Memorandum in Support of Their Motion for Summary Judgment filed by Bernie Ellis, Joe W. Booker, Jr. (Attachments: # (1) Exhibit A - C)(Johns, Michael)
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| 33 |
Filed: 5/17/2006, Entered: 5/17/2006 |
Order |
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ORDER: On May 16, 2006, Defendants filed a Motion for Summary Judgment requesting thatthe Court enter judgment in Defendants' favor.NOTICE - WARNING TO PLAINTIFFThis Notice is Required to Be Given to Plaintiff"A motion for summary judgment under Rule 56 of the Federal Rules of CivilProcedure will, if granted, end [Plaintiff's] case." Rand, 154 F.3d at 963.Rule 56 of the Federal Rules of Civil Procedure sets out the requirements necessaryfor Plaintiff to oppose a motion for summary judgment. Local Rule of Civil Procedure 56.1(b) provides that the deadline for filing a responseto Defendants' Motion for Summary Judgment is thirty (30) days after Plaintiff is served withthe motion. Plaintiff is further advised that his failure to file a response may be deemed ashis consent to the granting of Defendants' Motion, which may result in the dismissal ofPlaintiff's case against Defendants. See Local Rule of Civil Procedure 7.2(i).Signed by Judge Hector C Estrada on 5/16/2006. (REC, )
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| 34 |
Filed: 6/15/2006, Entered: 6/16/2006 |
Reply to Response to Motion |
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REPLY to Response to Motion re [27] MOTION for Summary Judgment filed by Jeffrey Powell and Motion to Strike Response and Motion for Summary Judgment (SBU, )
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| 35 |
Filed: 6/15/2006, Entered: 6/16/2006, Terminated: 11/16/2006 |
Motion to Strike |
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Reply to Response to Motion for Summary Judgment and MOTION to Strike [32] Response to Motion, and [31] MOTION for Summary Judgment by Jeffrey Powell. (SBU)
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| 36 |
Filed: 6/27/2006, Entered: 6/27/2006 |
Reply to Response to Motion |
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REPLY to Response to Motion re [35] MOTION to Strike [32] Response to Motion,, [31] MOTION for Summary Judgment and Defendant's Response To Plaintiff's Motion to Strike filed by Bernie Ellis, Joe W. Booker, Jr. (Johns, Michael)
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| 37 |
Filed: 6/27/2006, Entered: 6/28/2006 |
Response in Opposition to Motion |
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RESPONSE in Opposition, re [35] MOTION to Strike [32] Response to Motion, [31] MOTION for Summary Judgment filed by Bernie Ellis, Joe W. Booker, Jr. NOTE: filed as one document with [36]Reply to Response to Motion (LSP)
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| 38 |
Filed: 6/28/2006, Entered: 6/28/2006 |
Notice of Filer of Deficiency |
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NOTICE TO FILER OF DEFICIENCY, re [37] Response in Opposition to Motion filed by Bernie Ellis, Joe W. Booker, Jr. Description of deficiency: Reply and Response should be filed as two separate documents. (LSP)
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| 40 |
Filed: 8/7/2006, Entered: 8/8/2006 |
Motion to Strike |
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MOTION to Strike [34] Reply to Response to Motion, and MOTION for Leave to File surreply by Jeffrey Powell. (Surreply is included here as pages 3 through 7.) (KCS)
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| 39 |
Filed: 8/8/2006, Entered: 8/8/2006 |
Order |
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ORDER withdrawing the reference to the Magistrate Judge as to Pla's Motion for Summary Judgment [27]; Dft's Cross-Motion for Summary Judgment [31]; and Pla's Motion to Strike Dfts' Response and Motion for Summary Judgment [35].. Signed by Judge David G Campbell on 8/7/06. (MAP)
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| 41 |
Filed: 8/15/2006, Entered: 8/15/2006 |
Response to Motion |
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RESPONSE to Motion re [40] MOTION to Strike [34] Reply to Response to Motion MOTION for Leave to File surreply filed by Bernie Ellis. (Johns, Michael)
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| 42 |
Filed: 9/8/2006, Entered: 9/8/2006 |
Order |
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ORDER re [40] MOTION to Strike [34] Reply to Response to Motion, and MOTION for Leave to File surreply by Jeffrey Powell. (Surreply is included here as pages 3 through 7) Motion No Longer Referred. Signed by Judge David G Campbell on 09/08/06. (KCS)
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| 43 |
Filed: 9/26/2006, Entered: 9/26/2006 |
Reply to Response to Motion |
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REPLY/OBJECTION to Response to Motion re [40] MOTION to Strike filed by Jeffrey Powell. (REW, )
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| 44 |
Filed: 11/16/2006, Entered: 11/16/2006 |
Order on Motion for Summary Judgment |
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ORDER denying Plaintiff's [35], [40] Motions to Strike; granting Plaintiff's [40] Motion for Leave to File Sur-Reply; granting in part and denying in part the Parties' [27], [31] Motions for Summary Judgment. Defendant Booker shall file a proposed permanent injunction consistent with this order by 12/3/06. The Court will set a final pretrial conference by separate order. Signed by Judge David G Campbell on 11/15/06. (REW, )
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| 45 |
Filed: 11/16/2006, Entered: 11/16/2006 |
Order |
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ORDER SETTING FINAL PRETRIAL CONFERENCE. Proposed Final Pretrial Order due by 1/10/2007. Final Pretrial Conference set for 1/31/2007 04:00 PM before Judge David G Campbell. Signed by Judge David G Campbell on 11/15/06. (REW, )
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| 46 |
Filed: 12/6/2006, Entered: 12/6/2006 |
Other Notice |
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Notice re Lodging by Joe W. Booker, Jr (Attachments: # (1) Text of proposed permanent injunction)(Johns, Michael)
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| 47 |
Filed: 12/12/2006, Entered: 12/12/2006 |
Permanent Injunction |
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PERMANENT INJUNCTION Dft Joe W. Booker, Jr., Warden at the FCI-Phoenix, and any successor Warden at FCI Phoenix, are hereby permanently enjoined from enforcing, with respect to packages clearly identifiable as mailed from bookstores, that portion of BOP Program Statement 5880.10, Chapter 3 at 310 which requires that packages addressed to inmates which are received from bookstores, for which there is no PB-331 on file, must be returned unless the package is also marked Authorized by Bureau Policy or with similar languageindicating that the contents are authorized by Bureau Policy. Signed by Judge David G Campbell on 12/8/06. (MAP)
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| 48 |
Filed: 12/21/2006, Entered: 12/21/2006, Terminated: 1/5/2007 |
Motion for Extension of Time |
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First MOTION for Extension of Time Unopposed Motion for Extension of Time by Bernie Ellis. (Attachments: # (1))(Johns, Michael)
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| 49 |
Filed: 12/21/2006, Entered: 12/22/2006, Terminated: 5/22/2007 |
Motion to Appoint Counsel |
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MOTION to Appoint Counsel by Jeffrey Powell. (SBU, )
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| 50 |
Filed: 12/21/2006, Entered: 12/29/2006 |
Motion for Miscellaneous Relief |
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MOTION to Appear Telephonically for the 1/31/07 Hearing by Jeffrey Powell. (SBU, )
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| 51 |
Filed: 1/5/2007, Entered: 1/5/2007 |
Order on Motion for Extension of Time |
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ORDER. Vacating the final pretrial dates set in the Court's Order [45], including the final pretrial conference set for 1/31/7 at 4:00 pm; Finding as moot Plaintiff's [50] motion to appear telephonically at the final pretrial hearing. Finding as moot Defendants' [48] motion for extension of time. Referring this matter to Magistrate Judge Hector Estrada for pretrial scheduling order and ruling on Plaintiff's [49] motion to appoint counsel. Signed by Judge David G Campbell on 1/5/07.(REW, )
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| 52 |
Filed: 1/5/2007, Entered: 1/5/2007 |
Response to Motion |
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RESPONSE to Motion re [49] MOTION to Appoint Counsel filed by Joe W. Booker, Jr. (Johns, Michael)
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| 53 |
Filed: 1/10/2007, Entered: 1/12/2007 |
Supplement |
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SUPPLEMENT in Support of Plaintiff's [49] MOTION for Appointment of Counsel by Plaintiff Jeffrey Powell. (Attachments: # (1))(REW, )
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| 54 |
Filed: 1/17/2007, Entered: 1/17/2007 |
Supplement |
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SUPPLEMENT of Response to Motion to Appoint Counsel re [49] MOTION to Appoint Counsel by Defendant Joe W. Booker, Jr. (Johns, Michael)
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| 55 |
Filed: 1/30/2007, Entered: 1/31/2007, Terminated: 5/21/2007 |
Motion for Miscellaneous Relief |
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MOTION seeking Order for Trial by Jury, purusant to Rule 39(b) by Jeffrey Powell. (REW, )
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| 56 |
Filed: 2/8/2007, Entered: 2/8/2007 |
Response to Motion |
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RESPONSE to Motion re [55] MOTION for Trial by Jury filed by Bernie Ellis, Joe W. Booker, Jr. (Johns, Michael)
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| 57 |
Filed: 5/21/2007, Entered: 5/21/2007 |
Order on Motion for Miscellaneous Relief |
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ORDER granting Plaintiff's [55] Motion for Trial by Jury. Signed by Judge Hector C Estrada on 5/21/07.(REW, )
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| 58 |
Filed: 5/22/2007, Entered: 5/22/2007 |
Order on Motion to Appoint Counsel |
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ORDER that Plaintiff is granted leave to proceed in forma pauperis for purposes of request for counsel under 28 U.S.C. ยง1915(e)(1). Plaintiff's Motion for Appointment of Counsel [49] is GRANTED to the extent that attorneys Jennifer Axel and Patricia Refo are requested to represent Plaintiff in the above entitled action. The Clerk of Court shall send a copy of this Order to Jennifer Axel and Patricia Refo. This matter is set for a telephonic Scheduling Conference before Magistrate Judge's law clerk Suzanne Kaplan McKee on June 20, 2007 at 10:00 a.m. Counsel shall confer prior to the Scheduling Conference to discuss matters related to the instant action. No later than 3 days before the Scheduling Conference, counsel shall file a joint report reflecting the results of their discussion. Appointing Jennifer Joan Axel and Patricia Lee Refo for Jeffrey Powell. Signed by Judge Hector C Estrada on 5/21/07.(REW, )
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| 59 |
Filed: 6/14/2007, Entered: 6/14/2007, Terminated: 6/1/2008 |
Stipulation |
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STIPULATION TO CONTINUE TELEPHONIC STATUS CONFERENCE by Jeffrey Powell, Bernie Ellis, Joe W. Booker, Jr. (Axel, Jennifer)
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| 60 |
Filed: 6/15/2007, Entered: 6/15/2007 |
Order |
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ORDER granting [59] STIPULATION TO CONTINUE TELEPHONIC STATUS CONFERENCE. Telephonic Scheduling Conference reset for 7/18/2007 10:00 AM before Magistrate Judge Hector C Estrada. Joint Report/Case Management Deadline reset for 7/13/2007. Signed by Judge Hector C Estrada on 6/15/07. (REW, )
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| 61 |
Filed: 7/12/2007, Entered: 7/12/2007, Terminated: 7/16/2007 |
Motion to Continue |
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MOTION to Continue Telephonic Status Conference by Jeffrey Powell. (Attachments: # (1) Text of Proposed Order Order)(Axel, Jennifer)
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| 62 |
Filed: 7/13/2007, Entered: 7/13/2007 |
Other Notice |
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Notice re Errata by Jeffrey Powell (Axel, Jennifer)
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| 63 |
Filed: 7/16/2007, Entered: 7/16/2007 |
Order on Motion to Continue |
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ORDER denying [61] Motion to Continue Telephonic Status Conference. The parties are directed to file the joint report by 7/17/07. Signed by Judge Hector C Estrada on 7/13/07.(REW, )
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| 64 |
Filed: 7/17/2007, Entered: 7/17/2007 |
Status Report |
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STATUS REPORT Joint by Jeffrey Powell. (Axel, Jennifer)
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| 65 |
Filed: 7/19/2007, Entered: 7/19/2007 |
Order |
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ORDER. Status Conference set for 8/27/2007 04:30 PM before Judge David G Campbell. Signed by Judge Hector C Estrada on 7/19/07. (REW, )
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| 66 |
Filed: 7/20/2007, Entered: 7/20/2007, Terminated: 8/27/2007 |
Motion to Stay |
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MOTION to Stay re all proceedings for 60 days by Jeffrey Powell. (Attachments: # (1) Text of Proposed Order)(Axel, Jennifer)
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| 67 |
Filed: 8/27/2007, Entered: 8/27/2007 |
Order on Motion to Stay |
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ORDER granting [66] Motion to Stay. The parties' motion to stay this case is granted until September 20, 2007. A status conference is scheduled for September 21, 2007 at 3:30 p.m. If the case has not been resolved by that time, the Court will enter an order establishing an expedited discovery schedule to prepare this case for trial. Signed by Judge David G Campbell on 8-27-07. This is a text-only order; there is no corresponding.pdf document. (DGC)
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| 68 |
Filed: 8/27/2007, Entered: 8/31/2007 |
Status Conference |
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Minute Entry. Proceedings held before Judge David G Campbell. Appearances: Jennifer Axel for pla; Michael Johns for dfts. Status Conference held on 8/27/2007. Separate order issued. Status Conference set for 9/21/2007 03:00 PM before Judge David G Campbell. (Court Reporter Patricia Lyons.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR, )
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| 69 |
Filed: 9/20/2007, Entered: 9/20/2007, Terminated: 9/21/2007 |
Motion to Continue |
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Joint MOTION to Continue Scheduling Conference set for 9/21/07 at 3 p.m. by Bernie Ellis, Joe W. Booker, Jr. (Attachments: # (1) Text of Proposed Order)(Johns, Michael)
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| 70 |
Filed: 9/21/2007, Entered: 9/21/2007 |
Order on Motion to Continue |
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ORDER denying [69] Motion to Continue. The status hearing set in this case will be held on September 21, 2007 at 3:30 p.m. as set forth in the Court's Order of 8/27/2007 [Dkt. 67]. Signed by Judge David G Campbell on 9/21/07.(NVJ)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| 71 |
Filed: 9/21/2007, Entered: 9/21/2007 |
Status Conference |
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Minute Entry. Proceedings held before Judge David G Campbell. Appearances: Jennifer Axel for pla; Michael Johns for dfts. Status Conference held on 9/21/2007. Jury trial set for 2/19/08 at 9:00 a.m. (estimated length: 4 days). Order to issue. (Court Reporter Patricia Lyons.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR, ) Modified on 9/27/2007 to correct the trial date (year) (KMG).
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| 72 |
Filed: 9/25/2007, Entered: 9/25/2007 |
Order |
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ORDER re Fact discovery due by 1/25/2008. Motions in limine due by 2/1/2008, responses due by 2/8/2008, no replies permitted. Proposed Pretrial Order due by 2/8/2008. Final Pretrial Conference set for 2/15/2008 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Jury Trial set for 2/19/2008 at 09:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. This schedule will not be extended. Signed by Judge David G Campbell on 9/25/07. (NVJ, )
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| 73 |
Filed: 11/7/2007, Entered: 11/7/2007 |
Notice of Attorney Substitution |
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NOTICE of Attorney Substitution by Richard Glenn Patrick adding Richard Glenn Patrick and Richard Glenn Patrick for Bernie Ellis and Joe W. Booker, Jr (Patrick, Richard)
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| 74 |
Filed: 12/5/2007, Entered: 12/5/2007, Terminated: 12/7/2007 |
Motion for Judgment |
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MOTION for Judgment Joint Motion To Enter Final Judgment Based On Settlement And Award Taxable Costs by Bernie Ellis, Joe W. Booker, Jr. (Attachments: # (1) Text of Order)(Patrick, Richard)
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| 75 |
Filed: 12/7/2007, Entered: 12/7/2007 |
Order |
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ORDER FOR ENTRY OF STIPULATED JUDGMENT. In accordance with the Court's decision entered 11/16/06 [44] judgment shall be entered in favor of Pla Jeffrey Powell and against the Dfts Joe W Booker and Bernie Ellis. Permanent Injunction entered in accordance with the order entered 12/12/06 [47]. The Court shall retain jurisdiction to enforce the settlement among the parties. Taxable costs awarded in favor of Pla Jeffrey Powell and against the United States BOP in the amount of $250.00. Pretrial Conference set for 2/15/08 is vacated and vacating the trial set for 2/19-22/08, along with all other deadlines in this case. The Clerk shall enter judgment in favor of Pla in accordance with this Order. Signed by Judge David G Campbell on 12/7/07. (REW, )
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| 76 |
Filed: 12/7/2007, Entered: 12/7/2007 |
Clerk's Judgment |
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CLERK'S JUDGMENT. Pursuant to the Court's Order of December 7, 2007, and in accordance with the Court's decision entered November 16, 2006, judgment is entered in favor of Plaintiff Jeffrey Powell and against the Defendants Joe W. Booker and Bernie Ellis. In accordance with the Permanent Injunction entered December 12, 2006, Defendant Joe W. Booker, Jr., Warden at the Federal Correctional Institution (FCI), Phoenix, and any successor Warden at FCI Phoenix, are hereby permanently enjoined from enforcing, with respect to packages clearly identifiable as mailed from bookstores, that portion of Bureau of Prisons Program Statement 5800.10, Chapter 3 at 310 which requires that packages addressed to inmates which are received from bookstores, for which there is no BP-331 on file, must be returned unless the package is also marked "Authorized by Bureau Policy" or with similar language indicating that the contents are authorized by Bureau policy. Taxable costs awarded to Plaintiff Jeffrey Powell and against the United States Bureau of Prisons in the amount of $250.00. This action is terminated. (REW, )
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