Skinner vs Switzer

Federal Civil Lawsuit Texas Northern District Court, Case No. 2:09-cv-00281
District Judge Mary Lou Robinson, presiding
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District Judge Mary Lou Robinson
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Summary

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Parties
No Logo Henry Watkins Skinner, Plaintiff

Represented by Owen Rountree LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Robert C Owen +1 512 804 2661 +1 512 804 2685 robowen@earthlink.net

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Maria Cruz Melendez +1 212 735 2435 +1 917 777 2435 maria.cruzmelendez@skadden.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Douglas Robinson +1 202 371 7800 +1 202 371 7168 drobinso@skadden.com
v.
No Logo Lynn Switzer, Defendant

Represented by Office of the Texas Attorney General

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan F. Mitchell +1 703 314 9276 +1 617 748 3960 jfmitchell@mac.com

Represented by Sprouse Shrader Smith PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Mark D. White +1 806 373 3343 +3733 373 373 3454 mark.white@sprouselaw.com

Represented by Switzer, Lynn

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Lynn Switzer +1 806 669 8035 +1 806 669 8050 lynn.switzer@graycch.com
Attributes
Citation Section 42 U.S.C. § 1983
Nature of Suit 550 - Prisoner Petitions: Civil Rights
Timeline
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Legal Document (Payment Possibly Required) 109 Filed: 7/31/2012, Entered: None Court Filing
JUDGMENT Of equal date herewith, the undersigned U. S. District Judge has entered an order adopting the Report and Recommendation issued by the U. S. Magistrate Judge, granting plaintiff's Motion to Dismiss, and dismissing this 42 USC 1983 complaint. Judgment is entered accordingly. (Ordered by Judge Mary Lou Robinson on 7/31/2012) (jeh) Modified -- added last sentence on 8/1/2012 (awc). (Entered: 07/31/2012)
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Blank 108 Filed: 7/31/2012, Entered: None Court Filing
ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING PLAINTIFF'S MOTION TO DISMISS, AND DISMISSING CASE - Adopting 107] Report and Recommendation; terminating 106 Motion to Dismiss filed by Henry Watkins Skinner.. (Ordered by Judge Mary Lou Robinson on 7/31/2012) (jeh) (Entered: 07/31/2012)
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Legal Document (Payment Possibly Required) 107 Filed: 7/26/2012, Entered: None Court Filing
REPORT AND RECOMMENDATION TO GRANT PLAINTIFF'S MOTION TO DISMISS: re: 106 Motion to Dismiss filed by Henry Watkins Skinner. If defendant intends to object to this Report and Recommendation, he shall so notify the Court immediately and not later than Monday, July 30, 2012 (Ordered by Magistrate Judge Clinton E Averitte on 7/26/2012) (egb) (Entered: 07/26/2012)
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Legal Document (Payment Possibly Required) 106 Filed: 7/20/2012, Entered: None
MOTION to Dismiss filed by Henry Watkins Skinner with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support of Motion to Dismiss, # 2 Proposed Order) (Robinson, Douglas) (Entered: 07/20/2012)
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Legal Document (Payment Possibly Required) 105 Filed: 7/9/2012, Entered: None Court Filing
BRIEFING ORDER: Plaintiff's brief is due on or before July 23, 2012. See Order for further specifics. (Ordered by Magistrate Judge Clinton E Averitte on 7/9/2012) (egb) (Entered: 07/09/2012)
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Legal Document (Payment Possibly Required) 104 Filed: 7/2/2012, Entered: None
Request for Copy of Document (Complaint) by Russell Jay Reger. Payment received and document mailed. (egb) (Entered: 07/02/2012)
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Legal Document (Payment Possibly Required) 103 Filed: 6/15/2012, Entered: None
Letter from Attorney Maria Cruz Melendez advising termination of representation of Plaintiff Henry Watkins Skinner. (egb) (Entered: 06/15/2012)
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Legal Document (Payment Possibly Required) 102 Filed: 5/3/2012, Entered: None
Request for Copy of Document (Complaint) with Deputy Clerk Response (egb) (Entered: 05/03/2012)
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Legal Document (Payment Possibly Required) 101 Filed: 3/23/2012, Entered: None
Request for Copy of Docket Sheet by John Cloud. Payment received and docket sheet mailed. (egb) (Entered: 03/23/2012)
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Legal Document (Payment Possibly Required) 100 Filed: 3/21/2012, Entered: None
Request for Copy of Complaint (Doc. No. 1) and Report and Recommendation (Doc. No. 40) by Ricky L. Scott. Payment received and documents mailed. (egb) (Entered: 03/21/2012)
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Legal Document (Payment Possibly Required) 99 Filed: 3/16/2012, Entered: None
Request for Copy of Complaint and Docket Sheet by W. Robert Wardell, Jr. (Attachments: # 1 clerk's response letter) (awc) (Entered: 03/16/2012)
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Legal Document (Payment Possibly Required) 98 Filed: 3/5/2012, Entered: None
Request for Copy of Documents Ricky L. Scott with Deputy Clerk Response (egb) (Entered: 03/05/2012)
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Legal Document (Payment Possibly Required) 96 Filed: 10/31/2011, Entered: None Court Filing
ORDER SHORTENING TIME FOR OBJECTIONS TO REPORT AND RECOMMENDATION OF OCTOBER 27, 2011: Objections to Report and Recommendation due on or before 4:30 p.m. 11/2/2011 (Ordered by Magistrate Judge Clinton E Averitte on 10/31/2011) (egb) (Entered: 10/31/2011)
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Legal Document (Payment Possibly Required) 95 Filed: 10/28/2011, Entered: None
RESPONSE filed by Henry Watkins Skinner re: 94 Findings, Conclusions, and Recommendation re: 1 Complaint filed by Henry Watkins Skinner. (Robinson, Douglas) Modified Text on 10/28/2011 (egb). (Entered: 10/28/2011)
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Legal Document (Payment Possibly Required) 94 Filed: 10/27/2011, Entered: None Court Filing
FINDINGS, CONCLUSIONS, AND RECOMMENDATION TO STAY AND ABATE 42 U.S.C. 1983 COMPLAINT: The undersigned United State Magistrate Judge recommends the District Judge STAY AND ABATE the proceedings in this case. The Clerk of the Court should be directed to ADMINISTRATIVELY CLOSE this case until such time as the Court orders the case reopened. See Findings for further specifics. (Ordered by Magistrate Judge Clinton E Averitte on 10/27/2011) (egb) (Entered: 10/27/2011)
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Legal Document (Payment Possibly Required) 93 Filed: 10/24/2011, Entered: None
NOTICE of Attorney Appearance by Arthur D'Andrea on behalf of Lynn Switzer. (egb) (Entered: 10/24/2011)
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Legal Document (Payment Possibly Required) 92 Filed: 10/24/2011, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge Clinton E Averitte: Oral Arguments held on 10/24/2011. Death Penalty Case. Attorney Appearances: Plaintiff - Douglas Robinson; Robert Owen; Maria Melendez; Defense - Arthur D'Andrea, Office TX Atty General. (Court Reporter: Digital File) (No exhibits) Time in Court - 1:30. (bfb) (Entered: 10/24/2011)
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Legal Document (Payment Possibly Required) 91 Filed: 10/20/2011, Entered: None
NOTICE of Recent Relevant Authority filed by Henry Watkins Skinner (Attachments: # 1 Appendix) (Robinson, Douglas) (Entered: 10/20/2011)
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Legal Document (Payment Possibly Required) 90 Filed: 10/17/2011, Entered: None
SUPPLEMENTAL BRIEF on Mootness and Abstention filed by Lynn Switzer re 88 Order(Mitchell, Jonathan) Modified title of document on 10/18/2011 (plh). (Entered: 10/17/2011)
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Legal Document (Payment Possibly Required) 89 Filed: 10/17/2011, Entered: None
SUPPLEMENTAL BRIEF in Resposne to Court's Order of 10/6/11 filed by Henry Watkins Skinner re: 88 Order (Robinson, Douglas) Modified title of document on 10/18/2011 (plh). (Entered: 10/17/2011)
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Legal Document (Payment Possibly Required) 88 Filed: 10/6/2011, Entered: None Court Filing
ORDER SETTING ORAL ARGUMENTS AND ORDERING BRIEFING:...the Court ORDERS a hearing and oral arguments to be held on Monday, October 24, 2011 at 10:00 a.m.in the First Floor Courtroom, United States Courthouse, 205 East Fifth Street, Amarillo, Texas. The parties are ORDERED to submit briefs addressing the issues presented above and any other issues not already briefed they wish the Court to consider at oral argument. These briefs are due on or before October 17, 2011. In the event that either party wishes to introduce testimony or other evidence at the hearing, the party seeking to introduce such evidence shall notify the Court of uch on or before October 17, 2011. See Order for further specifics. (Ordered by Magistrate Judge Clinton E Averitte on 10/6/2011) (egb) (Entered: 10/06/2011)
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Legal Document (Payment Possibly Required) 87 Filed: 9/22/2011, Entered: None
NOTICE to Court of Recent Developments filed by Henry Watkins Skinner (Attachments: # 1 Appendix) (Robinson, Douglas) (Entered: 09/22/2011)
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Blank 97 Filed: 11/4/2011, Entered: None Court Filing
ORDER ADOPTING REPORT AND RECOMMENDATION AND STAYING AND ABATING CASE (Adopting 94 Report and Recommendation, ORDER STAYING CASE. For the reasons set forth in the Report and Recommendation, this case is STAYED AND ABATED until final action by the Texas Court of Criminal Appeals on plaintiff's Motion for DNA Testing. The Clerk is directed to ADMINISTRATIVELY CLOSE this case until such time as the Court orders the case reopened. Plaintiff is ordered to comply with the directions set fort h in the "Recommendation" section of the October 27, 2011 Report and Recommendation. ( 59 Motion for Summary Judgment filed by Lynn Switzer, 94 Report and Recommendation, 86 Motion for Reconsideration, filed by Henry Watkins Skinner, 68 Motion for Summary Judgment filed by Henry Watkins Skinner terminated.) (Ordered by Judge Mary Lou Robinson on 11/4/2011) (jeh)
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Legal Document (Payment Possibly Required) 86 Filed: 8/11/2011, Entered: None
MOTION for Reconsideration re 84 Order on Motion for Leave to Serve Interrogatories filed by Henry Watkins Skinner with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support of Plaintiff's Motion for Reconsideration, # 2 Proposed Order) (Robinson, Douglas) Modified on 8/12/2011 (plh). (Entered: 08/11/2011)
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Legal Document (Payment Possibly Required) 85 Filed: 8/11/2011, Entered: None
REPLY filed by Henry Watkins Skinner re: 68 Cross MOTION for Summary Judgment (Partial) (Robinson, Douglas) (Entered: 08/11/2011)
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Legal Document (Payment Possibly Required) 84 Filed: 7/29/2011, Entered: None Court Filing
ORDER Denying 71 Motion for Leave to Serve Interrogatories. (Ordered by Magistrate Judge Clinton E Averitte on 7/29/2011) (awc) (Entered: 07/29/2011)
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Legal Document (Payment Possibly Required) 83 Filed: 7/28/2011, Entered: None
Brief/Memorandum in Support filed by Lynn Switzer re 67 Response/Objection, 82 Response/Objection (Mitchell, Jonathan) (Additional attachment(s) added on 7/29/2011: # 1 Reply Brief -- This was added per Assistant Solicitor General Arthur C. D'Andrea because the original image on Pacer was illegible.) (awc). Modified on 7/29/2011 (awc). (Entered: 07/28/2011)
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Legal Document (Payment Possibly Required) 82 Filed: 7/28/2011, Entered: None
RESPONSE filed by Lynn Switzer re: 68 Cross MOTION for Summary Judgment (Partial) (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 07/28/2011)
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Legal Document (Payment Possibly Required) 81 Filed: 7/26/2011, Entered: None
Brief/Memorandum in Support filed by Lynn Switzer re 80 Response/Objection (Attachments: # 1 Exhibit(s) Email from D. Robinson to J. Mitchell (July 21, 2011)) (Mitchell, Jonathan) (Entered: 07/26/2011)
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Legal Document (Payment Possibly Required) 80 Filed: 7/26/2011, Entered: None
RESPONSE filed by Lynn Switzer re: 71 MOTION for Leave to File (TO SERVE) FIRST SET OF INTERROGATORIES ON DEFENDANT AND FOR SHORTENING TIME FOR RESPONSE (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 07/26/2011)
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Legal Document (Payment Possibly Required) 79 Filed: 7/25/2011, Entered: None Court Filing
ORDER Modifying Order to Respond -- This order modifies the 7/22/2011 order. Defendant's response to the motion is due immediately, no later than 5:00 p.m. on 7/26/2011. (Ordered by Magistrate Judge Clinton E Averitte on 7/25/2011) (awc) (Entered: 07/25/2011)
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Legal Document (Payment Possibly Required) 78 Filed: 7/22/2011, Entered: None Court Filing
ORDER to Respond -- Defendant is Ordered to respond to plaintiff's motion immediately and in no case before 5:00 p.m. on 7/26/2011. (Ordered by Magistrate Judge Clinton E Averitte on 7/22/2011) (awc) (Entered: 07/25/2011)
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Legal Document (Payment Possibly Required) 77 Filed: 7/22/2011, Entered: None
NOTICE Plaintiff's Report Regarding the Parties' Efforts to Reach Agreement on Plaintiff's Motion for Leave to Serve First Set of Interrogatories filed by Henry Watkins Skinner (Robinson, Douglas) (Entered: 07/22/2011)
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Legal Document (Payment Possibly Required) 76 Filed: 7/21/2011, Entered: None
Designation of lead counsel for Defendant Lynn Switzer. (White, Mark) Modified on 7/22/2011 (awc). (Entered: 07/21/2011)
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Legal Document (Payment Possibly Required) 75 Filed: 7/21/2011, Entered: None
Notice of Filing filed by Lynn Switzer (Attachments: # 1 Affidavit(s) Lynn Switzer) (Mitchell, Jonathan) Modified (title) on 7/22/2011 (awc). (Entered: 07/21/2011)
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Legal Document (Payment Possibly Required) 74 Filed: 7/20/2011, Entered: None Court Filing
Minute Entry for proceedings held before Magistrate Judge Clinton E Averitte: Telephone Conference held on 7/20/2011. Attorney Appearances: Plaintiff - Douglas Robinson; Maria Melendez; Defense - Jonathan Mitchell; Andrew Sefzik for Mark White. (Court Reporter: Tape 11-04T) Time in Court - :30 (bfb) (Entered: 07/20/2011)
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Legal Document (Payment Possibly Required) 73 Filed: 7/18/2011, Entered: None Court Filing
ORDER Setting Telephone Hearing: (Telephone Conference set for 7/20/2011, 02:00 PM, Central standard time, before Magistrate Judge Clinton E Averitte.) (Ordered by Magistrate Judge Clinton E Averitte on 7/18/2011) (awc) (Entered: 07/18/2011)
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Legal Document (Payment Possibly Required) 72 Filed: 7/14/2011, Entered: None
Brief/Memorandum in Support filed by Henry Watkins Skinner re 71 MOTION for Leave to File (TO SERVE) FIRST SET OF INTERROGATORIES ON DEFENDANT AND FOR SHORTENING TIME FOR RESPONSE (Robinson, Douglas) (Entered: 07/14/2011)
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Legal Document (Payment Possibly Required) 71 Filed: 7/14/2011, Entered: None
MOTION for Leave to File (TO SERVE) FIRST SET OF INTERROGATORIES ON DEFENDANT AND FOR SHORTENING TIME FOR RESPONSE filed by Henry Watkins Skinner (Attachments: # 1 Exhibit(s) 1 - PLAINTIFFS FIRST SET OF INTERROGATORIES) (Robinson, Douglas) (Entered: 07/14/2011)
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Legal Document (Payment Possibly Required) 70 Filed: 7/14/2011, Entered: None
Appendix in Support filed by Henry Watkins Skinner re 68 Cross MOTION for Summary Judgment (Partial), 69 Brief/Memorandum in Support of Motion (Robinson, Douglas) (Entered: 07/14/2011)
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Blank 69 Filed: 7/14/2011, Entered: None
Brief/Memorandum in Support filed by Henry Watkins Skinner re 68 Cross MOTION for Summary Judgment (Partial) (Robinson, Douglas) (Entered: 07/14/2011)
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Legal Document (Payment Possibly Required) 68 Filed: 7/14/2011, Entered: None
Cross MOTION for Summary Judgment (Partial) filed by Henry Watkins Skinner (Robinson, Douglas) (Entered: 07/14/2011)
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Blank 67 Filed: 7/14/2011, Entered: None
RESPONSE filed by Henry Watkins Skinner re: 59 MOTION for Summary Judgment (Robinson, Douglas) (Entered: 07/14/2011)
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Legal Document (Payment Possibly Required) 66 Filed: 6/15/2011, Entered: None Court Filing
ORDER REFERRING CASE to Magistrate Judge Clinton E Averitte. Motion(s) referred to Magistrate Judge Clinton E Averitte (Ordered by Judge Mary Lou Robinson on 6/15/2011) (djs) (Entered: 06/15/2011)
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Legal Document (Payment Possibly Required) 65 Filed: 6/14/2011, Entered: None Court Filing
AMENDED ORDER Granting Plaintiff's Unopposed Motion to Extend Deadline to Respond to Defendant's Motion for Summary Judgment (Dkt. 59) - Plaintiff must file his Response to Defendant's Motion for Summary Judgment on or before 07/14/2011. (Ordered by Judge Mary Lou Robinson on 6/14/2011) (chmb) (Entered: 06/14/2011)
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Legal Document (Payment Possibly Required) 64 Filed: 6/13/2011, Entered: None Court Filing
ORDER Granting 63 Plaintiff's Unopposed Motion to Extend Time to Respond to Defendant's Motion for Summary Judgment -- Plaintiff must file his Response to Defendant's Motion for Summary Judgment on or before 07/14/2011. (Ordered by Judge Mary Lou Robinson on 6/13/2011) (chmb) (Entered: 06/13/2011)
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Legal Document (Payment Possibly Required) 63 Filed: 6/10/2011, Entered: None
Unopposed MOTION for Extension of Time to File Response/Reply re: 59 MOTION for Summary Judgment filed by Henry Watkins Skinner (Attachments: # 1 Proposed Order) (Robinson, Douglas) (Entered: 06/10/2011)
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Legal Document (Payment Possibly Required) 62 Filed: 6/8/2011, Entered: None
Appeal Record Returned from Supreme Court of the United States #09-9000: 2 vols ECF record. (djs) (Entered: 06/08/2011)
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Legal Document (Payment Possibly Required) 61 Filed: 6/2/2011, Entered: None
Appendix in Support filed by Lynn Switzer re 59 MOTION for Summary Judgment, 60 Brief/Memorandum in Support of Motion (Mitchell, Jonathan) (Entered: 06/02/2011)
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Legal Document (Payment Possibly Required) 60 Filed: 6/2/2011, Entered: None
Brief/Memorandum in Support filed by Lynn Switzer re 59 MOTION for Summary Judgment (Mitchell, Jonathan) (Entered: 06/02/2011)
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Legal Document (Payment Possibly Required) 59 Filed: 6/2/2011, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment filed by Lynn Switzer (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 06/02/2011)
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Legal Document (Payment Possibly Required) 58 Filed: 6/1/2011, Entered: None
ANSWER to 1 Complaint,, filed by Lynn Switzer. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership (Mitchell, Jonathan) (Entered: 06/01/2011)
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Legal Document (Payment Possibly Required) 57 Filed: 5/24/2011, Entered: None
NOTICE of Attorney Appearance by Jonathan Franklin Mitchell on behalf of All Defendants. (Mitchell, Jonathan) (Entered: 05/24/2011)
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Legal Document (Payment Possibly Required) 56 Filed: 5/23/2011, Entered: None
Opinion of USCA (certified copy) in accordance with USCA judgment re 44 Notice of Appeal, filed by Henry Watkins Skinner. The Supreme Court reversed and remanded this court's affirmance of the district court's dismissal. Skinner v. Switzer, 131 S. Ct. 1289 (2011). We VACATE and REMAND the judgment of the district court for further proceedings in accordance with the Supreme Court's directive. We express no view on what decisions the district court should make on remand. (Attachments: # 1 USCA5 cover letter) (djs) (Entered: 05/23/2011)
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Legal Document (Payment Possibly Required) 55 Filed: 8/27/2010, Entered: None
NOTICE of Receipt Of Record on Appeal to U. S. Supreme Court re: 44 Notice of Appeal as to Henry Skinner (jeh) (Entered: 08/27/2010)
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Legal Document (Payment Possibly Required) 54 Filed: 8/16/2010, Entered: None
Record on Appeal for Supreme Court #09-9000, USCA5 10-7002 (related to 44 appeal): Record consisting of: 3 Volume(s) ECF electronic record, transmitted to Supreme Court of the United States, 1 First Street, NE, Washington DC 20543. Shipped: UPS (jeh) (Entered: 08/16/2010)
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Legal Document (Payment Possibly Required) 53 Filed: 8/16/2010, Entered: None
Received letter from Fifth Circuit Court of Appeals to transmit Record on Appeal to Supreme Court under 09-9000. (jeh) (Entered: 08/16/2010)
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Legal Document (Payment Possibly Required) 52 Filed: 6/7/2010, Entered: None
Received letter from USCA5 with copy of Supreme Court order granting certiorari. (djs) (Entered: 06/07/2010)
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Legal Document (Payment Possibly Required) 51 Filed: 2/16/2010, Entered: None
Opinion of USCA (certified copy) in accordance with USCA judgment re 44 Notice of Appeal, filed by Henry Watkins Skinner. The motion, whether treated as a motion for stay of execution or a motion for injunction, is DENIED. The mandate has already issued. (Attachments: # 1 Cover letter) (djs) (Entered: 02/16/2010)
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Legal Document (Payment Possibly Required) 50 Filed: 2/4/2010, Entered: None
REVERSED and REMANDED USCA's affirmance of the district court's dismissal by the Supreme Court (Doc #56) - JUDGMENT/MANDATE of USCA as to 44 Notice of Appeal, filed by Henry Watkins Skinner. It is ordered and adjudged that the judgment of the District Court is affirmed. Issued as Mandate: 28 JAN 2010. (djs) Modified on 5/23/2011 (djs). (Entered: 02/04/2010)
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Legal Document (Payment Possibly Required) 49 Filed: 2/4/2010, Entered: None
Opinion of USCA (certified copy) in accordance with USCA judgment re 44 Notice of Appeal, filed by Henry Watkins Skinner. The judgment is AFFIRMED. the motion to expedite the appeal is DENIED as unnecessary. The mandate shall issue forthwith. (djs) (Entered: 02/04/2010)
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Legal Document (Payment Possibly Required) 48 Filed: 2/2/2010, Entered: None Court Filing
ORDER Dismissing Plaintiff's Motion for Stay of Execution - dismissing 46 Application for Stay of Execution for want of jurisdiction. (Ordered by Judge Mary Lou Robinson on 2/2/2010) (jeh) (Entered: 02/02/2010)
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Legal Document (Payment Possibly Required) 47 Filed: 2/1/2010, Entered: None
Brief/Memorandum in Support filed by Henry Watkins Skinner re 46 APPLICATION for Stay of Execution PENDING APPEAL MOTION TO SHORTEN TIME FOR FILING RESPONSE (Robinson, Douglas) (Entered: 02/01/2010)
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Legal Document (Payment Possibly Required) 46 Filed: 2/1/2010, Entered: None
APPLICATION for Stay of Execution PENDING APPEAL, MOTION TO SHORTEN TIME FOR FILING RESPONSE () filed by Henry Watkins Skinner (Robinson, Douglas) (Entered: 02/01/2010)
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Legal Document (Payment Possibly Required) 45 Filed: 1/25/2010, Entered: None
NOTICE of PLAINTIFFS CERTIFICATE REGARDING TRANSCRIPT filed by Henry Watkins Skinner (Robinson, Douglas) (Entered: 01/25/2010)
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Legal Document (Payment Possibly Required) 44 Filed: 1/21/2010, Entered: None
NOTICE OF APPEAL to the Fifth Circuit as to 43 Judgment, 42 Order Adopting Findings and Recommendations by Henry Watkins Skinner. Filing fee $455, receipt number 05390000000003089400. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. (Robinson, Douglas) (Entered: 01/21/2010)
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Legal Document (Payment Possibly Required) 43 Filed: 1/20/2010, Entered: None Court Filing
VACATED and REMANDED by USCA5 for further proceedings in accordance with the Supreme Court's directive (Doc #56) - JUDGMENT - Of equal date herewith, the undersigned US District Judge has entered an Order adopting the Report and Recommendation issued by the US Magistrate Judge and dismissing plaintiff's 42 USC § 1983 complaint. Judgment is entered accordingly. (Ordered by Judge Mary Lou Robinson on 1/20/2010) (djs) Modified on 5/23/2011 (djs). (Entered: 01/20/2010)
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Blank 42 Filed: 1/20/2010, Entered: None Court Filing
ORDER Overruling 41 Objections, ADOPTING 40 Report and Recommendation, Granting Defendant's 28 Motion to Dismiss, and Dismissing § 1983 Complaint (Ordered by Judge Mary Lou Robinson on 1/20/2010) (djs) (Entered: 01/20/2010)
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Legal Document (Payment Possibly Required) 41 Filed: 1/15/2010, Entered: 1/15/2010 Objection to Findings and RecommendationsCourt Filing
OBJECTION to Magistrate Judge's 40 Report and Recommendation. (Robinson, Douglas) Modified on 1/19/2010 (plh). (Entered: 01/15/2010)
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Legal Document (Payment Possibly Required) 40 Filed: 1/15/2010, Entered: 1/15/2010 Findings and RecommendationsCourt Filing
REPORT AND RECOMMENDATION TO GRANT DEFENDANT'S MOTION TO DISMISS AND TO DISMISS 1983 COMPLAINT (Ordered by Magistrate Judge Clinton E Averitte on 1/15/2010) (djs) (Entered: 01/15/2010)
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Legal Document (Payment Possibly Required) 39 Filed: 1/13/2010, Entered: 1/13/2010 ~Notice (other)
NOTICE of Recent Relevant Authority filed by Henry Watkins Skinner (Attachments: # 1 Attachment) (Robinson, Douglas) (Entered: 01/13/2010)
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Legal Document (Payment Possibly Required) 38 Filed: 1/12/2010, Entered: 1/12/2010 ~Notice (other)
NOTICE of Additional Developments re: 23 Notice of Recent Relevant Authority filed by Henry Watkins Skinner (Attachments: # 1 Attachment A, # 2 Attachment B) (Robinson, Douglas) Modified on 1/13/2010 (awc). (Entered: 01/12/2010)
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Blank 37 Filed: 1/11/2010, Entered: 1/11/2010 Brief/Memorandum in Support of Motion
Brief/Memorandum in Support filed by Lynn Switzer re 28 MOTION to Dismiss and Supporting Brief (Defendant's Reply Brief in Support of Defendant's Motion to Dismiss) (White, Mark) Modified on 1/12/2010 (awc). (Entered: 01/11/2010)
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Legal Document (Payment Possibly Required) 36 Filed: 1/11/2010, Entered: 1/11/2010 Order on Motion for Miscellaneous ReliefCourt Filing
ORDER re: 34 Motion to Dispense with Reply, or, in the Alternative, Shorten the Time for Filing a Reply. Plaintiff's motion to dispense with allowing dft the opportunity to reply to plaintiff's response is DENIED. Plaintiff's motion to shorten the time for filing a reply is GRANTED. Dft shall respond to Plaintiff's Response to Dft's Motion to Dismiss on or before 1/12/2010. In the event Dft determines a reply is not necessary, her attorney shall immediately notify the Court, of such on the record. (Ordered by Magistrate Judge Clinton E Averitte on 1/11/2010) (djs) (Entered: 01/11/2010)
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Legal Document (Payment Possibly Required) 35 Filed: 1/6/2010, Entered: 1/6/2010 Brief/Memorandum in Support of Motion
Brief/Memorandum in Support filed by Henry Watkins Skinner re 34 MOTION Plaintiff's Motion to Dispense with Reply or, in the Alternative, Shorten the Time for Filing a Reply (Robinson, Douglas) (Entered: 01/06/2010)
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Legal Document (Payment Possibly Required) 34 Filed: 1/6/2010, Entered: 1/6/2010 Motion for Miscellaneous Relief
MOTION Plaintiff's Motion to Dispense with Reply or, in the Alternative, Shorten the Time for Filing a Reply filed by Henry Watkins Skinner (Robinson, Douglas) (Entered: 01/06/2010)
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Legal Document (Payment Possibly Required) 33 Filed: 1/6/2010, Entered: 1/6/2010 Reply
REPLY filed by Henry Watkins Skinner re: 7 MOTION for Injunction Plaintiff's Motion for Preliminary Injunction (Robinson, Douglas) (Entered: 01/06/2010)
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Blank 32 Filed: 1/6/2010, Entered: 1/6/2010 Response/Objection
RESPONSE filed by Henry Watkins Skinner re: 28 MOTION to Dismiss and Supporting Brief (Robinson, Douglas) (Entered: 01/06/2010)
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Legal Document (Payment Possibly Required) 31 Filed: 12/30/2009, Entered: 12/30/2009 ~Notice (other)
NOTICE of Intent to File Response re: 29 Response/Objection, 28 MOTION to Dismiss and Supporting Brief filed by Henry Watkins Skinner (Robinson, Douglas) (Entered: 12/30/2009)
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Legal Document (Payment Possibly Required) 30 Filed: 12/30/2009, Entered: 12/30/2009 Telephone ConferenceCourt Filing
Minute Entry for proceedings held before Magistrate Judge Clinton E Averitte: Telephone Conference held. Attorney Appearances: Plaintiff - Robert C. Owen, Douglas Robinson, Maria Cruz Melendez; Defense - Mark White, Defendant Lynn Switzer in attendance. (Tape # 09-10) Time in Court: 30 min. (bfb) (Entered: 12/30/2009)
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Legal Document (Payment Possibly Required) 29 Filed: 12/29/2009, Entered: 12/29/2009 Response/Objection
RESPONSE filed by Lynn Switzer re: 7 MOTION for Injunction Plaintiff's Motion for Preliminary Injunction (White, Mark) (Entered: 12/29/2009)
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Blank 28 Filed: 12/29/2009, Entered: 12/29/2009 Motion to Dismiss
MOTION to Dismiss and Supporting Brief filed by Lynn Switzer. (White, Mark) Modified on 12/30/2009 (awc). (Entered: 12/29/2009)
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Legal Document (Payment Possibly Required) 27 Filed: 12/28/2009, Entered: 12/28/2009 OrderCourt Filing
ORDER CORRECTING ORDER SETTING TELEPHONE HEARING - The telephone hearing is still set for Wednesday, 12/30/09 at 2:00pm. The hearing directed all parties to be available to receive the call from the Mag Judge's chambers however, at 9:25 a.m. The Order Setting Telephone Hearing is hereby corrected in that the parties are directed to be available to receive the call from the Mag Judge's chambers at 1:55 pm. All other instructions outlined in the 12/23/09 Order Setting Telephone Hearing remain in effect. (Ordered by Magistrate Judge Clinton E Averitte on 12/28/2009) (plh) (Entered: 12/28/2009)
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Legal Document (Payment Possibly Required) 26 Filed: 12/23/2009, Entered: 12/23/2009 OrderCourt Filing
ORDER SETTING TELEPHONE HEARING: (Telephone Hearing set for 12/30/2009 02:00 PM before Magistrate Judge Clinton E Averitte.) Counsel for both parties shall attend and participate in the telephone hearing. (Ordered by Magistrate Judge Clinton E Averitte on 12/23/2009) (djs) (Entered: 12/23/2009)
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Legal Document (Payment Possibly Required) 25 Filed: 12/23/2009, Entered: 12/23/2009 Telephone ConferenceCourt Filing
Minute Entry for proceedings held before Magistrate Judge Clinton E Averitte: Telephone Conference. Attorney Appearances: Plaintiff - Douglas Robinson and Maria Cruz Melendez; Defense - Mark D White and Lynn Switzer. Time in Court: 35 minutes. plh) Tape 09-08. Modified on 12/29/2009 (bfb). (Entered: 12/23/2009)
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Legal Document (Payment Possibly Required) 24 Filed: 12/22/2009, Entered: 12/22/2009 Notice of Attorney Appearance
NOTICE of Attorney Appearance by Mark D White on behalf of Lynn Switzer. (White, Mark) (Entered: 12/22/2009)
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Legal Document (Payment Possibly Required) 23 Filed: 12/22/2009, Entered: 12/22/2009 ~Notice (other)
NOTICE OF RECENT RELEVANT AUTHORITY filed by Henry Watkins Skinner (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C) (Robinson, Douglas) (Entered: 12/22/2009)
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Legal Document (Payment Possibly Required) 22 Filed: 12/21/2009, Entered: 12/21/2009 OrderCourt Filing
ORDER TO ADVISE COURT OF REPRESENTATION: Defendant is ordered to inform the Court immediately of whether she is currently represented, is still seeking counsel, or has decided to represent herself in this matter. (Ordered by Magistrate Judge Clinton E Averitte on 12/21/2009) (djs) (Entered: 12/21/2009)
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Legal Document (Payment Possibly Required) 21 Filed: 12/11/2009, Entered: 12/11/2009 Order on Application for Admission Pro Hac ViceCourt Filing
ORDER granting 12 Application for Admission Pro Hac Vice of Maria Cruz Melendez. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Mary Lou Robinson on 12/11/2009) (djs) (Entered: 12/11/2009)
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Legal Document (Payment Possibly Required) 20 Filed: 12/10/2009, Entered: 12/10/2009 Order on Motion for Miscellaneous ReliefCourt Filing
ORDER granting 2 Motion for Leave to Proceed Without Local Counsel (Ordered by Magistrate Judge Clinton E Averitte on 12/10/2009) (djs) (Entered: 12/10/2009)
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Legal Document (Payment Possibly Required) 19 Filed: 12/10/2009, Entered: 12/10/2009 Order on Motion to Extend Time to File Response/ReplyCourt Filing
ORDER granting 17 Agreed Motion for Extension of Court's Order to File Responsive Pleading. Responses due by 12/29/2009. Replies due by 1/12/2010. (Ordered by Magistrate Judge Clinton E Averitte on 12/10/2009) (djs) (Entered: 12/10/2009)
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Legal Document (Payment Possibly Required) 18 Filed: 12/9/2009, Entered: 12/9/2009 Response/Objection
RESPONSE filed by Lynn Switzer re: 2 MOTION Plaintiff's Motion for Leave to Proceed Without Local Counsel and Proposed Order (Switzer, Lynn) (Entered: 12/09/2009)
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Legal Document (Payment Possibly Required) 17 Filed: 12/9/2009, Entered: 12/9/2009 Motion for Extension of Time to File Response/Reply
AGREED MOTION for Extension of Time to File Response/Reply OF COURT'S ORDER TO FILE RESPONSIVE PLEADINGS re: 6 Order, filed by Henry Watkins Skinner, Lynn Switzer (Switzer, Lynn) (Entered: 12/09/2009)
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Legal Document (Payment Possibly Required) 16 Filed: 12/9/2009, Entered: 12/9/2009 Telephone ConferenceCourt Filing
Minute Entry for proceedings held before Magistrate Judge Clinton E Averitte: Telephone Conference. Attorney Appearances: Plaintiff - Robert C. Owen, Douglas Robinson, Maria Cruz Melendez; Defense - Defendant Lynn Switzer ; Mike Loftin (not officially retained at this time) (Tape # 09-06) Time in Court: 30 min. (bfb) (Entered: 12/09/2009)
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Legal Document (Payment Possibly Required) 15 Filed: 12/4/2009, Entered: 12/7/2009 Telephone ConferenceCourt Filing
Minute Entry for proceedings held before Magistrate Judge Clinton E Averitte: Telephone Conference held. A telephone Conference is scheduled for December 9, 2009 @ 9:30 a.m. before Judge Averitte. Attorney Appearances: Plaintiff - Robert C. Owen, Douglas Robinson; Defense - Lynn Switzer. (Tape # 09-05) Time in Court: 20 min. (bfb) (Entered: 12/07/2009)
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Legal Document (Payment Possibly Required) 14 Filed: 12/4/2009, Entered: 12/4/2009 OrderCourt Filing
ORDER SETTING TELEPHONE HEARING: (Telephone Hearing set for 12/9/2009 09:30 AM before Magistrate Judge Clinton E Averitte.) Counsel for both parties shall attend and participate in the telephone hearing. (Ordered by Magistrate Judge Clinton E Averitte on 12/4/2009) (djs) (Entered: 12/04/2009)
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Legal Document (Payment Possibly Required) 13 Filed: 12/1/2009, Entered: 12/1/2009 Order on Application for Admission Pro Hac ViceCourt Filing
ORDER granting 11 Application for Admission Pro Hac Vice as to Douglas G. Robinson. Clerk shall deposit application fee to the Non-Appropriated Fund of this Court. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Mary Lou Robinson on 12/1/2009) (djs) Modified on 12/2/2009 (djs). (Entered: 12/01/2009)
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Legal Document (Payment Possibly Required) 12 Filed: 12/1/2009, Entered: 12/1/2009 Application for Admission Pro Hac Vice
Application for Admission Pro Hac Vice of Attorney Maria Elena Cruz Melendez (Filing fee $25; Receipt number 05390000000003019483) filed by Henry Watkins Skinner (Robinson, Douglas) (Entered: 12/01/2009)
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Legal Document (Payment Possibly Required) 11 Filed: 11/30/2009, Entered: 11/30/2009 Application for Admission Pro Hac Vice
Application for Admission Pro Hac Vice of Attorney Douglas G. Robinson (Filing fee $25; Receipt number 05390000000003017878) filed by Henry Watkins Skinner (Robinson, Douglas) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 10 Filed: 11/30/2009, Entered: 11/30/2009 Motion for Miscellaneous Relief
MOTION Plaintiff's Motion to Enlarge Page Limit for His Brief in Support of Plaintiff's Motion for Preliminary Injunction re 8 Brief/Memorandum in Support of Motion filed by Henry Watkins Skinner with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support of Motion to Enlarge Page Limit) (Robinson, Douglas) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 9 Filed: 11/30/2009, Entered: 11/30/2009 Appendix in Support
Appendix in Support filed by Henry Watkins Skinner re 8 Brief/Memorandum in Support of Motion (Attachments: # 1 Appendix to Brief in Support - Part II) (Robinson, Douglas) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 8 Filed: 11/30/2009, Entered: 11/30/2009 Brief/Memorandum in Support of Motion
Brief/Memorandum in Support filed by Henry Watkins Skinner re 7 MOTION for Injunction Plaintiff's Motion for Preliminary Injunction (Robinson, Douglas) (Entered: 11/30/2009)
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Blank 7 Filed: 11/30/2009, Entered: 11/30/2009 Motion for Injunction
MOTION for Injunction Plaintiff's Motion for Preliminary Injunction filed by Henry Watkins Skinner (Robinson, Douglas) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 6 Filed: 11/30/2009, Entered: 11/30/2009 OrderCourt Filing
ORDER: Respondent, Lynn Switzer, is Ordered to file an immediate response to petitioner's Motion to Proceed Without Local Counsel. Also, Respondent, Lynn Switzer, is Ordered to file a responsive pleading to Plaintiff's Complaint within 10 days of the date of this Order. (Ordered by Judge Mary Lou Robinson on 11/30/09) (djs) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 5 Filed: 11/30/2009, Entered: 11/30/2009 Order Referring Case to Magistrate JudgeCourt Filing
ORDER REFERRING CASE to Magistrate Judge Clinton E Averitte Motion(s) referred to Magistrate Judge Clinton E Averitte. (Ordered by Judge Mary Lou Robinson on 11/30/09) (djs) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 4 Filed: 11/30/2009, Entered: 11/30/2009 Cert. Of Interested Persons/Disclosure Statement
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Henry Watkins Skinner. (Robinson, Douglas) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 3 Filed: 11/30/2009, Entered: 11/30/2009 Summons Issued
Summons Issued as to Lynn Switzer. (awc) (Entered: 11/30/2009)
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Legal Document (Payment Possibly Required) 2 Filed: 11/27/2009, Entered: 11/27/2009 Motion for Miscellaneous Relief
MOTION Plaintiff's Motion for Leave to Proceed Without Local Counsel and Proposed Order filed by Henry W Skinner with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support of Plaintiff's Motion for Leave to Proceed Without Local Counsel) (Robinson, Douglas) (Entered: 11/27/2009)
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Legal Document (Payment Possibly Required) 1 Filed: 11/27/2009, Entered: 11/27/2009 ComplaintCourt Filing
COMPLAINT against Lynn Switzer filed by Henry W Skinner. Clerk to issue summons(es). In each Notice of Electronic Filing the filer receives, the judge assignment is indicated in the subject line, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Receipt No. 05390000000003015914 - $350.00) (Attachments: # 1 Civil Cover Sheet) (Robinson, Douglas) Modified on 12/23/2009 (plh). (Entered: 11/27/2009)
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