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 102 |
Filed: 8/13/2018, Entered: None |
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CLERK'S JUDGMENT. Approved by Judge J. Phil Gilbert on 8/13/2018. (jdh)
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| 81 |
Filed: 3/14/2018, Entered: None |
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MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 72 )OVERRULES Holliday's objections (Doc. 77 ), GRANTS in part and DENIES in part the defendants' motion for summary judgment (Doc. 60 ). The Court DENIES Holliday 's motion for summary judgment (Doc. 64 ), and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.Defendants Lakin, Bost and Rushing are terminated from this case. The only claim remaining for trial is Count 1 ag ainst McNaughton, Tassone and Dover based on the December 2014 sewer backups. The Court further ORDERS the parties to submit a proposed final pretrial order to Magistrate Judge Williamss chambers on or before May 1, 2018. Signed by Judge J. Phil Gilbert on 3/14/2018. (jdh)
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| 42 |
Filed: 5/5/2016, Entered: None |
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Mail (doc 40) Returned as Undeliverable. Originally sent to George Holiday (cds) (Entered: 05/06/2016)
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Request |
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| 41 |
Filed: 5/5/2016, Entered: None |
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NOTICE of Appearance by Traci L. Severs on behalf of George Holliday (Severs, Traci) (Entered: 05/05/2016)
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Request |
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| 40 |
Filed: 4/22/2016, Entered: None |
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ORDER assigning Attorney Traci L. Severs for George Holliday(Attorney Appearance due by 5/6/2016); granting 38 Motion to Withdraw as Attorney. Signed by Magistrate Judge Stephen C. Williams on 4/22/2016. (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/22/2016)
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Request |
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| 39 |
Filed: 4/11/2016, Entered: None |
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Mail Returned as Undeliverable (docs 36 and 37). Mail originally sent to George Holiday. (cds) (Entered: 04/11/2016)
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Request |
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| 38 |
Filed: 4/6/2016, Entered: None |
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MOTION to Withdraw as Attorney Assigned by Court by George Holliday. (Joyce, Georgia) (Entered: 04/06/2016)
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Request |
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| 37 |
Filed: 3/25/2016, Entered: None |
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ORDER assigning Attorney Georgia L. Joyce for George Holliday(Attorney Appearance due by 4/8/2016); granting 34 Motion for Recruitment of Counsel. Signed by Magistrate Judge Stephen C. Williams on 3/25/2016. (anj) (Entered: 03/25/2016)
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| 36 |
Filed: 3/25/2016, Entered: None |
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ORDER: The Court GRANTS Defendant Hertz's motion for summary judgment (Doc. 28 ). At the end of the case, the Clerk of Court shall enter judgment in favor of Defendant Hertz and against Plaintiff. The Court DENIES as premature the remaining Defendants' motion (Doc. 30 ) to the extent it sought summary judgment and DENIES the motion (Doc. 30) to the extent it sought dismissal for failure to state a claim. The claims against Defendants Lakin, Bost, McNaughton, Tassome, Rushing, and Unfried remain pending. Signed by Chief Judge Michael J. Reagan on 03/25/16. (dkd) (Entered: 03/25/2016)
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| 35 |
Filed: 3/18/2016, Entered: None |
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MOTION to Deny Dismissal re 30 MOTION to Dismiss for Failure to State a Claim by George Holliday. (jwf) (Entered: 03/18/2016)
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Request |
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| 34 |
Filed: 3/18/2016, Entered: None |
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MOTION for Recruitment of Counsel by George Holliday. (jwf) (Entered: 03/18/2016)
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Request |
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| 33 |
Filed: 3/8/2016, Entered: None |
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ORDER denying 12 Motion for Recruitment of Counsel. Signed by Magistrate Judge Stephen C. Williams on 3/8/2016. (anj) (Entered: 03/08/2016)
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| 32 |
Filed: 1/25/2016, Entered: None |
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TRIAL PRACTICE SCHEDULE: Discovery due by 5/1/2017. Dispositive Motions due by 6/1/2017. Dispositive Motions re Exhaustion of Administrative Remedies due by 3/25/2016. Signed by Magistrate Judge Stephen C. Williams on 1/25/16. (amv) (Entered: 01/25/2016)
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| 31 |
Filed: 1/22/2016, Entered: None |
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NOTICE of Hearing: Final Pretrial Conference set for 11/30/2017 at 10:00 AM in East St. Louis Courthouse before Magistrate Judge Stephen C. Williams. Jury Trial set for 1/8/2018 at 9:00 AM in East St. Louis Courthouse before Chief Judge Michael J. Reagan. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/22/2016)
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| 30 |
Filed: 1/19/2016, Entered: None |
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MOTION to Dismiss for Failure to State a Claim by Nurse Alysea, Nurse Bobby, Gary Bost, Sergeant Dover, Sheriff Lakin, Don McNaughton, Mike Tassome. Responses due by 2/22/2016 (Attachments: # 1 Affidavit Gary Bost, # 2 Affidavit Martha Major)(Eckert, Heidi) (Entered: 01/19/2016)
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| 29 |
Filed: 1/4/2016, Entered: None |
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ORDER granting 27 Motion for Extension of Time to Answer. Answer due 1/19/2016. Signed by Magistrate Judge Stephen C. Williams on 1/4/2016. (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/04/2016)
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| 28 |
Filed: 1/4/2016, Entered: None |
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MOTION to Dismiss or in the Alternative, Motion for Summary Judgment, by Robert Hertz. Responses due by 2/8/2016 (Attachments: # 1 Affidavit)(Maassen, Stephen) (Entered: 01/04/2016)
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| 27 |
Filed: 1/4/2016, Entered: None |
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MOTION for Extension of Time to File Answer by Nurse Alysea, Nurse Bobby, Gary Bost, Sergeant Dover, Sheriff Lakin, Don McNaughton, Mike Tassome. (Eckert, Heidi) (Entered: 01/04/2016)
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Request |
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| 26 |
Filed: 12/30/2015, Entered: None |
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WAIVER OF SERVICE Returned Executed by Robert Hertz. Robert Hertz waiver sent on 11/3/2015, answer due 1/4/2016. (Maassen, Stephen) (Entered: 12/30/2015)
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| 25 |
Filed: 12/30/2015, Entered: None |
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NOTICE of Appearance by Stephen J. Maassen on behalf of Robert Hertz (Maassen, Stephen) (Entered: 12/30/2015)
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| 24 |
Filed: 12/15/2015, Entered: None |
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ORDER finding as moot 3 Motion for Recruitment of Counsel as Plaintiff has a subsequent pending motion for recruitment of counsel which contains the same information. Signed by Magistrate Judge Stephen C. Williams on 12/15/2015. (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/15/2015)
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| 23 |
Filed: 12/9/2015, Entered: None |
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WAIVER OF SERVICE Returned Executed by Nurse Bobby. Nurse Bobby waiver sent on 11/3/2015, answer due 1/4/2016. (Eckert, Heidi) (Entered: 12/09/2015)
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| 22 |
Filed: 12/9/2015, Entered: None |
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WAIVER OF SERVICE Returned Executed by Nurse Alysea. Nurse Alysea waiver sent on 11/3/2015, answer due 1/4/2016. (Eckert, Heidi) (Entered: 12/09/2015)
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| 21 |
Filed: 12/9/2015, Entered: None |
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WAIVER OF SERVICE Returned Executed by Sergeant Dover. Sergeant Dover waiver sent on 11/3/2015, answer due 1/4/2016. (Eckert, Heidi) (Entered: 12/09/2015)
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| 20 |
Filed: 12/9/2015, Entered: None |
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WAIVER OF SERVICE Returned Executed by Mike Tassome. Mike Tassome waiver sent on 11/3/2015, answer due 1/4/2016. (Eckert, Heidi) (Entered: 12/09/2015)
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| 19 |
Filed: 12/9/2015, Entered: None |
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WAIVER OF SERVICE Returned Executed by Don McNaughton. Don McNaughton waiver sent on 11/3/2015, answer due 1/4/2016. (Eckert, Heidi) (Entered: 12/09/2015)
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| 18 |
Filed: 12/9/2015, Entered: None |
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WAIVER OF SERVICE Returned Executed by Gary Bost. Gary Bost waiver sent on 11/3/2015, answer due 1/4/2016. (Eckert, Heidi) (Entered: 12/09/2015)
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| 17 |
Filed: 12/9/2015, Entered: None |
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WAIVER OF SERVICE Returned Executed by Sheriff Lakin. Sheriff Lakin waiver sent on 11/3/2015, answer due 1/4/2016. (Eckert, Heidi) (Entered: 12/09/2015)
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| 16 |
Filed: 12/9/2015, Entered: None |
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NOTICE of Appearance by Heidi L. Eckert on behalf of Nurse Alysea, Nurse Bobby, Gary Bost, Sergeant Dover, Sheriff Lakin, Don McNaughton, Mike Tassome (Eckert, Heidi) (Entered: 12/09/2015)
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| 15 |
Filed: 11/3/2015, Entered: None |
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REQUEST FOR WAIVER of Service sent to Lakin, Hertz, Bost, McNaughton, Tassome, Dover, Bobby, and Alysea on 11/3/2015. Waiver of Service due by 12/3/2015. (tjk) (Entered: 11/03/2015)
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| 14 |
Filed: 11/2/2015, Entered: None |
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ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. Signed by Chief Judge Michael J. Reagan on 11/2/2015. (tjk) (Entered: 11/02/2015)
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| 13 |
Filed: 8/10/2015, Entered: None |
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NOTICE of Change of Address by George Holliday (Attachments: # 1 Envelope)(cds) (Entered: 08/10/2015)
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Request |
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| 12 |
Filed: 6/15/2015, Entered: None |
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MOTION for Recruitment of Counsel by George Holliday. (Attachments: # 1 envelope)(cds) (Entered: 06/15/2015)
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Request |
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| 11 |
Filed: 4/7/2015, Entered: None |
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ORDER: On March 16, 2015, Plaintiff filed a complaint (Doc. 1). On March 25, 2015, the Court received a document (Doc. 7), which seeks to supplement in piecemeal fashion the original complaint. The Court has construed this document (Doc. 7) as a motion to amend the complaint. However, the Court cannot accept piecemeal amendments to the original complaint. Therefore, the motion to amend the complaint (Doc. 7) is DENIED. If Plaintiff wishes to file a proper First Amended Complaint, stating any facts which may exist to support his claims and naming the individual Defendants directly responsible for the alleged constitutional violations, he shall do so within 21 days of the date of this order (on or before April 28, 2015). If Plaintiff does not file an amended complaint in accordance with this order, the Court will proceed with its threshold review of the original complaint (Doc. 1). Plaintiff is advised that an amended complaint supersedes and replaces the original complaint, rendering the original complaint void. See Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n.1 (7th Cir. 2004). Thus, the amended complaint must stand on its own, without reference to any previous pleading. In order to assist Plaintiff in preparing his amended complaint, the Clerk is DIRECTED to mail Plaintiff a blank civil rights complaint form. (Doc. 7). In addition, Plaintiff's motion for copies (Doc. 8) is DENIED. As a general rule, the District Clerk will mail paper copies of any document to a party only upon prepayment of the required fee. According to 28 U.S.C. § 1914(b), "[t]he clerk shall collect from the parties such additional fees only as are prescribed by the Judicial Conference of the United States." The Judicial Conference Schedule of Fees section (4) provides that a fee of $.50 per page shall apply for reproducing any record or paper. The Clerk is DIRECTED to mail Plaintiff a copy of the docket sheet in this case. Should Plaintiff desire copies of any documents from the court file, he should request the document(s) by number and send the required prepayment.(Amended Pleadings due by 4/28/2015). Signed by Chief Judge Michael J. Reagan on 4/6/2015. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/07/2015)
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| 10 |
Filed: 4/6/2015, Entered: None |
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Mail Returned as Undeliverable. Document 5 sent to George Holliday. (anm) (Entered: 04/06/2015)
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Request |
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| 9 |
Filed: 3/27/2015, Entered: None |
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NOTICE of Change of Address by George Holliday. (anm) (Entered: 03/27/2015)
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Request |
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| 8 |
Filed: 3/25/2015, Entered: None |
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MOTION for copies by George Holliday. (trb) (Entered: 03/25/2015)
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Request |
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| 7 |
Filed: 3/25/2015, Entered: None |
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AMENDED COMPLAINT against All Defendants, filed by George Holliday.(trb) (Entered: 03/25/2015)
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| 6 |
Filed: 3/23/2015, Entered: None |
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CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (slh) (Entered: 03/23/2015)
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| 5 |
Filed: 3/23/2015, Entered: None |
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ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. 2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $2.00. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, P.O. Box 249, East St. Louis, Illinois 62202. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Madison County Jail upon entry of this Order. Signed by Chief Judge Michael J. Reagan on 3/23/2015. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/23/2015)
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| 4 |
Filed: 3/16/2015, Entered: None |
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Letter from USDC/SDIL to Plaintiff informing him of case number. (Attachments: # 1 Consent to Magistrate Judge) (jaj) (Entered: 03/16/2015)
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Request |
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| 3 |
Filed: 3/16/2015, Entered: None |
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MOTION for Recruitment of Counsel by George Holliday. (jaj) (Entered: 03/16/2015)
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Request |
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| 2 |
Filed: 3/16/2015, Entered: None |
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MOTION for Leave to Proceed in forma pauperis by George Holliday. (jaj) (Entered: 03/16/2015)
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| 1 |
Filed: 3/16/2015, Entered: None |
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COMPLAINT against All Defendants filed by George Holliday. (Attachments: # 1 Envelope)(jaj) (Entered: 03/16/2015)
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