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 55 |
Filed: 4/21/2003, Entered: 4/24/2003 |
Judgment* |
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JUDGMENT for Deputy Thopson, Deputy Ward, Deputy Collins against Lemuel Octievies Taylor entered by Clerk pursuant to FRCP 58; Copies Mailed: yes [EOD DATE: 4/24/03] (clerk)
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| 54 |
Filed: 4/21/2003, Entered: 4/22/2003 |
Order |
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ORDER, for the reasons stated in the accompanying Memorandum Opinion, GRANTING [48-1] Motion by Deputy Collins, Deputy Thopson, Deputy Ward for Summary Judgment; ORDERED that judgment be and is entered in favor or defts Thompson, Ward & Collins (see Order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 4/22/03] (clerk) Modified on 04/24/2003
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| 53 |
Filed: 4/21/2003, Entered: 4/22/2003 |
Memorandum and Opinion |
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MEMORANDUM OPINION - filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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| -- |
Filed: 4/21/2003, Entered: 4/22/2003 |
Docket Annotation |
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ALL PLEADINGS ACCOUNTED FOR AND IN ORDER (clerk)
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| -- |
Filed: 4/21/2003, Entered: 4/22/2003 |
Terminated Case |
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Case closed (clerk)
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| 52 |
Filed: 1/23/2003, Entered: 1/28/2003 |
Response |
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RESPONSE by Lemuel Octievies Taylor to [51-1] order dated 1/13/03 (clerk)
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| 51 |
Filed: 1/13/2003, Entered: 1/13/2003 |
Order |
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ORDER; Pltf is ADVISED that he has the right to file counter-affidavits, or other responsive material contesting the affidavits or records filed by defts with their Motion to Dismiss. If he desires to do this, all responses must be filed within 30 days of the date of this Order. Pltf also is ADVISED that failure to file responsive material within the time specified may result in the Court resolving defts' motion based on the evidence and pleadings filed. If pltf believes that the material already submitted are sufficient for fair resolution of the issues before the Court, he need not file additional pleadings or affidavits (See order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 1/13/03] (clerk)
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| 50 |
Filed: 12/20/2002, Entered: 12/23/2002 |
Response to Motion |
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RESPONSE by Lemuel Octievies Taylor to [48-1] motion by Deputy Collins, Deputy Thopson, Deputy Ward for Summary Judgment (clerk)
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| 49 |
Filed: 12/16/2002, Entered: 12/19/2002 |
Memorandum in Support |
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BRIEF by Deputy Ward, Deputy Thopson, Deputy Collins in support of [48-1] motion by Deputy Collins, Deputy Thopson, Deputy Ward for Summary Judgment (clerk)
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| 48 |
Filed: 12/16/2002, Entered: 12/19/2002, Terminated: 4/21/2003 |
Motion for Summary Judgment |
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MOTION by Deputy Collins, Deputy Thopson, Deputy Ward for Summary Judgment (clerk)
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| -- |
Filed: 12/2/2002, Entered: 12/9/2002 |
Miscellaneous Document |
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Prisoner Payment paid in the amount:$ 13.97 Receipt: 100 159858 (clerk)
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| 47 |
Filed: 11/18/2002, Entered: 11/19/2002 |
Order |
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ORDERED that defts file any warranted and appropriate pre-discovery dispositive motions within 30 days of the date of this Order (See order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 11/19/02] (clerk)
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| -- |
Filed: 11/5/2002, Entered: 11/8/2002 |
Miscellaneous Document |
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Prisoner Payment paid in the amount:$ 7.48 Receipt: 100 159239 (clerk)
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| 46 |
Filed: 10/31/2002, Entered: 11/6/2002 |
Response |
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Response by Lemuel Octievies Taylor to [43-1] answer by Deputy Thopson (clerk)
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| 45 |
Filed: 10/29/2002, Entered: 11/5/2002 |
Summons Returned Executed |
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Summons returned unexecuted as to Deputy Thopson from US Marshal Service (clerk)
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| 44 |
Filed: 10/25/2002, Entered: 11/4/2002 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed as to Deputy Thopson 8/20/02 Answer due on 10/21/02 for Deputy Thopson (clerk)
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| 43 |
Filed: 10/24/2002, Entered: 10/29/2002 |
Answer |
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ANSWER to Complaint by Deputy Thopson (Attorney Jeffery L. Nuckolls) (clerk)
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| -- |
Filed: 10/11/2002, Entered: 10/11/2002 |
Summons Issued |
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SUMMONS(ES) (Orig & 1) issued and given to US Marshal for service as to Deputy Thopson (clerk)
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| 42 |
Filed: 10/7/2002, Entered: 10/9/2002 |
Order |
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ORDERED that deft Thopson file an answer or other responsive pleadings to the complaint in accordance with the attached summons (See order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 10/9/02] (clerk)
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| 41 |
Filed: 10/3/2002, Entered: 10/8/2002 |
Answer |
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ANSWER to Complaint by Deputy Ward, Deputy Collins (Attorney Jeffery L. Nuckolls) (clerk)
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| -- |
Filed: 10/2/2002, Entered: 10/4/2002 |
Miscellaneous Document |
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Prisoner Payment paid in the amount:$ 7.48 Receipt: 100 158411 (clerk)
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| 40 |
Filed: 9/20/2002, Entered: 9/24/2002 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed as to Deputy Ward 8/20/02 Answer due on 10/21/02 for Deputy Ward (clerk)
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| 39 |
Filed: 9/16/2002, Entered: 9/18/2002 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed as to Deputy Collins 8/20/02 Answer due on 10/21/02 for Deputy Collins (clerk)
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| 38 |
Filed: 9/16/2002, Entered: 9/18/2002 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed as to Deputy Ward 8/20/02 Answer due on 10/21/02 for Deputy Ward (clerk)
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| -- |
Filed: 8/29/2002, Entered: 9/3/2002 |
Miscellaneous Document |
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Prisoner Payment paid in the amount:$ 5.59 Receipt: 100 157552 (clerk)
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| -- |
Filed: 8/21/2002, Entered: 8/21/2002 |
Docket Annotation |
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Notice of Lawsuit and Request for Waiver of Service sent to Dft's Ward, Collins and Thompson (agil)
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| 37 |
Filed: 8/20/2002, Entered: 8/21/2002 |
Order |
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ORDER that: the Clerk place Chesapeake City Jail's correspondence received 7/16/02, in which dft's addresses are supplied, under seal; that the Clerk refrain from forwarding Chesapeake City Jail's correspondence in which the dft's addresses are supplied, until and unless the Court directs; Dft Ward, Collins and Thopson file an answer or other responsive pleadings to the complaint in accordance w/the attached Notice of Lawsuit and Request for Waiver of Service of Summons; Once dft's have responded, pltf must serve a copy of every pleading on dfts by mailing it to counsel for dfts required by Fed.R.Civ.P. 5; If the Court is unable to effect service on dfts, and dfts are not otherwise served, dfts will be disimissed from the instant action w/o prejudice. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 8/21/02 [EOD Date: 8/21/02] (agil)
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| 36 |
Filed: 7/16/2002, Entered: 7/19/2002 |
Response |
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RESPONSE by Office of the Sheriff City of Chesapeake to [34-1] order dated 7/2/02 (clerk)
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| 35 |
Filed: 7/2/2002, Entered: 7/3/2002 |
Judgment* |
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JUDGMENT for Deputy Cole and Deputy Harris against Lemuel Octievies Taylor (entered by Clerk pursuant to FRCP 58) Copies Mailed: yes [EOD DATE: 7/3/02] (pmil)
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| 34 |
Filed: 7/2/2002, Entered: 7/3/2002 |
Order |
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ORDER, in accordance with the accompanying Memorandum Opinion, pursuant to defts' indication that pltf misspelled deft Harris' name in the Answer (docket no. 22), the Clerk is DIRECTED to amend deft Hairs' name to Harris; granting [25-1] motion by Harris, Cole for Summary Judgment; and it is further ORDERED that judgment is ENTERED in favor of defts' Cole and Harris; and Pltf's claims re: the events of July 22, 1999, are DISMISSED pursuant to 28 USC 1915A; and it is further ORDERED that the Clerk of the Court request that Chesapeake City Jail SUBMIT the full name and forwarding address of defts' Deputies Ward, Thopson, and Collins, if known, within thirty (30) days from the date this Order; and it is further ORDERED that pltf's motion to amend is DENIED ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 7/3/02] (pmil) Modified on 07/03/2002
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| 33 |
Filed: 7/2/2002, Entered: 7/2/2002 |
Memorandum and Opinion |
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MEMORANDUM OPINION - filed (signed by Judge Leonie M. Brinkema) Copies Mailed: yes (clerk)
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| -- |
Filed: 5/7/2002, Entered: 5/9/2002 |
Miscellaneous Document |
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Prisoner Payment paid in the amount:$ 32.00 Receipt: 100 154713 (clerk)
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| -- |
Filed: 4/2/2002, Entered: 4/5/2002 |
Miscellaneous Document |
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Prisoner Payment paid in the amount:$ 1.12 Receipt: 100 153806 (clerk)
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| 32 |
Filed: 3/19/2002, Entered: 3/20/2002 |
Order |
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ORDERED that [23-1] motion by Lemuel Octievies Taylor for Appointment of Counsel be and is DENIED (See order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 3/20/02] (clerk)
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| 31 |
Filed: 2/5/2002, Entered: 2/7/2002 |
Affidavit |
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AFFIDAVIT by Lemuel Octievies Taylor (clerk)
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| 30 |
Filed: 2/5/2002, Entered: 2/7/2002 |
Affidavit |
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AFFIDAVIT by Lemuel Octievies Taylor (clerk)
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| -- |
Filed: 1/11/2002, Entered: 1/15/2002 |
Miscellaneous Document |
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Prisoner Payment paid in the amount:$ 17.00 Receipt: 100 151613 (clerk)
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| 29 |
Filed: 1/4/2002, Entered: 1/4/2002 |
Order |
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ORDERED that [28-1] motion by Lemuel Octievies Taylor for Enlargement of Time is GRANTED; and Pltf is DIRECTED to file his responsive material to defts' Motion for Summary Judgment within 30 days of the date of this Order (See order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 1/4/02] (clerk)
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| 28 |
Filed: 12/13/2001, Entered: 12/17/2001, Terminated: 1/4/2002 |
Motion for Extension |
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MOTION by Lemuel Octievies Taylor for Extension of Time (ppal)
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| -- |
Filed: 12/12/2001, Entered: 12/17/2001 |
Miscellaneous Document |
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PRISONER Payment paid in the amount $7.00 Receipt 100150888 (ppal)
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| 27 |
Filed: 11/19/2001, Entered: 11/20/2001 |
Order |
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ORDER; Pltf is ADVISED that he has the right to file counter-affidavits (sworn statements subject to the penalty of perjury), or other responsive material contesting the affidavits or records filed by defts with their Motion to Dismiss. If he desires to do this, all responses must be filed within 30 days of the date of this Order. Pltf also is ADVISED that failure to file responsive material within the time specified will result in the Court resolving defts' motion based on the evidence and pleadings filed. If pltf believes that the materials already submitted are sufficient for fair resolution of the issues before the Court, he need not file additional pleadings or affidavits (See order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 11/20/01] (clerk)
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| 26 |
Filed: 10/26/2001, Entered: 10/29/2001 |
Memorandum in Support |
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BRIEF by Cole, Hairs in support of [25-1] motion by Hairs, Cole for Summary Judgment (clerk)
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| 25 |
Filed: 10/26/2001, Entered: 10/29/2001, Terminated: 7/2/2002 |
Motion for Summary Judgment |
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MOTION by Hairs, Cole for Summary Judgment (clerk)
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| -- |
Filed: 10/3/2001, Entered: 10/4/2001 |
Miscellaneous Document |
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Prisoner Payment paid in the amount:$ 17.51 Receipt: 100 149259 (clerk)
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| 24 |
Filed: 10/2/2001, Entered: 10/2/2001 |
Order |
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ORDER that Dfts are DIRECTED to file any warranted and appropriate pre-discovery dispositive motions within thirty (30) days of the date of this Order; [20-1] motion by Hairs, Cole for Transfer of Venue is DENIED as premature. (See order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 10/2/01] (clerk)
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| 23 |
Filed: 8/29/2001, Entered: 8/30/2001, Terminated: 3/19/2002 |
Motion to Appoint Counsel |
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MOTION by Lemuel Octievies Taylor for Appointment of Counsel (clerk)
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| 23 |
Filed: 8/29/2001, Entered: 8/30/2001, Terminated: 3/19/2002 |
Response to Motion |
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RESPONSE by Lemuel Octievies Taylor to [20-1] motion by Hairs, Cole for Transfer of Venue (clerk)
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| 22 |
Filed: 8/27/2001, Entered: 8/27/2001, Terminated: 4/21/2003 |
Answer |
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ANSWER to Complaint by Cole, Hairs (Attorney Jeffery L. Nuckolls), (kjon)
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| 21 |
Filed: 8/24/2001, Entered: 8/24/2001 |
Memorandum in Support |
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BRIEF by Cole, Hairs in support of [20-1] motion by Hairs, Cole for Transfer of Venue (clerk)
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| 20 |
Filed: 8/24/2001, Entered: 8/24/2001, Terminated: 10/2/2001 |
Motion to Change Venue |
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MOTION by Hairs, Cole for Transfer of Venue (clerk)
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| 19 |
Filed: 8/8/2001, Entered: 8/9/2001 |
Order |
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ORDERED that [18-1] motion by Lemuel Octievies Taylor to Reconsider [15-1] judgment be and is GRANTED, and it is hereby ORDERED that the Order of 4/17/01 be and is VACATED and this civil action is reinstated to the docket of the Court and it is further ORDERED that defts file an answer or other responsive pleading to the complaint and the amendments thereto within 30 days of the date of this Order (See order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 8/9/01] (clerk)
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| -- |
Filed: 8/8/2001, Entered: 8/9/2001 |
Case Reopened |
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Case reopened (clerk)
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| 18 |
Filed: 7/12/2001, Entered: 7/13/2001, Terminated: 8/8/2001 |
Motion for Reconsideration |
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MOTION by Lemuel Octievies Taylor for Reconsideration of [15-1] order dated 4/17/01 (clerk)
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| -- |
Filed: 7/10/2001, Entered: 7/23/2001 |
Miscellaneous Document |
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Prisoner Payment paid in the amount:$ 28.00 Receipt: 100 147207 (clerk)
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| -- |
Filed: 7/10/2001, Entered: 7/10/2001 |
Miscellaneous Document |
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Prisoner Payment paid in the amount:$ 28.00 Receipt: 100 147207 (clerk)
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| -- |
Filed: 7/5/2001, Entered: 7/5/2001 |
Docket Annotation |
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Per Pro Se law clerk; Updated prisoner address (clerk)
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| -- |
Filed: 6/6/2001, Entered: 6/11/2001 |
Miscellaneous Document |
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Prisoner Payment paid in the amount:$ 18.00 Receipt: 100 146387 (clerk)
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| -- |
Filed: 5/9/2001, Entered: 5/10/2001 |
Miscellaneous Document |
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Prisoner Payment paid in the amount:$ 1.28 Receipt: 100 145734 (ppal)
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| 17 |
Filed: 4/26/2001, Entered: 5/1/2001 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed as to Cole 3/28/01 (clerk)
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| 16 |
Filed: 4/26/2001, Entered: 5/1/2001 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed as to Hairs 3/28/01 (clerk)
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| 15 |
Filed: 4/17/2001, Entered: 4/18/2001 |
Order |
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ORDERED that this action be and is DISMISSED without prejudice (See order for details) (signed by Judge Leonie M. Brinkema) Copies Mailed: yes [EOD Date: 4/18/01] (VACATED per ORDER of LMB 8/8/01) (clerk) Modified on 08/09/2001
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| -- |
Filed: 4/17/2001, Entered: 4/18/2001 |
Docket Annotation |
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All pleadings accounted for and in order. (clerk)
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| -- |
Filed: 4/17/2001, Entered: 4/18/2001 |
Terminated Case |
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Case closed (clerk)
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| 14 |
Filed: 3/28/2001, Entered: 3/29/2001 |
Order |
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ORDER that: Dft's are DIRECTED to file an answer or other responsive pleading to the amended complaint in accordance with the attached Notice of Lawsuit and Request for Waiver of Service of Summons; and pltf is ADVISED that Rule 5 of the Fed. R. Civ. P. requires that he serve a copy of every pleading after the complaint on all parties by mailing it to counsel for dft's. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 3/29/01] (agil)
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| 13 |
Filed: 1/29/2001, Entered: 2/6/2001 |
Waiver of Service Executed |
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WAIVER OF SERVICE Returned Executed (Defts name is not on the waiver of service) (clerk)
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| 12 |
Filed: 1/25/2001, Entered: 1/30/2001 |
Letter |
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Letter from the Commonwealth of Virginia re: Service; the defts appear to be employees of the local jail and not an agency of the Commonwealth, the Office of the Attorney General does not represent them and is not authorized to accept service for them. (clerk)
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| 11 |
Filed: 1/16/2001, Entered: 1/17/2001 |
Order |
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ORDER that: Pltf's initial partial filing fee is WAIVED; This action is FILED in forma pauperis; Dft's are DIRECTED to file an answer or other responsive pleading to the amended complaint in accordance w/the atttached Notice of Lawsuit and request for Waiver of Service of Summons; Mecklenburg Correctional Center is DIRECTED to send the Court 20% of the pltf's preceding month's income any time his monthly account is at least $10.00 unitl the full $150.00 filing fee has been paid. Should pltf fail to keep 20% of his preceding month's income in his account, the correctional facility is DIRECTED to complete the enclosed Report of Violation of the Consent Order and return it to the Court; and Pltf is ADVISED that Rule 5 of the Fed. R. Civ. P. requires that he serve a copy of every pleading after the complaint on all parties by mailing it to counsel for dfts. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 1/17/01] (agil)
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| 10 |
Filed: 10/10/2000, Entered: 10/12/2000 |
Order |
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ORDER By Order dated 8/14/00, this Court directed Chesapeake City Jail to complete and return an IARF. To date, this Court has not received the requested information from Chesapeake City Jail. Accordingly, the Clerk of Court is DIRECTED to request from the Chesapeake City Jail an IARF on the pltf. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 10/12/00] (psid)
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| 9 |
Filed: 8/14/2000, Entered: 8/22/2000 |
Order |
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ORDER that: 1) The Clerk of the Court is Directed to request from the Chesapeake City Jail an Inmate Account Report Form on the pltf; 2) Denying [4-1] motion for Appointment of Counsel; 3) Denying [4-2] motion for the Court to contact relatives to pay filing fee; 4) The clerk is Directed to send pltf a copy of his signed consent form. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 8/22/00] (agil)
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| 8 |
Filed: 7/19/2000, Entered: 7/20/2000 |
Response |
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RESPONSE by Lemuel Octievies Taylor to [5-1] order (clerk)
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| 7 |
Filed: 7/19/2000, Entered: 7/20/2000 |
Order |
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Prisoner Consent Form by Lemuel Octievies Taylor (clerk)
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| 6 |
Filed: 7/3/2000, Entered: 7/5/2000 |
Prisoner Trust Fund Account Statement |
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Inmate account report form filed. (clerk)
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| 5 |
Filed: 6/27/2000, Entered: 6/28/2000 |
Order |
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ORDER that this action is administratively filed solely for the convenience of the Clerk; Pltf is Directed to complete and return the enclosed Consent Form, which acknowledges pltf's continuing obligation to pay the full $150.00 filing fee; the clerk of the court is Directed to request from the Mecklenburg Correctional Center and Inmate Account Report Form on the pltf; Pltf is Advised that failure to leave 20% of the deposits in his inmate account in accordance w/the consent form constitutes cause for dismissal of this action; Pltf is Advised that he must provide proof of his exhaustion of administrative remedies, in the form of either a sworn statement or documentary evidence. Failure to provide any of the above requested info. w/in 30 days of the date of this Order will result in summary dismissal of this action w/o prejudice; Pltf is Advised that failure to immediately inform the Court of his new address in the event he is transferred, released, or otherwise relocated will result in the dismissal of this complaint w/o prejudice. See order ofr details. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 6/28/00] (agil)
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| 4 |
Filed: 6/16/2000, Entered: 6/19/2000, Terminated: 8/14/2000 |
Motion to Appoint Counsel |
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MOTION by Lemuel Octievies Taylor for Appointment of Counsel , and by Lemuel Octievies Taylor request to contact for the Court to contact relatives to pay filing fee (clerk)
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| 3 |
Filed: 6/13/2000, Entered: 6/15/2000 |
Response |
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Response by Lemuel Octievies Taylor to [2-1] order of 5/16/00 (clerk)
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| 2 |
Filed: 5/16/2000, Entered: 5/16/2000 |
Order |
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ORDERED that this action is administratively FILED solely for the convenience of the Clerk; Pltf is DIRECTED to either pay a filing fee of $150.00 or file an application seeking leave to proceed in forma pauperis. Failure to comply w/ this Order w/in 30 days of the date of this Order will result in the dismissal of this action; Pltf INFORM the Court w/in 30 days whether he fully exhausted his administrative remedies before filing this action. Pltf is ADVISED that failure to immediately notify the Court in the event he is transferred, released or otherwise relocated will result in the dismissal of this complaint pursuant to FRCP 41(b). (see Order for details) (signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 5/16/00] (clerk)
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| 1 |
Filed: 4/12/2000, Entered: 4/13/2000 |
Complaint |
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Prisoner complaint administratively filed by Lemuel Octievies Taylor (clerk)
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