Smith v. Carila, et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:01-cv-01495-TSE
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Parties
No Logo Maurice B. Smith, Plaintiff
v.
No Logo E. A. Carila, Defendant

Represented by Office of the City Attorney - Virginia Beach

Name Phone Fax E-Mail
Space Mark Douglas Stiles +1 757 385 4531 +1 757 385 5687 mstiles@vbgov.com
Attributes
Office Alexandria
Filed 9/27/2001
Jury Demand None
Demand $0
Nature of Suit 550 - Prisoner Petitions: Civil Rights
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Virginia Beach City
Terminated 12/9/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (27) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 26 Filed: 12/9/2002, Entered: 12/11/2002 Judgment*
JUDGMENT by the clerk pursuant to the order of this court entered on 12/9/02 and in accordance with the FRCP 58, JUDGMENT is hereby entered for E. A. Carila against Maurice B. Smith Copies Mailed: yes [EOD DATE: 12/11/02] (mcke)
LREF
Blank 25 Filed: 12/9/2002, Entered: 12/11/2002 OrderCourt Filing
ORDER for the reasons stated in the accompanying memorandum opinion, granting [19-1] motion by E. A. Carila to Dismiss, granting [19-2] motion by E. A. Carila for Summary Judgment. The clerk is DIRECTED to enter judgment in favor of defts pursuant to FRCP 58 and to send a copy of this order and the accompanying memorandum opinion to pltf, pro se, and counsel of record for deft. ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 12/11/02] (mcke)
LREF
Blank 24 Filed: 12/9/2002, Entered: 12/11/2002 Memorandum and OpinionCourt Filing
MEMORANDUM OPINION - filed ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (mcke)
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Blank -- Filed: 12/9/2002, Entered: 12/11/2002 Terminated Case
Case closed, all pleadings accounted for (mcke)
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Blank 23 Filed: 11/15/2002, Entered: 11/21/2002 Notice of Change of Address
NOTICE of change of Address by Maurice B. Smith, now at South Hampton Reception and Classification Center 15172 Old Belfield Rd, Caporn, VA 23829 (mcke)
LREF
Blank 22 Filed: 9/30/2002, Entered: 10/2/2002 Response
Response by Maurice B. Smith to [21-1] order (mcke)
LREF
Blank 21 Filed: 7/30/2002, Entered: 7/31/2002 OrderCourt Filing
ORDER in response to the court's order dated May 7, 2002, deft filed a motion to dismiss or in the alternative for summary judgment. Pltf is advised that he has the right to file counter-affidavits or other responsive material contesting the affidavits or records filed by deft. If he desires to do this, all responses must be filed within thirty (30) days of the date of this order. ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 7/31/02] (mcke)
LREF
Blank 20 Filed: 6/27/2002, Entered: 6/28/2002 Memorandum in Support
MEMORANDUM by E. A. Carila in support of [19-1] motion by E. A. Carila to Dismiss , [19-2] motion by E. A. Carila for Summary Judgment (mcke)
LREF
Blank 19 Filed: 6/27/2002, Entered: 6/28/2002, Terminated: 12/9/2002 Motion to Dismiss
MOTION by E. A. Carila to Dismiss , or in the alternative by E. A. Carila for Summary Judgment (roseboro notice included) (mcke)
LREF
Blank 18 Filed: 6/10/2002, Entered: 6/11/2002 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to E. A. Carila 5/8/02 Answer due on 7/8/02 for E. A. Carila (mcke)
LREF
Blank 17 Filed: 5/7/2002, Entered: 5/8/2002 OrderCourt Filing
ORDER denying [13-1] motion by Officer Ricardo to Transfer venue to the Norfolk Division of the court, granting [16-1] motion by Maurice B. Smith to Amend [1-1] complaint to add officer Carila and to voluntarily dismiss officer Ricardo as deft. Deft Carila is DIRECTED to file an answer or other responsivie pleading to the amended complaint in accordance with the attached lawsuit and reqeust for waiver of service of summons. Deft Ricardo is DISMISSED from this action without prejudice pursuant to FRCP 41(a) (2). Deft's Ricardo's motion to dismiss or in the alternative for summary judgment of April 10, 2002, is DISMSISED as moot, The Caption in this action is AMENDED to read Maurice Bradley Smith v. Officer E.A. Carila, and the clerk is DIRECTED to send a copy of this order to pltf and to counsel of record for deft Ricardo, to send a copy of this order, the amended complaint, the Notice of Lawsuit and request for wavier of service of summons, and the waiver of service of summons to Master Police Officer E.A. Carila, care of the Virginia Beach Police Dept, 2509 Princess Anne Road, Virginia Beach, VA 23456, attention: Porfessional Standards Office, and to amend the caption of this action to read Maurice Bradley Smith v. Officer E.A. Carila.( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 5/8/02] (mcke)
LREF
Blank 16 Filed: 4/25/2002, Entered: 4/29/2002 Motion to Amend/Correct
MOTION by Maurice B. Smith to Amend [1-1] complaint to add officer Carila and to voluntarily dismiss officer Ricardo as deft (mcke)
LREF
Blank 15 Filed: 4/10/2002, Entered: 4/10/2002 Memorandum in Support
MEMORANDUM by Officer Ricardo in support of [14-1] motion to Dismiss , [14-2] motion by Officer Ricardo for Summary Judgment (mcke)
LREF
Blank 14 Filed: 4/10/2002, Entered: 4/10/2002, Terminated: 5/7/2002 Motion to Dismiss
MOTION by Officer Ricardo to Dismiss , or in the alternative by Officer Ricardo for Summary Judgment (mcke)
LREF
Blank 13 Filed: 4/10/2002, Entered: 4/10/2002, Terminated: 5/7/2002 Motion for Miscellaneous Relief
MOTION with Memorandum in Support by Officer Ricardo by Officer Ricardo to Transfer venue to the Norfolk Division of the court (mcke)
LREF
Blank 12 Filed: 3/11/2002, Entered: 3/12/2002 Waiver of Service Executed
WAIVER OF SERVICE Returned Executed as to Officer Ricardo 2/13/02 Answer due on 4/15/02 for Officer Ricardo (mcke)
LREF
Blank 11 Filed: 2/11/2002, Entered: 2/13/2002 OrderCourt Filing
ORDER defts 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. The clerk is DIRECTED to send a copy of this order to pltf and a copy of this order, the amended complaint, the notice of lawsuit and request for waiver of service of summons, and the waiver of service of summons to Officer Ricardo, care of the Virginia Beach Police Dept., 2509 Princess Anne Road, Virginia Beach, VA 23456, attention: Professional Standards office. ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 2/13/02] (mcke)
LREF
Blank 10 Filed: 2/5/2002, Entered: 2/7/2002 Letter
Letter from Alan Katz, Esq. indicating that the Office of the Attorney General is not authorized to accept service in CA 01-1495-A as the defts appear to be employees of the Virginia Beach Police Department, a local facility. (stas)
LREF
Blank 9 Filed: 1/22/2002, Entered: 1/23/2002 OrderCourt Filing
ORDER pltf's initial partial filing fee is WAIVED, [2-1] this action is FILED in Forma Pauperis; defts 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; Virginia Beach City Jail is DIRECTED to send to the court twenty percent (20%) of pltf's preceding month's income any time his monthly account balance is at least $10.00, until the full $150.00 filing fee has been paid, the correctional facility is DIRECTED to complete the enclosed report of Violation of the consent order and return it to the court. The clerk is DIRECTED to send a copy of this order to pltf, a copy of this order and a Report of Violation of Consent order form and accompanying letter to the Virginia Beach City Jail, and a copy of this order, the amended complaint, the Notice of Lawsuit and request for waiver of service of summons, and the waiver of service of summons to the Officer of the Attorney General for the Commonwealth of VA on behalf of deft. ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 1/23/02] (mcke)
LREF
Blank 8 Filed: 1/14/2002, Entered: 1/17/2002 Order
Prisoner Consent Form by Maurice B. Smith (mcke)
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Blank 7 Filed: 12/28/2001, Entered: 1/2/2002 Prisoner Trust Fund Account Statement
Inmate account report form filed. (mcke)
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Blank 6 Filed: 12/3/2001, Entered: 12/5/2001 OrderCourt Filing
ORDERED this action is administratively filed. Pltf complete and return the consent form; Virginia Beach City Jail return IARF ent and filed ( signed by Judge T. S. Ellis III ) (see order for detail) Copies sent: yes (mcke)
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Blank 5 Filed: 11/8/2001, Entered: 11/9/2001 Motion for Leave to Proceed In Forma Pauperis
MOTION by Maurice B. Smith to Proceed in Forma Pauperis (mcke)
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Blank 4 Filed: 11/8/2001, Entered: 11/9/2001 Amended Complaint
AMENDED COMPLAINT by Maurice B. Smithagainst Officer Ricardo; amending (mcke)
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Blank 3 Filed: 10/11/2001, Entered: 10/11/2001 OrderCourt Filing
ORDER pltf is DIRECTED to particularize and amend his complaint within thirty (30) days of the date of this order ( signed by Judge T. S. Ellis III ) Copies Mailed: yes [EOD Date: 10/11/01] (mcke)
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Blank 2 Filed: 9/27/2001, Entered: 9/28/2001 Motion for Leave to Proceed In Forma Pauperis
MOTION by Maurice B. Smith to Proceed in Forma Pauperis (clerk)
LREF
Blank 1 Filed: 9/27/2001, Entered: 9/28/2001 Complaint
Prisoner complaint administratively filed by Maurice B. Smith (clerk)
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