Morke v. Ellsworth, et al
Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:95-cv-00003-LMB

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No Logo Thomas R. Morke, Plaintiff
v.
No Logo DAVID JONES, Defendant

Toggle Switch Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Collin Jefferson Hite +1 804 775 1000 chite@mcguirewoods.com
No Logo Dudley Greene, Defendant

Toggle Switch Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Collin Jefferson Hite +1 804 775 1000 chite@mcguirewoods.com
No Logo Ellis B. Wright, Jr., Defendant

Toggle Switch Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Collin Jefferson Hite +1 804 775 1000 chite@mcguirewoods.com
No Logo F. S. Spence, Defendant

Toggle Switch Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Collin Jefferson Hite +1 804 775 1000 chite@mcguirewoods.com
No Logo H. Akers, Defendant

Toggle Switch Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Collin Jefferson Hite +1 804 775 1000 chite@mcguirewoods.com
No Logo James Smith, Jr., Defendant

Toggle Switch Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Collin Jefferson Hite +1 804 775 1000 chite@mcguirewoods.com
No Logo Mitchell Ellsworth, Defendant

Toggle Switch Represented by johnsonjoneslaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Vaughan Christopher Jones +1 804 788 8880 vjones@johnsonjoneslaw.com
No Logo Richard Cox, Defendant

Toggle Switch Represented by McGuireWoods LLP

Name Phone Fax E-Mail
Space Collin Jefferson Hite +1 804 775 1000 chite@mcguirewoods.com
No Logo Virginia Correctional Enterprises, Defendant
No Logo Virginia Department of Corrections, Defendant
Office Alexandria
Filed 1/3/1995
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 - Jury Verdict
County Sussex
Terminated 10/6/1997
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, JURY
  Entries (118) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 9/28/1999, Entered: 9/28/1999 Docket Annotation
Bill of Costs no longer pending - granted by Order of LMB 12/22/97 re: issuance of subpoena (pleading #97) (jsol)
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    Blank 102 Filed: 4/24/1998, Entered: 4/28/1998 OrderCourt Filing
    ORDER granting [100-1] motion by Mitchell Ellsworth to Extend Time, granting [99-1] motion to Quash and Objection to Subpoena Duces Tecum Under Rule 45(c) - filed by Director DPT, denying [98-1] motion by Thomas R. Morke for Adjudication of Contempt.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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      Blank 101 Filed: 4/21/1998, Entered: 4/22/1998 Miscellaneous Document
      Reply to by Thomas R. Morke [99-1] motion to Quash and Objection to Subpoena Duces Tecum Under Rule 45(c) - filed by Director DPT (clerk)
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        Blank 100 Filed: 4/15/1998, Entered: 4/17/1998, Terminated: 4/24/1998 Motion for Extension
        MOTION by Mitchell Ellsworth to Extend Time and Objections to pltf's Verified Motion for adjudication of Contempt. (clerk)
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          Blank 99 Filed: 4/13/1998, Entered: 4/13/1998, Terminated: 4/24/1998 Motion to Quash
          MOTION to Quash and Objection to Subpoena Duces Tecum Under Rule 45(c) - filed by Director DPT (jsol)
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            Blank 98 Filed: 4/6/1998, Entered: 4/7/1998 Motion for Miscellaneous Relief
            VERIFIED MOTION by Thomas R. Morke for Adjudication of Contempt (clerk)
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              Blank -- Filed: 12/24/1997, Entered: 12/24/1997 Docket Annotation
              Subpoena was issued on Mr. Charles E. James, Jr. Dir. of Personnel and Training for the Commonwealth of Virginia (clerk)
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                Blank 97 Filed: 12/22/1997, Entered: 12/23/1997 OrderCourt Filing
                ORDER granting [90-1] motion by Thomas R. Morke for Issuance of Subpoena Duces Tecum; pltf's request for cost totaling $431.01 is hereby GRANTED.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (clerk)
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                  Blank 96 Filed: 12/22/1997, Entered: 12/23/1997 OrderCourt Filing
                  ORDER granting [94-1] motion by Mitchell Ellsworth for Collin J. Hite to Withdraw as Attorney (Terminated attorney Collin Jefferson Hite for Mitchell Ellsworth, attorney Collin Jefferson Hite for Mitchell Ellsworth.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (clerk)
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                    Blank 95 Filed: 12/19/1997, Entered: 12/19/1997 Notice of Hearing.
                    NOTICE of Telephone Hearing: Motion Hearing set for 9:00 1/22/97 for [94-1] motion by Mitchell Ellsworth for Collin J. Hite to Withdraw as Attorney (clerk)
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                      Blank 94 Filed: 12/16/1997, Entered: 12/16/1997, Terminated: 12/22/1997 Motion to Withdraw as Attorney
                      MOTION by Mitchell Ellsworth for Collin J. Hite to Withdraw as Attorney (clerk)
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                        Blank 93 Filed: 12/16/1997, Entered: 12/16/1997 Notice of Hearing.Court Filing
                        NOTICE of Hearing: Telephone hearing on Motion to w/d as counsel for deft Ellsworth - 12/18/97 @ 9:30 AM w/Judge Brinkema (jsol)
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                          Blank 92 Filed: 12/15/1997, Entered: 12/15/1997 Memorandum in Support
                          MEMORANDUM by Thomas R. Morke in support of [91-1] Bill of Costs (jsol)
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                            Blank 91 Filed: 12/15/1997, Entered: 12/15/1997 Bill of Costs
                            Bill of costs in the amount of 431.01 filed by Thomas R. Morke (jsol)
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                              Blank 90 Filed: 12/15/1997, Entered: 12/15/1997, Terminated: 12/22/1997 Motion for Miscellaneous Relief
                              MOTION by Thomas R. Morke for Issuance of Subpoena Duces Tecum (jsol)
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                                Blank 89 Filed: 11/13/1997, Entered: 11/13/1997 Transcript
                                TRANSCRIPT for dates of October 6, 1997, (LMB), filed. (clerk)
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                                  Blank 88 Filed: 11/5/1997, Entered: 11/5/1997, Terminated: 8/20/1998 Motion to Strike
                                  MOTION by Mitchell Ellsworth to Strike (clerk)
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                                    Blank 87 Filed: 11/4/1997, Entered: 11/4/1997 OrderCourt Filing
                                    ORDER denying [83-1] motion by Mitchell Ellsworth for New Trial, denying [83-2] motion to Amend or Alter Judgment to Reduce the Punitive Damages Award (see order for details) - ent. & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (ltun)
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                                      Blank 86 Filed: 11/3/1997, Entered: 11/3/1997 Response
                                      Response to by Thomas R. Morke [85-1] by Mitchell Ellsworth (clerk)
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                                        Blank 85 Filed: 10/28/1997, Entered: 10/28/1997 Miscellaneous Document
                                        Reply to by Mitchell Ellsworth [84-1] by Thomas R. Morke (clerk)
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                                          Blank 84 Filed: 10/23/1997, Entered: 10/23/1997 Miscellaneous Document
                                          Reply to by Thomas R. Morke [83-1] motion by Mitchell Ellsworth for New Trial by Mitchell Ellsworth, [83-2] motion to Amend or Alter Judgment to Reduce the Punitive Damages Award by Mitchell Ellsworth (clerk)
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                                            Blank 83 Filed: 10/16/1997, Entered: 10/16/1997, Terminated: 11/4/1997 Motion for New Trial
                                            MOTION by Mitchell Ellsworth for New Trial , or In The Alternative to Amend or Alter Judgment to Reduce the Punitive Damages Award (clerk)
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                                              Blank 82 Filed: 10/6/1997, Entered: 10/8/1997 OrderCourt Filing
                                              JUDGMENT ORDER that judgment be and is entered in favor of plaintiff on all remaining counts of the complaint; and it is further ORDERED that plaintiff be and is awarded $15,000 in compensatory damages and $150,000 in punitive damages. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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                                                Blank 81 Filed: 10/6/1997, Entered: 10/7/1997 Jury Verdict
                                                JURY VERDICT for Thomas R. Morke $15,000 in compensatory damages, $150,000 in punitive damages. (clerk) Modified on 11/12/1997
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                                                  Blank 80 Filed: 10/6/1997, Entered: 10/7/1997 Docket Annotation
                                                  Note from jury to Court. (clerk)
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                                                    Blank 79 Filed: 10/6/1997, Entered: 10/6/1997 Affidavit
                                                    AFFIDAVIT of Virginia Applewhite, filed. (clerk)
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                                                      Blank 78 Filed: 10/6/1997, Entered: 10/6/1997 Affidavit
                                                      AFFIDAVIT of Tammy Brown, filed. (clerk)
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                                                        Blank -- Filed: 10/6/1997, Entered: 10/7/1997 Docket Annotation
                                                        Exhibits in a brown accordian folder with file. (clerk)
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                                                          Blank -- Filed: 10/6/1997, Entered: 10/7/1997 Docket Annotation
                                                          all pleadings accounted for and in order. (clerk)
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                                                            Blank -- Filed: 10/6/1997, Entered: 10/7/1997 Terminated Case
                                                            Case closed (clerk)
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                                                              Blank -- Filed: 10/6/1997, Entered: 10/7/1997 Jury Trial Begun
                                                              Jury Trial held. Judge Brinkema. Reporter Thomson. Appearances of pro se plaintiff and Dft counsel. Plaintiff's motion in limine request for prod of documents - discovery (deft did not respond). No incident report will be allowed to be introduced into evidence - stipulations will come in as medical records - as evidence - motion granted. Motion by plaintiff to exclude convictions as evidence - granted. Jury appeared sworn of voir dire. 6 jurors selected to try issues. Plaintiff adduces evidence and rested Defense adduces evidence and rested. Rule 50 motion by defendant - denied. Argument. Jury retired to deliberate. Verdict returned in favor of plaintiff, $15,000 in compensatory damages, $150,000 in punitive damages. Jury excused. (clerk) Modified on 11/12/1997
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                                                                Blank 77 Filed: 10/2/1997, Entered: 10/2/1997 Jury Verdict
                                                                PROPOSED JURY VERDICT for Mitchell Ellsworth (clerk)
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                                                                  Blank 76 Filed: 10/2/1997, Entered: 10/2/1997 Proposed Jury Instructions
                                                                  Proposed Jury instructions by Mitchell Ellsworth (clerk)
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                                                                    Blank 75 Filed: 10/2/1997, Entered: 10/2/1997 Voir Dire Questions
                                                                    REQUESTED Voir Dire Questions by Mitchell Ellsworth (clerk)
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                                                                      Blank 74 Filed: 9/30/1997, Entered: 9/30/1997 OrderCourt Filing
                                                                      ORDERED pltf's and deft's witness and exhibit lists are deemed timely filed. Pltf's Motion to compel discovery is DENIED. Deft's Motion to amend admissions is GRANTED.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (clerk)
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                                                                        Blank 73 Filed: 9/30/1997, Entered: 9/30/1997 OrderCourt Filing
                                                                        ORDER denying [66-1] motion by Thomas R. Morke for Summary Judgment.-ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (clerk)
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                                                                          Blank 72 Filed: 9/30/1997, Entered: 9/30/1997 OrderCourt Filing
                                                                          ORDERED that court will issue process to secure the attendance of pltf inmate Thomas Morke, Terrence Davis and inmate witness Vincent Dial. All motions in limine and objections to exhibits and witnesses will be rule upon at the trial.-ent.& filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (clerk)
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                                                                            Blank 71 Filed: 9/30/1997, Entered: 9/30/1997, Terminated: 10/6/1997 Response to Motion
                                                                            RESPONSE by Mitchell Ellsworth to [68-1] motion by Thomas R. Morke for Writ of Habeas Corpus and Order Ad Testificandum (clerk)
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                                                                              Blank -- Filed: 9/30/1997, Entered: 9/30/1997 Minutes-Miscellaneous
                                                                              WRIT of Habeas Corpusi Ad Testificandum (three orig & 3 copies) issued and given to the Marshal Service for excution. (clerk)
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                                                                                Blank 70 Filed: 9/29/1997, Entered: 9/30/1997 Response
                                                                                Response to by Mitchell Ellsworth [66-1] motion by Thomas R. Morke for Summary Judgment (clerk)
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                                                                                  Blank 69 Filed: 9/29/1997, Entered: 9/30/1997 Motion to Withdraw
                                                                                  MOTION by Mitchell Ellsworth to Withdraw Certain Admissions (clerk)
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                                                                                    Blank 68 Filed: 9/25/1997, Entered: 9/26/1997 Writ of Habeas Corpus ad prosequendum
                                                                                    APPLICATION FOR by Thomas R. Morke for Writ of Habeas Corpus and Order Ad Testificandum to be issued for: Thomas r. Morke, Nehemiah braxton, Terrence K. Davis and Vincent F. Dial. (clerk)
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                                                                                      Blank 67 Filed: 9/18/1997, Entered: 9/19/1997 Memorandum in Support
                                                                                      MEMORANDUM in support of [66-1] renewed motion for Summary Judgment by Thomas R. Morke (clerk)
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                                                                                        Blank 66 Filed: 9/18/1997, Entered: 9/19/1997, Terminated: 9/30/1997 Motion for Summary Judgment
                                                                                        RENEWED MOTION by Thomas R. Morke for Summary Judgment (clerk)
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                                                                                          Blank 65 Filed: 9/3/1997, Entered: 9/4/1997 Objection
                                                                                          OBJECTION by defendant Mitchell Ellsworth to [60-1] exhibits list by Thomas R. Morke, [59-1] witness list by Thomas R. Morke (clerk)
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                                                                                            Blank 64 Filed: 9/3/1997, Entered: 9/4/1997 Motion for Miscellaneous Relief
                                                                                            MOTION by Mitchell Ellsworth for Court to Accept Detf' Objections to Pltf's Proposed Witness and Exhibits Lists Out Of Time. (clerk)
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                                                                                              Blank -- Filed: 9/3/1997, Entered: 9/4/1997 Motion for Miscellaneous Relief
                                                                                              MOTION (clerk)
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                                                                                                Blank 63 Filed: 9/2/1997, Entered: 9/4/1997 Memorandum in Support
                                                                                                BRIEF in support of [62-1] motion by Thomas R. Morke to Strike [53-1] exhibits list [52-1] exhibits list [51-1] witness list by Mitchell Ellsworth (clerk)
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                                                                                                  Blank 62 Filed: 9/2/1997, Entered: 9/4/1997 Motion to Strike
                                                                                                  MOTION by Thomas R. Morke to Strike [53-1] exhibits list [52-1] exhibits list [51-1] witness list by Mitchell Ellsworth and OBJECTIONS Thereto. (clerk)
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                                                                                                    Blank 61 Filed: 9/2/1997, Entered: 9/4/1997 Response
                                                                                                    Response to by Mitchell Ellsworth [56-1] motion by Thomas R. Morke to Compel Discovery (clerk)
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                                                                                                      Blank 60 Filed: 8/29/1997, Entered: 9/4/1997 Exhibit
                                                                                                      Exhibit list by Thomas R. Morke (clerk)
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                                                                                                        Blank 59 Filed: 8/29/1997, Entered: 9/4/1997 Witness List
                                                                                                        Witness list by Thomas R. Morke (clerk)
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                                                                                                          Blank 58 Filed: 8/29/1997, Entered: 9/4/1997 Affidavit
                                                                                                          AFFIDAVIT by Thomas R. Morke Re: [56-1] motion to Compel Discovery by Thomas R. Morke (clerk)
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                                                                                                            Blank 57 Filed: 8/29/1997, Entered: 9/4/1997 Memorandum in Support
                                                                                                            BRIEF in support of [56-1] motion by Thomas R. Morke to Compel Discovery and [56-2] motion for Imposing Sanctions (clerk)
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                                                                                                              Blank 56 Filed: 8/29/1997, Entered: 9/4/1997 Motion to Compel
                                                                                                              MOTION by Thomas R. Morke to Compel Discovery , and for Imposing Sanctions (clerk)
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                                                                                                                Blank 55 Filed: 8/28/1997, Entered: 9/4/1997 OrderCourt Filing
                                                                                                                ORDER for reasons stated in the Memorandum Opinion of 8/28/97 denying [48-1] motion by Thomas R. Morke for Reconsideration of [37-1] and Order denying pltf's Motion for Stay of Discovery Deadlines. -ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (clerk) Modified on 09/04/1997
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                                                                                                                  Blank 54 Filed: 8/28/1997, Entered: 9/4/1997 Memorandum and OpinionCourt Filing
                                                                                                                  MEMORANDUM OPINION, the Court denies pltf's Motion for Reconsideration, and denies pltf's Motion for Stay of Discovery deadlines.-ent. & filed. (See Memo Opinion for more details.) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (clerk)
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                                                                                                                    Blank 53 Filed: 8/26/1997, Entered: 8/26/1997 Exhibit
                                                                                                                    REVISED Proposed Exhibit list by Mitchell Ellsworth (jsol)
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                                                                                                                      Blank 52 Filed: 8/26/1997, Entered: 8/26/1997 Exhibit
                                                                                                                      Exhibit list by Mitchell Ellsworth (jsol)
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                                                                                                                        Blank 51 Filed: 8/26/1997, Entered: 8/26/1997 Witness List
                                                                                                                        Witness list by Mitchell Ellsworth (jsol)
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                                                                                                                          Blank 50 Filed: 8/25/1997, Entered: 8/26/1997 Response
                                                                                                                          Response to Pltf. Letter of 8/19/97 to this Court by Mitchell Ellsworth (ltun)
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                                                                                                                            Blank 49 Filed: 8/4/1997, Entered: 8/6/1997 Objection
                                                                                                                            OBJECTION by plaintiff Thomas R. Morke to Defendant Ellsworth's Second Interrogatory propounded to plaintiff (clerk)
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                                                                                                                              Blank 48 Filed: 7/23/1997, Entered: 7/30/1997, Terminated: 8/28/1997 Motion for Reconsideration
                                                                                                                              MOTION by Thomas R. Morke for Reconsideration of [37-1] order (clerk)
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                                                                                                                                Blank 47 Filed: 7/17/1997, Entered: 7/21/1997 Interrogatories Propounded
                                                                                                                                INTERROGATORIES propounded by Thomas R. Morke to Mitchell Ellsworth, and to Assistant Attorney General Collin J. Hite, (clerk)
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                                                                                                                                  Blank 46 Filed: 7/17/1997, Entered: 7/21/1997 Request for Production of Documents
                                                                                                                                  Second REQUEST for Production of Documents by Thomas R. Morke (clerk)
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                                                                                                                                    Blank 45 Filed: 7/17/1997, Entered: 7/21/1997 Motion for Miscellaneous Relief
                                                                                                                                    MOTION by Thomas R. Morke for Order compellig Discovery (clerk)
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                                                                                                                                      Blank 44 Filed: 7/17/1997, Entered: 7/21/1997 Response
                                                                                                                                      Plaitniff's Reply to Defendants' Response by Thomas R. Morke [41-1] by Mitchell Ellsworth (clerk)
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                                                                                                                                        Blank -- Filed: 7/17/1997, Entered: 7/18/1997 Jury Trial Begun
                                                                                                                                        Jury Trial set at 10:00 10/6/97 (clerk)
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                                                                                                                                          Blank -- Filed: 7/17/1997, Entered: 7/18/1997 Pretrial Conference - Final
                                                                                                                                          Pre-Trial Conference held; Judge Bryan; appearance of counsel for deft. Exhibit and witness lists to be filed w/in 10 days after close of discovery 8/18/97. (clerk)
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                                                                                                                                            Blank 43 Filed: 7/11/1997, Entered: 7/14/1997 Response to Motion
                                                                                                                                            RESPONSE by H. Akers, F. S. Spence, Ellis B. Wright Jr., James Smith Jr., Dudley Greene, Richard Cox, David Jones to Plaintiff's Motion for reconsideration (clerk)
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                                                                                                                                              Blank 42 Filed: 7/10/1997, Entered: 7/11/1997 OrderCourt Filing
                                                                                                                                              ORDER denying [40-1] motion to Withdraw as counsel for defendant Ellsworth filed by Assistant Attorney General Collin J. Hite; Plaintiff's request that the discovery issues and to file additional discovery requests and motions, be and is GRANTED. The parties are directed to complete discovery by 8/18/97. The pretrial conference will be held as scheduled on 7/17/97; hwever, the parties are granted leave to file their exhibit and witness lists, and objections thereto, at a later date to be determined at the pretrial conference. Counsel for defendants' request that he not be required to secure plaintiff's attendance for the pretrial conference be and is GRANTED. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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                                                                                                                                                Blank 40 Filed: 7/7/1997, Entered: 7/9/1997, Terminated: 7/10/1997 Motion to Withdraw
                                                                                                                                                MOTION to Withdraw as counsel for defendant Ellsworth filed by Assistant Attorney General Collin J. Hite (clerk)
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                                                                                                                                                  Blank 39 Filed: 7/7/1997, Entered: 7/9/1997 Notice
                                                                                                                                                  NOTICE of Telephone hearing 7/10/97 at 2:00 p.m. by Mitchell Ellsworth (clerk)
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                                                                                                                                                    Blank 41 Filed: 7/3/1997, Entered: 7/9/1997 Response
                                                                                                                                                    Response to Plaintiff's Letter requesting the Court vacate the scheduling order by Mitchell Ellsworth (clerk)
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                                                                                                                                                      Blank 38 Filed: 6/18/1997, Entered: 6/20/1997 Scheduling OrderCourt Filing
                                                                                                                                                      SCHEDULING ORDER setting Discovery cutoff 7/9/97 ; Pretrial Conference for 12:40 7/17/97 ; ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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                                                                                                                                                        Blank 37 Filed: 6/18/1997, Entered: 6/20/1997 OrderCourt Filing
                                                                                                                                                        ORDER granting [26-1] motion by defendants (Ellsworth, Akers, Spence, Wright, Smith, Greene, Cox and Jones) for Summary Judgment in favor of defendants Akers, Spence, Wriht, Smith, Cox, Jones and Greene; and Defendants' Motion for Summary Judgment be and is DENIED as to defendant Ellsworth and plaintiff's claim that defendant Ellsworth failed to protect him from an attack by fellow inmates in violation of his constitutional rights. This action will proceed in accordance with the attached Scheduling Order on this remaining claim. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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                                                                                                                                                          Blank 36 Filed: 6/18/1997, Entered: 6/20/1997 Memorandum and OpinionCourt Filing
                                                                                                                                                          MEMORANDUM OPINION - filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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                                                                                                                                                            Blank -- Filed: 4/15/1997, Entered: 4/15/1997 Docket Annotation
                                                                                                                                                            Letter from LMB to Mr. Cribari regarding reimbursable expenses. (clerk)
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                                                                                                                                                              Blank 35 Filed: 3/10/1997, Entered: 3/11/1997 Affidavit
                                                                                                                                                              AFFIDAVIT by Thomas R. Morke Re: [32-1] motion by Thomas R. Morke for Summary Judgment by Thomas R. Morke (clerk)
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                                                                                                                                                                Blank 34 Filed: 3/10/1997, Entered: 3/11/1997 Memorandum in Support
                                                                                                                                                                MEMORANDUM by Thomas R. Morke in support of [32-1] motion by Thomas R. Morke for Summary Judgment by Thomas R. Morke (clerk)
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                                                                                                                                                                  Blank 33 Filed: 3/10/1997, Entered: 3/11/1997 Notice
                                                                                                                                                                  NOTICE of Motion by Thomas R. Morke (clerk)
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                                                                                                                                                                    Blank 32 Filed: 3/10/1997, Entered: 3/11/1997 Motion for Summary Judgment
                                                                                                                                                                    MOTION by Thomas R. Morke for Summary Judgment (clerk)
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                                                                                                                                                                      Blank 31 Filed: 2/18/1997, Entered: 2/19/1997 OrderCourt Filing
                                                                                                                                                                      ORDER granting [29-1] motion by Thomas R. Morke to Withdraw as counsel granting [29-2] motion by Thomas R. Morke to Extend Time to respond to motion, denying [29-3] motion by Thomas R. Morke to Substitute Attorney; Plaintiff is directed to comply with the Court's Order dated 11/7/96, within 45 days of the date of this order. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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                                                                                                                                                                        Blank 30 Filed: 2/11/1997, Entered: 2/12/1997 Response to Motion
                                                                                                                                                                        JOINT RESPONSE by Mitchell Ellsworth, H. Akers, F. S. Spence, Ellis B. Wright Jr., James Smith Jr., Dudley Greene, Richard Cox, David Jones to [29-1] motion by Thomas R. Morke to Withdraw as counsel by Thomas R. Morke (clerk)
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                                                                                                                                                                          Blank 29 Filed: 1/29/1997, Entered: 2/3/1997, Terminated: 2/18/1997 Motion to Withdraw
                                                                                                                                                                          MOTION by Thomas R. Morke to Withdraw as counsel , by Thomas R. Morke to Extend Time to respond to motion and by Thomas R. Morke to Substitute Attorney (clerk) Modified on 02/04/1997
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                                                                                                                                                                            Blank 28 Filed: 1/21/1997, Entered: 1/29/1997 Notice
                                                                                                                                                                            NOTICE of filing Executed Affidavit in Support of Defts' Motion for Summary Judgment by Mitchell Ellsworth, H. Akers, F. S. Spence, Ellis B. Wright Jr., James Smith Jr., Dudley Greene, Richard Cox, David Jones, VA Correctional Ente, VA Dept of Correctio (ltun)
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                                                                                                                                                                              Blank 27 Filed: 1/8/1997, Entered: 1/13/1997 Affidavit
                                                                                                                                                                              AFFIDAVIT filed by defendants Re: [26-1] motion by defendants (Ellsworth, Akers, Spence, Wright, Smith, Greene, Cox and Jones) for Summary Judgment by defendants (clerk)
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                                                                                                                                                                                Blank 26 Filed: 1/3/1997, Entered: 1/7/1997, Terminated: 6/18/1997 Motion for Summary Judgment
                                                                                                                                                                                MOTION by defendants (Ellsworth, Akers, Spence, Wright, Smith, Greene, Cox and Jones) for Summary Judgment (clerk)
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                                                                                                                                                                                  Blank 25 Filed: 12/16/1996, Entered: 12/18/1996 OrderCourt Filing
                                                                                                                                                                                  ORDERED granting [24-1] motion by defendants to Extend Time to file a motion for summary judgment. Pltf is directed to comply with the Court's Order dated 11/07/96 within 45 days of the date of this Order. (See order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: Yes (clerk)
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                                                                                                                                                                                    Blank 24 Filed: 11/26/1996, Entered: 11/29/1996, Terminated: 12/16/1996 Motion for Extension
                                                                                                                                                                                    UNOPPOSED MOTION by defendants to Extend Time to file a motion for summary judgment. (clerk) Modified on 12/12/1996
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                                                                                                                                                                                      Blank 23 Filed: 11/26/1996, Entered: 11/29/1996 Answer
                                                                                                                                                                                      ANSWER to Complaint by Mitchell Ellsworth, H. Akers, F. S. Spence, Ellis B. Wright Jr., James Smith Jr., Dudley Greene, Richard Cox, David Jones; Jury Demand (clerk) Modified on 12/12/1996
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                                                                                                                                                                                        Blank -- Filed: 11/26/1996, Entered: 12/19/1996 Set/Clear Flags
                                                                                                                                                                                        Jury Trial Flag (clerk)
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                                                                                                                                                                                          Blank 22 Filed: 11/7/1996, Entered: 11/13/1996 OrderCourt Filing
                                                                                                                                                                                          ORDERED, for the reasons set forth in the accompanying Memorandum Opinion, it is granting in part, denying in part [8-1] motion by defendants to Dismiss; Claim 1 dismissed as to VCE & VDOC. Any dispositive motions as to this remaining claim must be filed by 12/06/96. Deft. Tidwell, Doe and Roe are conditionally DISMISSED as to deft. of this action. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: Yes (clerk) Modified on 11/18/1996
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                                                                                                                                                                                            Blank 21 Filed: 11/7/1996, Entered: 11/8/1996 Memorandum and OpinionCourt Filing
                                                                                                                                                                                            MEMORANDUM OPINION - Filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: Yes (clerk)
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                                                                                                                                                                                              Blank 20 Filed: 10/15/1996, Entered: 10/17/1996 Response to Motion
                                                                                                                                                                                              RESPONSE by Thomas R. Morke to [8-1] motion by defendants to Dismiss. (clerk) Modified on 10/24/1996
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                                                                                                                                                                                                Blank 19 Filed: 9/26/1996, Entered: 10/1/1996 Notice of Appearance/
                                                                                                                                                                                                NOTICE of Attorney Appearance for Thomas R. Morke by Stephen J. Cribari (clerk)
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                                                                                                                                                                                                  Blank 18 Filed: 9/16/1996, Entered: 9/18/1996 OrderCourt Filing
                                                                                                                                                                                                  ORDERED, Accordingly, Mr. Stephen J. Cribari, as counsel for the pltf., is DIRECTED to file pltf's response to deft's Motion to Dismiss within thirty (30) days of the date of this Order. (See order for details) (ent. & filed) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: Yes (clerk)
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                                                                                                                                                                                                    Blank 17 Filed: 7/29/1996, Entered: 8/1/1996 Notice of Appearance/
                                                                                                                                                                                                    NOTICE of Attorney Appearance of General Collin J. Hite for Mitchell Ellsworth, H. Akers, F. S. Spence, Ellis B. Wright Jr., James Smith Jr., David Jones, Richard Cox, Dudley Greene (clerk) Modified on 08/12/1996
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                                                                                                                                                                                                      Blank 16 Filed: 6/3/1996, Entered: 6/4/1996 OrderCourt Filing
                                                                                                                                                                                                      ORDER On 6/3/96 this matter came before the Court for a telephonic hearing. Pltf' s motion for an order enjoining defts from obstructing pltf's access to the Court denied without prejudice to pltf's right to file a separate action. Pltf's motion to compel is denied without prejudice. Deft's motion for a protective order is granted pending resolution of defts' motion to dismiss and the issue of qualified immunity; The court's 4/1/96 scheduling order governing discovery in this action is stayed. [15-1] [12-1] [11-1] Entered and Filed( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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                                                                                                                                                                                                        Blank -- Filed: 6/3/1996, Entered: 6/3/1996 Minutes-Miscellaneous
                                                                                                                                                                                                        Minute entry: (LMB) r: McCoy. Appearances: Pltf Pro Se and counsel for defts by telephone conference call into the Courtroom. On for hearing on motions - Pltf motion for order to compel discovery re: ID of informant (Interr. #1) - denied w/o prejudice as pltf has no atty. If pltf retains counsel, issue will be revisited and granted for atty eyes only. Pltf motion to enjoin deft re: obstruction of access to the Court - denied w/o prejudice. Deft motion for protective order and to dismiss - cont til the end of summer pending counsel coming into the case for pltf. (jsol)
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                                                                                                                                                                                                          Blank 15 Filed: 5/29/1996, Entered: 5/30/1996 Motion to Compel
                                                                                                                                                                                                          MOTION by Thomas R. Morke for order Compelling discovery (clerk)
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                                                                                                                                                                                                            Blank 14 Filed: 5/24/1996, Entered: 5/29/1996 OrderCourt Filing
                                                                                                                                                                                                            ORDER Pltf has filed a motion for an order enjoining defts from obstructing pltf's access to the Court and the defts have filed a motion for a protective order. The court hereby sets 5/31/96 at 2:00 pm, as the date by which these matters shall be heard. The court will conduct the above hearing by telephone. Entered and Filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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                                                                                                                                                                                                              Blank 13 Filed: 5/7/1996, Entered: 5/17/1996 Objection
                                                                                                                                                                                                              OBJECTIONS by defendant Mitchell Ellsworth, defendant H. Akers, defendant F. S. Spence, defendant Ellis B. Wright Jr., defendant James Smith Jr., defendant Dudley Greene, defendant Richard Cox, defendant David Jones to pltf's request for discovery (clerk)
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                                                                                                                                                                                                                Blank 12 Filed: 5/7/1996, Entered: 5/17/1996 Motion for Protective Order
                                                                                                                                                                                                                MOTION by defendants for Protective Order (clerk)
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                                                                                                                                                                                                                  Blank 11 Filed: 5/7/1996, Entered: 5/10/1996 Motion for Miscellaneous Relief
                                                                                                                                                                                                                  MOTION by Thomas R. Morke for order enjoining defts from obstructing pltf's access to the Court (clerk)
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                                                                                                                                                                                                                    Blank 10 Filed: 4/1/1996, Entered: 4/2/1996 Scheduling OrderCourt Filing
                                                                                                                                                                                                                    SCHEDULING ORDER setting Discovery cutoff 7/12/96 ; Pretrial Conference for 1:00 7/18/96 ; ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (mcke)
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                                                                                                                                                                                                                      Blank 9 Filed: 6/7/1995, Entered: 6/8/1995 OrderCourt Filing
                                                                                                                                                                                                                      ORDER The Court will consider appointing a lawyer to represent plaintiff in this action. Plaintiff must advise the Court within twenty (20) days of the date of this Order whether he wants counsel appointed. Because of this ruling, the time in which plaintiff must respond to defendant's motion to dismiss is STAYED until the representation issue is resolved. Entered and Filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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                                                                                                                                                                                                                        Blank 8 Filed: 5/10/1995, Entered: 5/10/1995, Terminated: 11/7/1996 Motion to Dismiss
                                                                                                                                                                                                                        MOTION by defendants to Dismiss (clerk)
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                                                                                                                                                                                                                          Blank 7 Filed: 4/20/1995, Entered: 4/24/1995 Amended Complaint
                                                                                                                                                                                                                          AMENDED COMPLAINT by Thomas R. Morke (clerk)
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                                                                                                                                                                                                                            Blank 6 Filed: 4/20/1995, Entered: 4/24/1995 OrderCourt Filing
                                                                                                                                                                                                                            ORDER Accordingly, the complaint is Ordered filed in forma pauperis. Pltf has also filed a motion to amend and amended complaint. Pursuant to Rule 15 of the Federal Rules of Civil Procedure, pltf's motion is granted and his amended complaint is ordered filed. Defts are ordered to file responsive pleadings or appropriate motions to pltf's Amended Complaint within twenty-three (23) days from the date of this order. Entered and Filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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                                                                                                                                                                                                                              Blank 5 Filed: 3/7/1995, Entered: 3/8/1995 Motion for Leave to File
                                                                                                                                                                                                                              MOTION by Thomas R. Morke for Leave to File Amended Complaint (clerk)
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                                                                                                                                                                                                                                Blank -- Filed: 3/7/1995, Entered: 3/8/1995 Motion for Miscellaneous Relief
                                                                                                                                                                                                                                MOTION (clerk)
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                                                                                                                                                                                                                                  Blank -- Filed: 3/7/1995, Entered: 3/8/1995 Motion for Miscellaneous Relief
                                                                                                                                                                                                                                  MOTION for leave to amend complaint (clerk)
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                                                                                                                                                                                                                                    Blank -- Filed: 3/2/1995, Entered: 3/2/1995 Filing Fee Received
                                                                                                                                                                                                                                    Filing Fee Paid; FILING FEE $ 53.55 RECEIPT # 103899 (clerk)
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                                                                                                                                                                                                                                      Blank 4 Filed: 2/21/1995, Entered: 2/21/1995 OrderCourt Filing
                                                                                                                                                                                                                                      ORDER Plaintiff seeks leave to proceed in this action without the payment of fees. Plaintiff is ordered to pay a partial filing fee of $53.55. This is 15% of the total deposits into plaintiff's account for the six months before he filed this action. Plaintiff is ADVISED that he has the opportunity to explain, in writing, the withdrawl of money from his account and any special circumstances which would warrant excusing him from payment of the fee. Such statement must be notarized or sworn to under penalty of perjury pursuant to 20 U.S.C. 1746. Failure to pay the fee or file an explanation within thirty (30) days of the date of this Order will result in dismissal of this case. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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                                                                                                                                                                                                                                        Blank 3 Filed: 1/11/1995, Entered: 1/12/1995 Prisoner Trust Fund Account Statement
                                                                                                                                                                                                                                        Inmate account report form filed. (lbac)
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                                                                                                                                                                                                                                          Blank 2 Filed: 1/3/1995, Entered: 1/4/1995 Complaint
                                                                                                                                                                                                                                          COMPLAINT filed in forma pauperis (psid) Modified on 01/04/1995
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                                                                                                                                                                                                                                            Blank 1 Filed: 1/3/1995, Entered: 1/4/1995 OrderCourt Filing
                                                                                                                                                                                                                                            ORDER The complaint is conditionally filed pending payment of any assessed filing fee. The court will process plaintiff's motion for leave to proceed in forma pauperis by requesting the Greensville Correctional Center to supply the Court with an Inmate Account Form on the plaintiff. The Court will not accept any other motion, pleading, or request until any assessed filing fee has been paid. Plaintiff is ADVISED that he should seek review of his claims through Level III of the state administrative grievance procedure immediately. (See Order for more details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (psid)
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