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Filed: 5/10/1995, Entered: 5/10/1995 |
Appeal Record Returned |
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Record on Appeal returned from U.S. Court of Appeals: [43-1] appeal (danc)
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| 46 |
Filed: 5/4/1995, Entered: 5/4/1995 |
USCA Judgment |
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JUDGMENT OF USCA (certified copy) affirming the judgment of the District Court, Re: [43-1] appeal by Kevin Nathaniel Caudle o.b. (danc)
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| 45 |
Filed: 5/4/1995, Entered: 5/4/1995 |
USCA Mandate |
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Opinion of USCA re: [43-1] appeal by Kevin Nathaniel Caudle (danc)
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| 44 |
Filed: 4/13/1995, Entered: 4/14/1995 |
USCA Mandate |
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Opinion of USCA re: [43-1] appeal by Kevin Nathaniel Caudle (danc)
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Filed: 1/18/1995, Entered: 1/20/1995 |
Initial Paper Record Transmitted to 4CCA |
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Certified and transmitted Record on Appeal to U.S. Court of Appeals: [43-1] appeal by Kevin Nathaniel Caudle (clerk)
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| 43 |
Filed: 1/17/1995, Entered: 1/17/1995, Terminated: 5/10/1995 |
Notice of Appeal |
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NOTICE OF APPEAL by Kevin Nathaniel Caudle . (mgra)
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Filed: 1/17/1995, Entered: 1/17/1995 |
Transmission of Notice of Appeal to 4CCA |
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Copy of Notice of Appeal, Judgment, transmittal notices and docket sheet to USCA; copy of notice of appeal and docketing statement to plaintiff, copy of notice of appeal to Mark D. Stiles, Esq., [43-1] appeal by Kevin Nathaniel Caudle (mgra)
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| 42 |
Filed: 12/19/1994, Entered: 12/22/1994 |
Judgment* |
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JUDGMENT dismissing this action and entering judgment in favor of L. Smith Jr.; entered by clerk and filed 12/19/94. Copies Mailed: 12/19/94. O.B. (mwin)
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| 41 |
Filed: 12/19/1994, Entered: 12/22/1994 |
Order |
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ORDER adopting and approving findings and recommendations of Magistrate Judge's report; directing judgment be entered for defendant ; outlining appeal procedures; declining to issue certificate of probable cause for appeal; entered and filed 12/19/94 (signed by Judge Robert G. Doumar ) Copies Mailed: 12/19/94 (mwin)
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| -- |
Filed: 12/19/1994, Entered: 12/22/1994 |
Terminated Case |
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Case closed (mwin)
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| 40 |
Filed: 8/9/1994, Entered: 8/17/1994 |
Objection to Report and Recommendations |
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OBJECTION by Kevin Nathaniel Caudle to [37-1] report and recommendations (mwin)
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| 39 |
Filed: 7/20/1994, Entered: 7/20/1994 |
Order |
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ORDER granting [38-1] motion by Kevin Nathaniel Caudle to Extend Time to file objections to Report and Recommendation, Objections deadline reset to 8/9/94 for [37-1] report and recommendations ; reminding petitioner to send copies of all submissions to counsel for respondent, and certify such to court; entered 7/19/94; filed 7/20/94 ( signed by Judge Robert G. Doumar ) Copies Mailed: 7/20/94 (copy of petitioner's motion for extension mailed to respondent's counsel) (mwin)
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| 38 |
Filed: 7/15/1994, Entered: 7/19/1994, Terminated: 7/20/1994 |
Motion for Extension |
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MOTION by Kevin Nathaniel Caudle to Extend Time to file objections to Report and Recommendation (filed subject to defect-no certificate of service) (mwin)
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| 37 |
Filed: 7/6/1994, Entered: 7/6/1994 |
Order |
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REPORT AND RECOMMENDATIONS of Magistrate Judge William T. Prince. Case no longer referred to Magistrate Judge William T. Prince. Objections to R and R due by 7/25/94. Copies Mailed: 7/6/94 (mwin)
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Filed: 2/24/1994, Entered: 3/1/1994 |
Set/Reset Deadlines: |
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Deadline updated; denying [0-0] oral motion by L. Smith Jr. for Summary Judgment (mwin)
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Filed: 2/24/1994, Entered: 2/28/1994 |
Set/Reset Deadlines: |
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Deadline updated; denying [0-0] oral motion by Kevin Nathaniel Caudle to Continue (mwin)
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Filed: 2/24/1994, Entered: 3/1/1994 |
Miscellaneous Document |
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MOTION in open court by L. Smith Jr. for Summary Judgment (mwin)
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Filed: 2/24/1994, Entered: 2/28/1994 |
Miscellaneous Document |
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MOTION in open court by Kevin Nathaniel Caudle to Continue (mwin)
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Filed: 2/24/1994, Entered: 2/28/1994 |
Minutes-Miscellaneous |
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TRIAL PROCEEDINGS Minute entry: William T. Prince, U.S. Magistrate Judge. Recorded Tape 1, Pts. 1-3617; Tape 2, Pts. 1-3455. Plaintiff present (in custody), pro se. Defendant present with counsel, Mark Edward Stiles, Esq. Matter came on re evidentiary hearing. Plaintiff's motion for continuance because of unavailability of witness (Rhoden Harvey). Argument heard. Court overruled plaintiff's motion for continuance. Opening statements waived. Plaintiff presented evidence and rested. Defendant's motion for (summary) judgment. Court overruled motion for (summary) judgment. Defendant presented evidence and rested. Closing argument heard. Court will consider evidence and prepare a report recommendation. Court adjourned. (mwin) Modified on 03/01/1994
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Filed: 2/24/1994, Entered: 2/28/1994 |
Evidentiary Hearing |
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Evidentiary Hearing held (mwin)
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| 36 |
Filed: 12/21/1993, Entered: 12/21/1993 |
Order |
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ORDER denying [35-1] motion by Kevin Nathaniel Caudle to have witnesses Alfred Fields and Rolland Harvey present at hearing; should petitioner be able to provide addresses to Court prior to 1/20/93, plaintiff's motion will be reconsidered; entered and filed 12/21/93 ( signed by Magistrate Judge William T. Prince ) Copies Mailed: 12/21/93 (mwin)
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| 35 |
Filed: 12/10/1993, Entered: 12/17/1993, Terminated: 12/21/1993 |
Motion for Miscellaneous Relief |
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MOTION by Kevin Nathaniel Caudle to have witnesses Alfred Fields and Rolland Harvey ("whereabouts...unknown") present at hearing ; received 12/10/93 and filed as of 12/9/93, date postmarked from institution (mwin)
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| 34 |
Filed: 11/30/1993, Entered: 8/18/1994 |
Docket Annotation |
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See 9/15/93 for [34] order not docketed in Alexandria Division (mwin)
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| 33 |
Filed: 11/30/1993, Entered: 8/18/1994 |
Docket Annotation |
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See 9/15/93 for [33] order not previously docketed in Alexandria Division (mwin)
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| 32 |
Filed: 11/30/1993, Entered: 12/2/1993 |
Order |
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ORDER directing Edward W. Murray, Director of Va. Dept. of Corrections, to deliver custody of plaintiff to U.S. Marshal for E. District of Va. at his Norfolk Office on 2/24/94, at 9:45 a.m., and at conclusion of hearing, receive custody of plaintiff from Marshal; in event hearing lasts more than one day, directing said director to receive custody at conclusion of each day's proceedings and redeliver custody to U.S. Marshal at 9:45 a.m. each succeeding court day, etc. entered and filed 11/30/93 ( signed by Magistrate Judge William T. Prince ) Copies Mailed: 11/30/93 as directed to plaintiff; defendant's counsel; Edward W. Murray, Director, VDOC; Records & Classification Unit, VDOC; Lou Ann White, VDOC; Superintendent, Brunswick Correction Ctr.; delivered to U.S. Marshal. (mwin) Modified on 12/02/1993
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| 31 |
Filed: 11/30/1993, Entered: 12/2/1993 |
Order |
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ORDER setting Evidentiary Hearing for 10:00 2/24/94, USDC, EDVA, Norfolk Division ; directing that hearing will be recorded on tape unless either party engages court reporter at his expense and so notifies the court by 12/31/93 ; advising that plaintiff's objection to defendants' witness and exhibit list will be ruled on at time of trial; should plantiff wish to amend his 8/23/93 response/motion and desire action by the court to compel attendance of any witnesses, he shall notify court in writing within 14 days of order date, with name and address of each witness, and statment under penalty of perjury that witness has agreed to testify (set Prisoner response due 12/17/93) ; entered and filed 11/30/93 ( signed by Magistrate Judge William T. Prince ) Copies Mailed: 11/30/93 as directed to plaintiff; counsel for defendant; Records & Classifications Unit of VDOC; Lou Ann White of VDOC; Superintendent, Brunswick Correctional Center; copy to calendar clerk (mwin)
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| 30 |
Filed: 11/19/1993, Entered: 11/26/1993 |
Order |
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ORDER Referring Case to Magistrate Judge William T. Prince to conduct hearings, etc. ; entered and filed 11/19/93; ( signed by Judge Robert G. Doumar ) Copies Mailed: 11/19/93 (mwin)
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| 29 |
Filed: 10/1/1993, Entered: 10/4/1993 |
Docket Annotation |
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Certified copy of docket sheet from Alexandria Division (Case No. 1:92cv995) (mwin)
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Filed: 10/1/1993, Entered: 10/4/1993 |
Case Assigned/Reassigned |
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CASE reassigned to Judge Robert G. Doumar (mwin)
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Filed: 10/1/1993, Entered: 10/4/1993 |
Case Transferred In - Divisional Transfer |
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Original file, certified copy of transfer order and docket sheet received from Alexandria Division (Case No. 1:92cv995) (mwin)
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Filed: 9/30/1993, Entered: 9/30/1993 |
Docket Annotation |
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CERTIFIED copy of order of transfer and docket sheet together with complete case file mailed to USDC-EDVA, Norfolk Division. (ltun)
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| 28 |
Filed: 9/28/1993, Entered: 9/29/1993 |
Order |
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ORDER granting [23-1] motion by L. Smith to Transfer Case to Norfolk Division ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (ltun)
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| 27 |
Filed: 9/20/1993, Entered: 9/21/1993 |
Motion to Dismiss |
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MOTION by Kevin N Caudle to Dismiss defts' exhibits 1,2,4 and exhibits 5A through 5L and all witnesses not involved with the incident that occurred on 6/3/93 (ltun)
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| 34 |
Filed: 9/15/1993, Entered: 12/17/1993 |
Order |
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ORDER denying [20-1] motion MOTION by Kevin N Caudle for Appointment of Counsel; entered date shown as 9/16/93; filed 9/15/93, Alexandria Division ( signed by Judge T. S. Ellis III ) (NOTE: Not docketed in Alexandria Division. Docketed in Norfolk Division 12/17/93.) (mwin)
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| 33 |
Filed: 9/15/1993, Entered: 12/17/1993 |
Order |
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ORDER granting [22-1] motion MOTION by L. Smith to Take Deposition of Kevin N. Caudle; directing defendant to depose plaintiff at such time and in such manner as agrred by counsel for defendant and Brunswick Correctional officials; entered and filed 9/15/93, Alexandria Division ( signed by Judge T. S. Ellis III ) (NOTE: Not docketed in Alexandria. Docketed in Norfolk Division 12/17/93.) (mwin)
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| 26 |
Filed: 9/10/1993, Entered: 9/10/1993 |
Witness List |
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Witness list and exhibits for trial (exhibits attached in file) by L. Smith (rvoi)
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| 25 |
Filed: 9/10/1993, Entered: 9/10/1993 |
Affidavit |
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AFFIDAVIT by John H Newhart (rvoi)
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| 24 |
Filed: 9/10/1993, Entered: 9/10/1993 |
Memorandum in Support |
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MEMORANDUM by L. Smith in support of [23-1] motion by L. Smith to Transfer Case to Norfolk Division (rvoi)
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| 23 |
Filed: 9/10/1993, Entered: 9/10/1993, Terminated: 9/28/1993 |
Motion for Miscellaneous Relief |
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MOTION by L. Smith to Transfer Case to Norfolk Division (rvoi)
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| 22 |
Filed: 8/25/1993, Entered: 8/25/1993, Terminated: 9/15/1993 |
Motion to Take Deposition |
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MOTION by L. Smith to Take Deposition of Kevin N. Caudle (clerk)
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| 21 |
Filed: 8/23/1993, Entered: 8/23/1993, Terminated: 12/19/1994 |
Motion for Miscellaneous Relief |
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MOTION by Kevin N Caudle of Advisement (clerk)
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| 20 |
Filed: 8/18/1993, Entered: 8/18/1993, Terminated: 9/15/1993 |
Motion to Appoint Counsel |
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MOTION by Kevin N Caudle for Appointment of Counsel (clerk)
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| 19 |
Filed: 8/10/1993, Entered: 8/11/1993 |
Order |
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ORDER that for reasons stated in the accompanying memorandum opinion, this action is dismissed as to defts. Chesapeake City Jail and Sheriff John R. Newhart. Should the pltf. wish to appeal, written notice must be filed within thirty days of the date of this order, ent - filed ( signed by Judge T. S. Ellis III ) Copies Mailed: y (clerk)
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| 18 |
Filed: 8/10/1993, Entered: 8/11/1993 |
Memorandum and Opinion |
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MEMORANDUM OPINION ( signed by Judge T. S. Ellis III ) Copies Mailed: yes (clerk)
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| 17 |
Filed: 8/6/1993, Entered: 8/11/1993 |
Scheduling Order |
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SCHEDULING ORDER setting Discovery cutoff 9/10/93 ; Pretrial Conference for 12:45 9/16/93 ; ( signed by Judge James C. Cacheris ) Copies Mailed: yes (clerk)
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| 16 |
Filed: 5/11/1993, Entered: 5/11/1993 |
Memorandum in Support |
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MEMORANDUM by Kevin N Caudle in support of [16-1] motion by Kevin N Caudle to Rebut Defts Motion to Dismiss (clerk)
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| 16 |
Filed: 5/11/1993, Entered: 5/11/1993, Terminated: 8/10/1993 |
Motion for Miscellaneous Relief |
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MOTION by Kevin N Caudle to Rebut Defts Motion to Dismiss (clerk)
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| 15 |
Filed: 3/10/1993, Entered: 3/11/1993 |
Order |
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ORDER denying [14-1] motion for appointment of counsel by Kevin N Caudle - entered & filed ( signed by Judge T. S. Ellis III ) Copies Mailed: Yes (clerk)
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| 14 |
Filed: 2/12/1993, Entered: 3/11/1993, Terminated: 3/10/1993 |
Motion for Miscellaneous Relief |
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MOTION for appointment of counsel by Kevin N Caudle (clerk)
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| 13 |
Filed: 1/15/1993, Entered: 1/15/1993 |
Order |
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ORDER advising pltf. of his right to respond w/ any matter he wishes to offer w/i 20 days of the date of this order; failure to do so will result in the entry of judgment based on the pleadings - entered & filed ( signed by Judge T. S. Ellis III ) Copies Mailed: Yes (clerk)
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| 12 |
Filed: 1/11/1993, Entered: 1/11/1993 |
Memorandum in Support |
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MEMORANDUM by Chesapeake City Jail, John H Newhart in support of [11-1] motion by John H Newhart, Chesapeake City Jail to Dismiss (clerk)
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| 11 |
Filed: 1/11/1993, Entered: 1/11/1993, Terminated: 8/10/1993 |
Motion to Dismiss |
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MOTION by John H Newhart, Chesapeake City Jail to Dismiss (clerk)
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| 10 |
Filed: 1/11/1993, Entered: 1/11/1993, Terminated: 12/19/1994 |
Answer |
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ANSWER to Complaint by L. Smith (Attorney Mark Douglas Stiles), (clerk)
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| 9 |
Filed: 12/30/1992, Entered: 12/31/1992 |
Summons Returned Executed |
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SUMMONS Returned Executed as to L. Smith 12/22/92 Answer due on 1/11/93 (clerk)
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| 8 |
Filed: 12/29/1992, Entered: 12/30/1992 |
Summons Returned Executed |
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U.S. Marshals SUMMONS Returned Executed as to John H Newhart 12/19/92 Answer due on 1/8/93 (clerk)
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| 7 |
Filed: 12/29/1992, Entered: 12/30/1992 |
Summons Returned Executed |
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U.S. Marshals SUMMONS Returned Executed as to Chesapeake City Jail 12/19/92 Answer due on 1/8/93 (clerk)
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Filed: 12/11/1992, Entered: 12/11/1992 |
Summons Issued |
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SUMMONS(ES) (orig. & 3) issued and given to US Marshal for service for Chesapeake City Jail, John H Newhart, L. Smith (ltun)
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| 6 |
Filed: 12/9/1992, Entered: 12/11/1992 |
Order |
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ORDER upon consideration of complaint, it is ordered the complaint be filed in forma pauperis; defts file an answer to the complaint within 20 days of the date of service of process-ent.& filed ( signed by Judge T. S. Ellis III ) Copies Mailed: y (clerk)
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| 5 |
Filed: 9/4/1992, Entered: 9/4/1992 |
Affidavit |
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DECLARATION in support of request to proceed in forma pauperis by Kevin N Caudle (clerk)
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| 4 |
Filed: 9/3/1992, Entered: 9/3/1992 |
Docket Annotation |
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Inmate Account Report Form-filed (clerk)
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| 3 |
Filed: 8/25/1992, Entered: 8/26/1992 |
Order |
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ORDER the clerk is directed to proceed in forma pauperis by requesting the Southhampton Reception and Classification Center to supply the court with an Inmate Account Report Form, and to send pltf a cpoy of the "Declaration in Support of Request to Proceed In Forma Pauperis" which the pltf is directed to complete and return within thirty(30) days-ent.& filed ( signed by Judge T. S. Ellis III ) Copies Mailed:y (clerk)
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| 2 |
Filed: 7/27/1992, Entered: 7/31/1992 |
Response to Order to Show Cause |
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PRISONER RESPONSE to order filed on 7/10/92 by Kevin N Caudle (clerk)
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| 2 |
Filed: 7/10/1992, Entered: 10/4/1993 |
Motion for Leave to Proceed In Forma Pauperis |
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MOTION by Kevin N Caudle to Proceed in Forma Pauperis (contained in complaint, and separate application/affidavit attached to complaint) (mwin) Modified on 10/04/1993
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| 2 |
Filed: 7/10/1992, Entered: 10/4/1993 |
Complaint |
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COMPLAINT (provisionally filed 7/10/92 in Alexandria Division) (mwin) Modified on 10/04/1993
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| 1 |
Filed: 7/10/1992, Entered: 7/13/1992 |
Order |
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ORDER provisionally filed in forma pauperis, plaintiff is hereby granted fifteen(15)days from the date of the entry filed within which to particularize his complaint ( signed by Judge T. S. Ellis III ) Copies Mailed: (clerk)
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