Simon v. Heyse et al
| Louisiana Western District Court | |
| Judge: | James T Trimble, Jr |
| Referred: | James D Kirk |
| Case #: | 1:15-cv-02191 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Aug 13, 2015 |
| Terminated: | Mar 27, 2018 |
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| Docket last updated: 2 hours ago |
| Tuesday, June 19, 2018 | ||
| 48 | 48
appeal
USCA Judgment
Wed 06/20 10:16 AM
USCA JUDGMENT/MANDATE (certified copy) as to46 Notice of Appeal filed by Ivory Lane Simon that under 5TH CIR. R. 42.3, the appeal is DISMISSED as of June 19, 2018, for want of prosecution. The appellant failed to timely pay fee. (USCA 18-30635 (crt,WalkerSld, B) |
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| Tuesday, May 29, 2018 | ||
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appeal
USCA Case Number
Tue 05/29 3:50 PM
USCA Case Number 18-30635 for46 Notice of Appeal filed by Ivory Lane Simon. (crt,WalkerSld, B) |
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| Monday, May 21, 2018 | ||
| 47 | 47
appeal
Fee Letter for Appeal Filing Fee
Tue 05/22 8:30 AM
FEE LETTER requesting payment of appeal filing fee sent to Ivory Lane Simon re46 Notice of Appeal.(crt,WalkerSld, B) |
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Att: 1
Application to Proceed In Forma Pauperis
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appeal
Notice of Appeal
Tue 05/22 8:25 AM
NOTICE OF APPEAL as to45 Order on Motion for Reconsideration, by Ivory Lane Simon. FEE STATUS: NOT PAID(crt,WalkerSld, B) |
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Att: 1
Envelope
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| Tuesday, May 08, 2018 | ||
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1
pgs
order
Order on Motion for Reconsideration
Tue 05/08 3:46 PM
ORDER denying44 Motion for Reconsideration re43 Order on Motion for Summary Judgment,Order on Report and Recommendations. IT IS ORDERED that Plaintiff's motion for relief from Judgment is hereby DENIED. Signed by Judge James T Trimble, Jr on 5/8/2018. (crt,Tice, Y) |
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| Thursday, May 03, 2018 | ||
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motion
Reconsideration
Mon 05/07 9:33 AM
MOTION for Relief From Judgment and43 Order on Motion for Summary Judgment,, Order on Report and Recommendations, by Ivory Lane Simon. Motions referred to Magistrate Judge Joseph H L Perez-Montes.(crt,Williams, L) |
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Att: 1
Cover Letter,
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Att: 2
Envelope
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utility
Motions Transferred
Mon 05/07 9:33 AM
Motions Transferred regarding44 MOTION for Relief from Judgment and43 Order on Motion for Summary Judgment,, Order on Report and Recommendations. Motions referred to Judge James T Trimble, Jr. (crt,Williams, L) |
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| Tuesday, March 27, 2018 | ||
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1
pgs
order
Order on Motion for Summary Judgment Order on Report and Recommendations
Tue 03/27 1:27 PM
ORDER granting39 Motion for Summary Judgment; adopting42 Report and Recommendations. Plaintiff's Simon's action against all remaining Defendants are denied and dismissed with prejudice.Signed by Judge James T Trimble, Jr on 3/27/2018. (crt,Bunting, M) |
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| Tuesday, March 06, 2018 | ||
| 42 | 42
motion
Report and Recommendations
Tue 03/06 2:07 PM
REPORT AND RECOMMENDATIONS re39 MOTION for Summary Judgment filed by Eloris Anderson, Mona Heyse,1 Complaint filed by Ivory Lane Simon. IT IS RECOMMENDED that Defendants' unopposed MSJ39 be GRANTED and that Plaintiff Simon's action against all remaining Defendants be DENIED AND DISMISSED WITH PREJUDICE. Objections to R&R due by 3/20/2018. Signed by Magistrate Judge Joseph H L Perez-Montes on 3/6/2018. (crt,Tice, Y)(b) |
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| Thursday, March 01, 2018 | ||
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1
pgs
order
Order 1 - Terminate Hearings
Thu 03/01 3:37 PM
ORDERED that the trial of this matter is continued without date, to be reset after the dispositive motion has been decided. Signed by Judge James T Trimble, Jr on 3/1/2018. (crt,Bunting, M) |
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| Wednesday, December 27, 2017 | ||
| 40 | 40
notice
Notice of Motion Setting
Wed 12/27 8:44 AM
NOTICE of Motion Setting regarding:39 MOTION for Summary Judgment. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Haik, K) |
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| Thursday, December 21, 2017 | ||
| 39 | 39
motion
Summary Judgment
Wed 12/27 8:40 AM
MOTION for Summary Judgment by Eloris Anderson, Mona Heyse. Motions referred to Magistrate Judge Joseph H L Perez-Montes.(crt,Haik, K) |
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Att: 1
Memorandum / Brief,
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Att: 2
Statement of material facts,
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Att: 3
Affidavit of Heyse,
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Att: 4
Affidavit of Anderson,
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Att: 5
Affidavit of Ball,
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Att: 6
Proposed order
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1
pgs
order
Order on Motion for Leave to File
Wed 12/27 8:34 AM
ORDER granting37 Motion for Leave to File. Signed by Magistrate Judge Joseph H L Perez-Montes on 12/21/2017. (crt,Haik, K) |
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| Monday, December 18, 2017 | ||
| 37 | 37
motion
Leave to File Document
Mon 12/18 10:59 AM
MOTION for Leave to File Motion for Summary Judgment with consent sought but not yet obtained by Eloris Anderson, Mona Heyse. Motions referred to Magistrate Judge Joseph H L Perez-Montes.(aty,Guillet, John) |
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Att: 1
Memorandum / Brief,
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Att: 2
Proposed order,
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Att: 3
Proposed pleading Motion for Summary Judgment,
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Att: 4
Proposed pleading Memorandum,
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Att: 5
Proposed pleading Statement of Material Facts,
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Att: 6
Proposed pleading Affidavit of Heyse,
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Att: 7
Proposed pleading Affidavit of Anderson,
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Att: 8
Proposed pleading Affidavit of Ball,
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Att: 9
Proposed pleading Proposed Order
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| Tuesday, March 14, 2017 | ||
| 36 | 36
misc
Copy Work or Form Request (Public Entry No NEF)
Thu 03/16 1:56 PM
REQUEST from Ivory Lane Simon for copy of docket sheet. Clerk mailed copy of docket sheet on 03/16/2017. (Public entry, but no electronic notice.) (crt,ThomasSld, T) |
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Att: 1
Envelope
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| Wednesday, December 14, 2016 | ||
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order
Trial Fixing Order
Wed 12/14 8:51 AM
ELECTRONIC TRIAL FIXING ORDER: A three (3) day Jury Trial is set for 4/9/2018 09:30 AM in Alexandria, 2nd floor before Judge James T Trimble Jr.. Signed by Judge James T Trimble, Jr on 12/14/2016. (crt,Petrofes, T) |
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| Monday, September 12, 2016 | ||
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misc
Sealed Document (Sealed Pleading)
Mon 09/12 9:09 AM
SEALED DOCUMENT: Notice of Compliance by Eloris Anderson, Mona Heyse re13 Sec P - Order Amend/ARP/Summons/Timely,.(aty,Guillet, John) |
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Att: 1
Exhibit Incident Report
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| Tuesday, August 16, 2016 | ||
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misc
Response (NOT Motions)
Tue 08/16 1:20 PM
RESPONSE by Eloris Anderson, Mona Heyse re13 Sec P - Order Amend/ARP/Summons/Timely, . (aty,Guillet, John) |
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| Thursday, July 14, 2016 | ||
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order
Order on Motion to Enroll as Counsel
Mon 07/18 2:27 PM
ORDER granting30 Motion to Enroll as Counsel. Signed by Magistrate Judge Joseph H L Perez-Montes on 7/14/2016. (crt,Haik, K) |
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| Wednesday, July 13, 2016 | ||
| 32 | 32
misc
Copy Work or Form Request (Public Entry No NEF)
Mon 07/18 3:37 PM
REQUEST from Ivory L Simon for Copy of Docket Sheet. Clerk mailed Copy of Docket Sheet on 07/18/2016. (Public entry, but no electronic notice.) (crt,Devillier, W) |
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Att: 1
Envelope
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| 30 | 30
motion
Appoint Counsel
Wed 07/13 1:03 PM
MOTION to Appoint Counsel by Eloris Anderson, Mona Heyse. Motions referred to Joseph H L Perez-Montes.(Attorney John Chris Guillet added to party Eloris Anderson(pty:dft), Attorney John Chris Guillet added to party Mona Heyse(pty:dft))(aty,Guillet, John) |
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Att: 1
Proposed order
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| Tuesday, June 28, 2016 | ||
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order
Order on Motion to Substitute Attorney
Thu 06/30 10:56 AM
ORDER granting25 Motion to Substitute Attorney. Attorney H Bradford Calvit terminated and attorneys Ronald E. Corkern, Jr and Lisa V. Johnson enrolled as co-counsel of record for Mona Heyse and Eloris Anderson. Signed by Magistrate Judge Joseph H L Perez-Montes on 6/28/2016. (crt,Chicola, C) |
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| 27 | 27
respm
Supplemental Memorandum in Support of Motion
Tue 06/28 1:59 PM
SUPPLEMENTAL MEMORANDUM in Support re24 MOTION to Set Aside Default filed by Eloris Anderson, Mona Heyse. (aty,Johnson, Lisa) |
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| 26 | 26
answer
Answer to Complaint
Tue 06/28 1:56 PM
ANSWER to1 Complaint with Jury Demand by Eloris Anderson, Mona Heyse.(Attorney Lisa Vienne Johnson added to party Eloris Anderson(pty:dft), Attorney Lisa Vienne Johnson added to party Mona Heyse(pty:dft))(aty,Johnson, Lisa) |
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| Monday, June 27, 2016 | ||
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order
Order on Motion to Set Aside Default
Thu 06/30 10:54 AM
ORDER granting24 Motion to Set Aside Default. Signed by Magistrate Judge Joseph H L Perez-Montes on 6/27/2016. (crt,Chicola, C) |
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| 25 | 25
motion
Substitute Attorney
Mon 06/27 2:50 PM
MOTION to Substitute Attorney Ronald E. Corkern, Jr. in place of H. Bradford Calvit with consent by Eloris Anderson, Mona Heyse. Motions referred to Joseph H L Perez-Montes.(Attorney Ronald E Corkern, Jr added to party Eloris Anderson(pty:dft), Attorney Ronald E Corkern, Jr added to party Mona Heyse(pty:dft))(aty,Corkern, Ronald) |
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Att: 1
Proposed order
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| Friday, June 24, 2016 | ||
| 24 | 24
motion
Set Aside Default
Fri 06/24 4:51 PM
MOTION to Set Aside Default by Eloris Anderson, Mona Heyse.(Attorney H Bradford Calvit added to party Eloris Anderson(pty:dft), Attorney H Bradford Calvit added to party Mona Heyse(pty:dft))(aty,Calvit, H) |
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Att: 1
4 pgs
Memorandum / Brief,
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Att: 2
Proposed order
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utility
Motions Transferred
Mon 06/27 10:22 AM
Motions Transferred regarding24 MOTION to Set Aside Default . Motions referred to Joseph H L Perez-Montes. (crt,Chicola, C) |
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| Tuesday, June 21, 2016 | ||
| 23 | 23
order
Clerks Entry of Default (Form Included)
Wed 06/22 1:48 PM
CLERK'S ENTRY OF DEFAULT as to Eloris Anderson, Mona Heyse (crt,Haik, K) |
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| 22 | 22
order
Order on Motion for Entry of Default
Wed 06/22 1:47 PM
ORDER granting21 Motion for Entry of Default. Simon's motion for default against Anderson and Heyse is GRANTED. The Clerk is directed to enter a default against Defendants Anderson and Heyse. Signed by Magistrate Judge Joseph H L Perez-Montes on 6/21/2016. (crt,Haik, K) |
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| Tuesday, June 14, 2016 | ||
| 21 | 21
motion
Entry of Default
Tue 06/14 5:16 PM
MOTION for Default Judgment Against Defendants by Ivory Lane Simon. Motions referred to Joseph H L Perez-Montes.(crt,Haik, K) |
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Att: 1
Envelope
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| Tuesday, May 31, 2016 | ||
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order
Order on Motion for Miscellaneous Relief
Tue 05/31 1:28 PM
ELECTRONIC ORDER denying19 Motion Compel Defendants to Answer Complaint. Petitioner's requested relief is not warranted or legally cognizable. Petitioner requested an extension of time within which to take a default judgment against Defendants (Doc. 17). That deadline - June 15, 2016 - has not yet passed. Petitioner may seek to take a default until that deadline. Signed by Magistrate Judge Joseph H L Perez-Montes on 5/31/16. (jud,Perez-Montes, Joseph) |
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| Thursday, May 26, 2016 | ||
| 19 | 19
motion
Miscellaneous Relief
Tue 05/31 8:29 AM
MOTION to Compel Defendants to Answer Complaint by Ivory Lane Simon. Motions referred to Joseph H L Perez-Montes.(crt,Haik, K) |
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Att: 1
Envelope
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| Wednesday, May 18, 2016 | ||
| 18 | 18
order
Order on Motion for Extension (Other)
Wed 05/18 4:22 PM
ELECTRONIC ORDER granting17 Motion for Extension. Compliance Deadline to file responsive pleadings or take default is reset for 6/15/2016. Signed by Magistrate Judge Joseph H L Perez-Montes on 5/18/16. (jud,Perez-Montes, Joseph) |
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| Monday, May 16, 2016 | ||
| 17 | 17
motion
Extension (Other)
Mon 05/16 5:18 PM
MOTION FOR EXTENSION of Time to Take a Default by Ivory Lane Simon. Motions referred to Joseph H L Perez-Montes.(crt,Haik, K) |
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Att: 1
Envelope
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| Wednesday, May 04, 2016 | ||
| 16 | 16
notice
Notice of Intent to Dismiss (Form Included)
Wed 05/04 11:24 AM
NOTICE of Intent to dismiss Eloris Anderson, Mona Heyse for Failure to take default 60 days after service. (crt,Haik, K) |
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| Friday, March 04, 2016 | ||
| 15 | 15
service
Summons Returned Executed
Mon 03/07 4:57 PM
SUMMONS Returned Executed via USM 285 forms. Eloris Anderson served on 3/1/2016, answer due 3/22/2016; Mona Heyse served on 3/1/2016, answer due 3/22/2016. (crt,Haik, K) |
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| Wednesday, February 17, 2016 | ||
| 14 | 14
service
Summons Issued
Wed 02/17 11:53 AM
SUMMONS ISSUED as to Eloris Anderson, Mona Heyse. Clerk sent summons, 285 forms, notice to parties, docs.1 ,7 , &13 to USM for service.(crt,Haik, K) |
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Att: 1
Cover Letter to Summons
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| Tuesday, January 26, 2016 | ||
| 13 | 13
order
Sec P - Order Amend/ARP/Summons/Timely
Wed 01/27 11:31 AM
MEMORANDUM ORDER: Clerk is directed to serve plaintiff with two summons forms and one USM 285 form for defendants Mona Heyse and Eloris Anderson to be completed by plaintiff and returned to clerk for service by U S Marshal. Clerk manually noticed order with forms. Pro Se Response due by 2/25/2016. Signed by Magistrate Judge Joseph H L Perez-Montes on 1/22/2016. (crt,Haik, K) |
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| Wednesday, January 13, 2016 | ||
| 12 | 12
order
Judgment Adopting Report and Recommendations Order on Report and Recommendations
Wed 01/13 3:50 PM
JUDGMENT ADOPTING re9 Report and Recommendations. IT IS ORDERED that Plaintiff's claims be and are hereby DENIED AND DISMISSED with prejudice pursuant to 28 U.S.C. Section 1915(e)(2)(B) and 1915A, except for Plaintiff's First Amendment claim against Defendants, Heyse and Anderson. The Clerk of Court is instructed to send a copy of this Judgment to the keeper of the three strikes list in Tyler, Texas. Signed by Judge James T Trimble, Jr on 1/13/2016. (crt,Bunting, M) |
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| Tuesday, January 12, 2016 | ||
| 11 | 11
order
Order Reassigning Case
Tue 01/12 4:21 PM
ORDER REASSIGNING CASE. Case reassigned to Judge James T Trimble, Jr. Chief Judge Dee D Drell no longer assigned to case. Signed by Chief Judge Dee D Drell on 1/12/2016. (crt,Haik, K) |
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| Monday, December 21, 2015 | ||
| 10 | 10
order
Order Reassigning Case
Mon 12/21 3:30 PM
ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Joseph H L Perez-Montes. Magistrate Judge James D Kirk no longer assigned to case. Any motion and/or proceeding currently set before Magistrate Judge James D Kirk is hereby reset before Magistrate Judge Joseph H L Perez-Montes. All future pleadings shall reflect the current judge assignment. Issued by Tony R Moore, Clerk. (crt,Brown, A) |
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| Monday, December 14, 2015 | ||
| 9 | 9
motion
Report and Recommendations
Mon 12/14 1:10 PM
REPORT AND RECOMMENDATIONS re1 Complaint filed by Ivory Lane Simon. IT IS RECOMMENDED that the following claims be DENIED AND DISMISSED WITH PREJUDICE under 28 U.S.C. Section 1915(e)(2)(B) and 1915A: Plaintiff's claims against Warden Morgan; Plaintiff's retaliation claim against all defendants' and Plaintiff's claim that he was denied access to the grievance process. Plaintiff's First Amendment claim should be served on Defendants Heyse and Anderson by separate order. Objections to R&R due by 12/31/2015(a). Signed by Magistrate Judge James D Kirk on 12/14/15. (crt,Tice, Y) |
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| Wednesday, September 30, 2015 | ||
| 8 | 8
misc
Copy Work or Form Request (Public Entry No NEF)
Wed 09/30 4:31 PM
REQUEST from Ivory L Simon for status of case. Clerk mailed copy of docket sheet on 09/30/15. (Public entry, but no electronic notice.) (crt,Keller, J) |
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Att: 1
Envelope
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| Friday, September 04, 2015 | ||
| 7 | 7
order
Order on Motion for Leave to Proceed In Forma Pauperis
Fri 09/04 5:12 PM
ORDER granting5 Motion for Leave to Proceed in forma pauperis. Initial Partial Filing Fee due in the amount of $25.10. It is further ordered that plaintiff make payments of 20 percent of income for preceding month until $350.00 has been paid in full. Clerk manually noticed Prison Accounts Officer. Signed by Magistrate Judge James D Kirk on 09/04/2015. (crt,Williams, L) |
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| Wednesday, September 02, 2015 | ||
| 6 | 6
misc
Proposed Order/Judgment (Court User Only/Public Entry No NEF)
Thu 09/03 9:30 AM
PROPOSED ORDER referred to Magistrate Judge Kirk. (Public entry, but no electronic notice). (crt,HaikSld, K) |
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| 5 | 5
motion
Proceed In Forma Pauperis
Thu 09/03 9:26 AM
MOTION for Leave to Proceed in forma pauperis by Ivory Lane Simon. Motions referred to James D Kirk.(crt,HaikSld, K) |
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Att: 1
Envelope
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| Tuesday, August 18, 2015 | ||
| 3 | 3
misc
Proposed Order/Judgment (Court User Only/Public Entry No NEF)
Tue 08/18 1:27 PM
PROPOSED ORDER referred to Magistrate Judge Kirk. (Public entry, but no electronic notice). (crt,Thigpen, M) |
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| Thursday, August 13, 2015 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Mon 08/17 10:10 AM
MOTION for Leave to Proceed in forma pauperis by Ivory Lane Simon. (crt,Keller, J) |
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| 1 | 1
cmp
Complaint
Mon 08/17 10:09 AM
COMPLAINT against Eloris Anderson, Mona Heyse, Tim Morgan filed by Ivory Lane Simon.(crt,Keller, J) |
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Att: 1
Memorandum / Brief,
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Att: 2
Exhibits,
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Att: 3
Civil cover sheet,
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Att: 4
Envelope
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