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13-3199 - Counce v. Wolting et al


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13-3199 - Counce v. Wolting et al
May 4, 2016
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MEMORANDUM AND OMNIBUS ORDER granting 46 Motion for Extension of Time to File.; denying 47 Motion for Reconsideration ; denying 49 Motion to Appoint Counsel. It is further ordered that Counts 5, 6, 8, 10, 14, 16 are dismissed. It is further ordered that defendants John Doe 1, John Doe 2, and Dr. Shawn are dismissed from this case. It is further ordered that the clerk of the court shall prepare summons and waiver of service forms pursuant to Rule 4(d) of the Federal Rules of Procedure, to be served on KHP Trooper Ryan M. Wolting, KHP Trooper (fnu) Arnold, KHP Captain Eric D. Sauer, KHP Major Mark A. Bruce, Sheriff Tracy L. Ploutz, Deputy David Chamberlain, Deputy John Doe 3, Deputy John Doe 4, Kirk E. Simone, Darian P. Dernovish, and Theresa Staudinger. A United States Marshal or a Deputy Marshal shall serve the same at no cost to plaintiff absent a finding by the court that plaintiff is able to pay such costs. Signed by Chief Judge J. Thomas Marten on 05/04/2016. (aa)
June 30, 2016
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MEMORANDUM AND ORDER denying 57 Motion to Alter Judgment; denying 60 Motion for Reconsideration ; denying 62 Motion for Leave to Amend Complaint; denying 64 Motion to Appoint Counsel. It is ordered that the clerk of the court remove Christina D. Troiana from the case caption. Henceforth, plaintiff must first seek leave to file any supplements. The court will not consider and will strike any future improper pleadings without further discussion. Signed by Chief Judge J. Thomas Marten on 06/30/2016. Mailed to pro se party Kenneth Counce at Huntsville Unit, 815 12th St., Huntsville, TX 77340 by regular mail. (aa)
August 4, 2016
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MEMORANDUM AND ORDER granting 55 Motion to Dismiss defendant Staudinger for Failure to State a Claim. Signed by Chief Judge J. Thomas Marten on 08/04/2016. (aa)
September 8, 2016
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MEMORANDUM AND ORDER ENTERED: The motion 96 to dismiss is granted. Joe Shepack and Ellsworth County are dismissed from this case. Signed by Chief Judge J. Thomas Marten on 09/08/16. Mailed to pro se party Kenneth Counce by regular mail. (smnd)
September 12, 2016
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MEMORANDUM AND ORDER ENTERED: Defendants' motion 90 to stay discovery is granted. All discovery is stayed in this case until such time as the court rules on the immunity issues. Signed by Chief Judge J. Thomas Marten on 09/12/16. Mailed to pro se party Kenneth Counce by regular mail. (smnd)
September 21, 2016
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MEMORANDUM AND ORDER ENTERED: Plaintiff's motion 102 for entry of default is denied. Defendant Tracy Ploutz shall file the requested report by October 21, 2016. Plaintiff is granted until November 21, 2016, to identify John Doe 3 and 4 and serve them with process. Signed by Chief Judge J. Thomas Marten on 09/21/16. Mailed to pro se party Kenneth Counce by regular mail. (smnd)
February 16, 2017
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. (smnd)MEMORANDUM AND ORDER ENTERED: Plaintiff's motions 117 & 121 are denied. Defendants shall file a Martinez Report by March 17, 2017. Signed by Chief Judge J. Thomas Marten on 02/16/17. Mailed to pro se party Kenneth Counce by regular mail
February 17, 2017
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MEMORANDUM AND ORDER ENTERED: Defendants' Motion to Dismiss 99 is granted in part and denied in part. Counts XII, XIII, XV and XVII are dismissed. Defendants Eric Sauer, Mark Bruce, Kirk Simone, and Darian Dernovish are dismissed from this case. All that remains, then, are plaintiff's individual-capacity claims for excessive force and denial of medical care. Plaintiff's motion for defendants to furnish Trooper Arnold's first and middle name 116 is granted and plaintiff's motion to file supplemental citation 120 is denied as moot. Counsel for KHP defendant shall file a report furnishing Trooper Arnold's first and middle name and his residential address, as well as Trooper Wolting's residential address to the court in camera. Alternatively, KHP Defendants may file waivers of service of summons pursuant to Rule 4(d).The clerk's office shall refer this matter to a magistrate to handle discovery and pretrial matters. Plaintiff shall not file any discovery requests until after the parties have a discovery conference with the magistrate judge. Signed by Chief Judge J. Thomas Marten on 02/17/17. Mailed to pro se party Kenneth Counce by regular mail. (smnd)
March 13, 2017
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MEMORANDUM AND ORDER ENTERED: Plaintiff's motion for leave to amend 124 is denied. All Doe defendants are dismissed from this action. Signed by Chief Judge J. Thomas Marten on 03/13/17. Mailed to pro se party Kenneth Counce by regular mail. (smnd)
March 2, 2018
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MEMORANDUM AND ORDER granting 158 Motion for Summary Judgment; granting 188 Motion for Summary Judgment. Signed by District Judge J. Thomas Marten on 03/02/2018.Mailed to pro se party Kenneth Counce by regular mail. (aa)