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07-1518 - Hartley v. Gonzales et al


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07-1518 - Hartley v. Gonzales et al
September 18, 2007
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MEMORANDUM AND ORDER. ORDERED that plaintiff's motion to proceed in forma pauperis 2 is GRANTED. FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $14.32 within thirty (30) days of the date of this Order. FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee within thirty (30) days of the date of this Order, then this case will be dismissed without prejudice. FURTHER ORDERED that the Clerk shall issue process or cause process to issue upon the complaint as to defendants Armstead, Wingfield, Carter, Arrington, and Levins. FURTHER ORDERED that, pursuant to 42 U.S.C. 1997e(g)(2), defendants Armstead, Wingfield, Carter, Arrington, and Levins shall reply to plaintiff's claims within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the complaint as to defendants Gonzales, Anderson, Vega, Nalley, Lappin, John Doe, Jane Doe, or Dismas House because, as to these defendants the complaint is legally frivolous or fails to state a claim upon which relief can be granted, or both. FURTHER ORDERED that this case is assigned to Track 5B: PrisonerStandard. Signed by Judge Catherine D. Perry on 9/18/07. (KLH, )
October 25, 2007
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ORDER - IT IS HEREBY ORDERED that defendants shall disclose to the best of their knowledge the full names and addresses of defendants Lamar Armstead, H. Carter, and C. Levins. If the defendants do not wish to reveal this information to Hartley, they may file this information with the Clerk, ex parte and under seal. Upon receipt of this information, either from Harley or directly from defendants, the Clerk shall issue process or cuase process to issue upon the complaint as to defendants Armstead, Carter, and Levins . Signed by Judge Catherine D. Perry on 10/25/07. (BAK, )
February 13, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that counsel for defendants shall advise the court, no later than March 1, 2008 about the status of any criminal investigation related to the allegations of this complaint, including whether Lamar Armstead or any other person has been charged. If charges have been filed, counsel must include the court and docket numbers, as well as any information defendants have or can determine about Armstead's location. IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [#4, 19] and for mental health expert witness [#20] are denied, without prejudice to reconsideration as this case progresses. IT IS FURTHER ORDERED that plaintiff's request for additional time to serve summons [#27] is granted only to the extent that plaintiff has shown good cause for his failure to achieve service of process, and the attempts to achieve service as set forth herein will continue. IT IS FURTHER ODERED that plaintiff's requests for issuance of subpoenas [#18, 29] are denied. A Case Management Order is entered separately this same date. ( Response to Court due by 3/1/2008.). Signed by Honorable Catherine D. Perry on February 13, 2008. (MCB)
June 2, 2008
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ORDER. IT IS HEREBY ORDERED that plaintiff Damon Armond Hartley's motion for a temporary restraining order [#33], motion to modify the case management order [#38], and request for production of documents [#40] are denied. IT IS FURTHER ORDERED that plaintiff shall show cause in writing, within fourteen (14) days of the date of this order, why this action should not be dismissed without prejudice as to defendant Herman Carter for lack of timely service. Motions terminated: 40 MOTION to Produce filed by Damon Armond Hartley, 33 MOTION for Temporary Restraining Order filed by Damon Armond Hartley, and 38 PRO SE MOTION Modification of Case Management Order filed by Damon Armond Hartley. Signed by Honorable Catherine D. Perry on 6/2/08. (RJD)
October 14, 2008
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MEMORANDUM AND ORDER. ORDERED that the motion for summary judgment of defendants Levins, Arington, and Wingfield 50 is granted, and the complaint is dismissed against them, with prejudice. FURTHER ORDERED that defendant Armstead's motion to quash service of process 52 is granted. FURTHER ORDERED that plaintiffs claims against defendants Carter and Armstead are dismissed without prejudice for failure to serve. No other claims remain pending in this case. A separate judgment in accordance with this memorandum with issue thissame day. Signed by Honorable Catherine D. Perry on 10/14/08. (KLH)