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06-161 - Hale v. Burns et al


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06-161 - Hale v. Burns et al
July 23, 2007
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MEMORANDUM and ORDER: Plaintiff is ASSESSED the $350.00 filing fee. Directing Monthly Payments be made from Prison Account of Phillip D. Hale. The Clerk is DIRECTED to mail a copy of this memorandum and order to the custodian of inmate trust account at place of confinement and also to George Little the Commissioner of the TDOC, to ensure compliance with the assessment procedures. Since plaintiff is no longer confined at GCDC, and since he is no longer exposed to the purported wrongful conditions at that facility, all issues concerning injunctive relief are moot. All such claims are DISMISSED. Plaintiff has not stated a viable claim against defendant Matthews, he is DISMISSED. The Clerk is DIRECTED to send plaintiff service packets (each contains a blank summons and USM 285 form)for the remaining defendants. The plaintiff is ORDERED to complete the service packets and return them to the Clerk's office within 20 days of the date on this Order. When the completed service packets are received by the Clerk, the summonses will be issued and forwarded to the U.S. Marshal for service upon defendants. Defendants are ORDERED to respond to the complaint in the manner and within the time required by the FRCP. Plaintiff is ORDERED to inform the Court of any address change within 10 days following such change.Signed by Judge J Ronnie Greer on 7/23/2007. (c/m to plaintiff, custodian of trust account, and Commissioner) (service packets mailed to plaintiff)(RLC, )
March 3, 2008
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MEMORANDUM AND ORDER: Though defendants acted properly, if belatedly, in filing their dispositive motion, the Court will deem plaintiffs letter submissions, given the liberality with which pro se pleadings must be regarded, Haines v. Kerner, 404 U.S. 519, 520-21 (1972), as his Pretrial Narrative Statement. Accordingly, unless within twenty days of the date on this order, plaintiff files an amended Pretrial Narrative Statement, correcting each of the noted deficiencies, the Court will assume that he does not intend to comply with the Scheduling Order and will dismiss this case on that basis. The Trial, now set for March 6, 2008, is rescheduled to Tuesday, June 17, 2008 at 9:00 a.m. in Courtroom 420 at the Federal Courthouse. Motion DENIED: 30 MOTION to Dismiss filed by Neal Matthews, Eddie Tweed, J B Morman, Jeremy Bowman, Jason Riddle, Jason Armstrong, Steve Burns, Jennifer Raider. Signed by District Judge J Ronnie Greer on 3/3/2008. (c/m to pro se plaintiff) (RLC)
August 11, 2008
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MEMORANDUM AND OPINION. Plaintiff has failed to show that defendant officers violated the Eighth Amendment by using excessive force in handcuffing and subduing him or in escorting him to the drunk tank on July 21, 2006, at the GCDC. Therefore, judgment will enter on behalf of defendants and plaintiff shall take nothing on his claims of excessive force. A separate order will enter dismissing this action. C/M to Pro Se Plaintiff. Signed by District Judge J Ronnie Greer on 8/11/2008. (FMM, )