Case: Parker v. Evans

1:89-cv-01604 | U.S. District Court for the Northern District of Georgia

Filed Date: July 18, 1989

Clearinghouse coding complete

Case Summary

On July 18, 1989, Charles Parker, Rine Yawn, and David Henderson filed a lawsuit pro se under 42 U.S.C. § 1983 in the United States District Court for the Northern District of Georgia against the State of Georgia. On September 11, 1989, defendant moved to consolidate this case with John Doe & J. Roe v. Evans (PC-GA-003). On January 4, 1990 the court (Judge Marvin H. Shoob) denied the motion to consolidate. On January 11, 1990, Judge Shoob granted plaintiff's motion for appointment of counsel.…

On July 18, 1989, Charles Parker, Rine Yawn, and David Henderson filed a lawsuit pro se under 42 U.S.C. § 1983 in the United States District Court for the Northern District of Georgia against the State of Georgia. On September 11, 1989, defendant moved to consolidate this case with John Doe & J. Roe v. Evans (PC-GA-003). On January 4, 1990 the court (Judge Marvin H. Shoob) denied the motion to consolidate. On January 11, 1990, Judge Shoob granted plaintiff's motion for appointment of counsel. The next month, Judge Shoob denied plaintiffs' counsel's request to be relieved of his appointment. On March 25, 1991, Judge Shoob stayed the proceedings pending a decision by the Eleventh Circuit Court of Appeals in Harris v. Thigpen, 941 F.2d 1495 (11th Cir. 1991). (PC-AL-012) That was a case concerning the segregation of HIV-positive inmates. On April 16, 1993, a judgment was entered dismissing the case for want of prosecution. Plaintiff Henderson was deceased and plaintiff Yawn could not be located to notify of judgment.

The PACER docket is the only information available concerning this case.

Summary Authors

Angela Heverling (4/10/2006)

People


Judge(s)

Shoob, Marvin Herman (Georgia)

Attorney for Plaintiff

Gilbert, Fred A. (Georgia)

Attorney for Defendant

Hill, William Bradley Jr. (Georgia)

Hobbs, Michael E. (Georgia)

Robinson, Daryl Alan (Georgia)

Documents in the Clearinghouse

Documents in this case

1:89-cv-01604

Docket (PACER)

May 3, 1993

May 3, 1993

Docket

Docket

Last updated March 26, 2025, 8:29 a.m.

ECF Number Date Description Link
5 Aug. 29, 1989

USM Acknowledgment of service by Richard L. Abbott , executed 8/23/89 (km) (Entered: 08/30/1989)

PACER
6 Aug. 29, 1989

USM Return of service executed 8/24/89 as to David C. Evans on original complaint (km) (Entered: 08/30/1989)

PACER
7 Sept. 5, 1989

USM Acknowledgment of service by David C. Evans, executed 8/24/89 (km) (Entered: 09/08/1989)

PACER
8 Sept. 11, 1989

MOTION by defendant David C. Evans, defendant Richard L. Abbott to consolidate case with 1:88-cv-1752-MHS with brief in support. (km) (Entered: 09/13/1989)

PACER
9 Sept. 11, 1989

ANSWER to complaint by David C. Evans, Richard L. Abbott. (km) (Entered: 09/13/1989)

PACER
10 Sept. 18, 1989

MOTION by plaintiff Charles V. Parker, plaintiff Rine Yawn, plaintiff David Henderson for appointment of counsel . (km) (Entered: 09/18/1989)

PACER
11 Sept. 18, 1989

MOTION by plaintiff Charles V. Parker, plaintiff Rine Yawn, plaintiff David Henderson to modify relief . (km) (Entered: 09/18/1989)

PACER
Sept. 18, 1989

SUBMITTED to Judge Marvin H. Shoob on motion for temporary restraining order by David Henderson, Rine Yawn, Charles V. Parker [2- 1] (km) (Entered: 09/18/1989)

PACER
12 Sept. 25, 1989

ORDER DENYING motion for temporary restraining order by David Henderson, Rine Yawn, Charles V. Parker [2-1] by Judge Marvin H. Shoob. cc (km) (Entered: 09/26/1989)

PACER
Sept. 29, 1989

SUBMITTED to Judge Marvin H. Shoob on motion to consolidate case with 1:88-cv-1752-MHS by Richard L. Abbott, David C. Evans [8-1] (km) (Entered: 09/29/1989)

PACER
Oct. 10, 1989

SUBMITTED to Judge Marvin H. Shoob on motion to modify relief by David Henderson, Rine Yawn, Charles V. Parker [11-1], and motion for appointment of counsel by David Henderson, Rine Yawn, Charles V. Parker [10-1] (km) (Entered: 10/10/1989)

PACER
13 Oct. 20, 1989

BRIEF by Charles V. Parker, Rine Yawn, David Henderson in opposition to motion to consolidate case with 1:88-cv-1752-MHS by Richard L. Abbott, David C. Evans [8-1] (km) (Entered: 10/24/1989)

PACER
14 Jan. 4, 1990

ORDER DENYING motion to consolidate case with 1:88-cv-1752-MHS by David C. Evans, Richard L. Abbott [8-1] by Judge Marvin H. Shoob. cc (km) (Entered: 01/08/1990)

PACER
16 Jan. 23, 1990

MOTION by defendant Richard L. Abbott, defendant David C. Evans to dismiss with brief in support. (km) (Entered: 01/24/1990)

PACER
17 Feb. 9, 1990

ORDER by Judge Marvin H. Shoob DENYING counsel for plas' letter request to be relieved of his appointment. cc (km) (Entered: 02/12/1990)

PACER
Feb. 15, 1990

SUBMITTED to Judge Marvin H. Shoob on motion to dismiss by David C. Evans, Richard L. Abbott [16-1], motion to modify relief by Charles V. Parker, Rine Yawn, David Henderson [11-1] (km) (Entered: 02/15/1990)

PACER
18 March 9, 1990

RESPONSE by plaintiff Charles V. Parker, plaintiff Rine Yawn, plaintiff David Henderson to motion to dismiss by David C. Evans, Richard L. Abbott [16-1] (km) (Entered: 03/12/1990)

PACER
19 March 9, 1990

Amendment to in forma pauperis complaint [1-1] by plaintiff Charles V. Parker, plaintiff Rine Yawn, plaintiff David Henderson . (km) (Entered: 03/12/1990)

PACER
20 March 21, 1990

ANSWER to amended complaint by David C. Evans, Richard L. Abbott. (km) (Entered: 03/27/1990)

PACER
21 June 21, 1990

ORDER DENYING motion to dismiss by dfts [16-1], and GRANTING motion to modify relief by plas [11-1] nunc pro tunc by Judge Marvin H. Shoob. cc (km) (Entered: 06/22/1990)

PACER
Feb. 22, 1991

Copy of "Notice to Counsel" re: filing of PTO mailed to Mr. David Henderson, ret'd marked "return to sender". (scg) (Entered: 03/04/1991)

PACER
22 March 25, 1991

ORDER staying proceedings by Judge Marvin H. Shoob until the 11th Cir. renders a decision in Harris v. Thigpen. Ptys are directed to submit briefs no more than 20 pages w/in 30 days after 11th Cir. decision. cc (km) (Entered: 03/27/1991)

PACER
April 11, 1991

Copies of order [22-1], [22-2], mailed to David Henderson & Rine Yawn, ret'd, marked "undeliverable as addressed". (scg) (Entered: 04/15/1991)

PACER
23 Oct. 11, 1991

RESPONSE by defendants to order staying proceedings [22-1] requiring briefs on the Harris v. Thigpen decision of the 11th Circuit. (scg) (Entered: 10/17/1991)

PACER
Nov. 19, 1991

SUBMITTED per order staying proceedings [22-1], order [22-2] to Judge Marvin H. Shoob . (scg) (Entered: 11/19/1991)

PACER
24 June 8, 1992

ORDER DIRECTING plaintiffs to file report on status of this action w/in 15 days; by Judge Marvin H. Shoob. cc (scg) (Entered: 06/08/1992)

PACER
25 June 22, 1992

Notice of change of address by Fred A. Gilbert, Attorney. (scg) (Entered: 06/22/1992)

PACER
June 22, 1992

Copy of order [24-1] mailed to David Henderson ret'd marked "deceased." (scg) (Entered: 06/22/1992)

PACER
July 22, 1992

SUBMITTED on motion to extend time for plaintiffs to respond to order [24-1] by plaintiffs [26-1] to Judge Marvin H. Shoob . (scg) (Entered: 07/22/1992)

PACER
27 July 27, 1992

ORDER GRANTING motion to extend time for plaintiffs to respond to order [24-1] by plaintiffs [26-1], response due w/in 15 days of this order; by Judge Marvin H. Shoob. cc (scg) (Entered: 07/28/1992)

PACER
28 Aug. 12, 1992

Response by plaintiffs to order [24-1] (scg) (Entered: 08/15/1992)

PACER
Aug. 17, 1992

SUBMITTED per order [24-1] to Judge Marvin H. Shoob . (scg) (Entered: 08/17/1992)

PACER
29 Feb. 19, 1993

Notice of change of address by plaintiff Charles V. Parker . (scg) (Entered: 02/24/1993)

PACER
30 April 15, 1993

ORDER dismissing case for want of prosecution; by Judge Marvin H. Shoob. cc (scg) (Entered: 04/16/1993)

PACER
31 April 16, 1993

JUDGMENT ENTERED dismissing this action for want of prosecution. cc (scg) (Entered: 04/16/1993)

PACER
April 21, 1993

Copy of order [30-1] & judgment [31-1] mailed to pla Henderson ret'd marked "returned to sender". (scg) (Entered: 04/26/1993)

PACER
May 3, 1993

Copy of order [30-1] & judgment [31-1] mailed to pla Rine Yawn, ret'd marked "not here", no new address in file. (scg) (Entered: 05/04/1993)

PACER

Case Details

State / Territory:

Georgia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 18, 1989

Case Ongoing: No

Plaintiffs

Plaintiff Description:

three inmates under the custody of the state of Georgia

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

State

The State of Georgia

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Other Dockets:

Northern District of Georgia 1:89-cv-01604

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

None

Source of Relief:

Litigation

Issues

Medical/Mental Health Care:

HIV/AIDS

Recommended Citation