Case: Solesbee v. Witkowski

Solesbee v. Sewell

U.S. Court of Appeals for the Fourth Circuit

MOTION by Leon Ray Solesbee Jr. to proceed in forma pauperis (former empl) (Entered: 12/17/1990)

CASE REFERRED to Magistrate Robert S. Carr (former empl) (Entered: 12/17/1990)

COMPLAINT; (former empl) (Entered: 12/17/1990)

MOTION by plaintiff Leon Ray Solesbee Jr. to amend [2-1] complaint (former empl) (Entered: 08/03/1993)

CHANGE OF ADDRESS; By Plaintiff. (former empl) (Entered: 12/17/1990)

FINANCIAL AFFIDAVIT from SCDC regarding inmate pay. (former empl) (Entered: 12/17/1990)

ORDER, pltf'sfiling fees ($17.00) due 12/31/90 or file an affidavit w/i 10 days stating why he should pay a lesser fee. ( signed by Magistrate Robert S. Carr ) (former empl) (Entered: 12/17/1990)

MOTION by Leon Ray Solesbee Jr. for appointment of counsel (former empl) (Entered: 12/17/1990)

MOTION by Leon Ray Solesbee Jr. to extend time to pay filing fee (former empl) (Entered: 12/19/1990)

MOTION by plaintiff Leon Ray Solesbee Jr. to amend [2-1] complaint (former empl) (Entered: 08/03/1993)

Minute entry: granting [1-1] motion to proceed in forma pauperis (former empl) (Entered: 10/10/1991)

Minute entry: mooting [7-1] motion to extend time to pay filing fee (former empl) (Entered: 04/08/1992)

Filing Fee Paid; FILING FEE $ 17.00 RECEIPT # 55605 (former empl) (Entered: 01/17/1991)

ORDER denying [6-1] motion for appointment of counsel ( signed by Magistrate Robert S. Carr ) (former empl) (Entered: 12/26/1990)

MOTION by plaintiff Leon Ray Solesbee Jr. for order for plaintiff to proceed without payment on cost of photcopying service of legal material (former empl) (Entered: 08/03/1993)

ORDER pltf pay partial filing fee of $17.00 not later than 3-1-91. mld eod 1-7-90( signed by Judge UNASSIGNED ) (former empl) (Entered: 01/07/1991)

SUMMONS(ES) issued for Jimmy Sewell (former empl) (Entered: 01/17/1991)

MOTION by plaintiff Leon Ray Solesbee Jr. to Take Deposition by tape recording of parties (former empl) (Entered: 08/03/1993)

MOTION by Jimmy Sewell to extend time to answer. (former empl) (Entered: 02/22/1991)

AFFIDAVIT of W. Howard Boyd, Jr. Re: [11-1] motion to extend time (former empl) (Entered: 02/22/1991)

ORDER granting [11-1] motion to extend time, reset answer due for 3/11/91 for Jimmy Sewell mld eod 2/28/91 ( signed by Magistrate Robert S. Carr ) (jada) (Entered: 02/28/1991)

ANSWER to Complaint by Jimmy Sewell (Attorney ),; jury demand (former empl) (Entered: 03/19/1991)

Change of address submitted by plaintiff from Allendale Corr. Inst. to Evans Corr. Inst. (former empl) (Entered: 08/03/1993)

MOTION by Leon Ray Solesbee Jr. for request of documents pursuant to Rule 34 FRCP (former empl) (Entered: 04/17/1991)

AFFIDAVIT in opposition to by Leon Ray Solesbee Jr. Re: [14-1] answer (former empl) (Entered: 05/10/1991)

MEMORANDUM by Leon Ray Solesbee Jr. in opposition to [14-1] answer (former empl) (Entered: 05/10/1991)

AFFIDAVIT by Leon Ray Solesbee Jr. Re: [14-1] answer (former empl) (Entered: 05/10/1991)

AFFIDAVIT in opposition by Leon Ray Solesbee Jr. Re: [14-1] answer (former empl) (Entered: 05/10/1991)

MEMORANDUM by plaintiff Leon Ray Solesbee Jr. in support of [19- 1] affidavit, [18-1] affidavit, [17-1] opposition memorandum (former empl) (Entered: 08/03/1993)

Pltf's 1st set of interrogatories to deft. (former empl) (Entered: 05/10/1991)

MOTION by Leon Ray Solesbee Jr. for leave to file amended complaint (former empl) (Entered: 05/10/1991)

MOTION by Leon Ray Solesbee Jr. to compel production of documents (former empl) (Entered: 05/10/1991)

Plaintiff's request for admissions to Brad Basic. (former empl) (Entered: 05/10/1991)

Plaintiff's request for admissions to Jimmy Sewell (former empl) (Entered: 05/10/1991)

MOTION by Leon Ray Solesbee Jr. for permission to do an oral deposition by tape recording parties (former empl) (Entered: 06/20/1991)

MOTION by Leon Ray Solesbee Jr. for an order addressed to SCDC to provide pltf free photo copying services of pltf's legal material (former empl) (Entered: 06/20/1991)

MOTION by Leon Ray Solesbee Jr. to compel production of interrogatories (former empl) (Entered: 06/20/1991)

MOTION by Jimmy Sewell for summary judgment (former empl) (Entered: 06/20/1991)

MEMORANDUM by Jimmy Sewell in support of [30-1] motion for summary judgment (former empl) (Entered: 06/20/1991)

RETURN OF SERVICE executed as to Jimmy Sewell 6/11/91 Answer due on 7/1/91 for Jimmy Sewell (former empl) (Entered: 06/20/1991)

AFFIDAVIT of Matthew Ogunsile Re: [30-1] motion for summary judgment (former empl) (Entered: 06/20/1991)

AFFIDAVIT by Jimmy Sewell Re: [30-1] motion for summary judgment (former empl) (Entered: 06/20/1991)

AFFIDAVIT of Charles Brock Re: [30-1] motion for summary judgment (former empl) (Entered: 06/20/1991)

AFFIDAVIT of Mary Ann Sanders Re: [30-1] motion for summary judgment (former empl) (Entered: 06/20/1991)

AFFIDAVIT of John Mills Re: [30-1] motion for summary judgment (former empl) (Entered: 06/20/1991)

ORDER, Response to motion reset to 7/30/91 for [30-1] motion for summary judgment ( signed by Magistrate Robert S. Carr ) eod & mld 6- 27-91 (former empl) (Entered: 06/27/1991)

AFFIDAVIT of Timothy McAdams Re: [30-1] motion for summary judgment (former empl) (Entered: 07/18/1991)

MOTION by Leon Ray Solesbee Jr. to consolidate cases (former empl) (Entered: 07/18/1991)

AFFIDAVIT by Leon Ray Solesbee Jr. Re: [30-1] motion for summary judgment w/attachments. (former empl) (Entered: 07/18/1991)

AFFIDAVIT by Leon Ray Solesbee Jr. Re: [30-1] motion for summary judgment w/attachments. (former empl) (Entered: 07/18/1991)

AFFIDAVIT by Leon Ray Solesbee Jr. Re: [30-1] motion for summary judgment & w/attachments. (former empl) (Entered: 07/18/1991)

Minute entry: statistically staying [15-1] motion for request of documents pursuant to Rule 34 FRCP statistically staying [24-1] motion to compel production of documents denying [27-1] motion for permission to do an oral deposition by tape recording parties denying [28-1] motion for an order addressed to SCDC to provide pltf free photo copying services of pltf's legal material statistically staying [29-1] motion to compel production of interrogatories (former empl) (Entered: 04/17/1992)

ORDER granting [41-1] motion to consolidate cases. This matter is consolidated with C/A6:90-2488-98J. Defts are to identify all of the officers who were on duty in the vicinity of the attachk on pltf as well as those who assisted in stoping the attack. They also shallproduce cc of the relevant incident reports, the requested policies concerning duties of security personnel in conjunction w/inmate attacks, & cc's of all logs for all areas in which the pltf. was attacked on 4-9-98 . Such production shall be accomplished w/i 30 days hereof, & the pltf may file any supplemental response to the pending motion for s/j by 10-1-91. ( signed by Magistrate Robert S. Carr ) eod & mld 8-7-91. (former empl) (Entered: 08/07/1991)

Minute entry: granting [20-1] motion for leave of Ct to consolidate 2 defts cases pursuant to FRCP 42 (former empl) (Entered: 04/08/1992)

Minute entry:, Specific Document Filing (supplemental response to the deft's motion for s/j) 10/1/91 for Leon Ray Solesbee Jr. (former empl) (Entered: 09/13/1991)

Consolidated Lead Case (former empl) (Entered: 08/07/1991)

REPLY by Jimmy Sewell to [46-1] order (deft's response to interrogatories & requestfor production propounded by the Ct.). (former empl) (Entered: 09/13/1991)

RESPONSE by plaintiff Leon Ray Solesbee Jr. in opposition to [30-1] motion for summary judgment (former empl) (Entered: 08/03/1993)

ORDER directing the Clerk to file the pltf' amended complaint & granting [23-1] motion for leave to file amended complaint, the pltf shall take whatever steps are necessary to perfect svc of the amended cmp, the defts may avoid filing an amended answer or s/j motion by advising the Ct and pltf in writing that they intend to rely on the orig. pleadings and the pltf shall have 60 days from hereof to respond to the pending motion for s/j Specific Document Filing 1/6/92 for Leon Ray Solesbee Jr. ( signed by Magistrate Robert S. Carr ) eod & mld 11-8-91. (former empl) (Entered: 11/08/1991)

AMENDED COMPLAINT by Leon Ray Solesbee Jr. , (Answer due 11/18/91 for Jimmy Sewell ) amending [2-1] complaint against Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills; jury demand (former empl) (Entered: 11/21/1991)

AMENDED SUMMONS(ES) issued for Jimmy Sewell, Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills, Brad Basic (former empl) (Entered: 12/03/1991)

12-10-91 LETTER from defts to RSC dated 11-27-91, responding to instructions in 11-6-91 order. (former empl) (Entered: 12/13/1991)

Return of service unexecuted as to Larry Arrowood (SCDC ret'd "cannont accept"). (former empl) (Entered: 12/24/1991)

Return of service unexecuted as to Brad Basic (SCDC ret'd as "cannont accept"). (former empl) (Entered: 12/24/1991)

Return of service unexecuted as to Sarah Mills (former empl) (Entered: 12/24/1991)

Return of service unexecuted as to Jeff Henderson ("cannont accept"). (former empl) (Entered: 12/24/1991)

RETURN OF SERVICE executed as to Jimmy Sewell 12/13/91 Answer due on 1/2/92 for Jimmy Sewell (former empl) (Entered: 12/24/1991)

RETURN OF SERVICE executed as to Mary Ann Sanders 12/13/91 Answer due on 1/2/92 for Mary Ann Sanders (former empl) (Entered: 12/24/1991)

RETURN OF SERVICE executed as to Richard Witkowski 12/13/91 Answer due on 1/2/92 for Richard Witkowski (former empl) (Entered: 12/24/1991)

RETURN OF SERVICE executed as to John . Mills 12/13/91 Answer due on 1/2/92 for John . Mills (former empl) (Entered: 12/24/1991)

RETURN OF SERVICE executed as to Benjamin Hunter 12/13/91 Answer due on 1/2/92 for Benjamin Hunter (former empl) (Entered: 12/24/1991)

RETURN OF SERVICE executed as to Vernon Miller 12/13/91 Answer due on 1/2/92 for Vernon Miller (former empl) (Entered: 12/24/1991)

Return of service unexecuted as to Larry Keller ("cannot accept"). (former empl) (Entered: 12/24/1991)

MEMORANDUM by Leon Ray Solesbee Jr. in opposition to [30-1] motion for summary judgment (former empl) (Entered: 12/24/1991)

MOTION by Leon Ray Solesbee Jr. to amend [64-1] opposition memorandum (former empl) (Entered: 03/02/1992)

ORDER granting [65-1] motion to amend [64-1] opposition memorandum, Response to motion reset to 7/31/92 for [30-1] motion for summary judgment ( signed by Magistrate Judge Robert S. Carr ) eod & mld 7-1-92. (former empl) (Entered: 07/01/1992)

MEMORANDUM by plaintiff Leon Ray Solesbee Jr. in opposition to [30-1] motion for summary judgment (former empl) (Entered: 08/14/1992)

REPORT AND RECOMMENDATIONS of Magistrate Judge Robert S. Carr . RECOMMENDED that the defts' summary judgment motion as to any 8th amendment claims based upon negligence and 14th amendment claims be granted and summary judgment as to the 8th amendment claims be denied. Case no longer referred to Magistrate Judge Robert S. Carr Objections to R and R due by 11/5/92 eod & mld 10-26-92. (former empl) (Entered: 10/26/1992)

ORDER granting [68-1] report and recommendations granting in part, denying in part [30-1] motion for summary judgment ( signed by Judge Dennis W. Shedd ) eod & mld 12-10-92. (former empl) (Entered: 12/18/1992)

MOTION by plaintiff Leon Ray Solesbee Jr. to compel (mflo) (Entered: 02/25/1993)

MOTION by defendant Jimmy Sewell, defendant Richard Witkowski, defendant Mary Ann Sanders, defendant John . Mills, defendant Larry Arrowood, defendant Benjamin Hunter, defendant Vernon Miller, defendant Larry Keller, defendant Jeff Henderson, defendant Sarah Mills, defendant Brad Basic to Take Depositions of Leon Ray Solesbee, Raymond Bennefield, James Reed, Bruce Howell, Billy Larkin, Roger Dale Johnson and Micky Dean Robinson (mflo) (Entered: 02/25/1993)

** Added MO-MCC flag indicating motion(s) referred to Magistrate Judge McCrorey. (mflo) (Entered: 02/25/1993)

** Removed Magistrate motion flag. (mflo) (Entered: 02/25/1993)

Motion(s) referred: [71-1] motion to Take Depositions of Leon Ray Solesbee, Raymond Bennefield, James Reed, Bruce Howell, Billy Larkin, Roger Dale Johnson and Micky Dean Robinson referred to Magistrate Judge Robert S. Carr (mflo) (Entered: 02/25/1993)

** Added MO-CAR flag indicating motion(s) referred to Magistrate Judge Carr. (mflo) (Entered: 02/25/1993)

CASE REFERRED to Magistrate Judge Robert S. Carr (mflo) (Entered: 02/25/1993)

MOTION by plaintiff Leon Ray Solesbee Jr. to compel production of documents (former empl) Modified on 08/06/1993 (Entered: 08/03/1993)

MOTION by plaintiff Leon Ray Solesbee Jr. for reconsideration of [8-1] order (former empl) Modified on 08/06/1993 (Entered: 08/03/1993)

MEMORANDUM by plaintiff Leon Ray Solesbee Jr. in support of [71- 1] motion for reconsideration of [8-1] order (former empl) Modified on 08/06/1993 (Entered: 08/03/1993)

Motion(s) referred: [70-1] motion to compel production of documents referred to Magistrate Judge Robert S. Carr (former empl) Modified on 08/06/1993 (Entered: 08/03/1993)

Motion(s) referred: [71-1] motion for reconsideration of [8-1] order referred to Magistrate Judge Robert S. Carr (former empl) Modified on 08/06/1993 (Entered: 08/03/1993)

MEMORANDUM by defendant Jimmy Sewell, defendant Richard Witkowski, defendant Mary Ann Sanders, defendant John . Mills, defendant Larry Arrowood, defendant Benjamin Hunter, defendant Vernon Miller, defendant Larry Keller, defendant Jeff Henderson, defendant Sarah Mills, defendant Brad Basic, defendant Jimmy . Brown, defendant Matthew . Ogunsile in opposition to [70-1] motion to compel production of documents (former empl) (Entered: 09/21/1993)

MOTION by plaintiff Leon Ray Solesbee Jr. to amend [2-1] complaint (jada) (Entered: 03/08/1993)

MOTION by plaintiff Leon Ray Solesbee Jr. for default judgment against Jimmy Sewell, Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills, Brad Basic (jada) (Entered: 03/08/1993)

AFFIDAVIT by plaintiff Leon Ray Solesbee Jr. Re: [74-1] motion for default judgment against Jimmy Sewell, Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills, Brad Basic (jada) (Entered: 03/08/1993)

Request for Default by plaintiff Leon Ray Solesbee Jr. as to defendant Jimmy Sewell, defendant Richard Witkowski, defendant Mary Ann Sanders, defendant John . Mills, defendant Larry Arrowood, defendant Benjamin Hunter, defendant Vernon Miller, defendant Larry Keller, defendant Jeff Henderson, defendant Sarah Mills, defendant Brad Basic (jada) (Entered: 03/08/1993)

Motion(s) referred: [74-1] motion for default judgment against Jimmy Sewell, Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills, Brad Basic referred to Magistrate Judge Robert S. Carr (jada) (Entered: 03/08/1993)

Motion(s) referred: [72-1] motion to amend [2-1] complaint referred to Magistrate Judge Robert S. Carr (jada) (Entered: 03/08/1993)

MOTIONS HEARING(RSC/pf) denying [74-1] motion for default judgment against Jimmy Sewell, Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills, Brad Basic, granting [71-1] motion to Take Depositions of Leon Ray Solesbee, Raymond Bennefield, James Reed, Bruce Howell, Billy Larkin, Roger Dale Johnson and Micky Dean Robinson, adding Virgil Jefferies and Donnie Gibson; granting in part, denying in part [70-1] motion to compel; counsel for the defts to submit motion to be relieved as counsel w/in 10 days;disc 60 days until 6/5/93; motion to amend will be discussed at that time;pltf to submit costs to Judge as far as sanctions (jada) (Entered: 03/10/1993)

Motion(s) no longer referred: [74-1] motion for default judgment against Jimmy Sewell, Richard Witkowski, Mary Ann Sanders, John . Mills, Larry Arrowood, Benjamin Hunter, Vernon Miller, Larry Keller, Jeff Henderson, Sarah Mills, Brad Basic no longer referred to Magistrate Judge Robert S. Carr (jada) (Entered: 03/10/1993)