Terry v. Brown et al
| Louisiana Western District Court | |
| Judge: | Robert G James |
| Referred: | Kathleen Kay |
| Case #: | 2:17-cv-00410 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 28:1331 Federal Question: Bivens Act |
| Case Filed: | Mar 16, 2017 |
| Terminated: | Apr 13, 2018 |
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| Docket last updated: 04/24/2024 11:59 PM CDT |
| Friday, April 13, 2018 | ||
| 14 | 14
order
Judgment re Report and Recommendations Order on Report and Recommendations
Fri 04/13 2:32 PM
JUDGMENT adopting12 Report and Recommendation of the Magistrate Judge Dismissing1 Complaint, filed by Josh Terry Without Prejudice under Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Judge Robert G James on 4/13/2018. (crt,Crawford, A) |
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| Thursday, April 12, 2018 | ||
| 13 | 13
order
Minute Entry/Order Reassigning Case
Fri 04/13 10:43 AM
ORDER REASSIGNING CASE. Case reassigned to Judge Robert G James. Unassigned District Judge no longer assigned to case. Signed by Chief Judge S Maurice Hicks, Jr on 4/12/2018. (crt,ThomasSld, T) |
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| Wednesday, April 11, 2018 | ||
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utility
Motions Transferred
Wed 04/11 3:59 PM
Motions Transferred regarding12 REPORT AND RECOMMENDATIONS re1 Complaint, filed by Josh Terry,7 Amended Complaint filed by Josh Terry. Motions referred to Judge Robert G James. (crt,Benoit, T) |
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| Monday, March 19, 2018 | ||
| 12 | 12
motion
Report and Recommendations
Mon 03/19 5:03 PM
REPORT AND RECOMMENDATIONS re1 Complaint,7 Amended Complaint filed by Josh Terry. IT IS RECOMMENDED that Terry's petition be DISMISSED WITHOUT PREJUDICE under Rule 41(b) of the Federal Rules of Civil Procedure. Objections to R&R due by 4/2/2018. Signed by Magistrate Judge Kathleen Kay on 3/19/2018. (crt,LaCombe, L) |
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| Wednesday, December 27, 2017 | ||
| 11 | 11
order
Sec P - Order Amend/ARP/Summons/Timely
Thu 12/28 2:31 PM
MEMORANDUM ORDER: Directing plaintiff to amend complaint. Pro Se Response due by 1/26/2018. Signed by Magistrate Judge Kathleen Kay on 12/27/2017. (crt,Haik, K) |
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| Thursday, November 30, 2017 | ||
| 10 | 10
misc
Letter
Mon 12/04 8:52 AM
LETTER from plaintiff to court regarding filing fee and status request. Clerk sent a payment history report and a docket sheet to plaintiff on 12/1/17. (crt,Haik, K) |
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Att: 1
Envelope
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| Friday, August 11, 2017 | ||
| 9 | 9
order
Minute Entry/Order Reassigning Case
Fri 08/11 11:15 AM
ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Unassigned District Judge. Judge Patricia Minaldi no longer assigned to case. All pending motions are referred to Magistrate Judge Kathleen Kay for processing. All deadlines and hearings remain as set pending further review by the court. All future filings should bear the name of the new judge assignment. Approved by Chief Judge Dee D Drell on 8/7/2017. (crt,Benoit, T) |
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| Thursday, May 18, 2017 | ||
| 8 | 8
notice
Notice of Change of Address
Thu 05/18 3:14 PM
NOTICE of Change of Address by Josh Terry. Clerk updated address to F C I - Beaumont Low P O Box 26020 Beaumont, TX 77720.(crt,ThomasSld, T) |
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Att: 1
Envelope
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| Monday, April 17, 2017 | ||
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misc
Receipt of Funds
Mon 04/17 2:37 PM
RECEIVED Partial Filing Fee on behalf of Josh Terry in the amount of $143.68, receipt number 54635055520. (crt,Adams, K) |
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| Wednesday, April 05, 2017 | ||
| 7 | 7
cmp
Amended Complaint
Tue 04/11 8:54 AM
LETTER/AMENDED COMPLAINT against Brian A Nichols filed by Josh Terry.(crt,Haik, K) |
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Att: 1
Exhibit,
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Att: 2
Envelope
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| Tuesday, March 21, 2017 | ||
| 6 | 6
order
Order on Motion for Leave to Proceed In Forma Pauperis
Wed 03/22 11:36 AM
ORDER granting2 Motion for Leave to Proceed in forma pauperis. Initial Partial Filing Fee due in the amount of $143.68. It is further ordered that plaintiff make payments of 20 percent of income for preceding month until $350.00 has been paid in full. Clerk manually noticed Prison Accounts Officer. Signed by Magistrate Judge Kathleen Kay on 3/21/2017. (crt,Haik, K) |
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| 5 | 5
order
Order on Motion to Appoint Counsel
Tue 03/21 1:43 PM
ORDER denying3 Motion to Appoint Counsel. As with Section 1983 actions, an indigent plaintiff in a Bivens action is only entitled to appointment of counsel upon a showing of exceptional circumstances. Espinal v. Bemis , 464 Fed. App'x 250, 251-52 (5th Cir. 2012). Congress has not specifically authorized courts to appoint counsel for plaintiffs proceeding under 42 U.S.C. §1983. Generally no right to counsel exists in § 1983 actions [but] appointment of counsel should be made as authorized by 28 U.S.C. § 1915 where exceptional circumstances are present. Robbins v. Maggio , 750 F.2d. 405 (5th Cir. 1985). It is proper for the court to consider the following factors when determining : whether the plaintiff is entitled to have the court request that counsel assist him in his suit: the type and complexity of the case; the plaintiffs ability to adequately present and investigate his case; the presence of evidence which largely consists of conflicting testimony so as to require skill in presentation of evidence and cross-examination; and the likelihood that appointment will benefit the petitioner, the court, and the defendants by shortening the trial and assisting in just determination. Parker v. Carpenter , 978 F.2d. 190 (5th Cir. 1992) (citing Murphy v. Kellar , 950 F.2d. at 293, n.14. Additionally, a court may consider whether a plaintiff has demonstrated the inability to secure private counsel on his own behalf. Jackson v. Cain , 864 F.2d. 1235, 1242 (5th Cir.1989). Plaintiff is not excused from trying to procure counsel for himself. No special legal knowledge is required of plaintiff herein. Indeed, plaintiff, and no one else, has first-hand knowledge of the facts which form the basis of this action. Plaintiffs claims are not necessarily atypical of those often asserted in civil rights litigation and are not complex. Finally, although plaintiff claims he cannot afford representation, plaintiff has failed to demonstrate that he has attempted to procure counsel on his behalf. Accordingly, plaintiffs request for appointment of counsel is denied as the circumstances presented herein are not exceptional so as to warrant the appointment of counsel. Moreover, plaintiffs request is denied because plaintiff has failed to demonstrate any effort to secure counsel on his own behalf. Signed by Magistrate Judge Kathleen Kay on 3/21/2017. (jud,Kay, Kathleen) |
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| Monday, March 20, 2017 | ||
| 4 | 4
misc
Proposed Order (Court User Only/Public Entry No NEF)
Mon 03/20 9:13 AM
PROPOSED MEMORANDUM ORDER re2 Motion for Leave to Proceed in forma pauperis referred to Magistrate Judge Katheen Kay. (Public entry, but no electronic notice). (crt,Thigpen, M) |
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| Thursday, March 16, 2017 | ||
| 3 | 3
motion
Appoint Counsel
Fri 03/17 4:39 PM
MOTION to Appoint Counsel by Josh Terry. (crt,Keller, J) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Fri 03/17 4:38 PM
MOTION for Leave to Proceed in forma pauperis by Josh Terry. (crt,Keller, J) |
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| 1 | 1
cmp
Complaint
Fri 03/17 4:37 PM
COMPLAINT against Dante Alexander, S Brown, Becky Clay, John Does, Christopher Gore, Caleb Gotreaux, Calvin Johnson, Russell L Johnson, J A Keller, Kaci Maxey, K Morgan, S Porter, Rex, Spears, Terrence Steffey filed by Josh Terry.(crt,Keller, J) |
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Att: 1
Exhibits,
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Att: 2
Civil cover sheet,
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Att: 3
Exhibit
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utility
Case Assigned/Reassigned
Mon 03/20 9:10 AM
CASE Assigned to Judge Patricia Minaldi and Magistrate Judge Kathleen Kay. Motions referred to Kathleen Kay. (crt,Thigpen, M) |
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