KERCH v. JOHNSON, et al.
| Georgia Middle District Court | |
| Judge: | Marc Thomas Treadwell |
| Referred: | Charles H Weigle |
| Case #: | 5:17-cv-00108 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Mar 23, 2017 |
| Terminated: | Jun 01, 2018 |
Defendant
GLENN JOHNSON
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Defendant
JOHN/JANE DOES
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Defendant
KENNETH MCCLAIN
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Plaintiff
PHILLIP NATHAN KERCH
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GPO
Jul 21 2017
ORDER DENYING 3 MOTION to Appoint Counsel filed by PHILLIP NATHAN KERCH, GRANTING 2 MOTION for Leave to Proceed in forma pauperis filed by PHILLIP NATHAN KERCH, REPORT AND RECOMMENDATION re 1 Complaint, filed by PHILLIP NATHAN KERCH () Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 07/21/17. (ans) |
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GPO
Feb 13 2018
ORDER ADOPTING 10 Report and Recommendations and GRANTING 16 Motion to Amend/Correct. Plaintiff's retaliation and denial of recreation claims against Defendants Johnson and McClain may proceed for further factual development. The following claims are DISMISSED without prejudice: (1) access-to-courts claim based on denied access to the law library; (2) access-to-courts claim based on alleged interference with the grievance procedure; (3) due process claim based on alleged interference with the grievance procedure; and (4) access-to-telephones claim. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 2/13/2018. (tlh) |
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GPO
May 10 2018
REPORT AND RECOMMENDATION re 1 Complaint, filed by PHILLIP NATHAN KERCH, 33 MOTION for Preliminary Injunction filed by PHILLIP NATHAN KERCH, 23 MOTION to Dismiss filed by GLENN JOHNSON. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 05/10/2018. (mdm) |
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GPO
May 30 2018
ORDER ADOPTING 37 Report and Recommendations; GRANTING 23 Motion to Dismiss and DENYING as moot 33 Motion for Preliminary Injunction. Plaintiff's claims are DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/30/2018. (tlh) Text modified on 5/30/2018 (tlh). |
| Docket last updated: 4 hours ago |
| Monday, June 24, 2019 | ||
| 43 | 43
misc
Letter
Mon 06/24 3:01 PM
Letter from Phillip Kerch regarding the three strikes law on civil actions(vs) |
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Att: 1
Envelope
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| Thursday, July 19, 2018 | ||
| 42 | 42
notice
Notice of Change of Address
Thu 07/19 11:53 AM
NOTICE of Change of Address of Phillip Kerch.(sbd) |
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Att: 1
Envelope
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| Friday, June 01, 2018 | ||
| 41 | 41
order
Judgment
Fri 06/01 2:57 PM
JUDGMENT in favor of GLENN JOHNSON, KENNETH MCCLAIN against PHILLIP NATHAN KERCH. (mdm) |
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| Wednesday, May 30, 2018 | ||
| 40 | 40
2
pgs
order
Order on Motion for Preliminary Injunction Order on Report and Recommendations Order on Motion to Dismiss
Wed 05/30 1:41 PM
ORDER ADOPTING37 Report and Recommendations; GRANTING23 Motion to Dismiss and DENYING as moot33 Motion for Preliminary Injunction. Plaintiff's claims are DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/30/2018. (tlh) Text modified on 5/30/2018 (tlh) |
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| Friday, May 25, 2018 | ||
| 39 | 39
notice
Notice (Other)
Fri 05/25 11:50 AM
NOTICE to Dismiss Injunction by PHILLIP NATHAN KERCH.(sbd) |
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Att: 1
Envelope
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| 38 | 38
respoth
Objection to Report and Recommendations
Fri 05/25 11:49 AM
OBJECTION to37 Report and Recommendations filed by PHILLIP NATHAN KERCH.(sbd) |
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Att: 1
Envelope
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| Thursday, May 10, 2018 | ||
| 37 | 37
motion
Report and Recommendation
Fri 05/11 11:43 AM
REPORT AND RECOMMENDATION re1 Complaint, filed by PHILLIP NATHAN KERCH,33 MOTION for Preliminary Injunction filed by PHILLIP NATHAN KERCH,23 MOTION to Dismiss filed by GLENN JOHNSON. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 05/10/2018. (mdm) |
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| Wednesday, April 25, 2018 | ||
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notice
Notice of Deficiency
Wed 04/25 3:45 PM
Notice of Deficiency ; Pursuant to Local Rule 5.1 Discovery is not filed in the Middle District of Georgia. (mdm) |
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| Tuesday, April 24, 2018 | ||
| 36 | 36
discov
Discovery Materials
Wed 04/25 3:44 PM
Discovery Materials - Plaintiff's First Interrogatories to Defendants; Plaintiff's First Request for Production of Documents by PHILLIP NATHAN KERCH.(mdm) |
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Att: 1
Envelope
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| Monday, April 09, 2018 | ||
| 35 | 35
misc
Letter
Mon 04/09 1:57 PM
Letter from Clerk of Court in response to34 Notice of Change of Address and letter questioning if he can proceed to the next step. (cma) |
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| Monday, April 02, 2018 | ||
| 34 | 34
notice
Notice of Change of Address
Thu 04/05 12:36 PM
NOTICE of Change of Address and questioning if he can proceed to the next step(cma) |
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Att: 1
Envelope
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| Wednesday, February 28, 2018 | ||
| 33 | 33
motion
Preliminary Injunction
Wed 02/28 1:14 PM
MOTION for Preliminary Injunction Filed by PHILLIP NATHAN KERCH.. Motion(s) referred to CHARLES H WEIGLE.(cma) |
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Att: 1
Envelope
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| Tuesday, February 13, 2018 | ||
| 32 | 32
5
pgs
order
Order on Report and Recommendations Order on Motion to Amend/Correct
Tue 02/13 3:20 PM
ORDER ADOPTING10 Report and Recommendations and GRANTING16 Motion to Amend/Correct. Plaintiff's retaliation and denial of recreation claims against Defendants Johnson and McClain may proceed for further factual development. The following claims are DISMISSED without prejudice: (1) access-to-courts claim based on denied access to the law library; (2) access-to-courts claim based on alleged interference with the grievance procedure; (3) due process claim based on alleged interference with the grievance procedure; and (4) access-to-telephones claim. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 2/13/2018. (tlh) |
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| Tuesday, January 02, 2018 | ||
| 31 | 31
notice
Notice of Change of Address
Tue 01/02 4:43 PM
NOTICE of Change of Address(cma) |
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Att: 1
Envelope
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| Friday, December 22, 2017 | ||
| 30 | 30
misc
Letter
Fri 12/22 12:32 PM
Letter from Phillip Kerch regarding status of case. Docket Sheet mailed USPS.(cma) |
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Att: 1
Envelope
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| Monday, October 30, 2017 | ||
| 29 | 29
notice
Notice of Change of Address
Tue 10/31 4:39 PM
NOTICE of Change of Address(cma) |
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Att: 1
Envelope
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| Tuesday, October 17, 2017 | ||
| 28 | 28
respm
Reply to Response to Motion
Tue 10/17 12:25 PM
REPLY to Response filed by GLENN JOHNSON, KENNETH MCCLAIN re23 MOTION to Dismiss (CHENG, TINA) |
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| Tuesday, October 10, 2017 | ||
| 27 | 27
respm
Response to Motion
Thu 10/12 1:53 PM
RESPONSE filed by PHILLIP NATHAN KERCH re23 MOTION to Dismiss(cma) |
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Att: 1
Memorandum in Support,
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Att: 2
Envelope
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| Friday, September 29, 2017 | ||
| 26 | 26
1
pgs
order
Order on Motion to Stay
Fri 09/29 4:33 PM
ORDER granting24 Motion to Stay Discovery. Ordered by U.S. MAGISTRATE JUDGE CHARLES H. WEIGLE on 9/29/17. (aob) |
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| 25 | 25
3
pgs
order
Order for Response to Motion
Fri 09/29 4:21 PM
ORDER for Response to Motion re:23 MOTION to Dismiss filed by GLENN JOHNSON. Ordered by U.S. MAGISTRATE JUDGE CHARLES H. WEIGLE on 9/29/17. (aob) |
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| 24 | 24
motion
Stay
Fri 09/29 3:57 PM
MOTION to Stay by GLENN JOHNSON, KENNETH MCCLAIN filed by TINA CHENG.. Motion(s) referred to CHARLES H WEIGLE.(CHENG, TINA) |
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Att: 1
Exhibit Brief in Support of Motion to Stay,
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Att: 2
Exhibit Proposed Order
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| 23 | 23
motion
Dismiss
Fri 09/29 3:30 PM
FIRST MOTION to Dismiss by GLENN JOHNSON and KENNETH MCCLAIN filed by TINA CHENG.. Motion(s) referred to CHARLES H WEIGLE.(CHENG, TINA) Modified on 9/29/2017 Per Attorney's office request to add Kenneth McClain as filer (cma) |
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Att: 1
Exhibit Brief in Support of Motion to Dismiss,
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Att: 2
Exhibit Affidavit of Caleb McClairen,
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Att: 3
Exhibit Statewide Grievance Policy,
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Att: 4
Exhibit Plaintiff's Grievance History,
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Att: 5
Exhibit Plaintiff's Grievances
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| Thursday, September 28, 2017 | ||
| 22 | 22
misc
Letter
Thu 09/28 1:14 PM
Letter from Phillip Kerch regarding request for Local Rules. Mailed plaintiff copy of Local Rules via USPS.(cma) |
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Att: 1
Affidavit of being financially unable to pay,
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Att: 2
Envelope
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| Friday, September 22, 2017 | ||
| 21 | 21
service
Waiver of Service Executed
Fri 09/22 3:57 PM
WAIVER OF SERVICE Returned Executed by KENNETH MCCLAIN. as to KENNETH MCCLAIN (CHENG, TINA) |
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| 20 | 20
service
Waiver of Service Executed
Fri 09/22 3:56 PM
WAIVER OF SERVICE Returned Executed by GLENN JOHNSON. as to GLENN JOHNSON (CHENG, TINA) |
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| Thursday, September 21, 2017 | ||
| 19 | 19
service
USM 285 Process Receipt and Return
Thu 09/21 2:56 PM
USM 285 Process Receipt and Return UNEXECUTED for JOHN/JANE DOES, GLENN JOHNSON, KENNETH MCCLAIN.(cma) |
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Att: 1
Johnson,
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Att: 2
Does
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| Tuesday, September 19, 2017 | ||
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order
Clerk's Entry of Default
Tue 09/19 4:47 PM
Plaintiffs Request for CLERK'S ENTRY OF DEFAULT as to JOHN/JANE DOES, GLENN JOHNSON, KENNETH MCCLAIN is DECLINED - Proper service not perfected (cma) |
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| Monday, September 18, 2017 | ||
| 18 | 18
misc
Application to Clerk for Entry of Default
Tue 09/19 4:30 PM
Application to Clerk for Entry of Default against JOHN/JANE DOES, GLENN JOHNSON, KENNETH MCCLAIN.(cma) |
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Att: 1
Envelope
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| Friday, August 25, 2017 | ||
| 17 | 17
misc
Letter
Fri 08/25 1:43 PM
Letter from Philip Kerch regarding request to make Administration follow policy.(cma) |
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Att: 1
Envelope
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| Thursday, August 03, 2017 | ||
| 16 | 16
motion
Amend/Correct
Thu 08/03 12:53 PM
MOTION to Amend/Correct1 Complaint and OBJECTION to10 REPORT AND RECOMMENDATION re1 Complaint filed by PHILLIP NATHAN KERCH Filed by PHILLIP NATHAN KERCH.. Motion(s) referred to CHARLES H WEIGLE.(cma) |
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Att: 1
Envelope
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| Monday, July 31, 2017 | ||
| 15 | 15
service
USM 285 Process Receipt and Return
Mon 07/31 3:46 PM
USM 285 Process Receipt and Return MAILED for JOHN/JANE DOES (ans) |
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| 14 | 14
service
USM 285 Process Receipt and Return
Mon 07/31 3:46 PM
USM 285 Process Receipt and Return MAILED for KENNETH MCCLAIN (ans) |
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| 13 | 13
service
USM 285 Process Receipt and Return
Mon 07/31 3:44 PM
USM 285 Process Receipt and Return MAILED for GLENN JOHNSON (ans) |
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| Monday, July 24, 2017 | ||
| 12 | 12
notice
Notice of Change of Address
Mon 07/24 11:15 AM
NOTICE of Change of Address(ans) |
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Att: 1
Envelope
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| Friday, July 21, 2017 | ||
| 11 | 11
service
USM 285 Process Receipt and Return
Fri 07/21 12:34 PM
USM 285 Process Receipt and Return ISSUED for GLENN JOHNSON, KENNETH MCCLAIN, JOHN/JANE DOES(ans) |
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Att: 1
USM 285 Unit Manager Kenneth McClain,
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Att: 2
USM 285 John/Jane Does Law Librarian
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| 10 | 10
motion
Report and Recommendation Order
Fri 07/21 12:28 PM
ORDER DENYING3 MOTION to Appoint Counsel filed by PHILLIP NATHAN KERCH, GRANTING2 MOTION for Leave to Proceed in forma pauperis filed by PHILLIP NATHAN KERCH, REPORT AND RECOMMENDATION re1 Complaint, filed by PHILLIP NATHAN KERCH () Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 07/21/17. (ans) |
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| Thursday, June 22, 2017 | ||
| 9 | 9
misc
Affidavit
Thu 06/22 9:27 AM
AFFIDAVIT OF PHILLIP N KERCH by PHILLIP NATHAN KERCH(cma) |
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Att: 1
Envelope
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| Thursday, April 06, 2017 | ||
| 8 | 8
cmp
Supplement to Complaint
Thu 04/06 3:07 PM
Supplement re1 Complaint against JOHN/JANE DOES, GLENN JOHNSON, KENNETH MCCLAIN by PHILLIP NATHAN KERCH(cma) |
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Att: 1
Envelope
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| Friday, March 31, 2017 | ||
| 7 | 7
misc
Withdrawal of Motion
Fri 03/31 4:38 PM
WITHDRAWAL of Motion re4 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order filed by PHILLIP NATHAN KERCH. Request for forms for summons, complaint, motion for production, amended complaint. Sent Plaintiff 1983 prisoner forms Via USPS.(cma) |
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Att: 1
Envelope
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| Friday, March 24, 2017 | ||
| 6 | 6
misc
Consent Form (28 USC 636) Sent
Fri 03/24 4:00 PM
Consent Form (28 USC 636(c)(1)) sent to PHILLIP NATHAN KERCH (cma) |
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| 5 | 5
order
Order Referring Case to Magistrate Judge
Fri 03/24 4:00 PM
ORDER REFERRING CASE to Magistrate Judge Weigle issued at the direction of the Court. (cma) |
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| Thursday, March 23, 2017 | ||
| 4 | 4
motion
Preliminary Injunction Temporary Restraining Order
Thu 03/23 3:55 PM
MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order Filed by PHILLIP NATHAN KERCH.. Motion(s) referred to CHARLES H WEIGLE.(cma) |
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Att: 1
Declaration of Phillip Kerch,
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Att: 2
Envelope
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| 3 | 3
motion
Appoint Counsel
Thu 03/23 3:53 PM
MOTION to Appoint Counsel Filed by PHILLIP NATHAN KERCH.. Motion(s) referred to CHARLES H WEIGLE.(cma) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Thu 03/23 3:53 PM
MOTION and AFFIDAVIT for Leave to Proceed in forma pauperis Filed by PHILLIP NATHAN KERCH.. Motion(s) referred to CHARLES H WEIGLE.(cma) |
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Att: 1
Account Certification and Account Statement
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| 1 | 1
cmp
Complaint
Thu 03/23 3:44 PM
COMPLAINT against JOHN/JANE DOES, GLENN JOHNSON, KENNETH MCCLAIN filed by PHILLIP NATHAN KERCH.(cma) |
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Att: 1
1983 Prisoner Form,
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Att: 2
Jurisdiction and Venue,
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Att: 3
Motion for Supplemental Complaint,
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Att: 4
Declaration of Carl Sanford,
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Att: 5
Declaration of Michael Alfred Maestrey,
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Att: 6
Envelope
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