2013 WL 6019215

Constitutional Accountability Center

ACLU Virginia

COMPLAINT against Harold C. Clarke, E. Pearson, A. David Robinson, filed by Alfredo Prieto. (Attachments: # 1 Attachment 1, # 2 Attachment 2)(rban, ) (Additional attachment(s) added on 10/25/2012: # 3 Envelope, # 4 Letter, # 5 Report Prisoner Data) (rban, ). (Entered: 10/25/2012)

MOTION for Leave to Proceed in forma pauperis by Alfredo Prieto. (rban, ) (Entered: 10/25/2012)

MEMORANDUM OPINION AND ORDER. Accordingly, it is hereby Ordered that plaintiffs claim regarding Sussex I State Prisons visitation policy be and is DISMISSED WITH PREJUDICE for failure to state a claim, pursuant to 28 U.S.C. § 1915A(b)(1); and it is further ORDERED that plaintiff's request to proceed in forma pauperis is conditionally granted to the extent that plaintiff need not prepay the filing fee at this time. Plaintiff is directed to sign and return the attached Consent Form within thirty (30) days from the date of this Order. If the Court grants plaintiff in forma pauperis status, he will be required to pay the filing fee in installments after first paying an initial filing fee; and it is further ORDERED that the Clerk request plaintiff's institution to provide an Inmate Account Report Form on plaintiff within thirty (30) days of the date of this Order; and it is further ORDERED that plaintiff's failure to comply with any part of this Order within THIRTY (30) DAYS FROM THE DATE OF THIS ORDER, or failure to notify this Court immediately in the event he is transferred, released, or otherwise relocated, may result in the dismissal of this complaint pursuant to Fed.R.Civ.P.41(b). (See Order For Details). Signed by District Judge Leonie M. Brinkema on 11/2/12. (nhal) (Entered: 11/05/2012)

Prisoner Trust Fund Account Statement by Sussex I State Prison. (nhall) (Entered: 11/15/2012)

Prisoner Payment: $ 100.00, receipt number 14683032312. (Attachments: # 1 Letter) (nhall) (Entered: 11/20/2012)

1 Letter

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Consent to Collection of Fees by Alfredo Prieto. (nhall) (Entered: 11/26/2012)

ORDER. Accordingly, it is hereby ORDERED that plaintiff's application to proceed in forma pauperis (Docket #2) be and is GRANTED; and it is further ORDERED that the petition be and is FILED in forma pauperis and it is further ORDERED that plaintiff's failure to notify the Court immediately in the event he is transferred, released, or otherwise relocated, may result in the dismissal of this complaint pursuant to Fed. R. Civ. P. 41(b). (See Order For Details). Signed by District Judge Leonie M. Brinkema on 11/26/12. (nhall) (Entered: 11/27/2012)

NOTICE Of Mailing Notice Of Lawsuit and Request For Waiver Of Service Of Summons To Defendants by Harold C. Clarke, E. Pearson, A. David Robinson. (nhall) (Entered: 11/27/2012)

Consent to Collection of Fees by Alfredo Prieto. (Attachments: # 1 Letter)(nhall) (Entered: 11/27/2012)

1 Letter

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NOTICE OF APPEAL as to 3 Order,,,,, by Alfredo Prieto. Appeal Fee Not Paid. Copy Mailed To Plaintiff. (Attachments: # 1 Letter)(nhall) (Entered: 11/27/2012)

1 Letter

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Transmission of Notice of Appeal to US Court of Appeals re 10 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (nhall) (Entered: 11/27/2012)

USCA Case Number 12-8025 4th Circuit, Case Manager P. Stump for 10 Notice of Appeal filed by Alfredo Prieto. (nhall) (Entered: 12/03/2012)

Letter To Court From USCA, please transmit the record to this office. (nhall) (Entered: 12/03/2012)

Prisoner Payment: $42.04, receipt number 14683032682. (nhall) (Entered: 12/10/2012)

NOTICE of Appearance by Abid Riaz Qureshi on behalf of Alfredo Prieto (Qureshi, Abid) (Entered: 12/10/2012)

PRISONER PAYMENT: $ 100.00, receipt number 14683032969 (Attachments: # 1 Cover Letter) (pmil) (Entered: 12/27/2012)

1 Cover Letter

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PRISONER PAYMENT: $ 9.45, receipt number 14683033001 (Attachments: # 1 Voucher) (pmil) (Entered: 12/27/2012)

1 Voucher

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WAIVER OF SERVICE Returned Executed Harold C. Clarke waiver sent on 11/27/2012, answer due 1/28/2013. (Attachments: # 1 Letter)(rban, ) (Entered: 12/31/2012)

1 Letter

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NOTICE of Appearance by Richard Carson Vorhis on behalf of Harold C. Clarke, E. Pearson, A. David Robinson (Vorhis, Richard) (Entered: 01/02/2013)

Rule 45 Notice To The Plaintiff From USCA re 10 Notice of Appeal. (nhall) (Entered: 01/10/2013)

Prisoner Payment: $50.00, receipt number 14683033445. (nhall) (Entered: 01/16/2013)

NOTICE of Appearance by Kate Elizabeth Dwyre on behalf of Harold C. Clarke, E. Pearson, A. David Robinson (Dwyre, Kate) (Entered: 01/25/2013)

ANSWER to Complaint by Harold C. Clarke, E. Pearson, A. David Robinson.(Dwyre, Kate) (Entered: 01/25/2013)

MOTION for Summary Judgment by Harold C. Clarke, E. Pearson, A. David Robinson. (Dwyre, Kate) (Entered: 01/25/2013)

Memorandum in Support re 24 MOTION for Summary Judgment filed by Harold C. Clarke, E. Pearson, A. David Robinson. (Attachments: # 1 Affidavit of Eddie L. Pearson)(Dwyre, Kate) (Entered: 01/25/2013)

1 Affidavit of Eddie L. Pearson

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Motion to appear Pro Hac Vice by Anne Hanson and Certification of Local Counsel Abid R. Qureshi Filing fee $ 75, receipt number 0422-3376106. by Alfredo Prieto. (Qureshi, Abid) (Entered: 01/29/2013)

Motion to appear Pro Hac Vice by Michael Bern and Certification of Local Counsel Abid R. Qureshi Filing fee $ 75, receipt number 0422-3376122. by Alfredo Prieto. (Qureshi, Abid) (Entered: 01/29/2013)

Motion to appear Pro Hac Vice by Katherine Gigliotti and Certification of Local Counsel Abid R. Qureshi Filing fee $ 75, receipt number 0422-3376123. by Alfredo Prieto. (Qureshi, Abid) (Entered: 01/29/2013)

Motion to appear Pro Hac Vice by Daniel Levy and Certification of Local Counsel Abid R. Qureshi Filing fee $ 75, receipt number 0422-3377355. by Alfredo Prieto. (Qureshi, Abid) (Entered: 01/30/2013)

Notice of Hearing Date set for March 1, 2013 re 24 MOTION for Summary Judgment (Dwyre, Kate) (Entered: 01/30/2013)

ORDER granting 26 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/30/13. (nhall) (Entered: 01/31/2013)

ORDER granting 27 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/30/13. (nhall) (Entered: 01/31/2013)

ORDER granting 28 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/30/13. (nhall) (Entered: 01/31/2013)

ORDER granting 29 Motion for Pro hac vice. Signed by District Judge Leonie M. Brinkema on 1/31/13. (nhall) (Entered: 01/31/2013)

NOTICE by Harold C. Clarke, E. Pearson, A. David Robinson re 25 Memorandum in Support (Attachments: # 1 Affidavit Eddie L. Pearson)(Dwyre, Kate) (Entered: 02/01/2013)

1 Affidavit Eddie L. Pearson

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Prisoner Payment: $ 33.50, receipt number 14683033796. (nhall) (Entered: 02/04/2013)

MOTION to Redact re 1 Complaint, (Unopposed) by Alfredo Prieto. (Qureshi, Abid) (Entered: 02/05/2013)

Memorandum in Support re 37 MOTION to Redact re 1 Complaint, (Unopposed) filed by Alfredo Prieto. (Qureshi, Abid) (Entered: 02/05/2013)

ORDER of USCA as to 10 Notice of Appeal filed by Alfredo Prieto. The court dismisses this proceeding for failure to prosecute pursuant to Local Rule 45. (nhall) (Entered: 02/08/2013)

USCA Mandate re 10 Notice of Appeal. This court's order dismissing this appeal pursuant to Local Rule 45 takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (nhall) (Entered: 02/08/2013)

ORDER, it is ORDERED, ADJUDGED AND DECREED as follows: For the reasons set forth in the accompanying supporting Memorandum, Plaintiff's Unopposed Motion {Dkt. No 37] for an Order allowing Plaintiff to redact the personal information of his family from the record in the above-captioned matter is granted and Plaintiff is directed to refile his Complaint with the aforementioned information redacted by Friday, February 15, 2013, and it is further ORDERED that the unredacted complaint and attachments be sealed immediately. Signed by District Judge Leonie M. Brinkema on 2/7/13. (nhall) (Entered: 02/08/2013)

Memorandum in Opposition re 24 MOTION for Summary Judgment and Requesting Discovery Pursuant to Fed. R. Civ. P. 56(d) filed by Alfredo Prieto. (Attachments: # 1 Declaration of Michael Bern, # 2 Declaration of Alfredo Prieto)(Qureshi, Abid) (Entered: 02/08/2013)

1 Declaration of Michael Bern

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2 Declaration of Alfredo Prieto

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REDACTED COMPLAINT against Harold C. Clarke, E. Pearson, A. David Robinson, filed by Alfredo Prieto. (Attachments: # 1 Attachment 1 Part 1, # 2 Attachment 1 Part 2, # 3 Attachment 2, # 4 Certificate of Service, # 5 Letter, # 6 Report, # 7 Letter, # 8 Envelope)(nhall) (Entered: 02/20/2013)

1 Attachment 1 Part 1

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2 Attachment 1 Part 2

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3 Attachment 2

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4 Certificate of Service

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5 Letter

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6 Report

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7 Letter

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8 Envelope

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ORDER denying without prejudice 24 Motion for Summary Judgment; that a Scheduling Order be issued forthwith. Signed by District Judge Leonie M. Brinkema on 2/20/2013. (rban, ) (Entered: 02/20/2013)

SCHEDULING ORDER:Initial Pretrial Conference set for 3/6/2013 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 7/18/2013 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. Discovery due by 7/12/2013. Signed by District Judge Leonie M. Brinkema on 2/20/2013. (Attachments: # 1 Magistrate Consent, # 2 Pretrial Notice)(rban, ) (Entered: 02/20/2013)

1 Magistrate Consent

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2 Pretrial Notice

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Discovery Plan by Harold C. Clarke, E. Pearson, Alfredo Prieto, A. David Robinson.(Qureshi, Abid) (Entered: 02/27/2013)

Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Proposed Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the court. (See Order For Details). Signed by Magistrate Judge Ivan D. Davis on 2/28/13. (nhall) (Entered: 03/01/2013)

Prisoner Payment: $ 10.00, receipt number 14683034442. (nhall) (Entered: 03/04/2013)

PLRA Filing fee received: $ 10.80, receipt number 14683035021. (rban, ) (Entered: 03/26/2013)

PRISONER PAYMENT: $ 10.80, receipt number 14683035747 (pmil) (Entered: 04/30/2013)

MOTION to Compel Photography During Inspection by Alfredo Prieto. (Attachments: # 1 Proposed Order)(Qureshi, Abid) (Entered: 05/03/2013)

1 Proposed Order

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Memorandum in Support re 51 MOTION to Compel Photography During Inspection filed by Alfredo Prieto. (Attachments: # 1 Declaration of Katherine Gigliotti, # 2 Exhibit A-1 to Gigliotti Declaration, # 3 Exhibit A-2 to Gigliotti Declaration, # 4 Exhibit A-3 to Gigliotti Declaration, # 5 Exhibit A-4 to Gigliotti Declaration, # 6 Exhibit A-5 to Gigliotti Declaration, # 7 Exhibit A-6 to Gigliotti Declaration, # 8 Exhibit A-7 to Gigliotti Declaration, # 9 Exhibit A-8 to Gigliotti Declaration, # 10 Exhibit A-9 to Gigliotti Declaration)(Qureshi, Abid) (Entered: 05/03/2013)

1 Declaration of Katherine Gigliotti

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2 Exhibit A-1 to Gigliotti Declaration

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3 Exhibit A-2 to Gigliotti Declaration

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4 Exhibit A-3 to Gigliotti Declaration

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5 Exhibit A-4 to Gigliotti Declaration

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6 Exhibit A-5 to Gigliotti Declaration

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7 Exhibit A-6 to Gigliotti Declaration

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8 Exhibit A-7 to Gigliotti Declaration

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9 Exhibit A-8 to Gigliotti Declaration

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10 Exhibit A-9 to Gigliotti Declaration

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Notice of Hearing Date set for 5/10/2013 re 51 MOTION to Compel Photography During Inspection (Qureshi, Abid) (Entered: 05/03/2013)

Reply to Motion re 51 MOTION to Compel Photography During Inspection filed by Harold C. Clarke, E. Pearson, A. David Robinson. (Dwyre, Kate) (Entered: 05/06/2013)

REPLY to Response to Motion re 51 MOTION to Compel Photography During Inspection filed by Alfredo Prieto. (Qureshi, Abid) (Entered: 05/07/2013)

Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 5/10/2013. Appearance of counsel. Pltf's 51 MOTION to Compel Photography During Inspection is argued and GRANTED. Pltf exhibit #1 booklet filed in open court.(order to follow) (Court Reporter A. Thomson.)(yguy) Modified on 5/10/2013 (yguy). (Entered: 05/10/2013)

ORDER: For the reasons stated in open court, it is hereby ORDERED that the plaintiff's Motion to Compel Photography During Inspection [Dkt. No. 51] be and is GRANTED. Signed by District Judge Leonie M. Brinkema on 5/10/13. (yguy) (Entered: 05/10/2013)

TRANSCRIPT of proceedings held on 5/10/2013, before Judge Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/10/2013. Redacted Transcript Deadline set for 7/11/2013. Release of Transcript Restriction set for 8/9/2013.(thomson, anneliese) (Entered: 05/11/2013)

Prisoner Payment: $ 10.80, receipt number 14683036246. (nhall) (Entered: 05/22/2013)

Prisoner Payment: $20.80, receipt number 14683036944. (nhall) (Entered: 06/24/2013)

Joint MOTION for Protective Order Containing a Provision for Filing Documents Under Seal by Alfredo Prieto. (Attachments: # 1 Exhibit 1 - Proposed Protective Order)(Qureshi, Abid) (Entered: 07/12/2013)

1 Exhibit 1 - Proposed Protective Order

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Memorandum in Support re 61 Joint MOTION for Protective Order Containing a Provision for Filing Documents Under Seal filed by Alfredo Prieto. (Attachments: # 1 Exhibit 1 - Confidentiality Agreement)(Qureshi, Abid) (Entered: 07/12/2013)

1 Exhibit 1 - Confidentiality Agreement

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NOTICE by Alfredo Prieto re 61 Joint MOTION for Protective Order Containing a Provision for Filing Documents Under Seal of Waiver of Oral Argument (Qureshi, Abid) (Entered: 07/15/2013)

PROTECTIVE ORDER re: handling and labeling of confidential material. (See Order For Details). Signed by District Judge Leonie M. Brinkema on 7/16/13. (nhall) (Entered: 07/18/2013)

Exhibit List by Harold C. Clarke, E. Pearson, A. David Robinson.. (Attachments: # 1 Operating Procedure Number 830.2, # 2 Department of Corrections SISP Institutional Rules & Regulations)(Dwyre, Kate) (Entered: 07/17/2013)

1 Operating Procedure Number 830.2

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2 Department of Corrections SISP Institutional Rules & Regulations

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Witness List by Harold C. Clarke, E. Pearson, A. David Robinson. (Dwyre, Kate) (Entered: 07/17/2013)

Statement of Undisputed Facts by Harold C. Clarke, E. Pearson, A. David Robinson. (Dwyre, Kate) (Entered: 07/17/2013)

MOTION to Seal Information Designated as Confidential by Alfredo Prieto. (Attachments: # 1 Proposed Order)(Qureshi, Abid) (Entered: 07/17/2013)

1 Proposed Order

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Memorandum in Support re 67 MOTION to Seal Information Designated as Confidential filed by Alfredo Prieto. (Attachments: # 1 Exhibit 1 - Confidentiality Agreement)(Qureshi, Abid) (Entered: 07/17/2013)

1 Exhibit 1 - Confidentiality Agreement

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Rule 26 Disclosure by Alfredo Prieto. (Attachments: # 1 Exhibit A - Exhibit List, # 2 Exhibit B - Witness List, # 3 Exhibit C - Statement of Uncontested Facts (Submitted for Filing Under Seal))(Qureshi, Abid) (Entered: 07/17/2013)

1 Exhibit A - Exhibit List

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2 Exhibit B - Witness List

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3 Exhibit C - Statement of Uncontested Facts (Submitted for Filing Under Seal)

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ORDER. It is therefore, ORDERED that Plaintiff's Motion, and the same hereby is, GRANTED; and it is further ORDERED that the designated information shall be SEALED pursuant to Local Civil Rule 5 and shall remained SEALED until further Order of the Court. (See Order For Details). Signed by District Judge Leonie M. Brinkema on 7/17/13. (nhall) (Entered: 07/18/2013)

Sealed Document re 69 Rule 26 Disclosure. (nhall) (Entered: 07/18/2013)

Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Final Pretrial Conference held on 7/18/2013. All parties appeared by telephone conference. Exhibits/Witness lists have been filed & exchanged. Trial date not set at this time. Summary Judgment Motion Hearing set for 9/6/2013 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (Court Reporter A. Thomson.)(yguy) (Entered: 07/18/2013)

Sealed Document re 75 Memorandum in Support,,,. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Exhibit 17, # 4 Exhibit 18, # 5 Exhibit 20, # 6 Exhibit 21, # 7 Exhibit 22, # 8 Exhibit 23, # 9 Exhibit 24, # 10 Exhibit 25, # 11 Exhibit 26, # 12 Exhibit 27, # 13 Exhibit 28, # 14 Exhibit 30)(nhall) (Entered: 07/19/2013)

MOTION for Summary Judgment by Alfredo Prieto. (Attachments: # 1 Proposed Order)(Qureshi, Abid) (Entered: 07/18/2013)

1 Proposed Order

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Memorandum in Support re 74 MOTION for Summary Judgment (Redacted) filed by Alfredo Prieto. (Attachments: # 1 Declaration of Daniel Levy, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37)(Qureshi, Abid) (Entered: 07/18/2013)

1 Declaration of Daniel Levy

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Exhibit 18

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20 Exhibit 19

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21 Exhibit 20

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22 Exhibit 21

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23 Exhibit 22

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24 Exhibit 23

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25 Exhibit 24

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26 Exhibit 25

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27 Exhibit 26

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28 Exhibit 27

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29 Exhibit 28

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30 Exhibit 29

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31 Exhibit 30

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32 Exhibit 31

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33 Exhibit 32

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34 Exhibit 33

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35 Exhibit 34

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36 Exhibit 35

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37 Exhibit 36

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38 Exhibit 37

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Notice of Hearing Date re 74 MOTION for Summary Judgment (Qureshi, Abid) (Entered: 07/18/2013)

Redacted Document to 71 Sealed Document (Exhibit C to Rule 26(a)(3) Disclosures) by Alfredo Prieto. (Qureshi, Abid) (Entered: 07/19/2013)

MOTION for Summary Judgment by Harold C. Clarke, E. Pearson, A. David Robinson. (Dwyre, Kate) (Entered: 07/26/2013)

Memorandum in Support re 79 MOTION for Summary Judgment filed by Harold C. Clarke, E. Pearson, A. David Robinson. (Attachments: # 1 Exhibit 1 - Affidavit of Keith W. Davis, # 2 Exhibit 2 - Excerpts from the deposition of Harold W. Clarke, # 3 Exhibit 3 - Excerpts from the deposition of A. David Robinson, # 4 Exhibit 4 - Excerpts from the deposition of Keith Davis)(Dwyre, Kate) (Entered: 07/26/2013)

1 Exhibit 1 - Affidavit of Keith W. Davis

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2 Exhibit 2 - Excerpts from the deposition of Harold W. Clarke

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3 Exhibit 3 - Excerpts from the deposition of A. David Robinson

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4 Exhibit 4 - Excerpts from the deposition of Keith Davis

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RESPONSE to Motion re 74 MOTION for Summary Judgment filed by Harold C. Clarke, E. Pearson, A. David Robinson. (Attachments: # 1 Exhibit 1 - Affidavit of Keith W. Davis, # 2 Exhibit 2 - Deposition Excerpts of Harold W. Clarke, # 3 Exhibit 3 -Deposition Excerpts of Arnold David Robinson, # 4 Exhibit 4 - Deposition Excerpts of Keith Davis, # 5 Exhibit 5 - Deposition Excerpts of James Parks)(Dwyre, Kate) (Entered: 08/01/2013)

1 Exhibit 1 - Affidavit of Keith W. Davis

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2 Exhibit 2 - Deposition Excerpts of Harold W. Clarke

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3 Exhibit 3 -Deposition Excerpts of Arnold David Robinson

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4 Exhibit 4 - Deposition Excerpts of Keith Davis

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5 Exhibit 5 - Deposition Excerpts of James Parks

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REPLY to Response to Motion re 74 MOTION for Summary Judgment filed by Alfredo Prieto. (Attachments: # 1 Declaration of Daniel Levy, # 2 Exhibit 38, # 3 Exhibit 39, # 4 Exhibit 40, # 5 Exhibit 41, # 6 Exhibit 42)(Qureshi, Abid) (Entered: 08/08/2013)

1 Declaration of Daniel Levy

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2 Exhibit 38

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3 Exhibit 39

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4 Exhibit 40

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5 Exhibit 41

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6 Exhibit 42

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RESPONSE in Opposition re 79 MOTION for Summary Judgment filed by Alfredo Prieto. (Attachments: # 1 Declaration of Daniel Levy, # 2 Exhibit 43, # 3 Exhibit 44, # 4 Exhibit 45, # 5 Exhibit 46, # 6 Exhibit 47, # 7 Exhibit 48, # 8 Exhibit 49, # 9 Exhibit 50, # 10 Exhibit 51)(Qureshi, Abid) (Entered: 08/09/2013)

1 Declaration of Daniel Levy

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2 Exhibit 43

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3 Exhibit 44

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4 Exhibit 45

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5 Exhibit 46

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6 Exhibit 47

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7 Exhibit 48

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8 Exhibit 49

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9 Exhibit 50

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10 Exhibit 51

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Sealed Document EXHIBIT 51 re 83 Response in Opposition to Motion,. (klau, ) (Entered: 08/12/2013)

Reply to 83 Response in Opposition to Motion, filed by Harold C. Clarke, E. Pearson, A. David Robinson. (Vorhis, Richard) (Entered: 08/12/2013)

Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held on 9/6/2013. Appearance of counsel. Pltf's 74 MOTION for Summary Judgment and defts' 79 MOTION for Summary Judgment were argued and TAKEN UNDER ADVISEMENT. (Court Reporter A. Thomson.)(yguy) (Entered: 09/06/2013)

NOTICE by Alfredo Prieto of Filing Deposition Transcripts (Attachments: # 1 Exhibit A - Deposition of Harold W. Clarke, # 2 Exhibit B - Deposition of James Parks)(Qureshi, Abid) (Entered: 09/06/2013)

1 Exhibit A - Deposition of Harold W. Clarke

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2 Exhibit B - Deposition of James Parks

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Letter for Clarification of Status of Post-Conviction Proceedings. (Qureshi, Abid) (Entered: 09/09/2013)

Letter of Status. (Vorhis, Richard) (Entered: 09/12/2013)

TRANSCRIPT of proceedings held on 9/6/2013, before Judge Brinkema, Court Reporter Anneliese Thomson, Telephone number 703-299-8595. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 10/21/2013. Redacted Transcript Deadline set for 11/20/2013. Release of Transcript Restriction set for 12/19/2013.(thomson, anneliese) (Entered: 09/20/2013)

MEMORANDUM OPINION re: 74 MOTION for Summary Judgment by Alfredo Prieto, 79 MOTION for Summary Judgment by Harold C. Clarke, E. Pearson, A. David Robinson. (See Memorandum Opinion For Details). Signed by District Judge Leonie M. Brinkema on 11/12/13. (nhall) (Entered: 11/13/2013)

ORDER for the reasons stated in the accompanying Memorandum Opinion, granting 74 Motion for Summary Judgment; denying 79 Motion for Summary Judgment and it is hereby ORDERED that judgment be ans is entered in favor of plaintiff. (See Order For Details). Signed by District Judge Leonie M. Brinkema on 11/12/13. (nhall) (Entered: 11/13/2013)

CLERK'S JUDGMENT in favor of the Plaintiff, Alfredo Prieto and against the Defendants, Harold C. Clarke, A. David Robinson and E. Pearson. (Entered by Clerk pursuant to FRCP 58). (nhall) (Entered: 11/13/2013)

MOTION for Attorney Fees by Alfredo Prieto. (Attachments: # 1 Proposed Order)(Qureshi, Abid) (Entered: 11/25/2013)

1 Proposed Order

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Memorandum in Support re 94 MOTION for Attorney Fees filed by Alfredo Prieto. (Attachments: # 1 Declaration of Abid Qureshi, # 2 Attachemnt 1 to Declaration of Abid Qureshi, # 3 Attachemnt 2 to Declaration of Abid Qureshi, # 4 Attachemnt 3 to Declaration of Abid Qureshi)(Qureshi, Abid) (Entered: 11/25/2013)

1 Declaration of Abid Qureshi

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2 Attachemnt 1 to Declaration of Abid Qureshi

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3 Attachemnt 2 to Declaration of Abid Qureshi

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4 Attachemnt 3 to Declaration of Abid Qureshi

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Notice of Hearing Date set for 12/20/2013 re 94 MOTION for Attorney Fees (Qureshi, Abid) (Entered: 11/25/2013)

ORDER. Accordingly, it is hereby ORDERED that the hearing on plaintiff's Petition for Attorneys' Fees and Costs [Dkt. No. 94] be and is advanced to 10:00 a.m. on Thursday, December 19, 2013. (See Order For Details). Reset Deadlines as to 94 MOTION for Attorney Fees. Motion Hearing set for 12/19/2013 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 11/26/13. (nhall) (Entered: 11/27/2013)

Response to 94 MOTION for Attorney Fees filed by Harold C. Clarke, E. Pearson, A. David Robinson. (Dwyre, Kate) (Entered: 12/12/2013)

NOTICE OF APPEAL as to 91 Memorandum Opinion, 92 Order on Motion for Summary Judgment, by Harold C. Clarke, E. Pearson, A. David Robinson. Filing fee $ 505, receipt number 14683040680. (Attachments: # 1 Receipt)(nhall) (Additional attachment(s) added on 12/18/2013: # 2 Letter, # 3 Letter) (nhall). (Entered: 12/18/2013)

1 Receipt

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ORDER granting 94 Motion for Attorney Fees, and it is hereby ORDERED that plaintiff is entitled to attorneys' fees in the amount of $151,734.39 and costs in the amount of $13,661.60 for a total award of $165,395.99; and it is further ORDERED that the hearing scheduled for Thursday, December 19, 2013, be and is CANCELLED. (See Order For Details). Signed by District Judge Leonie M. Brinkema on 12/13/13. (nhall) (Entered: 12/16/2013)