Case: Hayden v. Keller

Hayden v. Butler

Hayden v. Keller et al

Hayden v. Butler

U.S. Court of Appeals for the Fourth Circuit

Hayden v. Fowler

U.S. Court of Appeals for the Fourth Circuit

Juvenile Sentencing Project

COMPLAINT against Alvin W. Keller, Robert C. Lewis, Anthony E. Rand, filed by Shaun Antonio Hayden. (Attachments: # 1 Exhibits, # 2 Envelope) (Indig, A.) (Entered: 07/15/2010)

MOTION for Leave to Proceed in forma pauperis by Shaun Antonio Hayden. (Indig, A.) (Entered: 07/15/2010)

ORDER Directing Monthly Payments be made from Prison Account of Shaun Antonio Hayden. Signed by Clerk of Court on 7/15/2010. (Indig, A.) (Entered: 07/15/2010)

Filing Fee Received

Filing fee: $ 18.00, receipt number RAL016303. (McDowell, G.)

Filing Fee Received

Filing fee: $ 5.00, receipt number RAL018240. (Indig, A.)

ORDER - the clerk is DIRECTED to provide the 28 U.S.C. § 2241 form along with this order to plaintiff. If plaintiff wishes to convert this action into a habeas action, he must provide the $5.00 filing fee and return the § 2241 forms within 21 days of the filing of this order. Signed by District Judge Terrence W. Boyle on 4/12/2011. (Indig, A.) (Entered: 04/13/2011)

RESPONSE to Order re 4 Order, filed by Shaun Antonio Hayden. (Attachments: # 1 Documents in Support, # 2 Documents in Support, # 3 Envelope) (Taylor, B.) (Entered: 05/05/2011)

Filing Fee Received

Filing fee: $ 15.00, receipt number RAL019292. (McDowell, G.)

Filing Fee Received

Filing fee: $ 5.00, receipt number RAL020384. (Indig, A.)

NOTICE of Change of Address by Shaun Antonio Hayden. (Attachment: # 1 Envelope) (Indig, A.) (Entered: 07/27/2011)

Filing Fee Received

Filing fee: $ 5.00, receipt number RAL022206. (McDowell, G.)

ORDER - the filing fee order 3 requiring $350.00 is VACATED and the monies collected, with the exception ofthe $5.00 filing fee for this case, shall be returned to plaintiff. Furthermore, this case is dismissed without prejudice, and in its place the Clerk is DIRECTED to open a case in habeas with a filing date of July 15, 2010. The Clerk is to continue management of the action. Signed by District Judge Terrence W. Boyle on 3/9/2012. Copy sent to plaintiff via US Mail. (Indig, A.) (Entered: 03/12/2012)

CLERK'S JUDGMENT - that this action is hereby dismissed without prejudice. Signed by Julie A. Richards, Clerk of Court on 3/13/2012. Copy to plaintiff with notice of appellate rights sent via US Mail. (Indig, A.) (Entered: 03/13/2012)

ORDER - The civil rights action, Hayden v. Keller, No. 5:10-CT-3123-BO, which had been closed, is re-opened, and all future filings, including the notice of summons filed on September 10, 2013, shall be filed in the § 1983 case. Signed by US District Judge Terrence W. Boyle on 9/10/2013. (McDowell, G.) (Entered: 09/11/2013)

AMENDED COMPLAINT against Paul G. Butler, Jr. filed by Shaun Antonio Hayden. (Attachment: # 1 Proposed Summons) (McDowell, G.) (Entered: 09/11/2013)

Summons Issued as to Paul G. Butler, Jr. (McDowell, G.) (Entered: 09/11/2013)

AFFIDAVIT of Service for Summons & Complaint served on Paul G Butler on 09/12/13, filed by Shaun Antonio Hayden. (Attachments: # 1 Exhibit A -- Proof of Service) (Simpson, Elizabeth) (Entered: 09/16/2013)

NOTICE of Appearance by Mary Sheehan Pollard on behalf of All Plaintiffs. (Pollard, Mary) (Entered: 09/16/2013)

MOTION for Extension of Time to File Answer regarding 10 Amended Complaint by Paul G. Butler, Jr. (Attachments: # 1 Text of Proposed Order) (Harrison, Jodi) (Entered: 10/03/2013)

Proposed Order regarding 14 MOTION for Extension of Time to File Answer regarding 10 Amended Complaint filed by Paul G. Butler, Jr. (Harrison, Jodi) (Entered: 10/09/2013)

ORDER granting 14 Motion for Extension of Time to Answer regarding 10 Amended Complaint Paul G. Butler, Jr. answer due 11/2/2013. Signed by Julie A. Richards, Clerk of Court on 10/15/2013. (Blankenship, T.) (Entered: 10/15/2013)

ANSWER to 10 Amended Complaint by Paul G. Butler, Jr. (Harrison, Jodi) (Entered: 11/04/2013)

Rule 26(f) Report (joint) by Shaun Antonio Hayden. (Simpson, Elizabeth) (Entered: 11/21/2013)

Request for Discovery Stipulation. (McDowell, G.) (Entered: 04/03/2014)

MOTION to Compel by Shaun Antonio Hayden. (Attachments: # 1 Text of Proposed Order) (Simpson, Elizabeth) (Entered: 04/09/2014)

Notice of Deficiency

Memorandum in Support regarding 20 MOTION to Compel filed by Shaun Antonio Hayden. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Simpson, Elizabeth) (Entered: 04/09/2014)

NOTICE OF DEFICIENCY regarding: 20 Motion to Compel. The incorrect case number is listed on the document. For future filings, please use the correct case number. (McDowell, G.)

Motion Submitted

Motion Submitted to District Judge Terrence W. Boyle: 20 MOTION to Compel Discovery. (Indig, A.)

Motion Referred

MOTION REFERRED to Magistrate Judge Robert B. Jones, Jr. as to: 20 MOTION to Compel Discovery. (Indig, A.)

NOTICE by Shaun Antonio Hayden regarding 20 MOTION to Compel, 21 Memorandum in Support. (Pollard, Mary) (Entered: 05/08/2014)

Notice of Deficiency

NOTICE OF DEFICIENCY regarding 22 Notice-(other). The incorrect event was used. Counsel is directed to refile this pleading under the correct event by using the event entitled Withdrawal of Motion. (Blankenship, T.)

WITHDRAWAL of Motion by Shaun Antonio Hayden. regarding 20 MOTION to Compel filed by Shaun Antonio Hayden . (Pollard, Mary) (Entered: 05/08/2014)

STIPULATION OF DISCOVERY by Paul G. Butler, Jr. (Harrison, Jodi) (Entered: 05/08/2014)

SCHEDULING ORDER: Discovery due by 8/21/2014. Motions due by 9/22/2014. Signed by Magistrate Judge Robert B. Jones, Jr. on 5/20/2014. Counsel is reminded to read the entire order for critical dates and deadlines. (Indig, A.) (Entered: 05/20/2014)

Consent MOTION for Extension of Time to Complete Discovery by Shaun Antonio Hayden. (Attachments: # 1 Text of Proposed Order proposed order) (Pollard, Mary) (Entered: 07/21/2014)

Motion Referred

MOTION REFERRED to Magistrate Judge Robert B. Jones, Jr.: 26 Consent MOTION for Extension of Time to Complete Discovery. (Indig, A.)

ORDER - GRANTING 26 Motion for Extension of Time to Complete Discovery. The parties shall have up to and including August 21, 2014 to produce expert reports, and that the discovery period is extended through August 31, 2014. Signed by Magistrate Judge Robert B. Jones, Jr. on 7/22/2014. (Indig, A.) (Entered: 07/22/2014)

Joint MOTION for Extension of Time to File Dispositive Motions by Paul G. Butler, Jr. (Attachments: # 1 Text of Proposed Order) (Harrison, Jodi) (Entered: 09/17/2014)

Motion Referred

Motion referred to US Magistrate Judge Robert B. Jones, Jr. : 28 Joint MOTION for Extension of Time to File Dispositive Motions. (McDowell, G.)

ORDER - granting 28 Motion for Extension of Time; both parties are given until 11/3/2014 in which to file all motions. Signed by US Magistrate Judge Robert B. Jones, Jr. on 9/18/2014. (McDowell, G.) (Entered: 09/18/2014)

MOTION for Summary Judgment by Shaun Antonio Hayden. (Simpson, Elizabeth) (Entered: 11/03/2014)

Notice to Counsel

Memorandum in Support regarding 30 MOTION for Summary Judgment filed by Shaun Antonio Hayden. (Attachments: # 1 Exhibit A - Declaration of Shaun A. Hayden, # 2 Exhibit C - List of NC Parole Commissioners, # 3 Exhibit F - Expert Report of Gilbert Davis) (Simpson, Elizabeth) Modified on 11/3/2014 to correctly identify exhibits. (Indig, A.) (Entered: 11/03/2014)

Motion Referred

PROPOSED SEALED Exhibit (Selected Participants Only)by Shaun Hayden (available to: Defendant Paul G. Butler, Jr, Plaintiff Shaun Antonio Hayden) regarding 31 Memorandum in Support, 30 MOTION for Summary Judgment . (Attachments: # 1 Exhibit B, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit G, # 5 Exhibit H) (Simpson, Elizabeth) (Entered: 11/03/2014)

MOTION to Seal 32 PROPOSED SEALED Exhibit, by Shaun Antonio Hayden. (Attachments: # 1 Text of Proposed Order) (Simpson, Elizabeth) (Entered: 11/03/2014)

NOTICE TO COUNSEL regarding: 31 Memorandum in Support. In accordance with the Administrative Policies and Procedures Manual Section L(2)(b) exhibits must be identified with a clear and complete description of the documents (e.g., Exhibit 1 is insufficient. Affidavit of Jane Doe would meet the requirement.) Docket Entry 31 has been corrected by the court. Counsel should correctly refile Docket Entry 32 following the naming convention requirements. (Indig, A.)

Second MOTION for Extension of Time to File Dispositive Motion by Paul G. Butler, Jr, Alvin W. Keller, Robert C. Lewis, Anthony E. Rand. (Attachments: # 1 Text of Proposed Order) (Harrison, Jodi) (Entered: 11/03/2014)

MOTION REFERRED to Magistrate Judge Robert B. Jones, Jr.: 34 Second MOTION for Extension of Time to File Dispositive Motion. (Indig, A.)

ORDER - GRANTING 34 Motion for Extension of Time. Defendant is given until November 10,2014, in which to file all motions of any nature, except those relating to the admissibility of evidence at trial. Signed by Magistrate Judge Robert B. Jones, Jr. on 11/4/2014. (Indig, A.) (Entered: 11/04/2014)

MOTION for Summary Judgment by Paul G. Butler, Jr., Alvin W. Keller, Robert C. Lewis, Anthony E. Rand. (Attachments: # 1 Exhibit Index, # 2 Exhibit A - Offender Information Report of Plaintiff, # 3 Exhibit B - Indictments, # 4 Exhibit C - Probable Cause Order, # 5 Exhibit D - Judgment & Commitment, # 6 Exhibit E - Newspaper Articles, # 7 Exhibit F - Deposition Excerpt, Stevens, # 8 Exhibit G - Deposition Excerpt, Butler) (Harrison, Jodi) (Entered: 11/10/2014)

Memorandum in Support regarding 36 MOTION for Summary Judgment filed by Paul G. Butler, Jr. (Harrison, Jodi) (Entered: 11/10/2014)

RESPONSE in Opposition regarding 30 MOTION for Summary Judgment filed by Paul G. Butler, Jr. (Harrison, Jodi) (Entered: 11/24/2014)

Response in Opposition regarding 36 Motion for Summary Judgment filed by Shaun Antonio Hayden. (Simpson, Elizabeth) Modified on 12/1/2014 to reflect the correct docket entry and number. (Blankenship, T.) (Entered: 12/01/2014)

Notice to Counsel

REPLY to Response to Motion regarding 30 MOTION for Summary Judgment filed by Shaun Antonio Hayden. (Simpson, Elizabeth) (Entered: 12/01/2014)

Motion Submitted

NOTICE TO COUNSEL - Counsel is reminded that when submitting a pleading in response to a motion, to reflect the link of that particular motion and not the supporting memorandum. (Blankenship, T.)

REPLY to Response to Motion regarding 36 MOTION for Summary Judgment filed by Paul G. Butler, Jr. (Attachments: # 1 Exhibit A - Excerpt from Deposition of Mary Stevens) (Harrison, Jodi) (Entered: 12/01/2014)

Motions Submitted to United States District Judge Terrence W. Boyle regarding 36 MOTION for Summary Judgment, 33 MOTION to Seal 32 PROPOSED SEALED Exhibit and 30 MOTION for Summary Judgment . (Blankenship, T.)

RESPONSE in Opposition regarding 33 MOTION to Seal 32 PROPOSED SEALED Exhibit, filed by Paul G. Butler, Jr. (Harrison, Jodi) (Entered: 12/01/2014)

NOTICE of Hearing on 36 MOTION for Summary Judgment and 30 MOTION for Summary Judgment: Motion Hearing set for 7/29/2015 at 02:00 PM in Raleigh - 7th Floor - Courtroom 2 before US District Judge Terrence W. Boyle. (McDowell, G.) (Entered: 07/01/2015)

Notice of Substitution of Counsel filed by Joseph Finarelli on behalf of Paul G. Butler, Jr substituting for Jodi Harrison. (Finarelli, Joseph) (Entered: 07/17/2015)

WRIT of of Habeas Corpus issued to NC Department of Public Safety to produce Shawn Antonio Hayden on July 29, 2015 at 1:30 p.m. in Raleigh, NC. Signed by US District Judge Terrence W. Boyle. Copies mailed to Division of Prison, Processing Section; the Attorney General of North Carolina, Department of Justice, Raleigh, North Carolina; the Superintendent of Lumberton Correctional Institution; and the United States Marshal, Raleigh, North Carolina. (McDowell, G.) (Entered: 07/21/2015)

Docket Annotation

Copy of Writ has been mailed to Franklin Correctional Institution which is the current location of the plaintiff. (McDowell, G.)

WRIT OF HABEAS CORPUS issued to NC Department of Public Safety to produce Shawn Antonio Hayden on July 29, 2015 at 1:30 p.m. in Raleigh, NC. Signed by US Magistrate Judge Robert B. Jones, Jr. Copies mailed to Division of Prison, Processing Section; the Attorney General of North Carolina, Department of Justice, Raleigh, North Carolina; the Superintendent of Franklin Correctional Center; and the United States Marshal, Raleigh, North Carolina. (Indig, A.) (Entered: 07/22/2015)

NOTICE of Hearing on Motion (Date and Time Change) as to 30 MOTION for Summary Judgment and 36 MOTION for Summary Judgment. Motion Hearing set for 7/27/2015 at 3:00 PM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Indig, A.) (Entered: 07/22/2015)

WRIT OF HABEAS CORPUS issued to NC Department of Public Safety to produce Shawn Antonio Hayden on July 27, 2015 at 2:30 p.m. in Raleigh, NC. Signed by US Magistrate Judge Robert B. Jones, Jr. Copies mailed to Division of Prison, Processing Section; the Attorney General of North Carolina, Department of Justice, Raleigh, North Carolina; the Superintendent of Franklin Correctional Center; and the United States Marshal, Raleigh, North Carolina. (Indig, A.) (Entered: 07/22/2015)

Minute Entry for proceedings held in Raleigh, NC before District Judge Terrence W. Boyle: Motions Hearing held on 7/24/2015. All parties present and ready to proceed. Written order to follow. (Court Reporter Donna Tomawski) (Romine, L.) (Entered: 07/27/2015)

ORDER - As a supplement to the summary judgment materials now before the court, the defendants are ORDERED to provide certain data. Defendants shall provide this information on or before August 7, 2015. Signed by District Judge Terrence W. Boyle on 7/28/2015. (Indig, A.) (Entered: 07/28/2015)

Letter from Shaun Hayden thanking the court for allowing his presence at the hearing. (Attachment: # 1 Envelope) (Indig, A.) (Entered: 07/31/2015)

RESPONSE to Order regarding 50 Order, Set Deadlines,, filed by Paul G. Butler, Jr. (Attachments: # 1 Exhibit Requested Statistical Data) (Finarelli, Joseph) (Entered: 08/04/2015)

ORDER - Plaintiff is allowed until August 18, 2015, to file a supplemental brief to which defendants may respond by August 28, 2015. Signed by District Judge Terrence W. Boyle on 8/6/2015. (Indig, A.) (Entered: 08/06/2015)

Consent MOTION for Extension of Time to file Supplemental Brief filed by Shaun Antonio Hayden. (Attachments: # 1 Text of Proposed Order) (Simpson, Elizabeth) (Entered: 08/07/2015)

Motion Submitted

Motion Submitted to District Judge Terrence W. Boyle: 54 Consent MOTION for Extension of Time to file Supplemental Brief. (Indig, A.)

TEXT ORDER - This matter is before the court on plaintiff's motion for an extension of time to file a supplemental brief [D.E. 54] as ordered on August 6, 2015. Defendant consents to this motion. Good cause being shown, it is hereby ORDERED that the plaintiff be allowed until September 1, 2015, to file a supplemental brief to which defendants may respond by September 10, 2015. Signed by US District Judge Terrence W. Boyle on 8/10/2015. (McDowell, G.) (Entered: 08/10/2015)

RESPONSE to Order regarding 53 Order Re: Supplemental Briefing filed by Shaun Antonio Hayden. (Attachments: # 1 Exhibit A -- New Law) (Simpson, Elizabeth) (Entered: 09/01/2015)

RESPONSE regarding 53 Order, 56 Response filed by Paul G. Butler, Jr. (Finarelli, Joseph) (Entered: 09/09/2015)

ORDER - The court denies defendants' motion for summary judgment [D.E. 36] and grants in part and denies without prejudice in part Hayden's motion for summary judgment [D.E. 30]. Specifically, the court finds that the current North Carolina parole review process for juvenile offenders serving a life sentence violates the Eighth Amendment. The court denies without prejudice Hayden's request for the injunctive relief and gives the parties 60 days to present a plan for the means and mechanism for compliance with the mandates of Graham to provide a meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation to juvenile offenders convicted as adults. DENYING 33 Motion to Seal. Signed by District Judge Terrence W. Boyle on 9/25/2015. (Indig, A.) (Entered: 09/25/2015)

Interlocutory Notice of Appeal filed by Paul G. Butler, Jr, Alvin W. Keller, Robert C. Lewis, Anthony E. Rand as to 58 Order on Motion for Summary Judgment, Order on Motion to Seal,,,,,,,,,,. Filing fee, receipt number 0417-3459816. (Finarelli, Joseph) Modified on 10/21/2015 to add the word Interlocutory. (McDowell, G.). (Entered: 10/21/2015)

Notice of Correction

NOTICE OF CORRECTION regarding: 59 Notice of Appeal. Since a final judgment has not been entered in this case, the Notice of Appeal has been changed to Interlocutory Notice of Appeal. (McDowell, G.)

Transmission of Interlocutory Notice of Appeal and Docket Sheet to US Court of Appeals regarding 59 Interlocutory Notice of Appeal. (McDowell, G.) (Entered: 10/21/2015)

Corrected Transmission of Interlocutory Notice of Appeal and Docket Sheet to US Court of Appeals regarding 59 Interlocutory Notice of Appeal. Correct to show that Appeal Fee has been paid. (McDowell, G.) (Entered: 10/21/2015)

US Court of Appeals Case Number 15-7676 (Jeffrey S. Neal, Case Manager) as to 59 Notice of Appeal Paul G. Butler, Jr. (Indig, A.) (Entered: 10/22/2015)

MOTION to Stay regarding 58 Order on Motion for Summary Judgment, Order on Motion to Seal,,,,,,,,,, filed by Paul G. Butler, Jr. (Attachments: # 1 Text of Proposed Order Proposed Order) (Finarelli, Joseph) (Entered: 11/13/2015)

Motion Submitted