Case: Blakely v. City of Laurel Clerk Office

Blakely v. Evans

U.S. Court of Appeals for the Fifth Circuit

COMPLAINT against Deidra J. Bassi, Barbara Brumfield-Pruitt, City of Laurel Clerk Office, Jacqueline Darby, Jacqueline "Chip" Evans, Charlotte Gibbs-Williams, Belinda Lassiter, Terri M. Smith, filed by Harold J. Blakely. (Attachments: # 1 Exhibit Documents from the City of Laurel, # 2 Civil Cover Sheet)(ALJ) (Entered: 04/08/2013)

1 Exhibit Documents from the City of Laurel

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2 Civil Cover Sheet

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*RESTRICTED* MOTION for Leave to Proceed in forma pauperis by Harold J. Blakely (ALJ) (Entered: 04/08/2013)

MOTION for Expedited Hearing by Harold J. Blakely (ALJ) (Entered: 04/08/2013)

ORDER *RESTRICTED* granting 2 Motion for Leave to Proceed in forma pauperis Signed by Magistrate Judge Michael T. Parker on 4/9/2013 (KW) (Entered: 04/09/2013)

Remark Order 4 dated 4/9/2013 forwarded to pro se plaintiff via regular mail. (KW)

ORDER FOR PLAINTIFF TO APPEAR BEFORE THE COURT. Plaintiff shall appear before the Court on WEDNESDAY, APRIL 17, 2013, AT 10:00 A.M. in Courtroom 1, Colmer Federal Building, Hattiesburg. Plaintiff should be prepared to provide a complete precise statement of every claim asserted against each Defendant and how he intends to prove those claims. Signed by District Judge Keith Starrett on April 10, 2013 (dsl) (Entered: 04/10/2013)

Remark: Plaintiff was mailed a copy of the Order 5 entered this date via regular mail, at his mailing address of 259 S. 4th Avenue, Laurel, Mississippi 39440 (dsl)

MOTION for Service of Process by Harold J. Blakely (ALJ) (Entered: 04/12/2013)

Minute Entry for proceedings held before District Judge Keith Starrett: Hearing at the request of the Court held on 4/17/2013. After hearing testimony from the Pro Se Plaintiff, Harold J. Blakely, the Court determined that process should issue for Jacqueline "Chip" Evans, Jacqueline Darby, Belinda Lassiter, Barbara Brumfield-Pruitt, and Charlotte Gibbs-Williams. The Court also held that the City of Laurel Clerk, Mary Ann Hess, the Deputy Clerk Registrar, Terri M. Smith, and Deidra J. Bassi should be dismissed from this complaint. A written Order shall follow. Participants: Pro Se Plaintiff Harold J. Blakely. (Court Reporter Fred Jeske 601-583-4383) (dsl)

Response to Order re 5 ORDER FOR PLAINTIFF TO APPEAR BEFORE THE COURT. Plaintiff shall appear before the Court on WEDNESDAY, APRIL 17, 2013, AT 10:00 A.M. in Courtroom 1, Colmer Federal Building, Hattiesburg. Plaintiff should be prepared to provide a complete precise statement of every claim asserted against each Defendant and how he intends to prove those claims. Signed by District Judge Keith Starrett on April 10, 2013 filed by Harold J. Blakely (Attachments: # 1 Exhibit Documents from City of Laurel and Jones County)(ALJ) (Entered: 04/17/2013)

MOTION for Preliminary Injunction by Harold J. Blakely (ALJ) (Entered: 04/17/2013)

ORDER, The Clerk is directed to issue summons for the defendants listed. Signed by District Judge Keith Starrett on 4/18/2013 (ALJ) (Entered: 04/18/2013)

ORDER Placing Documents Relative to Prior Convictions into the Record. Signed by District Judge Keith Starrett on April 18, 2013 (Attachments: # 1 Supplement Restoration of Rights, # 2 Supplement Expungements)(dsl) (Entered: 04/18/2013)

Summons Issued as to Barbara Brumfield-Pruitt, Jacqueline Darby, Jacqueline "Chip" Evans, Charlotte Gibbs-Williams, Belinda Lassiter. (ALJ) (Entered: 04/18/2013)

SUMMONS Returned Executed Barbara Brumfield-Pruitt served on 4/18/2013, answer due 5/9/2013; Jacqueline Darby served on 4/18/2013, answer due 5/9/2013; Charlotte Gibbs-Williams served on 4/18/2013, answer due 5/9/2013; Belinda Lassiter served on 4/18/2013, answer due 5/9/2013. (ALJ) (Entered: 04/19/2013)

SUMMONS Returned Executed by Harold J. Blakely Jacqueline "Chip" Evans served on 4/19/2013, answer due 5/10/2013. (ALJ) (Entered: 04/22/2013)

MOTION for Discovery by Harold J. Blakely (ALJ) (Entered: 04/22/2013)

ORDER granting a hearing on Plaintiff's 8 Motion for Preliminary Injunction. A hearing to consider Plaintiff's Motion for preliminary Injunction shall be held on Monday, April 29, 2013, at 2:00 p.m., at the Colmer Federal Building, Courtroom 1, Hattiesburg, Judge Keith Starrett presiding. The Court will not consider a continuance of this hearing. Signed by District Judge Keith Starrett on April 23, 2013 (dsl) Modified on 4/23/2013 (dsl). (Entered: 04/23/2013)

DOCKET ANNOTATION as to #15. The preceeding docket text only was modified to clarify that the Court granted a hearing on Plaintiff's 8 Motion for Preliminary Injunction.(dsl) Modified on 4/23/2013 (dsl).

Remark: A copy of Document 15 was mailed to plaintiff via Fist Class mail at his regular mailing address. (scp)

MOTION for Reconsideration by Harold J. Blakely (Attachments: # 1 Exhibit Voter Application)(ALJ) (Entered: 04/24/2013)

1 Exhibit Voter Application

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Response titled Notice to the Court re 15 ORDER granting a hearing on Plaintiff's 8 Motion for Preliminary Injunction filed by Harold J. Blakely. (DM) (Entered: 04/29/2013)

Minute Entry for proceedings held before District Judge Keith Starrett: Motion Hearing held on 4/29/2013 re 8 MOTION for Preliminary Injunction filed by Harold J. Blakely. After hearing argument from Pro Se Plaintiff Blakely, argument from Deidra Bass, attorney for Defendants, reviewing exhibits, and case law, the Court found that the Plaintiff has three felony convictions and that this suit should be fully and finally dismissed with prejudice and that all pending motions should be denied as moot. PARTICIPANTS: Harold J. Blakely, pro se Plaintiff; Deidra J. Bassi on behalf of the Defendants. (Court Reporter Fred Jeske 601-583-4383) (dsl)

Plaintiff's Exhibit List From Hearing Held April 29, 2013. (Attachments: # 1 Exhibit P-1, # 2 Exhibit P-2, # 3 Exhibit P-3, # 4 Exhibit P-4, # 5 Exhibit P-5, # 6 Exhibit P-6, # 7 Exhibit P-7, # 8 Exhibit P-8, # 9 Exhibit P-9, # 10 Exhibit P-10, # 11 Exhibit P-11, # 12 Exhibit P-12, # 13 Exhibit P-13, # 14 Exhibit P-14)(dsl) (Entered: 04/30/2013)

Defendant's Exhibit List from hearing held April 29, 2013. (Attachments: # 1 Exhibit D-1)(dsl) (Entered: 04/30/2013)

Remark: Plaintiff's original absentee ballot (exhibit P-5 to hearing held April 29, 2013) and Plaintiff's original Juror's Handbook (exhibit P-13 to hearing held April 29, 2013) were returned to Plaintiff at his request via regular mail on this date. (dsl)

ORDER finding as moot 3 Motion for Hearing; denying 8 Motion for Preliminary Injunction; finding as moot 14 Motion for Discovery; finding as moot 16 Motion for Reconsideration. Further, sanctions in the amount of $5,000 are assessed against the Plaintiff, said amount to be paid to the individual Defendants herein for attorney's fees, together with all costs herein, said sum to be paid on or before June 15, 2013. Plaintiff's Complaint is dismissed with prejudice. A separate Judgment will be entered. Signed by District Judge Keith Starrett on 4/30/13

JUDGMENT: This matter is dismissed with prejudice and that Judgment for sanctions in the amount of $5,000 is rendered against Harold J. Blakely and that Harold J. Blakely is assessed with all costs herein. Signed by District Judge Keith Starrett on April 30, 2013. (DM) (Entered: 05/01/2013)

MOTION to the Court Defendants Attorney Conflict of Interest by Harold J. Blakely. (Attachments: # 1 Exhibit 1-Correspondence from the City of Laurel, MS, # 2 Exhibit 2-Jones County Circuit Court Docket Sheet) (DM) (Entered: 05/01/2013)

MOTION to the Court Primary Election Duties of Defendants Pursuant to §23-15-266, Miss. Code Ann. (1972), by Harold J. Blakely. (Attachments: # 1 Exhibit 1-Municipal Elections 2013)(DM) (Entered: 05/01/2013)

MOTION for Reconsideration titled Amended §23-15-266 to Motion Court for Reconsideration re 21 Judgment, by Harold J. Blakely. (Attachments: # 1 Exhibit 1-Pages 48-49 of the Municipal Election Handbook)(DM) (Entered: 05/01/2013)

ORDER denying 22 "Motion to the Court Defendants Attorney Conflict of Interest". Signed by District Judge Keith Starrett on 5/2/13 (scp) (Entered: 05/02/2013)

ORDER denying 23 "Motion to the Court Primary Election Duties of Defendants". Signed by District Judge Keith Starrett on 5/2/13 (scp) (Entered: 05/02/2013)

ORDER denying 24 Motion for Reconsideration. Signed by District Judge Keith Starrett on 5/2/13 (scp) (Entered: 05/02/2013)

Remark: Copies of Orders 25, 26, and 27 mailed to pro se plaintiff by United States Mail at the address listed on the docket sheet. (scp)

NOTICE OF APPEAL as to 21 Judgment, by Harold J. Blakely. (ALJ) (Entered: 05/29/2013)

MOTION for Leave to Appeal in forma pauperis by Harold J. Blakely (ALJ) (Entered: 05/29/2013)

ORDER denying Plaintiff's 29 Motion for Leave to Appeal in forma pauperis. Signed by District Judge Keith Starrett on May 30, 2013 (dsl) (Entered: 05/30/2013)

Remark: A copy of the Order Denying IFP on Appeal 30 was mailed to Pro Se Plaintiff via regular mail on this date. (dsl)

MOTION for Reconsideration re 30 Order on Motion for Leave to Appeal in forma pauperis by Harold J. Blakely (Attachments: # 1 Exhibit A Order 4/9/2013, # 2 Exhibit B Order 4/10/2013, # 3 Exhibit C Order 4/18/2013)(ALJ) (Entered: 06/06/2013)

1 Exhibit A Order 4/9/2013

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2 Exhibit B Order 4/10/2013

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3 Exhibit C Order 4/18/2013

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Supplement to MOTION for Reconsideration re 31 MOTION for Reconsideration re 30 Order on Motion for Leave to Appeal in forma pauperis by Harold J. Blakely (ALJ) (Entered: 06/10/2013)

MOTION for Reconsideration by Harold J. Blakely (Attachments: # 1 Exhibit A Order, # 2 Exhibit B Order)(ALJ) (Entered: 06/11/2013)

ORDER denying Plaintiff's 31 Motion for Reconsideration ; denying Plaintiff's 32 Supplement to Motion for Reconsideration. Signed by District Judge Keith Starrett on June 12, 2013 (dsl) (Entered: 06/12/2013)

ORDER denying Plaintiff's 33 Motion for Reconsideration. Signed by District Judge Keith Starrett on June 12, 2013 (dsl) (Entered: 06/12/2013)

MOTION Requesting Transcript at Government Expense by Harold J. Blakely (ALJ) (Entered: 06/24/2013)

ORDER denying Plaintiff's 36 Motion Requesting Transcript at Government Expense. Signed by District Judge Keith Starrett on July 3, 2013 (dsl) (Entered: 07/03/2013)

Appeal Remark re 28 Notice of Appeal : Fifth Circuit notified that case is certified for appeal purposes. (ALJ)

Transmitted Record on Appeal to US Court of Appeals re 28 Notice of Appeal (ALJ) (Entered: 08/26/2013)

NOTICE of Appearance by Deidra J. Bassi on behalf of All Defendants (Bassi, Deidra) (Entered: 08/27/2013)

Appeal Remark re 28 Notice of Appeal : Copy of Appeal Record sent to Deidra Bassi. 1 volume (ALJ)

Appeal Remark re 28 Notice of Appeal : 1 envelope of restricted documents mailed to the Fifth Circuit (ALJ) (Entered: 09/11/2013)

Appeal Remark re 28 Notice of Appeal : Transmittal returned, stamped received 8/29/13 (ALJ) (Entered: 09/16/2013)

Appeal Remark re 28 Notice of Appeal : Transmittal letter returned stamped received 9/13/2013. (ALJ) (Entered: 10/15/2013)

Appeal Record Returned: Appeal Record returned by Deidra Bassi. 1 volume. (DM)

Copy of Opinion - USCA re 28 Notice of Appeal: Issued as a Mandate. Appellant's motion to proceed ifp is denied. (DM) (Entered: 07/23/2014)

CERTIFIED COPY OF USCA JUDGMENT/MANDATE as to 28 Notice of Appeal filed by Harold J. Blakely: Issued as a Mandate. Appellant's appeal is dismissed as frivolous. (DM) (Entered: 07/23/2014)

Appeal Record Returned: Sealed Exhibits consisting of 1 envelope (Doc. 2 & 4) (DM)

MOTION to Enforce Judgment by Deidra J. Bassi, Barbara Brumfield-Pruitt, City of Laurel Clerk Office, Jacqueline Darby, Jacqueline "Chip" Evans, Charlotte Gibbs-Williams, Belinda Lassiter (Attachments: # 1 Exhibit A - Order dated April 30, 2013, # 2 Exhibit B - Judgment dated June 30, 2014)(Bassi, Deidra) (Entered: 08/14/2014)

1 Exhibit A - Order dated April 30, 2013

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2 Exhibit B - Judgment dated June 30, 2014

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ORDER Setting Deadlines and Dates for Response/Rebuttal to Defendants' Motion to Enforce 45 the Court's Previous Order 20 and Judgment 21 . Plaintiff's response to said motion is due on or before September 2, 2014. Defendants' Rebuttal, if desired, is due on or before September 12, 2014. Signed by District Judge Keith Starrett on August 15, 2014 (dsl) (Entered: 08/15/2014)

Remark: A copy of Order 46 mailed to Pro Se Plaintiff via regular mail on August 18, 2014, at his mailing address of 259 S. 4th Avenue, Laurel, Mississippi 39440. (dsl)

DOCKET ANNOTATION as to Doc. 45 : Pursuant to Fed.R.Cr.P. Rule 49(d) and Fed.R.Civ.P. Rule 84, appendix form 2 states that date, signature, address, e-mail address and telephone number are used at the conclusion of pleadings and other papers that require a signature. Document is undated, but the date will be construed as the date of electronic filing. Attorney is advised to follow this rule in future filings. ADDITIONALLY, incorrect division listed. The correct division is Eastern. Attorney is advised to use new division name in future filings.(DM)

RESPONSE in Opposition titled "Motion to Objection Enforce Court Sanction Order" re 45 MOTION to Enforce Judgment filed by Harold J. Blakely. (Attachments: # 1 Exhibit A-Mississippi Attorney General Opinions, # 2 Exhibit B-MS Attorney General's Office Computer Generated Opinion Database)(DM) (Entered: 08/29/2014)

1 Exhibit A-Mississippi Attorney General Opinions

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2 Exhibit B-MS Attorney General's Office Computer Generated Opinion Database

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REPLY to Response to Motion re 45 MOTION to Enforce Judgment filed by Barbara Brumfield-Pruitt, City of Laurel Clerk Office, Jacqueline Darby, Jacqueline "Chip" Evans, Charlotte Gibbs-Williams, Belinda Lassiter, Terri M. Smith (Bassi, Deidra) (Entered: 09/08/2014)

ORDER granting 45 Motion to Enforce Judgment. Signed by District Judge Keith Starrett on 9/8/2014 (scp) (Entered: 09/08/2014)

Remark - -Copy of Order 49 forwarded to plaintiff Harold J. Blakely by United States Mail at the address listed on the docket sheet. (scp)

ORDER OF RECUSAL. District Judge Keith Starrett, Magistrate Judge Michael T. Parker recused. Case reassigned to District Judge Halil S. Ozerden and Magistrate Judge John C. Gargiulo for all further proceedings. Signed by District Judge Keith Starrett on October 9, 2014. (DM) (Entered: 10/09/2014)