Case: Hope v. Harris

COMPLAINT (42:1983 Prisoner Civil Rights) against All Defendants, filed by Dennis Wayne Hope.(ljw, ) (Entered: 02/20/2018)

Order Referring Case to Magistrate Judge

ORDER REFERRING CASE to Magistrate Judge Zack Hawthorn (ljw, )

Order Referring Case to Magistrate Judge

Filing fee received: $ 400.00, receipt number 6-40460. (mjc, )

Filing Fee Received

ORDER that the Clerk of Court shall deliver summonses to the plaintiff so that he may serve the defendants in accordance with FED. R. CIV. P. 4.. Signed by Magistrate Judge Zack Hawthorn on 4/2/18. (ljw, ) (Entered: 04/02/2018)

SUMMONS Issued as to All Defendants and mailed to Plaintiff for service. (Attachments: # 1 Rehse Summons, # 2 Eschessa Summons)(ljw, ) (Entered: 04/02/2018)

ACKNOWLEDGMENT OF RECEIPT by Dennis Wayne Hope on 4/9/2018 2 Order, issued summonses and complaint. (bjc) (Entered: 04/17/2018)

SUMMONS Issued as to Melissa Benet, Kelly Enloe, B. Fiveash, Joni White and mailed to plaintiff for service. (Attachments: # 1 Enloe Summons, # 2 Fiveash Summons, # 3 White Summons)(ljw, ) (Entered: 04/19/2018)

WITHDRAWN PER ORDER 18 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6) by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Text of Proposed Order)(Prasad, Amy) Modified on 2/26/2019 (ljw, ). (Entered: 05/24/2018)

1 Text of Proposed Order

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SUMMONS Returned Executed by Dennis Wayne Hope. Kelly Enloe served on 5/2/2018. (ljw, ) (Entered: 06/07/2018)

SUMMONS Returned Executed by Dennis Wayne Hope. Joni White served on 5/2/2018. (ljw, ) (Entered: 06/07/2018)

SUMMONS Returned Executed by Dennis Wayne Hope. Chad Rehse served on 5/3/2018. (ljw, ) (Entered: 06/07/2018)

SUMMONS Returned Executed by Dennis Wayne Hope. Todd Harris served on 5/3/2018. (ljw, ) (Entered: 06/07/2018)

SUMMONS Returned Executed by Dennis Wayne Hope. Leonard Eschessa served on 5/2/2018. (ljw, ) (Entered: 06/07/2018)

NOTICE to the Court re Summons returns by Dennis Wayne Hope (ljw, ) (Entered: 06/07/2018)

SUMMONS Returned Executed by Dennis Wayne Hope. Melissa Benet served on 5/4/2018. (ljw, ) (Entered: 06/07/2018)

SUMMONS Returned Executed by Dennis Wayne Hope. B. Fiveash served on 5/2/2018. (ljw, ) (Entered: 06/07/2018)

AMENDED COMPLAINT against All Defendants, filed by Dennis Wayne Hope.(ljw, ) (Entered: 06/18/2018)

RESPONSE in Opposition to 6 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6) filed by Dennis Wayne Hope. (bjc, ) (Entered: 07/27/2018)

NOTICE to the Court by Dennis Wayne Hope. (ljw, ) (Entered: 10/10/2018)

ORDER that the defendant's motion to dismiss 6 is deemed WITHDRAWN without prejudice to resubmitting a motion to dismiss after review of the amended complaint. Signed by Magistrate Judge Zack Hawthorn on 2/26/19. (ljw, ) (Entered: 02/26/2019)

FILED IN ERROR, PLEASE IGNORE MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) AND (6) by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Text of Proposed Order)(Bramow, Jason) Modified on 3/6/2019 (ljw, ). (Entered: 03/06/2019)

MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) AND (6) by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Text of Proposed Order)(Prasad, Amy) (Entered: 03/06/2019)

1 Text of Proposed Order

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Notice of Docket Correction

***FILED IN ERROR. Document # 19, Motion to Dismiss. PLEASE IGNORE. Attorney filed under wrong login. Attorney to refile.*** (ljw, )

DEMAND for Trial by Jury by Dennis Wayne Hope. (ljw, ) (Entered: 03/14/2019)

RESPONSE to 20 MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) AND (6) filed by Dennis Wayne Hope. (ljw, ) (Entered: 03/20/2019)

Request for status of case by Dennis Wayne Hope. (Mailed docket sheet on 12/10/19) (ljw, ) (Entered: 12/10/2019)

REPORT AND RECOMMENDATIONS re 20 MOTION to Dismiss PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1) AND (6) filed by B. Fiveash, Joni White, Kelly Enloe, Chad Rehse, Leonard Eschessa, Melissa Benet, Todd Harris. The motion should be granted. Accordingly, plaintiffs' complaint should be dismissed with prejudice. Signed by Magistrate Judge Zack Hawthorn on 3/9/20. (ljw, ) (Entered: 03/12/2020)

ACKNOWLEDGMENT OF RECEIPT by Dennis Wayne Hope on 3/20/20 as to 24 Report and Recommendations. (ljw, ) (Entered: 03/26/2020)

MOTION for Extension of Time to File Response/Reply as to 24 Report and Recommendations, by Dennis Wayne Hope. (ljw, ) (Entered: 04/02/2020)

OBJECTION to 24 Report and Recommendations by Dennis Wayne Hope. (ljw, ) (Entered: 04/07/2020)

ORDER ACCEPTING 24 REPORT AND RECOMMENDATIONS. Defendants' motion to dismiss is GRANTED, and plaintiff's claims are dismissed with prejudice. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations. Signed by District Judge Ron Clark on 5/5/20. (ljw, ) (Entered: 05/06/2020)

FINAL JUDGMENT that this case is DISMISSED with prejudice. All relief not previously granted is DENIED. Signed by District Judge Ron Clark on 5/5/20. (ljw, ) (Entered: 05/06/2020)

NOTICE OF APPEAL as to 29 Final Judgment & 28 Order Adopting Report and Recommendations by Dennis Wayne Hope. (ljw, ) (Entered: 06/03/2020)

USCA Appeal Fees

USCA Appeal Fees received $ 505; receipt number 6-52845 re 30 Notice of Appeal filed by Dennis Wayne Hope (mll, )

Notice (Other)

NOTICE of certification of eROA provided to 5th Circuit Court of Appeals. (ljw, )

USCA Availability of eROA

Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf re 30 Notice of Appeal : (ljw, )

MOTION to Substitute Attorney by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Text of Proposed Order)(Weltge, Evan) (Entered: 09/02/2021)

ORDER of USCA as to 30 Notice of Appeal filed by Dennis Wayne Hope. Treating the petition for rehearing en banc as a petition for panel rehearing (5TH Cir. R. 35 I.O.P.), the petition for panel rehearing is DENIED. Because no member of the panel or judge in regular active service having requested that the court be polled on rehearing en banc (Fed. R. App. P. 35 and 5TH Cir. R. 35), the petition for rehearing en banc is DENIED. (Attachments: # 1 USCA Cover Letter)(ljw, ) (Entered: 09/02/2021)

1 USCA Cover Letter

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ORDER of USCA as to 30 Notice of Appeal filed by Dennis Wayne Hope. IT IS ORDERED and ADJUDGED that the judgment of the District Court is AFFIRMED IN PART and VACATED IN PART, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court. (Attachments: # 1 USCA Order, # 2 USCA Cover Letter)(ljw, ) (Entered: 09/09/2021)

1 USCA Order

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2 USCA Cover Letter

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Letter to the Court from Dennis Wayne Hope (ljw, ) (Entered: 09/27/2021)

MOTION to Substitute Attorney -In-Charge by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Text of Proposed Order)(Fennessey, Sheaffer) (Entered: 05/11/2022)

Case Assigned/Reassigned

Case reassigned to District Judge Thad Heartfield. District Judge Ron Clark no longer assigned to the case. (ljw, )

ORDER granting 31 and 35 Motions to Substitute Attorney. Ordered that Assistant Attorney General Sheaffer K. Fennessey is substituted as Attorney-in-Charge for the defendants and Assistant Attorneys General Amy Prasad and Evan W. Weltge are withdrawn. Signed by Magistrate Judge Zack Hawthorn on 7/27/2022. (bjc, ) (Entered: 07/27/2022)

MOTION to Substitute Attorney -In-Charge by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Text of Proposed Order)(Prasad, Amy) (Entered: 03/21/2023)

Case Assigned/Reassigned

Case reassigned to District Judge Marcia A. Crone. District Judge Thad Heartfield no longer assigned to the case. (ljw, )

ORDER granting 37 Motion to Substitute Attorney Amy Lynn Prasad in place of Sheaffer Kristine Fennessey. Signed by Magistrate Judge Zack Hawthorn on 3/22/2023. (bjc, ) (Entered: 03/22/2023)

ORDER of Supreme Court. The petition for writ of certiorari is denied. (Attachments: # 1 USCA Cover Letter)(ljw, ) (Entered: 04/18/2023)

MOTION to Intervene by Miguel Villegas. (Attachments: # 1 Monitored Bills, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6 - NDTX Amended Complaint, # 8 Cover Letter, # 9 Envelope(s))(gsm) (Entered: 05/15/2023)

NOTICE of Change of Address by Dennis Wayne Hope. (ljw, ) (Entered: 05/22/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by Peter Wald on behalf of Dennis Wayne Hope. Filing fee $ 100, receipt number ATXEDC-9620817. (Wald, Peter) (Entered: 07/27/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by Michele D Johnson on behalf of Dennis Wayne Hope. Filing fee $ 100, receipt number ATXEDC-9620842. (Johnson, Michele) (Entered: 07/27/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by Heather A. Waller on behalf of Dennis Wayne Hope. Filing fee $ 100, receipt number ATXEDC-9620870. (Waller, Heather) (Entered: 07/27/2023)

NOTICE of Attorney Appearance by Morris C Carrington on behalf of Dennis Wayne Hope (Carrington, Morris) (Entered: 08/02/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by Abigail Parr on behalf of Dennis Wayne Hope. Filing fee $ 100, receipt number ATXEDC-9631585. (Parr, Abigail) (Additional attachment(s) added on 8/3/2023: # 1 Sealed Attachment) (nkl, ). (Entered: 08/02/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by Molly Petchenik on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9638589. (Petchenik, Molly) (Entered: 08/07/2023)

NOTICE of Attorney Appearance by Dustin Rynders on behalf of Dennis Wayne Hope (Rynders, Dustin) (Entered: 08/07/2023)

NOTICE of Attorney Appearance - Pro Hac Vice by Travis Fife on behalf of Dennis Wayne Hope. Filing fee $ 100, receipt number ATXEDC-9644227. (Fife, Travis) (Entered: 08/10/2023)

MOTION to Substitute Attorney in Charge by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 09/06/2023)

NOTICE by Ronald Ivey re Automatic Substitution of Party pursuant to Federal Rule of Civil Procedure 25(d) (Calb, Michael) (Entered: 09/06/2023)

MOTION for Leave to File Second Amended Complaint by Dennis Wayne Hope. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 Appendix)(Carrington, Morris) (Entered: 02/02/2024)

MOTION for Leave to File Excess Pages Second Amended Complaint by Dennis Wayne Hope. (Attachments: # 1 Proposed Order, # 2 Appendix)(Carrington, Morris) (Entered: 02/02/2024)

AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Dennis Wayne Hope. (Attachments: # 1 Appendix)(Carrington, Morris) (Entered: 02/05/2024)

RESPONSE in Opposition re 52 MOTION for Leave to File Second Amended Complaint, 53 MOTION for Leave to File Excess Pages Second Amended Complaint filed by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 02/15/2024)

REPLY to Response to Motion re 52 MOTION for Leave to File Second Amended Complaint, 53 MOTION for Leave to File Excess Pages Second Amended Complaint filed by Dennis Wayne Hope. (Attachments: # 1 Appendix of Authorities)(Waller, Heather) (Entered: 02/22/2024)

WITHDRAWN PER ORDER 62 MOTION for Leave for Limited Expedited Discovery by Dennis Wayne Hope. (Attachments: # 1 Appendix of Authorities to Plaintiff Dennis Wayne Hope's Motion for Leave for Limited Expedited Discovery, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(Waller, Heather) Modified on 5/9/2024 (ljw). (Entered: 03/12/2024)

ORDER denying 40 Motion to Intervene. Signed by Magistrate Judge Zack Hawthorn on 3/14/24. (ljw, ) (Entered: 03/14/2024)

RESPONSE in Opposition re 57 MOTION for Discovery -Dennis Wayne Hope's Motion for Leave for Limited Expedited Discovery filed by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 03/22/2024)

MOTION to Withdraw 57 MOTION for Discovery -Dennis Wayne Hope's Motion for Leave for Limited Expedited Discovery by Dennis Wayne Hope. (Attachments: # 1 Proposed Order)(Waller, Heather) (Entered: 03/29/2024)

ORDER granting 50 defendants' Motion to Substitute Counsel. Assistant Attorney General Michael J. Calb is substituted as Attorney-in- Charge for the defendants and Assistant Attorney General Amy Prasad is withdrawn. Signed by Magistrate Judge Zack Hawthorn on 5/7/24. (ljw) (Entered: 05/09/2024)

ORDER granting 60 plaintiff's motion to withdraw his motion for leave for limited expedited discovery. The 57 plaintiff's motion for leave for limited expedited discovery is deemed WITHDRAWN without prejudice and terminated for statistical purposes. Signed by Magistrate Judge Zack Hawthorn on 5/7/24. (ljw) (Entered: 05/09/2024)

REPORT AND RECOMMENDATIONS re 52 MOTION for Leave to File Second Amended Complaint & 53 MOTION for Leave to File Excess Pages Second Amended Complaint filed by Dennis Wayne Hope. Recommended that the Plaintiff's motion for leave to amend the complaint should be denied without prejudice to plaintiff's ability to file a new motion for leave within thirty days along with a proposed amended complaint strictly limited to supporting those claims remanded to this court. Additionally, plaintiff's motion for leave to exceed the page limit should be denied as moot. Signed by Magistrate Judge Zack Hawthorn on 5/30/2024. (KMH) Modified text and document linkage on 9/17/2024 (ljw). (Entered: 05/30/2024)

OBJECTION to 63 Report and Recommendations Regarding Plaintiff's Motion for Leave to File Second Amended Complaint by Dennis Wayne Hope. (Waller, Heather) (Entered: 06/13/2024)

ACKNOWLEDGMENT OF RECEIPT by Miguel Villegas as to 63 Report and Recommendation. (Do received on date on card). (KMH) (Entered: 06/18/2024)

ORDER OVERRULING OBJECTIONS AND ADOPTING 63 REPORT AND RECOMMENDATIONS. Plaintiff's motion for leave to file a second amended complaint 52 is denied and plaintiff's motion for leave to exceed page limitations in his second amended complaint 53 is denied as moot. Signed by District Judge Marcia A. Crone on 9/16/24. (ljw) (Entered: 09/17/2024)

MOTION for Leave to File Second Amended Complaint by Dennis Wayne Hope. (Attachments: # 1 Proposed Order Proposed Order on Motion for Leave to Amend, # 2 Appendix Appendix of Authorities to Motion for Leave to Amend)(Carrington, Morris) (Entered: 10/16/2024)

AMENDED MOTION to Amend/Correct Second Amended Complaint by Dennis Wayne Hope. (Attachments: # 1 Appendix Appendix of Authorities to Second Amended Complaint)(Carrington, Morris) (Entered: 10/16/2024)

MOTION for Leave to File Excess Pages by Dennis Wayne Hope. (Attachments: # 1 Proposed Order on Motion to Exceed Page Limits, # 2 Appendix of Authorities to Motion to Exceed Page Limits)(Carrington, Morris) Modified text on 10/17/2024 (bmf). (Entered: 10/16/2024)

RESPONSE in Opposition re 67 MOTION for Leave to File Second Amended Complaint, 68 AMENDED MOTION to Amend/Correct Second Amended Complaint filed by Melissa Benet, Kelly Enloe, Leonard Eschessa, B. Fiveash, Todd Harris, Chad Rehse, Joni White. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 11/04/2024)

RESPONSE in Support re 67 MOTION for Leave to File Second Amended Complaint, 69 MOTION for Leave to File Excess Pages filed by Dennis Wayne Hope. (Attachments: # 1 Appendix Appendix of Authorities to Second Amended Complaint)(Carrington, Morris) (Entered: 11/12/2024)

UNOPPOSED MOTION for Leave to File Response to Plaintiff's Motion to Amend Complaint Out of Time by Joni White, Kelly Enloe, Melissa Benet, B. Fiveash, Todd Harris, Chad Rehse, Leonard Eschessa. (Attachments: # 1 Proposed Order)(Calb, Michael) (Entered: 11/13/2024)

ORDER granting 72 defendants' Unopposed Motion for Leave to File Response to Plaintiff's Motion to Amend Complaint Out of Time. Signed by Magistrate Judge Zack Hawthorn on 4/26/25. (ljw) (Entered: 04/28/2025)

REPORT AND RECOMMENDATIONS re 67 MOTION for Leave to File Second Amended Complaint & 69 MOTION for Leave to File Excess Pages. Objections due within 14 days of receipt. Signed by Magistrate Judge Zack Hawthorn on 6/18/25.(ljw) (Entered: 06/20/2025)

Response to Non-Motion

ORDER overruling 75 Plaintiff's Objections and adopting 74 Report and Recommendations to deny 67 Motion for Leave to File Second Amended Complaint. Order denies as moot 69 Motion for Leave to File Excess Pages. Signed by District Judge Marcia A. Crone on 09/17/2025. (bmf)

Leave to File Document

Amended Complaint