Case: Hope v. Harris

20-cv-00027 | U.S. District Court for the Eastern District of Texas

Filed Date: Feb. 16, 2018

Case Ongoing

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Case Summary

On February 16, 2018, a prisoner housed in solitary confinement in the Security Housing Unit (SHU) at the Polunsky Unit within the Texas Department of Criminal Justice filed a pro se lawsuit in the U.S. District Court for the Eastern District of Texas challenging the conditions of his confinement. The plaintiff filed suit against the prison’s Senior Warden, Major of Correctional Officers, Deputy Director of Support Operations, and Assistant Director of Classification, as well as three members of the prison’s State Classification Committee, alleging that the defendants subjected him to cruel and unusual punishment, inhumane living conditions, denial of due process, retaliation, and denial of mental health treatment. The complaint included a procedural due process claim under the Fourteenth Amendment, a retaliation claim under the First Amendment, and an Eighth Amendment claim alleging the conditions, including the duration, of his solitary confinement constituted cruel and unusual punishment. The plaintiff requested injunctive, declaratory, and monetary relief. The case was assigned to District Judge Marcia A. Crone.

In his complaint, the plaintiff alleged that he had been continuously held in solitary confinement for 23 years following a 1994 prison escape despite having long since had his “escape risk” designation removed. He complained of 23-24 hour daily confinement, unsanitary food service, smaller food portions, consistent strip searches, limited ability to possess property, and denial of human contact and television access. He further alleged excessive noise, chemical agent exposure, harsh lockdown conditions, restricted legal access, retaliatory cell moves to unsanitary and unlit cells, and lack of medical privacy. The plaintiff alleged that review hearings to assess his continued confinement in the SHU were sham hearings. Finally, he alleged he had suffered retaliation for filing grievances, including the confiscation of his typewriter.

The defendants filed a motion to dismiss on March 6, 2019, asserting that the plaintiff had failed to adequately allege constitutional violations and failed to demonstrate the defendants’ personal involvement in his alleged mistreatment. The defendants further asserted that claims for monetary damages were barred by the Eleventh Amendment and that the plaintiff lacked standing for injunctive relief. The matter was referred to Magistrate Judge Zack Hawthorn, who issued his report and recommendation on March 9. In his report, the magistrate recommended that the complaint be dismissed for lack of Article III standing because the defendants lacked the ability to release him from the SHU even with a favorable decision. The magistrate then proceeded to analyze the merits of the plaintiff’s claims and recommended that they be dismissed with prejudice. 2020 WL 4724315. Over the plaintiff’s objections, Judge Crone formally accepted the magistrate’s report and recommendations on May 5, 2020. 2020 WL 2186246.

The plaintiff appealed to the U.S. Court of Appeals for the Fifth Circuit in June 2020 where the case was assigned to a three-judge panel comprised of Circuit Justices Carolyn Dineen King, Jerry Edwin Smith, and Catharina Haynes. At this stage, the plaintiff retained counsel, now proceeding with representation by attorneys from the MacArthur Justice Center. Oral argument in the appeal occurred on April 1, 2021, and the panel issued an opinion on June 18, 2021. The court affirmed the lower court in part, vacated in part, and remanded for further proceedings. 861 Fed.Appx. 571. Specifically, the court found that the plaintiff did have standing to bring his official-capacity claims and that, pursuant to the Ex parte Young exception, state sovereign immunity did not bar the plaintiff’s official-capacity claims for prospective injunctive relief. Next, the court noted that the plaintiff brought not only official-capacity claims, but also sought damages against the defendants in their official capacity. However, neither the magistrate nor the district judge considered these claims. Accordingly, the court remanded the plaintiff’s individual-capacity claims for consideration in the first instance. Lastly, the court reviewed the dismissal of the particular official-capacity claims for failure to state a claim. The court affirmed the district court’s dismissal of the plaintiff’s procedural due process claim and, as to all defendants other than the prison major, the plaintiff’s Eighth Amendment claim. However, the court vacated the dismissal of the retaliation claim and, as to the prison major only, the Eighth Amendment claim. The court remanded those matters for further proceeding along with the individual-capacity claims.

Thereafter, the plaintiff appealed to the U.S. Supreme Court, filing a petition for a writ of certiorari in January 2022. The petition was distributed for conference in March and June of 2022, as well as in April 2023. However, on April 17, 2023, the Court officially denied the petition. 143 S.Ct. 1746.

With the case back in the district court, the plaintiff filed a motion for leave to file an amended complaint. Specifically, the plaintiff sought to add additional factual support for his individual-capacity claims. However, he also sought to allege an additional § 1983 conspiracy claim and add an excessive force claim against two additional defendants. The motion was referred to Magistrate Judge Hawthorn, who recommended on May 30, 2024, that the motion be denied without prejudice to the plaintiff’s ability to file a new motion for leave to amend strictly limited to supporting the claims remanded to the district court. 2024 WL 4223194. The district court formally adopted the magistrate’s recommendation on September 16, 2024, noting that allowing the plaintiff to add new claims at this stage would violate the remand rule. The plaintiff submitted a new motion for leave to amend in October 2024.

As of March 2025, the plaintiff’s motion remains pending before the district court.

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Summary Authors

Andrew Eslich (12/30/2024)

Logan Moore (4/5/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6896599/parties/hope-v-harris/

Judge(s)

Attorney for Plaintiff

Ali, Amir H.

Anand, Easha

Carrington, Morris C (Texas)

Attorney for Defendant

Bramow, Jason Tyler (Texas)

Calb, Michael Jason (Texas)

Expert/Monitor/Master/Other

Judge(s)

Crone, Marcia A. (Texas)

Attorney for Plaintiff

Ali, Amir H.

Anand, Easha

Carrington, Morris C (Texas)

Fife, Travis Walker (Texas)

Greenfield, Daniel

Johnson, Michele D. (Texas)

Parr, Abigail (Texas)

Petchenik, Molly Beryl (Texas)

Rynders, Dustin (Texas)

Villegas, Miguel (Texas)

Wald, Peter Allen (Texas)

Waller, Heather A. (Texas)

Attorney for Defendant

Bramow, Jason Tyler (Texas)

Calb, Michael Jason (Texas)

Fennessey, Sheaffer Kristine (Texas)

Pettit, Lanora Christine

Weltge, Evan William (Texas)

Expert/Monitor/Master/Other

Esq., Mary B.

Frasch, Jacob

Friedman, Benjamin Isaac

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 20-cv-00027	Complaint	Feb. 16, 2018	Feb. 16, 2018 Complaint
15 20-cv-00027	Amended Complaint	June 18, 2018	June 18, 2018 Complaint
24 20-cv-00027	Report and Recommendation of United States Magistrate Judge	March 9, 2020	March 9, 2020 Magistrate Report/Recommendation
28 20-cv-00027	Order Overruling Objections and Accepting the Magistrate Judge's Report and Recommendation	May 5, 2020	May 5, 2020 Order/Opinion 2020 WL 2186246
29 20-cv-00027	Final Judgment	May 5, 2020	May 5, 2020 Order/Opinion
00515905537 20-cv-00027	Appeal from the United States District Court for the Eastern District of Texas	June 18, 2021	June 18, 2021 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6896599/hope-v-harris/

Last updated June 11, 2025, 6:11 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (42:1983 Prisoner Civil Rights) against All Defendants, filed by Dennis Wayne Hope.(ljw, ) (Entered: 02/20/2018)	Feb. 16, 2018	Feb. 16, 2018 Clearinghouse
	Order Referring Case to Magistrate Judge	Feb. 16, 2018	Feb. 16, 2018 PACER
	ORDER REFERRING CASE to Magistrate Judge Zack Hawthorn (ljw, )	Feb. 16, 2018	Feb. 16, 2018 PACER
	Order Referring Case to Magistrate Judge	Feb. 20, 2018	Feb. 20, 2018 PACER
	Filing fee received: $ 400.00, receipt number 6-40460. (mjc, )	Feb. 23, 2018	Feb. 23, 2018 PACER
	Filing Fee Received	Feb. 23, 2018	Feb. 23, 2018 PACER
2	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)	April 2, 2018	April 2, 2018 PACER
3	SUMMONS Issued as to All Defendants and mailed to Plaintiff for service. (Attachments: # 1 Rehse Summons, # 2 Eschessa Summons)(ljw, ) (Entered: 04/02/2018)	April 2, 2018	April 2, 2018 PACER
4	ACKNOWLEDGMENT OF RECEIPT by Dennis Wayne Hope on 4/9/2018 2 Order, issued summonses and complaint. (bjc) (Entered: 04/17/2018)	April 17, 2018	April 17, 2018 PACER
5	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)	April 19, 2018	April 19, 2018 PACER
6	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 View on PACER	May 24, 2018	May 24, 2018 PACER
7	NOTICE to the Court re Summons returns by Dennis Wayne Hope (ljw, ) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
8	SUMMONS Returned Executed by Dennis Wayne Hope. Melissa Benet served on 5/4/2018. (ljw, ) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
9	SUMMONS Returned Executed by Dennis Wayne Hope. B. Fiveash served on 5/2/2018. (ljw, ) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
10	SUMMONS Returned Executed by Dennis Wayne Hope. Kelly Enloe served on 5/2/2018. (ljw, ) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
11	SUMMONS Returned Executed by Dennis Wayne Hope. Joni White served on 5/2/2018. (ljw, ) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
12	SUMMONS Returned Executed by Dennis Wayne Hope. Chad Rehse served on 5/3/2018. (ljw, ) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
13	SUMMONS Returned Executed by Dennis Wayne Hope. Todd Harris served on 5/3/2018. (ljw, ) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
14	SUMMONS Returned Executed by Dennis Wayne Hope. Leonard Eschessa served on 5/2/2018. (ljw, ) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
15	AMENDED COMPLAINT against All Defendants, filed by Dennis Wayne Hope.(ljw, ) (Entered: 06/18/2018)	June 18, 2018	June 18, 2018 Clearinghouse
16	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)	July 27, 2018	July 27, 2018 RECAP
17	NOTICE to the Court by Dennis Wayne Hope. (ljw, ) (Entered: 10/10/2018)	Oct. 10, 2018	Oct. 10, 2018 PACER
18	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)	Feb. 26, 2019	Feb. 26, 2019 PACER
19	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)	March 6, 2019	March 6, 2019 PACER
	Notice of Docket Correction	March 6, 2019	March 6, 2019 PACER
	*FILED IN ERROR. Document # 19, Motion to Dismiss. PLEASE IGNORE. Attorney filed under wrong login. Attorney to refile.* (ljw, )	March 6, 2019	March 6, 2019 PACER
20	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 View on PACER	March 6, 2019	March 6, 2019 RECAP
21	DEMAND for Trial by Jury by Dennis Wayne Hope. (ljw, ) (Entered: 03/14/2019)	March 14, 2019	March 14, 2019 PACER
22	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)	March 19, 2019	March 19, 2019 RECAP
23	Request for status of case by Dennis Wayne Hope. (Mailed docket sheet on 12/10/19) (ljw, ) (Entered: 12/10/2019)	Dec. 9, 2019	Dec. 9, 2019 PACER
24	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)	March 9, 2020	March 9, 2020 Clearinghouse
25	ACKNOWLEDGMENT OF RECEIPT by Dennis Wayne Hope on 3/20/20 as to 24 Report and Recommendations. (ljw, ) (Entered: 03/26/2020)	March 26, 2020	March 26, 2020 PACER
26	MOTION for Extension of Time to File Response/Reply as to 24 Report and Recommendations, by Dennis Wayne Hope. (ljw, ) (Entered: 04/02/2020)	April 2, 2020	April 2, 2020 PACER
27	OBJECTION to 24 Report and Recommendations by Dennis Wayne Hope. (ljw, ) (Entered: 04/07/2020)	April 7, 2020	April 7, 2020 RECAP
28	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)	May 5, 2020	May 5, 2020 Clearinghouse
29	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)	May 5, 2020	May 5, 2020 Clearinghouse
30	NOTICE OF APPEAL as to 29 Final Judgment & 28 Order Adopting Report and Recommendations by Dennis Wayne Hope. (ljw, ) (Entered: 06/03/2020)	June 3, 2020	June 3, 2020 Clearinghouse
	USCA Appeal Fees	June 4, 2020	June 4, 2020 PACER
	USCA Appeal Fees received $ 505; receipt number 6-52845 re 30 Notice of Appeal filed by Dennis Wayne Hope (mll, )	June 4, 2020	June 4, 2020 PACER
	Notice (Other)	June 16, 2020	June 16, 2020 PACER
	NOTICE of certification of eROA provided to 5th Circuit Court of Appeals. (ljw, )	June 16, 2020	June 16, 2020 PACER
	USCA Availability of eROA	June 25, 2020	June 25, 2020 PACER
	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, )	June 25, 2020	June 25, 2020 PACER
31	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)	Sept. 2, 2021	Sept. 2, 2021 PACER
32	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 View on PACER	Sept. 2, 2021	Sept. 2, 2021 PACER
33	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 View on PACER 2 USCA Cover Letter View on PACER	Sept. 8, 2021	Sept. 8, 2021 Clearinghouse
34	Letter to the Court from Dennis Wayne Hope (ljw, ) (Entered: 09/27/2021)	Sept. 27, 2021	Sept. 27, 2021 PACER
35	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)	May 11, 2022	May 11, 2022 PACER
	Case Assigned/Reassigned	May 12, 2022	May 12, 2022 PACER
	Case reassigned to District Judge Thad Heartfield. District Judge Ron Clark no longer assigned to the case. (ljw, )	May 12, 2022	May 12, 2022 PACER
36	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)	July 27, 2022	July 27, 2022 RECAP
37	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)	March 21, 2023	March 21, 2023 PACER
	Case Assigned/Reassigned	March 21, 2023	March 21, 2023 PACER
	Case reassigned to District Judge Marcia A. Crone. District Judge Thad Heartfield no longer assigned to the case. (ljw, )	March 21, 2023	March 21, 2023 PACER
38	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)	March 22, 2023	March 22, 2023 PACER
39	ORDER of Supreme Court. The petition for writ of certiorari is denied. (Attachments: # 1 USCA Cover Letter)(ljw, ) (Entered: 04/18/2023)	April 18, 2023	April 18, 2023 PACER
40	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)	May 12, 2023	May 12, 2023 PACER
41	NOTICE of Change of Address by Dennis Wayne Hope. (ljw, ) (Entered: 05/22/2023)	May 22, 2023	May 22, 2023 PACER
42	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)	July 27, 2023	July 27, 2023 PACER
43	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)	July 27, 2023	July 27, 2023 PACER
44	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)	July 27, 2023	July 27, 2023 PACER
45	NOTICE of Attorney Appearance by Morris C Carrington on behalf of Dennis Wayne Hope (Carrington, Morris) (Entered: 08/02/2023)	Aug. 2, 2023	Aug. 2, 2023 PACER
46	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)	Aug. 2, 2023	Aug. 2, 2023 PACER
47	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)	Aug. 7, 2023	Aug. 7, 2023 PACER
48	NOTICE of Attorney Appearance by Dustin Rynders on behalf of Dennis Wayne Hope (Rynders, Dustin) (Entered: 08/07/2023)	Aug. 7, 2023	Aug. 7, 2023 PACER
49	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)	Aug. 10, 2023	Aug. 10, 2023 PACER
50	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)	Sept. 6, 2023	Sept. 6, 2023 PACER
51	NOTICE by Ronald Ivey re Automatic Substitution of Party pursuant to Federal Rule of Civil Procedure 25(d) (Calb, Michael) (Entered: 09/06/2023)	Sept. 6, 2023	Sept. 6, 2023 PACER
52	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)	Feb. 2, 2024	Feb. 2, 2024 PACER
53	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)	Feb. 2, 2024	Feb. 2, 2024 PACER
54	AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Dennis Wayne Hope. (Attachments: # 1 Appendix)(Carrington, Morris) (Entered: 02/05/2024)	Feb. 5, 2024	Feb. 5, 2024 Clearinghouse
55	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)	Feb. 15, 2024	Feb. 15, 2024 PACER
56	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)	Feb. 22, 2024	Feb. 22, 2024 PACER
57	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)	March 12, 2024	March 12, 2024 PACER
58	ORDER denying 40 Motion to Intervene. Signed by Magistrate Judge Zack Hawthorn on 3/14/24. (ljw, ) (Entered: 03/14/2024)	March 14, 2024	March 14, 2024 PACER
59	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)	March 22, 2024	March 22, 2024 PACER
60	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)	March 29, 2024	March 29, 2024 PACER
61	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)	May 7, 2024	May 7, 2024 PACER
62	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)	May 7, 2024	May 7, 2024 PACER
63	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)	May 30, 2024	May 30, 2024 RECAP
64	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)	June 13, 2024	June 13, 2024 PACER
65	ACKNOWLEDGMENT OF RECEIPT by Miguel Villegas as to 63 Report and Recommendation. (Do received on date on card). (KMH) (Entered: 06/18/2024)	June 18, 2024	June 18, 2024 PACER
66	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)	Sept. 16, 2024	Sept. 16, 2024 RECAP
67	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)	Oct. 16, 2024	Oct. 16, 2024 PACER
68	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)	Oct. 16, 2024	Oct. 16, 2024 PACER
69	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)	Oct. 16, 2024	Oct. 16, 2024 PACER
70	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)	Nov. 4, 2024	Nov. 4, 2024 PACER
71	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)	Nov. 12, 2024	Nov. 12, 2024 PACER
72	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)	Nov. 13, 2024	Nov. 13, 2024 PACER
73	Order on Motion for Leave to File	April 28, 2025	April 28, 2025 PACER

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