Case: Benning v. Dozier

5:18-cv-00087 | U.S. District Court for the Middle District of Georgia

Filed Date: March 9, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a lawsuit brought by an incarcerated person after his outgoing emails were allegedly censored without any form of notification or an appeals process. On March 9, 2018, Plaintiff filed this lawsuit against the Georgia Department of Corrections (“GDC”) Commissioner, as well as the official allegedly responsible for censoring inmate emails for the GDC, in the U.S. District Court for the Middle District of Georgia. (The plaintiff initially represented himself, but was later represented by t…

This is a lawsuit brought by an incarcerated person after his outgoing emails were allegedly censored without any form of notification or an appeals process.

On March 9, 2018, Plaintiff filed this lawsuit against the Georgia Department of Corrections (“GDC”) Commissioner, as well as the official allegedly responsible for censoring inmate emails for the GDC, in the U.S. District Court for the Middle District of Georgia. (The plaintiff initially represented himself, but was later represented by the Macarthur Justice Center and private counsel.) He sued under 42 USC § 1983, alleging violations of the First and Fourteenth Amendment due to the GDC’s censorship of prison emails without notice, reasoning, or an opportunity to respond or challenge the decision. Specifically, he claimed that he tried to send numerous emails via the prison's email service but that his emails were not delivered. It was only after he contacted the email service provider that he learned his emails were being censored. Plaintiff sought declaratory relief, specifically relating to notice and the opportunity to respond to any decisions to censor emails. He also sought injunctive relief, as well as compensatory, nominal, and punitive damages. Judge Tilman E. Self III and Magistrate Judge Charles H Weigle presided.

On May 11, 2018, after a preliminary screening, Magistrate Weigle issued a Report and Recommendation (“R&R”) suggesting that Plaintiff's claims against the GDC Commissioner proceed, but that the claim against the email censor be dismissed without prejudice because the complaint did not sufficiently identify who the censor was. 2018 WL 11606302. Judge Self adopted the R&R on July 17, 2018. 2018 WL 11606303.

In August 2018, Plaintiff filed a motion to amend his complaint to add two named defendants as the email censors and asked the court to stay proceedings so he could exhaust administrative remedies for supplemental claims relating to the email censoring. Defendant also moved to stay proceedings.

On October 31, 2018, the Court granted the motions and stayed proceedings until February 4, 2019. The court also terminated Plaintiff’s motion to amend, subject to his future right to amend after the completion of the prison grievance process. On February 6, 2019, Plaintiff filed a motion to extend the stay and for limited discovery. On March 29, 2019, the court denied Plaintiff’s motion to extend the stay and ordered that the two additional defendants (the two individuals who allegedly censored his emails) be added as parties to the complaint. The court also granted Plaintiff's motion to reopen discovery.

Plaintiff filed another amended complaint on April 5, 2019, adding another allegation about a revised policy that added an email-contact restriction, meaning that inmates could only email with those who have been cleared by security personnel to visit. He also added a request for monetary relief.

The parties engaged in discovery and other motions shortly thereafter. On February 28, 2020, Defendants filed a motion for summary judgment, arguing that Plaintiff did not have a constitutional right to communicate through email and that his use of the prison email system is a privilege, not a right. At this time, Defendants had stopped enforcing the email-contact restriction policy.

On July 16, 2020, Magistrate Weigle issued an R&R, recommending that the summary judgment motion be granted and that judgment be entered in Defendants’ favor. 2020 WL 13863424. Specifically, Magistrate Weigle found that the prison policies governing outgoing email correspondence were valid and reasonably related to legitimate penological interests. Magistrate Weigle rejected the blanket assertion that prisoners do not have constitutional rights to communicate via email and instead clarified that prisoners do have a First Amendment right to communicate with individuals outside the prison system. Plaintiff objected to the R&R on August 28, 2020, raising a procedural due process claim about GDC’s email restrictions.

Judge Self reviewed the R&R, and on September 14, 2020, recommitted the case back to the magistrate judge to fully consider the potential due process claim. 2020 WL 13863426. On October 13, 2020, Magistrate Judge Weigle again recommended that Defendants’ motion for summary judgment be granted because (1) Plaintiff abandoned his due process claim by not previously mentioning it, and (2) an incarcerated person's right to communicate by email does not get procedural due process protections. 2020 WL 9595119.

On December 3, 2020, Judge Self adopted the R&R and dismissed the case without prejudice. 2020 WL 13863425. On December 22, 2020, the court allowed Plaintiff to file an untimely objection to the R&R. 2020 WL 13876431. The following year, on April 30, the court again adopted the R&R, and granted Defendants’ motion for summary judgment. 2021 WL 1713333. Regarding the First Amendment claim, the court declined to apply the standard that governs how prisons can censor outgoing mail—from Martinez, 416 U.S. 396 (1974)—and applied the more lenient standard from Turner, 482 U.S. 78 (1987), reasoning that email is not as protected as physical correspondence. Under the Turner standard, the court found that Defendants’ censorship of outgoing emails was reasonably related to a legitimate penological interest. For the due process claim, the court agreed with the magistrate judge that censoring emails did not raise a significant liberty interest so as to warrant due process protections. The court entered judgment dismissing the case on May 3, 2021. 

Plaintiff appealed on June 7, 2021. On June 23, 2023, the Eleventh Circuit partially affirmed the District Court’s decision and remanded the case. 71 F.4th 1324. Specifically, the court held that summary judgment was not warranted for the due process claim because Plaintiff had a protected liberty interest grounded in the First Amendment, and a reasonable jury could find that he was not provided any notice of the censoring or of his right to challenge the decisions. The Eleventh Circuit applied the Martinez standard to the due process analysis (instead of Turner), essentially treating emails as similar to written correspondence. Further, the Eleventh Circuit held that qualified immunity barred the damages action, but not the request for declaratory relief. As to the First Amendment claim, the Eleventh Circuit affirmed dismissal. First, it held that the request for damages was barred by qualified immunity. Second, as to injunctive relief, it held that the claim related to the email-contact restriction had been mooted by a change in policy, and the other requested injunctive relief was unrelated to the surviving underlying claims.

On July 14, 2023, Defendants petitioned the Eleventh Circuit for rehearing en banc; however, the court denied the request, and also denied the petition for rehearing before the panel. Plaintiff also requested that the Supreme Court hear the case; however, on April 29, 2024, the Supreme Court declined.

On September 25, 2023, Plaintiff filed a motion for relief from judgment, arguing that the email-contact restriction had been reinstated. The Court granted Plaintiff relief from judgment on October 30, 2023, and reinstated Plaintiff’s earlier First Amendment claim relating to the email-contact restriction policy. 2023 WL 7130850.

Both parties filed motions for summary judgment in September 2024. On November 18, 2024, the court granted Plaintiffs’ motion. 2024 WL 4818330. The court held that Martinez (rather than Turner) governed, and that the email-contact restriction policy violated the First Amendment because it did not further "the substantial governmental interests of security, order, and rehabilitation." The court enjoined Defendants’ enforcement of the email-contact restriction, but permitted the GDC to continue to screen emails, prohibit emails from being sent to multiple recipients at a time, and implement other reasonable measures. As to the due process claim, the court also granted declaratory judgment for the Plaintiff. It held that Plaintiff had a protected liberty interest in outgoing email, and therefore that if the prison screened and censored emails it had to provide notice, an opportunity to be heard, and a neutral decision maker. The court directed the clerk to enter judgment and close the case. 

Defendants appealed in December 2024. The appeal appears to still be pending in the Eleventh Circuit as of April 2025.

Summary Authors

Maddie Mitzner (4/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6631045/parties/benning-v-dozier/

Judge(s)
Attorney for Plaintiff

BENNING, RALPH HARRISON (Georgia)

Attorney for Defendant

ATREOPERSAUD, RODNEY H (Georgia)

CORREIA, CRISTINA M (Georgia)

DAVIDSON, MEGHAN ROBSON (Georgia)

DOBRAS, REBECCA J (Georgia)

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Documents in the Clearinghouse

Document
1

5:18-cv-00087

Complaint

March 9, 2018

March 9, 2018

Complaint
7

5:18-cv-00087

Order and Recommendation

May 11, 2018

May 11, 2018

Order/Opinion

2018 WL 11606302

28

5:18-cv-00087

Amended Complaint

April 5, 2019

April 5, 2019

Complaint
84

5:18-cv-00087

Report and Recommendation

July 16, 2020

July 16, 2020

Magistrate Report/Recommendation

2020 WL 13863424

89

5:18-cv-00087

Order

Sept. 14, 2020

Sept. 14, 2020

Order/Opinion

2020 WL 13863426

90

5:18-cv-00087

Report and Recommendation

Oct. 13, 2020

Oct. 13, 2020

Magistrate Report/Recommendation

2020 WL 9595119

108

5:18-cv-00087

Order Adopting the United States Magistrate Judge's Report and Recommendation

April 30, 2021

April 30, 2021

Order/Opinion

2021 WL 1713333

117

5:18-cv-00087

Opinion

Benning v. Patterson

U.S. Court of Appeals for the Eleventh Circuit

July 7, 2023

July 7, 2023

Order/Opinion

71 F.4th 1324

132

5:18-cv-00087

Order Granting Plaintiff's Motion for Relief

Oct. 30, 2023

Oct. 30, 2023

Order/Opinion

2023 WL 7130850

175

5:18-cv-00087

Order

Benning v. Oliver

Nov. 18, 2024

Nov. 18, 2024

Order/Opinion

2024 WL 4818330

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6631045/benning-v-dozier/

Last updated July 18, 2025, 7:58 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against GREGORY C DOZIER, GEORGIA DEPARTMENT OF CORRECTIONS INMATE EMAIL CENSOR,filed by RALPH HARRISON BENNING. (Attachments: # 1 Envelope)(vs) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

Clearinghouse
2

MOTION for Leave to Proceed in forma pauperis Filed by RALPH HARRISON BENNING. Motion(s) referred to CHARLES H WEIGLE.(vs) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
3

ORDER REFERRING CASE to Magistrate Judge issued at the direction of the Court. (vs) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
4

Consent Form (28 USC 636(c)(1)) sent to RALPH HARRISON BENNING (vs) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER

Case REASSIGNED to US DISTRICT JUDGE TILMAN E SELF, III. US DISTRICT JUDGE LESLIE J ABRAMS no longer assigned to the case. (ans)

March 23, 2018

March 23, 2018

PACER
5

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff is Ordered to pay an initial partial filing fee in the amount of $8.33. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 03/30/18 (ans) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER
6

MOTION for Extension of Time to Pay Filing Fee. Filed by RALPH HARRISON BENNING. (Attachments: # 1 Cover Letter, # 2 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER

Filing fee Paid: Initial Partial Filing Fee $10.00. Receipt number GAM500027881. (vs)

April 27, 2018

April 27, 2018

PACER
7

ORDER denying as MOOT 6 MOTION for Extension of Time to File to Pay Filing Fee filed by RALPH HARRISON BENNING; REPORT AND RECOMMENDATION re 1 Complaint filed by RALPH HARRISON BENNING. Plaintiff may proceed with his First Amendment claim against Defendant Dozier in his official capacity. It is RECOMMENDED that Plaintiffs claims against Defendant Georgia Department of Corrections Inmate Email Censor be dismissed without prejudice.ORDER Directing Service as to Defendant DOZIER. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 5/11/2018. (ggs) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

Clearinghouse
8

USM 285 Process Receipt and Return ISSUED for GREGORY C DOZIER (ggs) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
9

USM 285 Process Receipt and Return MAILED for GREGORY C DOZIER (ans) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
10

MOTION for Extension of Time to File OBJECTION as to 7 Report and Recommendation Filed by RALPH HARRISON BENNING. (Attachments: # 1 Exhibit Map of prison cell, # 2 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
11

ORDER DENYING 10 Motion for 90-Day Extension of Time to File OBJECTION. The Court will, instead, GRANT a shorter extension and allow Plaintiff to file any objection on or before July 6, 2018 re 7 Report and Recommendation Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 05/25/18 (ans) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
12

MOTION for Reconsideration re 11 Order on Motion for Extension of Time to File Response/Reply, Filed by RALPH HARRISON BENNING. (Attachments: # 1 Envelope)(ans) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
13

WAIVER OF SERVICE Returned Executed by GREGORY C DOZIER. as to GREGORY C DOZIER (DAVIDSON, MEGHAN) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
14

ANSWER to 1 Complaint by GREGORY C DOZIER. Related document: 1 Complaint filed by RALPH HARRISON BENNING.(DAVIDSON, MEGHAN) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
15

ORDER ADOPTING Order and Recommendation 7 and MAKES IT THE ORDER OF THE COURT; Plaintiffs Motion for Reconsideration 12 is DENIED and Plaintiffs claims against Georgia Department of Corrections Inmate Email Censor are DISMISSED without prejudice. Plaintiffs First Amendment claims against Defendants Dozier and the Georgia Department of Corrections may proceed. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 7/17/2018. (chc) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
16

AMENDED ORDER to remove Georgia Department of Corrections from text of 15 Order. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 7/18/2018. (chc) (Entered: 07/18/2018)

July 18, 2018

July 18, 2018

PACER
17

NOTICE of Attorney Appearance by REBECCA J DOBRAS on behalf of GREGORY C DOZIER Attorney REBECCA J DOBRAS added to party GREGORY C DOZIER(pty:dft) (DOBRAS, REBECCA) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
18

NOTICE of Adscititious Information by RALPH HARRISON BENNING (Attachments: # 1 Exhibit A - Email, # 2 Cover Letter, # 3 Envelope)(ans) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
19

MOTION to Amend 1 Complaint Filed by RALPH HARRISON BENNING. (Attachments: # 1 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
20

MOTION to Stay to Exhaust Plaintiff's Administrative Remedies. Filed by RALPH HARRISON BENNING. (Attachments: # 1 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
21

MOTION to Stay PROCEEDINGS AND TO EXTEND THE TIME FOR FILING DISPOSITIVE MOTIONS by GREGORY C DOZIER filed by REBECCA J DOBRAS. Motion(s) referred to CHARLES H WEIGLE.(DOBRAS, REBECCA). Added MOTION for Extension of Time to File Dispositive Motions on 10/25/2018 (ans). (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

PACER
22

Letter from RALPH H. BENNING regarding status of motions re 19 MOTION to Amend/Correct 1 Complaint, 20 MOTION to Stay this action (Attachments: # 1 Envelope)(ggs) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
23

ORDER granting 20 Motion to Stay; granting 21 Motion to Stay; It is ORDERED that proceedings in this action are STAYED until February 4, 2019; 19 Motion to Amend is terminated, subject to Plaintiff's future right to amend following the completion of the prison grievance process, a process that Plaintiff states should be concluded by January 22, 2019. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 10/31/18 (ans) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER
24

MOTION to Extend Stay and for Limited Discovery Filed by RALPH HARRISON BENNING. (Attachments: # 1 Cover Letter, # 2 Exhibit 1 - Letter to Rebecca J. Dobras from Plaintiff dated 11/04/18, # 3 Exhibit 2 - Letter to Rebecca J. Dobras from Plaintiff dated 11/12/18, # 4 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
25

ORDER granting in part and denying in part 24 Motion to Stay. On reconsideration of Plaintiffs motion to amend, it is ORDERED that Margaret Patterson and Jennifer Edgar be added as Defendants, and that service be made on these parties at the address provided by Plaintiff: Georgia Department of Corrections, 300 Patrol Rd., Forsyth, GA 31029 Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 03/29/19 (ans) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER
26

USM 285 Process Receipt and Return ISSUED for MARGARET PATTERSON, JENNIFER EDGAR (Attachments: # 1 USM 285 JENNIFER EDGAR)(ans) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER
27

USM 285 Process Receipt and Return MAILED for JENNIFER EDGAR, MARGARET PATTERSON (Attachments: # 1 USM 285 Margaret Patterson)(vs) (Entered: 04/03/2019)

April 3, 2019

April 3, 2019

PACER
28

AMENDED 1 Complaint against GREGORY C DOZIER, JENNIFER EDGAR, GEORGIA DEPARTMENT OF CORRECTIONS INMATE EMAIL CENSOR, MARGARET PATTERSON by RALPH HARRISON BENNING (Attachments: # 1 Notice of filing Amended Complaint, # 2 Envelope)(vs) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

Clearinghouse
29

USM 285 Process Receipt and Return UNEXECUTED for MARGARET PATTERSON (ans) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
30

USM 285 Process Receipt and Return ISSUED for PERSONAL SERVICE for MARGARET PATTERSON (ans) (Entered: 04/22/2019)

April 22, 2019

April 22, 2019

PACER
31

USM 285 Process Receipt and Return assigned to deputy for PERSONAL service for MARGARET PATTERSON (ans) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
32

USM 285 Process Receipt and Return EXECUTED for MARGARET PATTERSON (vs) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
33

WAIVER OF SERVICE Returned Executed by JENNIFER EDGAR. as to JENNIFER EDGAR (ATREOPERSAUD, RODNEY) (Entered: 05/08/2019)

May 8, 2019

May 8, 2019

PACER
34

MOTION to Set Aside Default by GREGORY C DOZIER filed by RODNEY H ATREOPERSAUD.. Motion(s) referred to CHARLES H WEIGLE.(ATREOPERSAUD, RODNEY) (Entered: 05/08/2019)

May 8, 2019

May 8, 2019

PACER
35

ANSWER to 28 Amended Complaint/Petition by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON with Jury Demand. Related document: 28 Amended Complaint/Petition filed by RALPH HARRISON BENNING.(ATREOPERSAUD, RODNEY)Attorney RODNEY H ATREOPERSAUD added to party MARGARET PATTERSON(pty:dft) (Entered: 05/08/2019)

May 8, 2019

May 8, 2019

PACER
36

RESPONSE filed by RALPH HARRISON BENNING re 34 MOTION to Set Aside Default (Attachments: # 1 Envelope)(ans) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
37

ORDER granting 34 Motion to Set Aside Default. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 05/23/19 (ans) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER
38

MOTION for Extension of Time to Complete Discovery Filed by RALPH HARRISON BENNING. (Attachments: # 1 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER
39

MOTION to Compel Discovery Filed by RALPH HARRISON BENNING. (Attachments: # 1 Affidavit, # 2 Letter to Mr. Rodney Atreopersaud from Ralph H. Benning dated 06/07/19, # 3 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
40

RESPONSE filed by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON re 39 MOTION to Compel (Attachments: # 1 Exhibit Index)(ATREOPERSAUD, RODNEY) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
41

MOTION for Extension of Time to File Dispositive Motions. by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON filed by RODNEY H ATREOPERSAUD. (Attachments: # 1 Proposed Order). Motion(s) referred to CHARLES H WEIGLE.(ATREOPERSAUD, RODNEY) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
42

REPLY to Response filed by RALPH HARRISON BENNING re 39 MOTION to Compel (Attachments: # 1 Envelope)(vs) (Entered: 07/17/2019)

July 17, 2019

July 17, 2019

PACER
43

MOTION to Withdraw as Attorney by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON filed by REBECCA J DOBRAS.. Motion(s) referred to CHARLES H WEIGLE.(DOBRAS, REBECCA) (Entered: 08/21/2019)

Aug. 21, 2019

Aug. 21, 2019

PACER

Notice of Deficiency (related document(s): 43 Motion to Withdraw as Attorney filed by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON ); Pursuant to Local Rule 83.1.4, it is not necessary for a government attorney to file a Motion to Withdraw.(ans)

Aug. 22, 2019

Aug. 22, 2019

PACER

NOTICE OF SETTING HEARING ON MOTION re 41 MOTION for Extension of Time to File Dispositive Motions: Motion Hearing set for 9/12/2019 01:30 PM in Macon before US MAGISTRATE JUDGE CHARLES H WEIGLE. (cma)

Aug. 28, 2019

Aug. 28, 2019

PACER
44

ORDER to Produce State Prisoner Ralph Harrison Benning, GDC 427174 for Federal Hearing on 09/12/2019, 01:30 P.M. in Macon, Georgia. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 08/28/2019. (cma) (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
47

Minute Entry for proceedings held before US MAGISTRATE JUDGE CHARLES H WEIGLE: Motion Hearing held on 9/12/2019 re 39 MOTION to Compel filed by RALPH HARRISON BENNING (Court Reporter Darlene Fuller.) Court Reporter: Darlene Fuller.Time in Court: 1:06. (cma) (Entered: 09/16/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
45

RESPONSE in Opposition re Notice of Hearing on Motion, (ATREOPERSAUD, RODNEY) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER
46

ORDER granting 38 Motion for Extension of Time to Complete Discovery (Discovery to be complete by 11/4/2019, Dispositive motions due by 12/4/2019); granting in part 39 Motion to Compel; granting 41 Motion for Extension of Time to file dispositive motions. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 09/13/19 (ans) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER

***DISREGARD - COUNSEL WAS INSTRUCTED TO FILE THE ATTACHED DOCUMENTS AT THE 09/12/19 MOTION HEARING*** Notice of Deficiency (related document(s): 45 RESPONSE in Opposition - Unrelated to a Motion filed by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON ); Pursuant to Local Rule 5.1 Discovery is not filed in the Middle District of Georgia. (ans) Modified on 9/16/2019 (ans).

Sept. 16, 2019

Sept. 16, 2019

PACER
48

Letter from RALPH H BENNING to U.S. Magistrate Judge Charles H. Weigle regarding appearance in court on 09/12/19 (Attachments: # 1 Envelope)(ans) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
49

NOTICE of Harassment and Retaliation by RALPH HARRISON BENNING (Attachments: # 1 Envelope)(ans) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
50

NOTICE of Hunger Strike by RALPH HARRISON BENNING (Attachments: # 1 Exhibit 1 - Notice of Hunter Strike to Prison Officials, # 2 Exhibit 2 - In Re: Hunger Strike to End Criminal Gang Safe Haven, # 3 Cover Letter, # 4 Envelope)(ans) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER
51

MOTION for Extension of Time to Complete Discovery Filed by RALPH HARRISON BENNING. (Attachments: # 1 Envelope). Motion(s) referred to CHARLES H WEIGLE.(vs) (Entered: 11/07/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER
52

NOTICE of Change of Address (Attachments: # 1 Envelope)(vs) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER
53

ORDER granting 51 Motion for Extension of Time to Complete Discovery. The discovery period shall be extended by an additional 45 days, to conclude on December 19, 2019. Dispositive motions shall be due on January 20, 2020; ORDER for defendants to respond and either show that they have have fully complied with the Courts Order 46 of September 13, 2019, or SHOW CAUSE why they should not be sanctioned pursuant to Rule 37(b) of the Federal Rules of Civil Procedure, for failure to comply with a court order. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 11/22/19. (ans) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
54

RESPONSE TO ORDER TO SHOW CAUSE by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON (ATREOPERSAUD, RODNEY) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
55

EXHIBIT(S) Discovery Responses by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON re 54 Response to Order to Show Cause (ATREOPERSAUD, RODNEY) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
56

RESPONSE in Opposition re 54 Response to Order to Show Cause/Plaintiff's Objections to the Defendants Objections and Responses to the Court's Order Compelling Production of Documents (Attachments: # 1 Envelope)(ans) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
57

SUPPLEMENT by RALPH HARRISON BENNING to 50 Notice of Hunger Strike (ans) (Entered: 12/09/2019)

Dec. 9, 2019

Dec. 9, 2019

PACER
58

MOTION for Extension of Time to Complete Discovery Filed by RALPH HARRISON BENNING. (Attachments: # 1 Letter, # 2 Letter, # 3 Envelope). Motion(s) referred to CHARLES H WEIGLE.(vs) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

PACER
59

NOTICE of Change of Address (Attachments: # 1 Envelope)(vs) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

PACER
60

ORDER granting 58 Motion for Extension of Time to Complete DiscoveryDiscovery to be complete by 1/29/2020. Dispositive motions due by 2/28/2020. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 12/30/19 (ans) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
61

MOTION for Citation of Contempt Filed by RALPH HARRISON BENNING. (Attachments: # 1 Exhibit 1 - Letter from Ralph Benning to Rodney Atreopersaud dated 12/02/19, # 2 Exhibit 2 - Letter from Ralph Benning to Rodney Atreopersaud dated 01/06/20, # 3 Exhibit 3 - List of inmate emails from 08/08/16 - 12/31/17, # 4 Exhibit 4 - Jpay, # 5 Exhibit 5, # 6 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER
62

RESPONSE filed by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON re 61 MOTION for Citation of Contempt (ATREOPERSAUD, RODNEY) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
63

REPLY to Response filed by RALPH HARRISON BENNING re 61 MOTION for Citation of Contempt (Attachments: # 1 Affidavit, # 2 Envelope)(ans) (Entered: 02/13/2020)

Feb. 13, 2020

Feb. 13, 2020

PACER

NOTICE RE FILING IN PROPER DIVISION: Your documents were sent to a division other than the division where your case is pending. Although not required, in order to expedite filing we recommend you send documents to the division where your case is pending. Please send all future documents to: U.S. District Court, P. O. Box 128, Macon GA 31202. (ans)

Feb. 13, 2020

Feb. 13, 2020

PACER
64

MOTION for Summary Judgment by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON filed by RODNEY H ATREOPERSAUD. (Attachments: # 1 Brief In Support, # 2 Statement of Material Facts, # 3 A Benning Deposition, # 4 B Wallace Declaration, # 5 C Edgar Declaration, # 6 D Patterson Declaration). Motion(s) referred to CHARLES H WEIGLE.(ATREOPERSAUD, RODNEY) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
65

MOTION to Amend 1 Complaint Filed by RALPH HARRISON BENNING. (Attachments: # 1 Affidavit Ralph Benning, # 2 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

PACER
66

NOTICE to Pro Se Party of Motion for Summary Judgment re: 64 MOTION for Summary Judgment. (ans) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

PACER
67

ORDER for Defendants to file all discovery provided to Plaintiff Benning throughout this litigation for the Courts review. Defendants may also file, contemporaneously with the ordered discovery, a surreply responsive to Plaintiffs reply and motion for contempt. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 03/10/20. (ans) (Entered: 03/10/2020)

March 10, 2020

March 10, 2020

PACER
68

MOTION to Stay of the Defendants' 64 Motion for Summary Judgment Filed by RALPH HARRISON BENNING. (Attachments: # 1 Envelope). Motion(s) referred to CHARLES H WEIGLE.(vs) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
69

ORDER granting 68 Motion to Stay construed as a Motion for Extension of Time. Plaintiff will have 30 days from the date on which a ruling is issued as to the pending motion for contempt, or as otherwise specified in that ruling, to file a response to Defendants summary judgment motion. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 03/18/20 (ans) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
70

MOTION for Extension of Time to File To File Surreply. by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON filed by RODNEY H ATREOPERSAUD. (Attachments: # 1 Exhibit Documents Produced to Plaintiff Bates Numbered 1-294, # 2 Exhibit Documents Produced to Plaintiff Bates Numbered 284-588, # 3 Exhibit Documents Produced to Plaintiff Bates Numbered 589-716, # 4 Proposed Order Order Granting Ten (10) Day Extension to File Surreply). Motion(s) referred to CHARLES H WEIGLE.(ATREOPERSAUD, RODNEY) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

PACER
71

ORDER granting 70 Motion for Extension of Time. Defendants are ORDERED to refile unreadable discovery documents filed along with 70 Motion for Extension of Time in a readable format. Defendants may, alternatively, file hard copies with the court. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 03/25/20 (ans) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER
72

SUPPLEMENT TO MOTION/AMENDED MOTION Amending 61 MOTION for Citation of Contempt Filed by RALPH HARRISON BENNING. (Attachments: # 1 Envelope)(ans) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
73

SURREPLY filed by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON re 61 MOTION for Citation of Contempt (Attachments: # 1 Exhibit Documents Produced to Plaintiff Bates Numbered 0001-0294, # 2 Exhibit Documents Produced to Plaintiff Bates Numbered 0589-0716, # 3 Exhibit Documents Produced to Plaintiff Bates Numbered 0716-757, # 4 Exhibit Documents Produced to Plaintiff Bates Numbered 0758-0807, # 5 Exhibit Documents Produced to Plaintiff Bates Numbered 0808-0857, # 6 Exhibit Documents Produced to Plaintiff Bates Numbered 0858-0907, # 7 Exhibit Documents Produced to Plaintiff Bates Numbered 0908-0957, # 8 Exhibit Documents Produced to Plaintiff Bates Numbered 0958-1007, # 9 Exhibit Documents Produced to Plaintiff Bates Numbered 1008-1057, # 10 Exhibit Documents Produced to Plaintiff Bates Numbered 1058-1107, # 11 Exhibit Documents Produced to Plaintiff Bates Numbered 1108-1145)(ATREOPERSAUD, RODNEY) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
74

ORDER denying 61 Motion for contempt; granting 65 Motion to Amend/Correct; denying 72 Amended Motion. As stated in the Courts previous order, 69, Plaintiff has 30 days from the date of this order to file a response to the pending summary judgment motion in this case. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 04/05/2020 (vs) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
75

AMENDED 1 Complaint against All Defendants by RALPH HARRISON BENNING (Attachments: # 1 Attachment A-Parties to Previous Lawsuit, # 2 Attachment B, # 3 Attachment C, # 4 Attachment D, # 5 Envelope)(tam) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
76

RESPONSE filed by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON re 65 MOTION to Amend/Correct 1 Complaint (ATREOPERSAUD, RODNEY) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
77

NOTICE of Opposition by RALPH HARRISON BENNING re 76 Response to 65 MOTION to Amend/Correct 1 Complaint (Attachments: # 1 Envelope)(ans) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
78

MOTION for Extension of Time to File RESPONSE as to 64 MOTION for Summary Judgment Filed by RALPH HARRISON BENNING. (Attachments: # 1 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
79

ORDER granting 78 Motion for Extension of Time to File RESPONSE re 64 MOTION for Summary Judgment Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 05/07/20 (ans) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
80

RESPONSE filed by RALPH HARRISON BENNING re 64 MOTION for Summary Judgment (Attachments: # 1 Plaintiff's Response to the Defendants' Motion for Summary Judgment, # 2 Standard Operating Procedures, # 3 Letter from Heather Grau to Ralph Harrison Benning dated 07/11/19, # 4 Letter to Heather Grau dated 07/17/19 from Ralph Harrison Benning, # 5 Affidavit Ralph Harrison Benning, # 6 William M. Taylor, # 7 Cover Letter, # 8 Certificate of Service)(ans) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
81

MOTION for Leave to File Excess Pages for response to 64 Motion for Summary Judgment Filed by RALPH HARRISON BENNING. Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER
82

ORDER granting 81 Motion for Leave to File Excess Pages Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 05/21/20 (ans) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
83

REPLY to Response filed by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON re 64 MOTION for Summary Judgment (ATREOPERSAUD, RODNEY) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
84

REPORT AND RECOMMENDATION re 64 MOTION for Summary Judgment filed by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 07/16/2020. (tam) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

Clearinghouse
85

MOTION for Extension of Time to File an Objection to the 84 Report & Recommendation. Filed by RALPH HARRISON BENNING. (Attachments: # 1 Envelope). Motion(s) referred to CHARLES H WEIGLE.(tam) (Entered: 08/04/2020)

July 31, 2020

July 31, 2020

PACER
86

This is a text only entry; no document issued. ORDER granting 85 Motion for Extension of Time. Objections are due by 9/8/2020. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 8/5/2020. (ldw) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER

Order on Motion for Extension of Time (Misc)

Aug. 5, 2020

Aug. 5, 2020

PACER
87

OBJECTION to 84 Report and Recommendations filed by RALPH HARRISON BENNING (Attachments: # 1 Statement of Material Facts, # 2 Brief in Support, # 3 Cover Letter, # 4 Envelope)(tam) (Entered: 08/31/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
88

MOTION for Video Remote Hearing re 84 REPORT AND RECOMMENDATION re 64 MOTION for Summary Judgment filed by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON, 87 Objection to Report and Recommendations. Filed by RALPH HARRISON BENNING. (Attachments: # 1 Cover Letter, # 2 Envelope). Motion(s) referred to CHARLES H WEIGLE.(tam) (Entered: 08/31/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER

This is a text only entry; no document issued. ORDER denying 88 Motion for Hearing on 84 Report and Recommendation. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 9/3/2020 (TES)

Sept. 3, 2020

Sept. 3, 2020

PACER

Order on Motion for Hearing

Sept. 3, 2020

Sept. 3, 2020

PACER
89

ORDER recommitting 84 Report and Recommendation. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 9/14/2020. (ech) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

Clearinghouse
90

REPORT AND RECOMMENDATION re 64 MOTION for Summary Judgment filed by GREGORY C DOZIER, JENNIFER EDGAR, MARGARET PATTERSON Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 10/13/2020. (tam) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

Clearinghouse
91

MOTION for Extension of Time to File to File Objection to 90 REPORT AND RECOMMENDATION. Filed by RALPH HARRISON BENNING. (Attachments: # 1 Envelope). Motion(s) referred to CHARLES H WEIGLE.(tam) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER

Case Details