Case: Johnson v. Wathen

Johnson v. Doe

Johnson v. Doe

U.S. Court of Appeals for the Fifth Circuit

Johnson v. Doe

U.S. District Court for the Southern District of Texas

Johnson v. Johnson

No Court

Johnson v. Johnson

Johnson v. Johnson

No Court

Johnson v. Johnson

No Court

Johnson v. Johnson

Johnson v. Johnson

U.S. Court of Appeals for the Fifth Circuit

Prisoner Civil Rights COMPLAINT filed; Filing Fee $ 150.00 Receipt # 36938 Date Received: 4/18/02 (ttm) (Entered: 04/18/2002)

MOTION by plaintiff Roderick Keith Johnson for leave to proceed without local counsel (ttm) (Entered: 04/18/2002)

SUMMONS(ES) issued for defendants Gary NMN Johnson, Robert R Treon, Richard E Wathen, James D Mooneyham, NFN Norwood, NFN Bright, NFN Kuyava, NFN Vitolo, Vikki D Wright, NFN Boyle, NFN Bowman, NFN Willingham, NFN Paul, NFN Rangel, NFN Taylor (Issued-15) (ttm) (Entered: 04/18/2002)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Paul Stickney (ttm)

MOTION by plaintiff Roderick Keith Johnson for Craig Cowie to appear pro hac vice (eat) (Entered: 04/24/2002)

ORDER granting [4-1] motion for Craig Cowie to appear pro hac vice ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 4/24/02 Page(s) 2 (eat) (Entered: 04/24/2002)

MOTION by plaintiff Roderick Keith Johnson for Margaret Winter to appear pro hac vice (eat) (Entered: 04/24/2002)

ORDER granting [5-1] motion for Margaret Winter to appear pro hac vice ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 4/24/02 Page(s) 2 (eat) (Entered: 04/24/2002)

MOTION by plaintiff Roderick Keith Johnson for Amy Fettig to appear pro hac vice (eat) (Entered: 06/07/2002)

ORDER granting [6-1] motion for Amy Fettig to appear pro hac vice ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 6/7/02 Page(s) 3 (eat) (Entered: 06/07/2002)

NOTICE of attorney appearance for plaintiff Roderick Keith Johnson by Amy Fettig (eat) (Entered: 07/02/2002)

CERTIFICATE OF INTERESTED PERSONS by defendants (ttm) (Entered: 07/09/2002)

DEMAND for jury trial by defendants (ttm) (Entered: 07/09/2002)

NOTICE of Service of Motion by defendants (ttm) (Entered: 07/10/2002)

NOTICE of PRESENTMENT OF MOTION AND BRIEF IN SUPPORT OF PARTIAL MOTION TO DISMISS TO PLAINTIFF FOR JOINT SUBMISSION by defendant Gary NMN Johnson (eat) (Entered: 07/22/2002)

NOTICE of PRESENTMENT OF MOTION AND BRIEF IN SUPPORT OF PARTIAL MOTION FOR JUDGMENT ON THE PLEADINGS TO DISMISS PLAINTIFF'S EQUAL PROTECTION CLAIMS TO PLAINTIFF FOR JOINT SUBMISSION by defendant Gary NMN Johnson (ttm) (Entered: 07/24/2002)

NOTICE of PRESENTMENT OF MOTION AND BRIEF IN SUPPORT OF PARTIAL MOTION FOR JUDGMENT ON THE PLEADINGS TO DISMISS PLAINTIFF'S EQUAL PROTECTION CLAIMS TO PLAINTIFF FOR JOINT SUBMISSION by defendant Gary NMN Johnson (ttm) (Entered: 07/25/2002)

SCHEDULING ORDER setting Docket call set for 5/5/03 ; Amending of Pleadings on 11/6/02 ; Deadline for filing of dispositive motions 1/6/03 ; Discovery cutoff 12/20/02 ; Pretrial materials due on 4/11/03 Pretrial conference for 9:00 5/5/03 ; ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 7/31/02 Page(s): 11 (ttm) (Entered: 07/31/2002)

JOINT STATUS REPORT ORDER. Joint Status report due on 9/27/02 ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 7/31/02 Page(s): 11 (ttm) (Entered: 07/31/2002)

NOTICE of PRESENTMENT RE: PLAINTIFF'S REPLY TO DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AGAINST THEM IN THEIR OFFICIAL CAPACITY by plaintiff Roderick Keith Johnson (ttm) (Entered: 08/01/2002)

ORDER REGARDING JUDGE BUCHMEYER'S SCHEDULING ORDER...see order for specifics. ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 8/6/02 Page(s) 2 (ttm) (Entered: 08/06/2002)

Letter confirming extension of time by plaintiff, defendant, Response to motion for judgment on the pleadings deadling extended to 8/19/02 (ttm)

NOTICE of Presentment re: Plaintiff's Reply to Motion by Defendant to Dismiss by plaintiff Roderick Keith Johnson (ttm) (Entered: 08/12/2002)

JOINT MOTION SUBMISSION to dismiss for failure to state a claim by plaintiff, defendants (ttm) (Entered: 08/14/2002)

NOTICE of PRESENTMENT RE: PLEADINGS DISPUTE NO. 4 - PLAINTIFF'S REPLY TO DEFENDANTS ROBERT TREON AND VIKKI WRIGHT'S PARTIAL MOTION FOR JUDGMENT ON THE PLEADINGS TO DISMISS PLAINTIFF'S EQUAL PROTECTION CLAIMS by plaintiff Roderick Keith Johnson (eat) (Entered: 08/20/2002)

NOTICE of PRESENTMENT RE: PLEADINGS DISPUTE NO. 3 - PLAINTIFF'S REPLY TO DEFENDANT GARY JOHNSON'S PARTIAL MOTION FOR JUDGMENT ON THE PLEADINGS TO DISMISS PLAINTIFF'S EQUAL PROTECTION CLAIMS by plaintiff Roderick Keith Johnson (eat) (Entered: 08/20/2002)

JOINT MOTION SUBMISSION to dismiss by plaintiff, defendants (ttm) (Entered: 08/21/2002)

MOTION FOR MODIFICATION OF THE SCHEDULING ORDER by plaintiff Roderick Keith Johnson to extend time for filing designation of Plaintiff's Experts (ttm) (Entered: 08/22/2002)

NOTICE of initial disclosure by defendants (ttm) (Entered: 08/26/2002)

ORDER denying [22-1] motion to extend time for filing designation of Plaintiff's Experts ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 8/29/02 Page(s) 1 (ttm) (Entered: 08/29/2002)

JOINT MOTION SUBMISSION for partial judgment on the pleadings to dismiss plaintiff's equal protection by plaintiff Roderick Keith Johnson, defendant Gary NMN Johnson (ttm) (Entered: 09/03/2002)

JOINT MOTION SUBMISSION for judgment on the pleadings to dismiss plaintiff's equal protection by plaintiff Roderick Keith Johnson, defendant Robert R Treon, defendant Vikki D Wright (ttm) (Entered: 09/03/2002)

NOTICE of First Supplemental Disclosure by defendant (ttm) (Entered: 09/12/2002)

Letter confirming extension of time by plaintiff, defendants, reset status report due for 10/4/02 (ttm)

ORDER granting in part, denying in part [21-1] joint motion to dismiss, granting in part, denying in part [18-1] joint motion to dismiss for failure to state a claim...all claims for monetary damages against defendants in their official capacity are DISMISSED. IT IS FURTHER ORDERED that Defendants' motions to dismiss official cpacity claims for injunctive relief are DENIED ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 9/24/02 Page(s) 3 (ttm) (Entered: 09/24/2002)

NOTICE of Second Supplemental Disclosure by defendants (ttm) (Entered: 09/25/2002)

MOTION by defendants for leave to take plaintiff's deposition (ttm) (Entered: 09/26/2002)

MEMORANDUM by defendant in support of [30-1] motion for leave to take plaintiff's deposition (ttm) (Entered: 09/26/2002)

ORDER granting [30-1] motion for leave to take plaintiff's deposition ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 9/26/02 Page(s) 1 (ttm) (Entered: 09/26/2002)

NOTICE of PRESENTMENT OF MOTION AND BRIEF IN SUPPORT OF PARTIAL MOTION TO DISMISS FOR FAILURE TO EXHAUST AND MOTIONS FOR JUDGMENT ON THE PLEADINGS TO DISMISS TO PLAINTIFF FOR JOINT SUBMISSION by defendant Gary NMN Johnson, defendant Robert R Treon, defendant Richard E Wathen, defendant James D Mooneyham, defendant NFN Norwood, defendant NFN Bright, defendant NFN Kuyava, defendant NFN Vitolo, defendant Vikki D Wright, defendant NFN Boyle, defendant NFN Bowman, defendant NFN Willingham, defendant NFN Paul, defendant NFN Rangel, defendant NFN Taylor, defendant John Doe #1, defendant John Doe #2, defendant John Doe #3, defendant John Doe #4, defendant John Doe #5 (eat) (Entered: 10/03/2002)

NOTICE of THIRD SUPPLEMENTAL DISCLOSURE by defendants (ttm) (Entered: 10/04/2002)

DISCOVERY DISPUTE NO. 1 MOTION by plaintiff Roderick Keith Johnson to compel discovery (ttm) (Entered: 10/04/2002)

Motion(s) referred: [35-1] motion to compel discovery referred to Magistrate Judge Paul D. Stickney (eat)

CORRECTED JOINT MOTION SUBMISSION regarding the equal protection claim against defendant Gary Johnson in his individual capacity by defendant Gary NMN Johnson (ttm) (Entered: 10/07/2002)

JOINT STATUS REPORT by plaintiff Roderick Keith Johnson, defendant Gary NMN Johnson, defendant Robert R Treon, defendant Richard E Wathen, defendant James D Mooneyham, defendant NFN Norwood, defendant NFN Bright, defendant NFN Kuyava, defendant NFN Vitolo, defendant Vikki D Wright, defendant NFN Boyle, defendant NFN Bowman, defendant NFN Willingham, defendant NFN Paul, defendant NFN Rangel, defendant NFN Taylor, defendant John Doe #1, defendant John Doe #2, defendant John Doe #3, defendant John Doe #4, defendant John Doe #5 (eat) (Entered: 10/15/2002)

Designation of Experts by plaintiff Roderick Keith Johnson (eat) (Entered: 10/18/2002)

NOTICE of FOURTH SUPPLEMENTAL DISCLOSURE by defendants (ttm) (Entered: 10/23/2002)

RESPONSE by defendant Gary NMN Johnson, defendant Robert R Treon, defendant Richard E Wathen, defendant James D Mooneyham, defendant NFN Norwood, defendant NFN Bright, defendant NFN Kuyava, defendant NFN Vitolo, defendant Vikki D Wright, defendant NFN Boyle, defendant NFN Bowman, defendant NFN Willingham, defendant NFN Paul, defendant NFN Rangel, defendant NFN Taylor to [35-1] motion to compel discovery (ttm) (Entered: 10/24/2002)

NOTICE OF PRESENTMENT RE: PLEADINGS DISPUTE NO. 5 by plaintiff Roderick Keith Johnson (ttm) (Entered: 10/25/2002)

MOTION by plaintiff Roderick Keith Johnson to Take Depositions (ttm) (Entered: 10/28/2002)

UNOPPOSED MOTION by defendants for Psychiatric Exam of Plaintiff pursuant to FRCP 35 (ttm) (Entered: 10/30/2002)

MEMORANDUM by defendant in support of [43-1] motion for Psychiatric Exam of Plaintiff pursuant to FRCP 35 (ttm) (Entered: 10/30/2002)

Designation of Experts by plaintiff Roderick Keith Johnson, defendant Gary NMN Johnson, defendant Robert R Treon, defendant Richard E Wathen, defendant James D Mooneyham, defendant NFN Norwood, defendant NFN Bright, defendant NFN Kuyava, defendant NFN Vitolo, defendant Vikki D Wright, defendant NFN Boyle, defendant NFN Bowman, defendant NFN Willingham, defendant NFN Paul, defendant NFN Rangel, defendant NFN Taylor, defendant John Doe #1, defendant John Doe #2, defendant John Doe #3, defendant John Doe #4, defendant John Doe #5 (eat) (Entered: 11/06/2002)

REPLY by plaintiff Roderick Keith Johnson to response to [35-1] motion to compel discovery (eat) (Entered: 11/08/2002)

JOINT MOTION SUBMISSION to dismiss by plaintiff, defendants (ttm) (Entered: 11/12/2002)

NOTICE of FIFTH SUPPLEMENTAL DISCLOSURE by defendant Gary NMN Johnson, defendant Robert R Treon, defendant Richard E Wathen, defendant James D Mooneyham, defendant NFN Norwood, defendant NFN Bright, defendant NFN Kuyava, defendant NFN Vitolo, defendant Vikki D Wright, defendant NFN Boyle, defendant NFN Bowman, defendant NFN Willingham, defendant NFN Paul, defendant NFN Rangel, defendant NFN Taylor (ttm) (Entered: 11/12/2002)

NOTICE of SIXTH SUPPLEMENTAL DISCLOSURE by defendant Gary NMN Johnson, defendant Robert R Treon, defendant Richard E Wathen, defendant James D Mooneyham, defendant NFN Norwood, defendant NFN Bright, defendant NFN Kuyava, defendant NFN Vitolo, defendant Vikki D Wright, defendant NFN Boyle, defendant NFN Bowman, defendant NFN Willingham, defendant NFN Paul, defendant NFN Rangel, defendant NFN Taylor (ttm) (Entered: 11/12/2002)

Agreement Letter filed by plaintiff, defendants (ttm) (Entered: 11/15/2002)

ORDER granting [42-1] motion to Take Depositions. Plaintiff is specifically granted leave to take the following depositions: all Defendants (15) and any expert or experts designated by Defendants ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 11/19/02 Page(s) 1 (eat) (Entered: 11/19/2002)

NOTICE of SEVENTH SUPPLEMENTAL DISCLOSURE by defendant Gary NMN Johnson, defendant Robert R Treon, defendant Richard E Wathen, defendant James D Mooneyham, defendant NFN Norwood, defendant NFN Bright, defendant NFN Kuyava, defendant NFN Vitolo, defendant Vikki D Wright, defendant NFN Boyle, defendant NFN Bowman, defendant NFN Willingham, defendant NFN Paul, defendant NFN Rangel, defendant NFN Taylor (ttm) (Entered: 11/25/2002)

ORDER granting [43-1] motion for Psychiatric Exam of Plaintiff pursuant to FRCP 35 ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 12/3/02 Page(s) 1 (ttm) (Entered: 12/03/2002)

MOTION by defendant Gary NMN Johnson for expedited ruling on his motion for protective order (ttm) (Entered: 12/05/2002)

(DISCOVERY DISPUTE NO. 2) MOTION by defendant Gary NMN Johnson for protective order (ttm) (Entered: 12/05/2002)

MEMORANDUM by defendant Gary NMN Johnson in support of [55-1] motion for protective order (ttm) (Entered: 12/05/2002)

Motion(s) referred: [55-1] motion for protective order referred to Magistrate Judge Paul D. Stickney, [54-1] motion for expedited ruling on his motion for protective order referred to Magistrate Judge Paul D. Stickney (eat)

ORDER granting [2-1] motion for leave to proceed without local counsel ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 12/11/02 Page(s) 1 (eat) (Entered: 12/11/2002)

ORDER granting [55-1] motion for protective order, granting [54-1] motion for expedited ruling on his motion for protective order ( Signed by Magistrate Judge Irma C. Ramirez ) Copies to counsel: 12/12/02 Page(s) 2 (ttm) (Entered: 12/12/2002)

Minute order: Telephone Conference Held before Magistrate Judge Irma C. Ramirez regarding defendant's motion for protective order Court Reporter: Electronic (ttm) (Entered: 12/12/2002)

RESPONSE by plaintiff Roderick Keith Johnson to [55-1] motion for protective order (ttm) (Entered: 12/13/2002)

ORDER setting hearing: Motion hearing set for 10:00 12/20/02 in Dallas for [35-1] motion to compel discovery ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 12/13/02 Page(s): 1 (ttm) (Entered: 12/13/2002)

NOTICE of Presentment of Defendants' Partial Motion for Summary Judgment and Brief in Support by defendants (ttm) (Entered: 12/16/2002)

MOTION by plaintiff Roderick Keith Johnson for temporary restraining order (ttm) (Entered: 12/17/2002)

MEMORANDUM by plaintiff Roderick Keith Johnson in support of [63-1] motion for temporary restraining order (ttm) (Entered: 12/17/2002)

MOTION by plaintiff Roderick Keith Johnson to extend time to reply to defendants' partial motion for summary judgment (ttm) (Entered: 12/17/2002)

NOTICE of EIGHTH SUPPLEMENTAL DISCLOSURE by defendants (ttm) (Entered: 12/17/2002)

SUPPLEMENTAL DOCUMENT to [64-1] support memorandum by plaintiff Roderick Keith Johnson (ttm) (Entered: 12/18/2002)

ORDER OF REFERENCE: [63-1] motion for temporary restraining order referred to Magistrate Judge Paul D. Stickney ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 12/20/02 Page(s): 1 (ttm) (Entered: 12/20/2002)

ORDER granting [65-1] motion to extend time to reply to defendants' partial motion for summary judgment Response to motion reset to 1/10/03 for [25-1] joint motion for partial judgment on the pleadings to dismiss plaintiff's equal protection ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 12/20/02 Page(s) 1 (ttm) (Entered: 12/20/2002)

MOTION by defendants for leave to file Brief in excess of Court's page limits (ttm) (Entered: 12/20/2002)

Motion(s) referred: [63-1] motion for temporary restraining order referred to Magistrate Judge Paul D. Stickney (ttm)

Minute order: Motion Hearing Held before Magistrate Judge Paul D. Stickney Court Reporter: Electronic #4089-4090 (ttm) (Entered: 12/23/2002)

ORDER granting [70-1] motion for leave to file Brief in excess of Court's page limits ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 12/31/02 Page(s) 1 (eat) (Entered: 12/31/2002)

ORDER granting [25-1] joint motion for partial judgment on the pleadings to dismiss plaintiff's equal protection ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 1/3/03 Page(s) 1 (eat) (Entered: 01/03/2003)

ORDER granting [26-1] joint motion for judgment on the pleadings to dismiss plaintiff's equal protection. ORDERED that the Defendants Treon and Wright's Partial Motion for Judgment to Dismiss is granted and Plaintiff's equal protection claims against Defendants Treon and Wright are dismissed in their entirety ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 1/3/03 Page(s) 1 (eat) (Entered: 01/03/2003)

RESPONSE IN OPPOSITION by defendant Gary NMN Johnson, defendant Robert R Treon, defendant Richard E Wathen, defendant James D Mooneyham, defendant NFN Norwood, defendant NFN Bright, defendant NFN Kuyava, defendant NFN Vitolo, defendant Vikki D Wright, defendant NFN Boyle, defendant NFN Bowman, defendant NFN Willingham, defendant NFN Paul, defendant NFN Rangel, defendant NFN Taylor to [63-1] motion for restraining order (ttm) (Entered: 01/06/2003)

UNOPPOSED MOTION by defendants to extend time to file joint motion for submission of motion for summary judgment (ttm) (Entered: 01/06/2003)

ORDER granting [76-1] motion to extend time to file joint motion for submission of motion for summary judgment reset joint motion filing deadline for 1/24/03 ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 1/7/03 Page(s) 1 (ttm) (Entered: 01/07/2003)

NOTICE of Presentment of Response to Defendants' Partial Motion for Summary Judgment by plaintiff Roderick Keith Johnson (ttm) (Entered: 01/10/2003)

ORDER Motion hearing set in Dallas for 2:00 1/16/03 for [63-1] motion for temporary restraining order ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 1/10/03 Page(s) 1 (ttm) (Entered: 01/10/2003)

MOTION by plaintiff Roderick Keith Johnson for leave to file Response Brief in Opposition to defendants' partial motio for summary judgment and appendix in excess of the court's page limits (ttm) (Entered: 01/17/2003)

Minute order: Motion Hearing Held before Magistrate Judge Paul D. Stickney Court Reporter: Janssen, G (ttm) (Entered: 01/22/2003)

ORDER granting [80-1] motion for leave to file Response Brief in Opposition to defendants' partial motion for summary judgment and appendix in excess of the court's page limits ( Signed by Judge Jerry Buchmeyer ) Copies to counsel: 1/23/03 Page(s) 1 (ttm) (Entered: 01/23/2003)

ORDER (Protective order)...it is hereby ORDERED that defendants and all those in privity with defendants shall refrain from retaliating against or otherwise tempering with any witness or potential witness in this case, pending further order of this Court. ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 1/24/03 Page(s) 1 (ttm) (Entered: 01/24/2003)

JOINT MOTION SUBMISSION for summary judgment by plaintiff, defendants (bound document unable to scan) (ttm) (Entered: 01/24/2003)

NOTICE of Final Pretrial Disclosures by defendants (ttm) (Entered: 01/27/2003)

Final Pretrial Disclosures by defendants (ttm) (Entered: 01/27/2003)

Pretrial Disclosures by plaintiff Roderick Keith Johnson (ttm) (Entered: 01/27/2003)

RESPONSE by defendant Gary NMN Johnson, defendant Robert R Treon, defendant Richard E Wathen, defendant James D Mooneyham, defendant NFN Norwood, defendant NFN Bright, defendant NFN Kuyava, defendant NFN Vitolo, defendant Vikki D Wright, defendant NFN Boyle, defendant NFN Bowman, defendant NFN Willingham, defendant NFN Paul, defendant NFN Rangel, defendant NFN Taylor in opposition to [87-1] remark (ttm) (Entered: 02/06/2003)

SUPPLEMENTAL DOCUMENT to [87-1] Pretrial Disclosures by plaintiff Roderick Keith Johnson (ttm) (Entered: 02/11/2003)

RESPONSE in Opposition (OBJECTIONS) re 89 Supplemental Pretrial Disclosures filed by Defendants Bowman, Boyle, Bright, Gary Johnson, Kuyava, James D Mooneyham, Norwood, Paul, Rangel, Taylor, Robert R Treon, Vitolo, Richard E Wathen, Willingham, Vikki D Wright. (ttm, ) (Entered: 02/25/2003)