Case: Diamond v. Owens

Owens v. Diamond

Owens v. Diamond

Caroline Medina

COMPLAINT against All Defendants Filing Fee $ 400, Receipt Number 113G-2020328,filed by ASHLEY A DIAMOND. (Attachments: # 1 Civil Cover Sheet)(cal) (Entered: 02/20/2015)

1 Civil Cover Sheet

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MOTION for Preliminary Injunction by ASHLEY A DIAMOND filed by JAMES M KNOEPP.. Motion(s) referred to CHARLES H WEIGLE.(KNOEPP, JAMES) (Entered: 02/20/2015)

Consent Form (28 USC 636(c)(1)) sent to ASHLEY A DIAMOND (cal) (Entered: 02/20/2015)

Summons Issued as to MARTY ALLEN on 2/20/2015. (cal) (Entered: 02/20/2015)

Summons Issued as to JOHN THOMPSON on 2/20/2015. (cal) (Entered: 02/20/2015)

Summons Issued as to SHAY HATCHER on 2/20/2015. (cal) (Entered: 02/20/2015)

Summons Issued as to BRIAN OWENS on 2/20/2015. (cal) (Entered: 02/20/2015)

Summons Issued as to SHARON LEWIS on 2/20/2015. (cal) (Entered: 02/20/2015)

Summons Issued as to RUTHIE SHELTON on 2/20/2015. (cal) (Entered: 02/20/2015)

Summons Issued as to DONNA SILVER on 2/20/2015. (cal) (Entered: 02/20/2015)

Summons Issued as to DAVID MCCRACKEN on 2/20/2015. (cal) (Entered: 02/20/2015)

MEMORANDUM in Support filed by ASHLEY A DIAMOND re: 1 MOTION for Preliminary Injunction (Attachments: # 1 Affidavit Declaration of Dr. Randi C. Ettner, # 2 Affidavit Declaration of A. Chinyere Ezie, # 3 Exhibit Exhibit A to Ezie Declaration (GA DOC SOP on Management of Transsexuals), # 4 Exhibit B to Ezie Declaration (Letter from Diamond to Shelton 11/18/2013), # 5 Exhibit C to Ezie Declaration (Letter from Shelton to Diamond 11/22/13), # 6 Exhibit D to Ezie Declaration (GA DOC Notice re Suicide Attempt), # 7 Exhibit E to Ezie Declaration (GA DOC Response to Grievance and Appeal), # 8 Exhibit F to Ezie Declaration (Letter from Diamond to Owens 2/11/14), # 9 Exhibit G to Ezie Declaration (Letter from Diamond to Owens 5/13/14), # 10 Exhibit H to Ezie Declaration (GA DOC Response to Grievance and Appeal), # 11 Exhibit I to Ezie Declaration (GA DOC Mental Health Progress Notes))(KNOEPP, JAMES) (Entered: 02/20/2015)

1 Affidavit Declaration of Dr. Randi C. Ettner

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2 Affidavit Declaration of A. Chinyere Ezie

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3 Exhibit Exhibit A to Ezie Declaration (GA DOC SOP on Management of Transsexuals)

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4 Exhibit B to Ezie Declaration (Letter from Diamond to Shelton 11/18/2013)

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5 Exhibit C to Ezie Declaration (Letter from Shelton to Diamond 11/22/13)

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6 Exhibit D to Ezie Declaration (GA DOC Notice re Suicide Attempt)

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7 Exhibit E to Ezie Declaration (GA DOC Response to Grievance and Appeal)

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8 Exhibit F to Ezie Declaration (Letter from Diamond to Owens 2/11/14)

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9 Exhibit G to Ezie Declaration (Letter from Diamond to Owens 5/13/14)

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10 Exhibit H to Ezie Declaration (GA DOC Response to Grievance and Appeal)

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11 Exhibit I to Ezie Declaration (GA DOC Mental Health Progress Notes)

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NOTICE of Attorney Appearance by DAVID V JOHNSON on behalf of DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON Attorney DAVID V JOHNSON added to party DAVID MCCRACKEN(pty:dft), Attorney DAVID V JOHNSON added to party DONNA SILVER(pty:dft), Attorney DAVID V JOHNSON added to party JOHN THOMPSON(pty:dft) (JOHNSON, DAVID) (Entered: 02/27/2015)

NOTICE of Attorney Appearance by SHARONDA BOYCE on behalf of DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON Attorney SHARONDA BOYCE added to party DAVID MCCRACKEN(pty:dft), Attorney SHARONDA BOYCE added to party DONNA SILVER(pty:dft), Attorney SHARONDA BOYCE added to party JOHN THOMPSON(pty:dft) (BOYCE, SHARONDA) (Entered: 02/27/2015)

MOTION for Extension of Time to File Responsive Pleadings as to 1 MOTION for Preliminary Injunction, 2 Memorandum in Support,,, 3 Complaint by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON filed by DEBORAH NOLAN GORE.(GORE, DEBORAH) (Entered: 03/10/2015)

ORDER GRANTING 15 Motion for Extension of Time to File Response/Reply. The Defendants have through and including April 10, 2015, to file their responsive pleadings and to respond to the Plaintiffs motion for a preliminary injunction. The Court will convene a telephone conference on April 13, 2015, at 2:30 p.m. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 3/13/2015. (tlh) (Entered: 03/13/2015)

SUMMONS Returned Executed by ASHLEY A DIAMOND as to JOHN THOMPSON. (Attachments: # 1 Affidavit Proof of Service to John Thompson)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to John Thompson

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SUMMONS Returned Executed by ASHLEY A DIAMOND as to DONNA SILVER. (Attachments: # 1 Affidavit Proof of Service to Donna Silver)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to Donna Silver

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SUMMONS Returned Executed by ASHLEY A DIAMOND as to RUTHIE SHELTON. (Attachments: # 1 Affidavit Proof of Service to Ruthie Shelton)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to Ruthie Shelton

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SUMMONS Returned Executed by ASHLEY A DIAMOND as to BRIAN OWENS. (Attachments: # 1 Affidavit Proof of Service to Brian Owens)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to Brian Owens

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SUMMONS Returned Executed by ASHLEY A DIAMOND as to DAVID MCCRACKEN. (Attachments: # 1 Affidavit Proof of Service to David McCracken)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to David McCracken

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SUMMONS Returned Executed by ASHLEY A DIAMOND as to SHARON LEWIS. (Attachments: # 1 Affidavit Proof of Service to Sharon Lewis)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to Sharon Lewis

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SUMMONS Returned Executed by ASHLEY A DIAMOND as to SHAY HATCHER. (Attachments: # 1 Affidavit Proof of Service to Shay Hatcher)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to Shay Hatcher

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SUMMONS Returned Executed by ASHLEY A DIAMOND as to MARTY ALLEN. (Attachments: # 1 Affidavit Proof of Service to Marty Allen)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to Marty Allen

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MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by ASHLEY A DIAMOND filed by A CHINYERE EZIE. (Attachments: # 1 Memorandum in Support of Plaintiff's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction)(EZIE, A) (Entered: 03/31/2015)

1 Memorandum in Support of Plaintiff's Emergency Motion for a Temporary Restr

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AFFIDAVIT re 25 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction Declaration of Ashley Diamond by ASHLEY A DIAMOND (EZIE, A) (Entered: 03/31/2015)

AFFIDAVIT re 25 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction Second Declaration of A. Chinyere Ezie by ASHLEY A DIAMOND (Attachments: # 1 Exhibit J - U.S. Department of Justice, Bureau of Justice Statistics, Sexual Victimization in Prisons and Jails Reported by Inmates, 201112, Supplemental Tables: Prevalence of Sexual Victimization Among Transgender Adult Inmates, # 2 Exhibit K - American Jail Association, Report on PREA and Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Rights, # 3 Exhibit L - Georgia Department of Corrections Mental Health Progress Notes of Jodi Braddock, # 4 Exhibit M - Georgia Department of Corrections Statement on the Prison Rape Elimination Act, # 5 Exhibit N - Georgia Department of Corrections, Standard Operating Procedures, Prison Rape Elimination Act (PREA)-Sexual Assault of/Sexual Misconduct with Offenders, # 6 Exhibit O - Georgia Department of Corrections, Monthly PREA Report, # 7 Exhibit P - Georgia Department of Corrections, Report concerning Macon State Prison Assault (Redacted), # 8 Exhibit Q - Declaration of Jeremy Brooks dated August 5, 2014, # 9 Exhibit R - Declaration of Gordon Berry dated August 6, 2014, # 10 Exhibit S - Declaration of Christopher Leach dated November 23, 2013, # 11 Exhibit T - Declaration of James Moore dated November 23, 2013, # 12 Exhibit U - Georgia Department of Corrections Mental Health Progress Notes of Dr. Stephen Sloan, # 13 Exhibit V - Georgia Department of Corrections, Warden/Superintendents Grievance Response, # 14 Exhibit W - Georgia Department of Corrections, Suicide Precaution Notification to Warden/Superintendent)(EZIE, A) (Entered: 03/31/2015)

1 Exhibit J - U.S. Department of Justice, Bureau of Justice Statistics, Sexual Vic

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2 Exhibit K - American Jail Association, Report on PREA and Lesbian, Gay, Bisexual

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3 Exhibit L - Georgia Department of Corrections Mental Health Progress Notes of Jo

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4 Exhibit M - Georgia Department of Corrections Statement on the Prison Rape Elimi

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5 Exhibit N - Georgia Department of Corrections, Standard Operating Procedures, Pr

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6 Exhibit O - Georgia Department of Corrections, Monthly PREA Report

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7 Exhibit P - Georgia Department of Corrections, Report concerning Macon State Pri

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8 Exhibit Q - Declaration of Jeremy Brooks dated August 5, 2014

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9 Exhibit R - Declaration of Gordon Berry dated August 6, 2014

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10 Exhibit S - Declaration of Christopher Leach dated November 23, 2013

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11 Exhibit T - Declaration of James Moore dated November 23, 2013

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12 Exhibit U - Georgia Department of Corrections Mental Health Progress Notes of Dr

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13 Exhibit V - Georgia Department of Corrections, Warden/Superintendents Grievance

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14 Exhibit W - Georgia Department of Corrections, Suicide Precaution Notification t

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MOTION for Leave to File Excess Pages for Brief in Support of Motion to Dismiss by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON filed by DEBORAH NOLAN GORE. (Attachments: # 1 Text of Proposed Order)(GORE, DEBORAH) (Entered: 04/01/2015)

1 Text of Proposed Order

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NOTICE Statement of Interest of the United States by UNITED STATES DEPARTMENT OF JUSTICE re 1 MOTION for Preliminary Injunction (BRETT, SHARON) (Entered: 04/03/2015)

CERTIFICATE OF SERVICE re 26 Affidavit, 27 Affidavit,,,,,, 25 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction (EZIE, A) (Entered: 04/03/2015)

RESPONSE filed by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON re 25 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1 - Affidavit of Javaka Johnson)(GORE, DEBORAH) (Entered: 04/07/2015)

1 Exhibit 1 - Affidavit of Javaka Johnson

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AFFIDAVIT in Support filed by ASHLEY A DIAMOND re 25 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction (Attachments: # 1 Affidavit Third Declaration of A. Chinyere Ezie dated April 7, 2015, # 2 Exhibit Exhibit X, Letters to Ashley Diamond received from inmates following transfer to Georgia State Prison, # 3 Exhibit Exhibit Y, Declaration of James C. Brady dated March 28, 2015)(EZIE, A) (Entered: 04/07/2015)

1 Affidavit Third Declaration of A. Chinyere Ezie dated April 7, 2015

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2 Exhibit Exhibit X, Letters to Ashley Diamond received from inmates following tra

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3 Exhibit Exhibit Y, Declaration of James C. Brady dated March 28, 2015

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AFFIDAVIT re 31 Response to Motion by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON (GORE, DEBORAH) (Entered: 04/08/2015)

Minute Entry for proceedings held before U.S. District Judge MARC THOMAS TREADWELL: TRO Hearing held on 4/9/2015. Court Reporter: Tammy Fletcher. (tlh) (Entered: 04/09/2015)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Pre-Answer) by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON filed by DEBORAH NOLAN GORE. (Attachments: # 1 Brief of Defendants in Support of Their Pre-Answer Motion to Dismiss Plaintiff's Complaint, # 2 Exhibit 1 - Affidavit of Gloria Turnage, # 3 Exhibit 2 - Affidavit of Shawn Emmons, # 4 Exhibit 3 - Affidavit of Tracey Lumpkin)(GORE, DEBORAH) (Entered: 04/10/2015)

1 Brief of Defendants in Support of Their Pre-Answer Motion to Dismiss Plaintiff&

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2 Exhibit 1 - Affidavit of Gloria Turnage

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3 Exhibit 2 - Affidavit of Shawn Emmons

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4 Exhibit 3 - Affidavit of Tracey Lumpkin

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RESPONSE filed by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON re 1 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1 - Affidavit of Roy Sabine, # 2 Exhibit 2 - Declaration of James I. Maish, Ph.D., # 3 Exhibit 3 - Affidavit of Stephen Upton, # 4 Exhibit 4 - Affidavit of Stephen Upton)(GORE, DEBORAH) (Entered: 04/10/2015)

1 Exhibit 1 - Affidavit of Roy Sabine

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2 Exhibit 2 - Declaration of James I. Maish, Ph.D.

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3 Exhibit 3 - Affidavit of Stephen Upton

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4 Exhibit 4 - Affidavit of Stephen Upton

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RESPONSE filed by DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON re 1 MOTION for Preliminary Injunction (JOHNSON, DAVID) (Entered: 04/10/2015)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON filed by DAVID V JOHNSON. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Affidavit of Shawn Emmons, # 3 Text of Proposed Order)(JOHNSON, DAVID) (Entered: 04/10/2015)

1 Memorandum in Support

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2 Exhibit 1 - Affidavit of Shawn Emmons

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3 Text of Proposed Order

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NOTICE of Attorney Appearance by ELIZABETH MCRARY CROWDER on behalf of MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON Attorney ELIZABETH MCRARY CROWDER added to party MARTY ALLEN(pty:dft), Attorney ELIZABETH MCRARY CROWDER added to party SHAY HATCHER(pty:dft), Attorney ELIZABETH MCRARY CROWDER added to party SHARON LEWIS(pty:dft), Attorney ELIZABETH MCRARY CROWDER added to party BRIAN OWENS(pty:dft), Attorney ELIZABETH MCRARY CROWDER added to party RUTHIE SHELTON(pty:dft) (CROWDER, ELIZABETH) (Entered: 04/14/2015)

TRANSCRIPT of Proceedings held on 4-9-15, before Judge Treadwell. Court Reporter Tammy W. Fletcher. Volume Number: 1 of 1 TRO hearing. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Tammy W. Fletcher) (Entered: 04/15/2015)

ORDER to Produce State Prisoner Ashley Alton Diamond, GDC 1000290565 for Federal Hearing on 4/20/2015 at 10:00 am in 475 Mulberry Street, Macon, Georgia. Ordered by U.S. District Judge MARC THOMAS TREADWELL. (tlh) (Entered: 04/15/2015)

Minute Entry for proceedings held before U.S. District Judge MARC THOMAS TREADWELL: Telephone Conference held on 4/15/2015. Court Reporter: Tammy Fletcher. (tlh) (Entered: 04/15/2015)

NOTICE Notice of Issuance of Subpoena to James Maish by ASHLEY A DIAMOND (Attachments: # 1 Exhibit A - Subpoena to James Maish)(EZIE, A) (Entered: 04/16/2015)

1 Exhibit A - Subpoena to James Maish

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Minute Order. Proceedings held before U.S. District Judge MARC THOMAS TREADWELL: Hearing held on 4/20/2015. The Court DENIED 25 Plaintiff's Emergency Motion for TRO and Preliminary Injunction. Plaintiff given a 14 day extension to file responses to Defendants' motions to dismiss. (Court Reporter Tammy Fletcher.) (tlh) (Entered: 04/20/2015)

MOTION to Stay Proceedings on Plaintiff's Motion for a Preliminary Injunction re 1 MOTION for Preliminary Injunction by ASHLEY A DIAMOND filed by A CHINYERE EZIE.(EZIE, A) (Entered: 04/21/2015)

TRANSCRIPT of Proceedings held on 4-20-15, before Judge Treadwell. Court Reporter Tammy W. Fletcher. Volume Number: 1 of 1 TRO hearing. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Tammy W. Fletcher) (Entered: 04/28/2015)

Discovery Status Report (CROWDER, ELIZABETH) (Entered: 05/08/2015)

MOTION for Leave to File Excess Pages for Brief in Opposition to Motions to Dismiss by ASHLEY A DIAMOND filed by A CHINYERE EZIE.(EZIE, A) (Entered: 05/11/2015)

RESPONSE filed by ASHLEY A DIAMOND re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Pre-Answer), 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Affidavit Declaration of Ashley Diamond, # 2 Affidavit Declaration of Dr. Randi C. Ettner, # 3 Declaration of A. Chinyere Ezie, # 4 Exhibit Exhibit A, Grievance No. 163506 and Related Documents, # 5 Exhibit Exhibit B, Grievance No. 173610 and Related Documents, # 6 Exhibit Exhibit C, Grievance No. 180025 and Related Documents, # 7 Exhibit Exhibit D, Grievance No. 141823 and Related Documents, # 8 Exhibit Exhibit E, Grievance No. 189277 and Related Documents, # 9 Exhibit Exhibit F, Grievance No. 189275 and Related Documents, # 10 Exhibit Exhibit G, Grievance No. 189275 and Related Documents, # 11 Exhibit Exhibit H, Excerpts of the Transcript of the April 20, 2015 Hearing on Plaintiffs Emergency Motion for a Temporary Restraining Order, Diamond v. Owens et al, 5:15-cv-00050 (MTT), # 12 Exhibit Exhibit I, Excerpts of the Transcript of the April 9, 2015 Hearing on Plaintiffs Emergency Motion for a Temporary Restraining Order, Diamond v. Owens et al, 5:15-cv-00050 (MTT), # 13 Exhibit Exhibit J, Grievance No. 184215 and Related Documents, # 14 Exhibit Exhibit K, Georgia Department of Corrections Mental Health Progress Notes of Dr. Stephen Sloan)(EZIE, A) (Entered: 05/18/2015)

1 Affidavit Declaration of Ashley Diamond

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2 Affidavit Declaration of Dr. Randi C. Ettner

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3 Declaration of A. Chinyere Ezie

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4 Exhibit Exhibit A, Grievance No. 163506 and Related Documents

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5 Exhibit Exhibit B, Grievance No. 173610 and Related Documents

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6 Exhibit Exhibit C, Grievance No. 180025 and Related Documents

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7 Exhibit Exhibit D, Grievance No. 141823 and Related Documents

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8 Exhibit Exhibit E, Grievance No. 189277 and Related Documents

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9 Exhibit Exhibit F, Grievance No. 189275 and Related Documents

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10 Exhibit Exhibit G, Grievance No. 189275 and Related Documents

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11 Exhibit Exhibit H, Excerpts of the Transcript of the April 20, 2015 Hearing on P

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12 Exhibit Exhibit I, Excerpts of the Transcript of the April 9, 2015 Hearing on Pl

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13 Exhibit Exhibit J, Grievance No. 184215 and Related Documents

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14 Exhibit Exhibit K, Georgia Department of Corrections Mental Health Progress Note

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CERTIFICATE OF SERVICE re 49 Response to Motion,,,,, (EZIE, A) (Entered: 05/19/2015)

CERTIFICATE OF SERVICE re 50 Certificate of Service (EZIE, A) (Entered: 05/20/2015)

MOTION for Extension of Time to File Briefing on Plaintiff's Motion for Preliminary Injunction. by ASHLEY A DIAMOND filed by A CHINYERE EZIE.(EZIE, A) (Entered: 05/21/2015)

This is a text only entry; no document issued. ORDER GRANTING 52 Motion for Extension of Time. Plaintiff's response to Defendants' Oppositions to Plaintiff's Motion for Preliminary Injunction [36, 37] shall be filed with the Court no later than July 27, 2015. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/21/2015. (tlh) (Entered: 05/21/2015)

MOTION for Leave to File Excess Pages for reply briefs by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON filed by DEBORAH NOLAN GORE.(GORE, DEBORAH) (Entered: 05/28/2015)

MOTION for Leave to File Excess Pages for reply briefs by DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON filed by DAVID V JOHNSON.(JOHNSON, DAVID) (Entered: 05/28/2015)

REPLY to Response filed by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Pre-Answer) (GORE, DEBORAH) (Entered: 06/01/2015)

REPLY to Response filed by DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (JOHNSON, DAVID) (Entered: 06/01/2015)

STATUS REPORT by ASHLEY A DIAMOND (EZIE, A) (Entered: 07/09/2015)

CONSENT MOTION for Extension of Time to File Briefing on Plaintiff's Motion for A Preliminary Injunction. by ASHLEY A DIAMOND filed by A CHINYERE EZIE. (Attachments: # 1 Text of Proposed Order Proposed Order)(EZIE, A) (Entered: 07/23/2015)

1 Text of Proposed Order Proposed Order

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This is a text only entry; no document issued. ORDER: The Court DENIES the Plaintiff's 59 motion for extension of time until October 27, 2015, to reply to the Defendants' 36 37 responses to the 1 motion for preliminary injunction, but the Court GRANTS the Plaintiff 30 days until and including August 26, 2015, to file her reply. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 7/27/2015. (abv) (Entered: 07/27/2015)

MOTION for Status Conference and RESPONSE in Support re 58 Status Report (Attachments: # 1 Affidavit Declaration of David Dinielli, # 2 Exhibit Exhibit A to Declaration, Retaliation Letter)(EZIE, A) Modified on 7/30/2015 (ggs). (Entered: 07/29/2015)

1 Affidavit Declaration of David Dinielli

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2 Exhibit Exhibit A to Declaration, Retaliation Letter

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Minute Entry for proceedings held before US DISTRICT JUDGE MARC THOMAS TREADWELL: Telephone Conference held on 8/11/2015. Defendants are to provide the Court with the plan prepared by the medical professionals by Friday (8/14/2015). Court Reporter: Darlene Fuller. (tlh) (Entered: 08/11/2015)

This is a text only entry; no document issued. ORDER: Defendants are to provide the Court with the plan prepared by the medical professionals by Friday, 8/14/2015. Defendants may file the plan under seal. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 8/12/2015. (tlh) (Entered: 08/12/2015)

NOTICE of Attorney Appearance by BRETT A Tarver on behalf of DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON Attorney BRETT A Tarver added to party DAVID MCCRACKEN(pty:dft), Attorney BRETT A Tarver added to party DONNA SILVER(pty:dft), Attorney BRETT A Tarver added to party JOHN THOMPSON(pty:dft) (Tarver, BRETT) (Entered: 08/14/2015)

SEALED DOCUMENT filed pursuant to 63 text only order(ans) (Entered: 08/14/2015)

REPLY to Response filed by ASHLEY A DIAMOND re 1 MOTION for Preliminary Injunction (Attachments: # 1 Affidavit Declaration of Ashley Diamond, # 2 Affidavit Third Declaration of Dr. Randi C. Ettner, # 3 Affidavit Declaration of Samuel Wolfe, # 4 Exhibit Wolfe Decl. Ex. A - Decl. of Leach, # 5 Exhibit Wolfe Decl. Ex. B - Housing/Treatment Plan, # 6 Exhibit Wolfe Decl. Ex. C - Mental Health Progress Notes of Sloan, # 7 Exhibit Wolfe Decl. Ex. D - Selected Medical Records for Diamond, # 8 Exhibit Wolfe Decl. Ex. E - Selected Mental Health Records for Diamond, # 9 Exhibit Wolfe Decl. Ex. F - Selected PREA Reports for Diamond, # 10 Exhibit Wolfe Decl. Ex. G - Termination Records for Hatcher, # 11 Exhibit Wolfe Decl. Ex. H - Decl. of Berry, # 12 Exhibit Wolfe Decl. Ex. I - Decl. of Moore)(WOLFE, SAMUEL) (Entered: 08/26/2015)

1 Affidavit Declaration of Ashley Diamond

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2 Affidavit Third Declaration of Dr. Randi C. Ettner

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3 Affidavit Declaration of Samuel Wolfe

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4 Exhibit Wolfe Decl. Ex. A - Decl. of Leach

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5 Exhibit Wolfe Decl. Ex. B - Housing/Treatment Plan

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6 Exhibit Wolfe Decl. Ex. C - Mental Health Progress Notes of Sloan

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7 Exhibit Wolfe Decl. Ex. D - Selected Medical Records for Diamond

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8 Exhibit Wolfe Decl. Ex. E - Selected Mental Health Records for Diamond

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9 Exhibit Wolfe Decl. Ex. F - Selected PREA Reports for Diamond

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10 Exhibit Wolfe Decl. Ex. G - Termination Records for Hatcher

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11 Exhibit Wolfe Decl. Ex. H - Decl. of Berry

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12 Exhibit Wolfe Decl. Ex. I - Decl. of Moore

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MOTION to Dismiss Plaintiff's Claims for Preliminary Injunction and Requests for Declaratory and Injunctive Relief re 1 MOTION for Preliminary Injunction, 3 Complaint by ASHLEY A DIAMOND filed by A CHINYERE EZIE.(EZIE, A) Modified on 9/2/2015 (ggs). Modified on 9/2/2015 (ggs). (Entered: 09/02/2015)

ORDER GRANTING 67 Motion to Dismiss. Plaintiff's requests for injunctive and declaratory relief are DISMISSED without prejudice. Because the claims against the Defendants in their official capacities are only for prospective injunctive relief, all claims against Defendants sued in their official capacities are DISMISSED as moot. The claims in Count 2 against Owens and Lewis in their official capacities are DISMISSED as moot. Count 2 remains pending against Lewis in her individual capacity. In Count 4, Diamond has asserted failure-to-train claims against Owens and Lewis. The failure-to-train claims against Owens and Lewis in their official capacities are DISMISSED as moot. The failure-to-train claim against Lewis in her individual capacity remains pending. Because Diamond sued Owens only in his official capacity, he is DISMISSED as a Defendant. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 9/14/2015. (tlh) (Entered: 09/14/2015)

ORDER DENYING 35 Motion to Dismiss for Failure to State a Claim and DENYING 38 Motion to Dismiss for Failure to State a Claim. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 9/14/2015. (tlh) (Entered: 09/14/2015)

JOINT MOTION for Extension of Time to File Answer by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, DAVID MCCRACKEN, RUTHIE SHELTON, DONNA SILVER, JOHN THOMPSON filed by ELIZABETH MCRARY CROWDER.(CROWDER, ELIZABETH) (Entered: 09/25/2015)

This is a text only entry; no document issued. ORDER GRANTING 70 Motion for Extension of Time to Answer Complaint. All Defendants have until and including October 12, 2015, to answer the complaint. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 9/28/2015. (abv) (Entered: 09/28/2015)

ANSWER to 3 Complaint with Jury Demand by DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON.(JOHNSON, DAVID) (Entered: 10/12/2015)

ANSWER to 3 Complaint by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, RUTHIE SHELTON.(GORE, DEBORAH) (Entered: 10/13/2015)

RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 11/20/2015. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 10/21/2015. (Attachments: # 1 Required Form, # 2 The Security National Bank of Sioux City, Iowa v. Abbott Laboratories, 2014 WL 3704277 (N.D. Iowa)). (tlh) (Entered: 10/21/2015)

1 Required Form

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2 Required Form The Security National Bank of Sioux City, Iowa v. Abbott Laborator

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Letter from JAMI NATURALITE regarding requesting copies of the Court's Order of 9/14/2015 and the docket sheet for this case re 69 Order on Motion to Dismiss for Failure to State a Claim. (Attachments: # 1 Envelope)(ggs) (Entered: 12/16/2015)

1 Envelope

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Letter from G. Sellers in response re 75 Letter (ggs) (Entered: 12/16/2015)

STIPULTIO OF DISMISSALl by ASHLEY A DIAMOND (EZIE, A) Modified on 2/12/2016 (ggs). (Entered: 02/11/2016)

Letter from DAVID CHRIS KELLY, JR. regarding FOIA Request for all documents contained in file (Attachments: # 1 Envelope)(ggs) (Entered: 09/05/2017)

1 Envelope

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Letter from G. Sellers regarding in response re 78 Letter (ggs) (Entered: 09/05/2017)