U.S. District Court Southern District of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:94-cv-02987

Transcription

1 Page 1 of 6 CLOSED, PRIS U.S. District Court Southern District of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:94-cv Hyde, et al v. TDCJ-ID Assigned to: Judge Lynn N. Hughes Demand: $0 Cause: 42:1983 Prisoner Civil Rights Plaintiff Dale Hyde represented by Dale Hyde Date Filed: 08/30/1994 Jury Demand: Defendant Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question Dale Hyde # Wynne Unit Huntsville, Tx LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff Owen T Gordy represented by Owen T Gordy # Estelle Unit 264 F M 3478 Huntsville, TX V. Defendant Texas Department of Criminal Justice-Institutional Division Movant Edward L Teague Movant Kenneth W Hickman-Bey represented by Kenneth W Hickman-Bey # Estelle 264 FM 3478 Huntsville, TX

2 Page 2 of 6 Movant Gerald King represented by Gerald King Gerald King # Ramsey I Unit/3-4-5B 1100 FM 655 Rosharon, TX LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 08/30/ Prisoner Civil Rights Complaint filed; (fmremp) (Entered: 08/30/1994) 08/30/ MOTION to proceed in forma pauperis by Dale Hyde Dale Hyde for plaintiff Dale Hyde, Motion Docket Date 9/19/94 [2-1] motion, filed. (fmremp) (Entered: 08/30/1994) 11/04/1994 Rec'd letter from Hyde, fwd to Staff Atty's. (fmremp) (Entered: 11/07/1994) 12/21/ ORDER granting [2-1] motion to proceed in forma pauperis; pltf shall file no motions and conduct no discovery until authorized by the court, entered. Parties ntfd. ( Signed by Magistrate Judge Marcia A. Crone ) (ckrus) (Entered: 12/22/1994) 12/21/ ORDER for More Definite Statment as to Dale Hyde, entered. Parties ntfd. Definite Statement due 1/21/95 (Signed by Magistrate Judge Marcia A. Crone) (ckrus) (Entered: 12/22/1994) 01/03/ MORE DEFINITE STATEMENT by Dale Hyde, filed. (fmremp) (Entered: 01/04/1995) 07/17/ Notice of change of address by Dale Hyde, filed. (fmremp) (Entered: 07/18/1995) 02/01/ ORDER for Service of Process granting [2-1] motion to proceed in forma pauperis. The Clerk shall issue summons and the U.S. Marshal shall serve a copy of the complaint (#1), order for more definite statement (#4), Pltf's more definite statement (#5) and of this order upon Gary Johnson, entered. Parties ntfd. ( Signed by Magistrate Judge Marcia A. Crone ) (fmremp) (Entered: 02/06/1996) 02/06/1996 SUMMONS to Gary Johnson, issued (fmremp) (Entered: 02/06/1996) 02/21/ SUPPLEMENT to [1-1] complaint by Dale Hyde, filed. (fmremp) (Entered: 03/07/1996) 03/08/ RETURN OF SERVICE executed certified mail as to Gary Johnson TDCJ-ID 2/27/96 filed Answer due on 3/18/96 for TDCJ-ID (bchurchill)

3 Page 3 of 6 (Entered: 03/11/1996) 03/18/ SUPPLEMENTAL COMPLAINT by Dale Hyde, amending [1-1] complaint, filed. (fmremp) (Entered: 03/20/1996) 04/10/ ORDER Spears hearing 9:00 5/31/96, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 04/10/1996) 04/24/1996 Rec'd executed green card from Chief of the Enforcement Division, fwd to fileroom. (fmremp) (Entered: 04/29/1996) 05/06/ ANSWER to Complaint by TDCJ-ID (Added attorney Linda M Kearney), filed.; jury demand (fmremp) (Entered: 05/07/1996) 05/21/1996 WRIT of Habeas Corpus Ad Testificandum issued for the appearance of Dale Hyde for a Spears Hearing to be held at the Darrington Unit on 5/31/96 at 9 am before Judge Hughes. (fmremp) Modified on 05/22/1996 (Entered: 05/22/1996) 05/31/ Minute entry: Hrg held; App: Vance. State must submit a two page stipulation of the practices at Wynne Unit by Friday 6/14/96. state must sen copy of stipulation and case law to Hyde. Dismissed claim regarding undesirable cell-mates. Review Wednesday 6/19/96. terminated deadlines Ct Reporter: N Cavazos (fmremp) (Entered: 06/04/1996) 06/04/ ORDER OF DISMISSAL Hyde's claim concerning undersirable cellmates is dismissed., entered; Parties ntfd. ( Signed by Judge Lynn N. Hughes ) (fmremp) (Entered: 06/05/1996) 08/06/ REQUEST FOR CONTEMPT FINDING, by Dale Hyde, filed. (hlerma) Modified on 08/07/1996 (Entered: 08/07/1996) 08/15/ Order to Show Cause: The TDCJ-ID is ordered to show cause at a hrg why they should not be held in contemt or its answer struck. The hrg will be held 2:30 9/16/96 as to TDCJ-ID, entered. Parties ntfd. ( Signed by Judge Lynn N. Hughes ) (hlerma) Modified on 09/11/1996 (Entered: 08/21/1996) 09/03/ RESPONSE by TDCJ-ID to [16-1] order show cause, filed. (hlerma) (Entered: 09/04/1996) 09/09/ SUPPLEMENTAL COMPLAINT filed; (hlerma) (Entered: 09/26/1996) 09/11/1996 Deadline updated; set show cause hearing for 2:30 9/16/96 before Judge Lynn N. Hughes (hlerma) (Entered: 09/11/1996) 09/23/ ORDER set miscellaneous hearing 2:00 10/15/96, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 09/25/1996) 10/02/1996 Rec'd letter from Mr Hyde, fwd to Staff Attys. (hlerma) (Entered: 10/04/1996) 10/07/1996 Letter from the Clerk to Mr Hyde, Ref: response to Mr Hyde letter. (hlerma) (Entered: 10/09/1996)

4 Page 4 of 6 10/15/ Minute entry filed following Hearing before Judge Lynn N Hughes; terminated deadlines ; Ct Reporter: Anne Traylor; Appearances: Linder Kearney f/deft; argument heard on [19] supplemental complaint by Dale Hyde; order to be entered. (fmremp) (Entered: 10/18/1996) 10/23/ OPINION ON JUDGMENT: Extended pleading, summary hrg at the prison, and a hrg to verify the post-hrg resolution of this case have resulted in a clear showing that the inmate was wronged. The state has agreed to a judgment that compensates Hyde for his administrative injury and announces his prosepective relief is compelled by law. This will be a final judgment., entered. Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 10/28/1996) 10/23/ FINAL JUDGMENT, entered. Parties ntfd. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 10/28/1996) 10/23/1996 Case closed (hlerma) (Entered: 10/28/1996) 10/25/ MOTION for appointment of counsel by Dale Hyde, Motion Docket Date 11/14/96 [23-1] motion, filed. (hlerma) (Entered: 10/29/1996) 10/25/ MOTION to amend the original claim by Dale Hyde, Motion Docket Date 11/14/96 [24-1] motion, filed. (hlerma) (Entered: 10/29/1996) 11/25/ NOTICE OF APPEAL of [22-1] order by Dale Hyde, filed. (bwhite) (Entered: 12/02/1996) 12/02/1996 Notice of appeal and certified copy of docket transmitted to USCA: [25-1] appeal (bwhite) (Entered: 12/02/1996) 12/16/1996 NOTICE of Docketing NOA from USCA Re: [25-1] appeal USCA NUMBER: (bwhite) (Entered: 12/17/1996) 01/09/ ORDER denying Hyde's [23-1] motion for appointment of counsel and denying Hyde's [24-1] motion to amend the original claim, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 01/10/1997) 01/28/1997 Certified and transmitted record on appeal consisting of 1 vol of record to U.S. Court of Appeals: [25-1] appeal. Parties ntfd. (bwhite) (Entered: 01/28/1997) 02/20/ ORDER OF USCA (certified copy) Pursuant to the motion of appellant, Rule 42, FRAP, and Rule 42.1 of this court, the appeal was DISMISSED this 17th day of February, 1997, Re: [25-1] appeal, filed. [cca ] (mmapps) (Entered: 02/20/1997) 02/20/1997 Record on appeal returned from U.S. Court of Appeals:Rec'd 1 vol of record, file reass'd fwd to fileroom. (mmapps) (Entered: 02/20/1997) 03/01/ MOTION for clarification by Edward L Teague, Motion Docket Date 3/21/99 [28-1] motion, filed. (hlerma) (Entered: 03/01/1999) 05/19/ ORDER denying Teague's [28-1] motion for clarification, Edward L. Teague moves for clarification. He is not a party and may not request

5 Page 5 of 6 relief in this case. entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 05/19/1999) 07/06/1999 Rec'd letter from Hyde, ref: request for trancript. fwd to Staff Attys. (hlerma) (Entered: 07/06/1999) 10/26/ REQUEST by Dale Hyde for Transcript, filed. (hlerma) (Entered: 10/26/1999) 03/16/ MOTION to find Chaplain John Salmon in contempt of court, by Owen T Gordy, Motion Docket Date 4/5/01 [31-1] motion, filed. (psmith) (Entered: 03/19/2001) 11/27/ OPINION, entered. Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 11/29/2001) 11/27/ ORDER denying [31-1] motion to find Chaplain John Salmon in contempt of court, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 11/29/2001) 12/05/2001 MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [32-1] order (released) (hlerma) (Entered: 12/06/2001) 12/05/2001 MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [33-1] order (released) (hlerma) (Entered: 12/06/2001) 12/05/2001 MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [33-1] order (released) (hlerma) (Entered: 12/06/2001) 06/19/ MOTION to find defts in contempt by Owen T Gordy, Motion Docket Date 7/9/02 [34-1] motion, filed. (ltien) (Entered: 06/20/2002) 08/06/ MOTION to find defts in contempt by Kenneth W Hickman-Bey, Motion Docket Date 8/26/02 [35-1] motion, filed. (kprice) (Entered: 08/07/2002) 03/20/ OPINION, entered: Prisoners Owen Gorday and Kenneth Hickman Bey are not parties to this suit. Their motions for contempt will be denied. They may file new complaints and tell this court why they believe their right to the free exercise of religion has been violated. Parties notified. ( signed by Judge Lynn N. Hughes ) (psmith) (Entered: 03/21/2003) 03/20/ ORDER ; denying without prejudice Owen Gordy and Kenneth W Hickman-Bey's motions for contempt of court against prison officials ; denying without [34-1] motion to find defts in contempt ; denying [35-1] motion to find defts in contempt, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (kprice) (Entered: 03/23/2003) 03/28/2003 MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [36-1] order (psmith) (Entered: 03/28/2003) 11/21/ MOTION for leave to file contempt of court order by Gerald King, Motion Docket Date 12/11/03 [38-1] motion, filed. (psmith) (Entered: 11/26/2003) 12/01/ MOTION for temporary restraining order due to contempt order by

6 Page 6 of 6 Gerald King, Motion Docket Date 12/21/03 [39-1] motion, filed. (ltien) (Entered: 12/03/2003) 12/05/ REQUEST for ruling on the temporary restraining order, by Gerald King, filed. (psmith) (Entered: 12/05/2003) 12/05/ SUPPLEMENT to Complaint, by Gerald King, filed. (psmith) (Entered: 12/05/2003) 12/16/ ORDER denying King's [38-1] motion for leave to file contempt of court order denying King's [39-1] motion for temporary restraining order due to contempt order, entered; Parties notified. ( signed by Judge Lynn N. Hughes ) (amaly) (Entered: 12/17/2003) 12/24/2003 MAIL RETURNED UNDELIVERABLE as to Dale Hyde re: [42-1] order (refused) (psmith) (Entered: 01/05/2004) PACER Service Center Transaction Receipt 09/09/ :33:48 PACER Login: hs0328 Client Code: Description: Docket Report Search Criteria: 4:94-cv Billable Pages: 3 Cost: 0.24