U.S. District Court
Northern District of Florida (Pensacola)
CIVIL DOCKET FOR CASE #: 3:06-cv-00344-MCR-MD


JEFFRIES v. SULLIVAN et al
Assigned to: District Judge M CASEY RODGERS
Referred to: MAGISTRATE JUDGE MILES DAVIS
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 08/09/2006
Jury Demand: None
Nature of Suit: 555 Prison Condition
Jurisdiction: Federal Question
Plaintiff
JOHN W JEFFRIES represented by JOHN W JEFFRIES
3101 JARVIS ST
HOLIDAY, FL 34690
PRO SE

V.
Defendant
JAMES EDWARD SULLIVAN
DEPUTY (ESCO)
represented by LEONARD J DIETZEN
RUMBERGER KIRK & CALDWELL PA - TALLAHASSEE FL
215 S MONROE ST STE 130
PO BOX 10507
TALLAHASSEE, FL 32301

ATTORNEY TO BE NOTICED

TIMOTHY M WARNER
WARNER LAW FIRM - PANAMA CITY FL
519 GRACE AVE
PO BOX 1820 (32402)
PANAMA CITY, FL 32401
TERMINATED: 05/29/2007
Defendant
CHARLES DIX
DEPUTY (ESCO)
represented by TIMOTHY M WARNER
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
JOHN DOE
DORM OFFICER ESCAMBIA COUNTY JAIL (18 JAN 04)
TERMINATED: 10/11/2007
Defendant
PRISON HEALTH SERVICES INC represented by JEANNETTE MARIE ANDREWS
ANDREWS CRABTREE KNOX ETC - TALLAHASSEE FL
1558 VILLAGE SQ BLVD [32312]
PO BOX 12800
TALLAHASSEE, FL 32317-2800

ATTORNEY TO BE NOTICED
Defendant
JANE 1 DOE
TERMINATED: 08/29/2007
represented by JEANNETTE MARIE ANDREWS
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
JANE 2 DOE
TERMINATED: 08/29/2007
represented by JEANNETTE MARIE ANDREWS
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
RON MCNESBY
SHERIFF
TERMINATED: 10/12/2007
Defendant
STEPHANIE CLARK represented by JEANNETTE MARIE ANDREWS
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
ANNIE ADAMS represented by JEANNETTE MARIE ANDREWS
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
ROBERT WHITE
RETIRED DEPUTY
represented by KEITH C TISCHLER
JOLLY & PETERSON PA - TALLAHASSEE FL
2145 DELTA BLVD STE 200 [32315}
PO BOX 37400
TALLAHASSEE, FL 32315
850-422-0282
Fax: 850-422-1913
Email: kct@jollylaw.com
ATTORNEY TO BE NOTICED

Date Filed # Docket Text
08/09/2006 1  COMPLAINT (under 42 USC 1983) against JAMES EDWARD SULLIVAN, CHARLES DIX, JOHN DOE, PRISON HEALTH SERVICES INC, JANE 1 DOE, JANE 2 DOE, RON MCNESBY, filed by JOHN W JEFFRIES.
No Service copies provided.
(cbj, Pensacola) (Entered: 08/10/2006)
08/09/2006 2  MOTION for Leave to Proceed in forma pauperis by JOHN W JEFFRIES.
(cbj, Pensacola) (Entered: 08/10/2006)
08/10/2006 Notice to Pro Se Litigant mailed to plaintiff
JOHN W. JEFFRIES, Q13522, CALHOUN WORK CAMP, 19564 SE INSTITUTION DR, BLOUNTSTOWN, FL 32424
(cbj, Pensacola) (Entered: 08/10/2006)
08/23/2006 4  ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by JOHN W JEFFRIES.
1. Pltf's motion is DEFERRED.
2. Clerk to send pltf a current prisoner consent form which pltf shall sign and file within thirty (30) days. Pltf need not resubmit the financial certificate or account information.
  • Miscellaneous Deadline - by 9/23/2006
    Signed by Judge MILES DAVIS on August 23, 2006.
    (cbj, Pensacola) (Entered: 08/24/2006)
  • 09/05/2006 5  PRISONER CONSENT FORM AND FINANCIAL CERTIFICATE by JOHN W JEFFRIES re 2 MOTION for Leave to Proceed in forma pauperis
    (cbj, Pensacola) (Entered: 09/05/2006)
    09/05/2006   ACTION REQUIRED BY CHAMBERS: Chambers of Judge Davis notified that action is needed Re: 5 PRISONER CONSENT FORM AND FINANCIAL CERTIFICATE re 2 motion to proceed in forma pauperis
    (cbj, Pensacola) (Entered: 09/05/2006)
    10/19/2006 6  ORDER Granting Leave To Proceed In Forma Pauperis-
  • Pltf's 2 Motion for Leave to Proceed in forma pauperis is GRANTED to extent that case may proceed without prepayment of the entire filing fee.
  • No Initial partial filing fee is assessed. However, the total fee in this case remains $350.00.
  • Clerk to mail copy of this order, with appropriate cover letter, to: FL DOC, Attn: Agency Clerk.
    Signed by Judge MILES DAVIS on October 19, 2006.
    (cbj) (Entered: 10/19/2006)
  • 10/31/2006 8  ORDER re 1 Complaint filed by JOHN W JEFFRIES -
  • Clerk to forward to pltf a civil rights complaint form (42 USC 1983), along with the four (4) pages of exhibits attached to the original complaint. This case number should be written on the form.
  • Pltf shall file "Amended Complaint" within thirty (30) days.
  • Amended Pleadings due by 11/30/2006.
    Signed by Judge MILES DAVIS on October 31, 2006.
    (cbj) (Entered: 10/31/2006)
  • 11/08/2006 9  AMENDED COMPLAINT against JAMES EDWARD SULLIVAN, CHARLES DIX, JOHN DOE, JANE 1 DOE, JANE 2 DOE, PRISON HEALTH SERVICES INC, filed by JOHN W JEFFRIES.
    (cbj) (Entered: 11/08/2006)
    11/08/2006   ACTION REQUIRED BY CHAMBERS: Chambers of Judge Davis notified that action is needed Re: 9 Amended Complaint
    (cbj) (Entered: 11/08/2006)
    11/27/2006 10  ORDER re 9 Amended Complaint filed by JOHN W JEFFRIES.
  • Within twenty days from date of this order, pltf shall submit six (6) identical copies of amended complaint. This case number should be written on the copies.
  • Miscellaneous Deadline - by 12/16/2006.
    Signed by Judge MILES DAVIS on November 27, 2006.
    (cbj) (Entered: 11/27/2006)
  • 12/04/2006 12  Filing fee: $ 4.00, receipt number 4-500 (pll) (Entered: 12/07/2006)
    12/05/2006 11  DOCKET ANNOTATION BY COURT: Six (6) Service copies of Amended complaint (doc.9) received, pursuant to order (doc.10)
    (cbj) (Entered: 12/05/2006)
    12/05/2006   ACTION REQUIRED BY CHAMBERS: Chambers of Judge Davis notified that action is needed Re: 11 Docket Annotation (Service copies received)
    (cbj) (Entered: 12/05/2006)
    12/19/2006 13  Filing fee: $ 10.00, receipt number 4000000628 (pll) (Entered: 12/20/2006)
    01/05/2007 14  OMNIBUS NOTIFICATION of Change of Address* And Change in Indigency Status, by JOHN W JEFFRIES.

    *Noting current address as: Central Florida Reception Center, Main Unit, 7000 H.C. Kelley Rd, Orlando, FL 32831-2518
    (see also, doc.15)
    (cbj) (Entered: 01/09/2007)

    01/08/2007 15  NOTIFICATION of Change of Address* by JOHN W JEFFRIES, #Q13522
    (Tarpon Springs Work Release Center, 566 Brady Rd, Tarpon Springs, FL 34689)

    *Email request to pc clerk (kk) to update address on docket.
    (cbj) (Entered: 01/09/2007)

    01/12/2007 16  Partial filing fee: $ 30.00, receipt number 400000788 (mlz, Tallahassee) (Entered: 01/16/2007)
    01/17/2007 17  ORDER re 9 Amended Complaint filed by JOHN W JEFFRIES -
    • Docket shall reflect six defendants in this action: JAMES EDWARD SULLIVAN, CHARLES DIX, PRISON HEALTH SERVICES, INC., and three John Does whose identities have not yet been ascertained. Pltf shall have ten days to notify court if this is incorrect.
    • Clerk shall issue summons for defts SULLIVAN, DIX and PRISON HEALTH SERVICES, INC., indicating 60 days to file responsive pleading, and refer to USM w/copy of this order for each defendant and the service copies of the amended complaint.
    • Clerk shall refer file to MD if waiver form returned for insufficient address, unexecuted, or if USM files statement of costs.
    • Clerk shall forward to pltf a form for consenting to trial by magistrate judge, with case number written on it.
    Signed by Judge MILES DAVIS on January 17, 2007.
    (cbj) (Entered: 01/17/2007)
    01/17/2007 18  Summons Issued as to JAMES EDWARD SULLIVAN, CHARLES DIX, PRISON HEALTH SERVICES INC. and forwarded to USM with, and pursuant to, order 17
    (cbj) (Entered: 01/17/2007)
    02/20/2007 19  Partial Filing fee: $ 3.73, receipt number 4-1080 (kjc) (Entered: 02/22/2007)
    02/21/2007 20  USM LETTER re Waiver of Service Returned Unexecuted as to JAMES EDWARD SULLIVAN, JR., and CHARLES DIX
    (cbj) (Entered: 02/26/2007)
    02/26/2007   ACTION REQUIRED BY CHAMBERS: Chambers of Judge Davis notified that action is needed Re: 20 USM LETTER re Waiver of Service Unexecuted
    (cbj) (Entered: 02/26/2007)
    02/27/2007 21  ORDER -
  • Plaintiff shall have thirty (30) days from date of this order to file with the court the addresses of defendants JAMES EDWARD SULLIVAN and CHARLES DIX. Alternatively, plaintiff shall inform the court of the steps taken to ascertain their whereabouts and the reasons these efforts were unsuccessful.
  • Failure to comply will result in recommendation for dismissal.
    Miscellaneous Deadline - by 3/29/2007.
    Signed by Judge MILES DAVIS on February 27, 2007.

    (cc: Jeffries) (cbj) (Entered: 02/27/2007)

  • 02/28/2007 22  Partial Filing fee: $10, receipt number 4-1150 (amm) (Entered: 03/02/2007)
    03/12/2007 23  ORDER - re 17 Order, directing service, 9 Amended Complaint filed by JOHN W JEFFRIES
    1. Clerk to send a copy of this order, a copy of this court's original service order (doc.17), and a copy of the amended complaint (doc.9) for defendant DIX to USMS, ATTN: NICOLE KEY, 111 N. Adams St, Suite 277, Tallahassee, FL 32301. Clerk shall also send copy of this order to US Probation Office, ATTN: ANDY ELLIOTT.
    2. If probation office chooses to provide Mr. Dix's address, it may do so in confidence to the USMS at above address. USM shall mail forms (1A and 1B) to defendant ASAP so that service or waiver service can be completed within 120 days from date of original service order.
  • Waiver of Service due by 5/17/2007.
    Signed by Judge MILES DAVIS on March 12, 2007.

    (cc: Jeffries; USM w/(17,9), USPO (Elliott)
    (cbj) (Entered: 03/12/2007)

  • 03/19/2007 24  MOTION For Order Allowing Confidential Release of Exempted Records by JOHN W JEFFRIES.
    (cbj) (Entered: 03/19/2007)
    03/19/2007   ACTION REQUIRED BY CHAMBERS: Chambers of Judge Davis notified that action is needed Re: 24 MOTION For Order Allowing Confidential Release of Exempted Records

    MOTIONS REFERRED 24 MOTION For Order Allowing Confidential Release of Exempted Records - Motions referred to MILES DAVIS.
    (cbj) (Entered: 03/19/2007)

    03/22/2007 27  NOTICE Of Compliance by JOHN W JEFFRIES re 21 Order.
    (cbj) (Entered: 03/23/2007)
    03/22/2007 29  Partial Filing fee: $ 4.00, receipt number 4-1349 (amm) (Entered: 03/28/2007)
    03/26/2007 28  ORDER - DENIED, as moot plaintiff's 24 Motion For Order Allowing Confidential Release of Exempted Records. The information has been obtained and forwarded to the USMS.
    Signed by Judge MILES DAVIS on March 26, 2007.

    (cc: Jeffries)
    (cbj) (Entered: 03/26/2007)

    04/04/2007 30  WAIVER OF SERVICE Returned Executed - CHARLES DIX waiver sent on 2/6/2007, answer due 4/9/2007.
    (cbj) (Entered: 04/06/2007)
    04/10/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 30 Waiver of Service Executed as to CHARLES DIX
    NO Answer filed.
    (cbj) (Entered: 04/10/2007)
    04/17/2007 31  USM-285/SUMMONS Returned Executed PRISON HEALTH SERVICES INC served (Donna Moch, Section Head) on 4/2/2007, answer due 6/1/2007.
    (cbj) (Entered: 04/18/2007)
    04/17/2007 32  WAIVER OF SERVICE Returned Executed JAMES EDWARD SULLIVAN waiver sent on 2/6/2007, answer due 4/9/2007.
    (cbj) (Entered: 04/18/2007)
    04/18/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 32 Waiver of Service Executed as to JAMES SULLIVAN
    No Answer filed.

    (file previously referred 4/10/2007)
    (cbj) (Entered: 04/18/2007)

    04/19/2007   Reset Deadline, as requested by law clerk* - Chambers of Davis to be notified that action is needed Re: 23 Order; -
    *Refer file to Chambers on 6/17/2007
    (cbj) (Entered: 04/19/2007)
    04/23/2007 33  NOTICE Of Error And REQUEST For Further Instructions by JOHN W JEFFRIES re 9 Amended Complaint
    (cbj) (Entered: 04/23/2007)
    04/24/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 33 Notice Of Error And Request For Further Instructions
    (cbj) (Entered: 04/24/2007)
    04/24/2007 35  Partial Filing fee: $ 4.00, receipt number 4-1627 (amm) (Entered: 04/30/2007)
    05/09/2007 36  NOTICE of Appearance by JEANNETTE MARIE ANDREWS on behalf of PRISON HEALTH SERVICES INC (ANDREWS, JEANNETTE) (Entered: 05/09/2007)
    05/09/2007 37  MOTION for Permission To Participate In Limited Discovery by JOHN W JEFFRIES.
    (cbj) (Entered: 05/10/2007)
    05/10/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed
    Re: 37 MOTION for Permission To Participate In Limited Discovery ;
    Motions referred to MILES DAVIS.
    (cbj) (Entered: 05/10/2007)
    05/11/2007 38  ORDER - re Plaintiff's 37 Motion for Permission to participate in limited Discovery from defendant Prison Health Services -
  • Requested relief is DENIED without prejudice.
  • Defendant Prison Health Services' special report is not due until 6/1/2007. If this defendant fails to provide copies of relevant medical records in its special report, plaintiff may resubmit his motion.
    Signed by Judge MILES DAVIS on May 11, 2007.

    (cc: Jeffries)
    (cbj) (Entered: 05/11/2007)

  • 05/21/2007 39  NOTICE of Appearance by TIMOTHY M WARNER on behalf of JAMES EDWARD SULLIVAN, CHARLES DIX (WARNER, TIMOTHY) (Entered: 05/21/2007)
    05/21/2007 40  MOTION For Extension of Time to File Motion to Dismiss... or File a Special Report by CHARLES DIX. (WARNER, TIMOTHY)
    Modified on 5/21/2007 to reflect correct title of pleading (cbj, Pensacola). (Entered: 05/21/2007)
    05/22/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 40 MOTION For Extension of Time Within Which to File Motion to Dismiss... or To File a Special Report; (to 5/30/2007)
    Motions referred to MILES DAVIS.
    (cbj) (Entered: 05/22/2007)
    05/22/2007 41  ORDER -
  • GRANTED, 40 Motion for Extension of Time (to 5/30/2007) to file motion to dismiss... or to file a special report.
    Signed by Judge MILES DAVIS on May 22, 2007.

    (cc: Jeffries)
    (cbj) (Entered: 05/22/2007)

  • 05/22/2007   Set Deadline pursuant to order (doc.41);
    Motion to Dismiss due by 5/30/2007; alternatively, Miscellaneous (Special Report) Deadline - by 5/30/2007.
    (cbj) (Entered: 05/22/2007)
    05/25/2007 42  MOTION to Substitute Attorney* by JAMES EDWARD SULLIVAN. (DIETZEN, LEONARD)
    *(Attorney Dietzen to replace Timothy Warner) Modified on 5/25/2007 (cbj, Pensacola). (Entered: 05/25/2007)
    05/25/2007 43  MOTION to Extend Time Within Which to File Motion to Dismiss on the Basis of Failure to Exhaust Administrative Remedies or to File a Special Report by JAMES EDWARD SULLIVAN. (DIETZEN, LEONARD) (Entered: 05/25/2007)
    05/25/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re:
    - 42 MOTION to Substitute Attorney (Dietzen for Warner, on behalf of defendant SULLIVAN), and
    - 43 MOTION to Extend Time Within Which to File Motion to Dismiss on the Basis of Failure to Exhaust Administrative Remedies or to File a Special Report (to 7/13/2007);
    Motions referred to MILES DAVIS.
    (cbj) (Entered: 05/25/2007)
    05/29/2007 44  ORDER - GRANTED, 42 Motion to Substitute Attorney.
  • Added attorney LEONARD J DIETZEN for JAMES EDWARD SULLIVAN. Attorney TIMOTHY M WARNER terminated.
    Signed by Judge MILES DAVIS on May 29, 2007.
    (cbj) (Entered: 05/29/2007)
  • 05/29/2007 45  ORDER - GRANTED, 43 Motion For Extension of Time (to 7/13/2007) to file motion to dismiss... or to file special report.
    Signed by Judge MILES DAVIS on May 29, 2007.

    (cc: Jeffries)
    (cbj) (Entered: 05/29/2007)

    05/29/2007   Set Deadline, pursuant to order (doc.45), for motion to dismiss or special report;
    Miscellaneous Deadline - by 7/13/2007.
    (cbj) (Entered: 05/29/2007)
    05/29/2007 46  Second MOTION to Extend Time to File Motion to Dismiss or File a Special Report by CHARLES DIX. (WARNER, TIMOTHY) (Entered: 05/29/2007)
    05/30/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 46 Second MOTION For Extension Of Time to File Motion to Dismiss... or To File a Special Report (to 7/13/2007);
    Motions referred to MILES DAVIS.
    (cbj) (Entered: 05/30/2007)
    05/30/2007 47  MOTION For Extension of Time (within which to file a motion to dismiss... or to file a)* Special Report by PRISON HEALTH SERVICES INC. (ANDREWS, JEANNETTE)
    *Modified on 5/30/2007 to reflect correct title of pleading and to correct typographical errors (cbj, Pensacola). (Entered: 05/30/2007)
    05/30/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 47 MOTION For Extension of Time within which to file a motion to dismiss... or to file a Special Report
    Motions referred to MILES DAVIS.
    (cbj) (Entered: 05/30/2007)
    05/30/2007 48  ORDER - GRANTED, Defendant DIX's 46 Second Motion for Extension of Time.
  • No further extensions will be granted absent exceptional circumstances.
    Signed by Judge MILES DAVIS on May 30, 2007.

    (cc: Jeffries)
    (cbj) (Entered: 05/30/2007)

  • 05/30/2007 49  ORDER - GRANTED IN PART, defendant PRISON HEALTH SERVICES' 47 Motion For Extension of Time.
  • An extension is granted until 6/29/2007. The fact that Dix & Sullivan were granted extensions until 7/13/2007 does not constitute good cause for granting PHS that length of extension. Extensions are based on the individual circumstances underlying each motion.
    Signed by Judge MILES DAVIS on May 30, 2007.

    (cc: Jeffries)
    (cbj) (Entered: 05/30/2007)

  • 05/30/2007   ReSet Deadlines pursuant to orders (doc.48, 49)
  • CHARLES DIX answer due 7/13/2007 (special report or motion to dismiss);
  • PRISON HEALTH SERVICES INC answer due 6/29/2007 (special report or motion to dismiss).
    (cbj) (Entered: 05/30/2007)
  • 06/08/2007 50  NOTICE OF UNAVAILABILITY by JAMES EDWARD SULLIVAN (DIETZEN, LEONARD) (Entered: 06/08/2007)
    06/25/2007 54  Partial Filing fee: $ 4.00, receipt number 4-2131 (amm) (Entered: 07/02/2007)
    06/27/2007 51  SPECIAL REPORT (filed in response to plaintiff's amended complaint 9 )* by PRISON HEALTH SERVICES INC. (ANDREWS, JEANNETTE)
    *Modified on 6/28/2007 to reflect correct title of pleading and create document relationship to amended complaint (cbj, Pensacola). (Entered: 06/27/2007)
    06/27/2007 52  STATEMENT OF FACTS Filed in Support of It's Special Report Re: 51
    (Attachments: #(1) Exhibit A, #(2) Exhibit B, #(3) Exhibit C, #(4) Exhibit D, #(5) Exhibit E, #(6) Exhibit F, #(7) Exhibit G) (ANDREWS, JEANNETTE)
    *Modified on 6/28/2007 to correct document relationships (filer linked to order, doc. 17, in error) (cbj, Pensacola). (Entered: 06/27/2007)
    06/28/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 51 Defendant PRISON HEALTH SERVICES, INC.'S Special Report, and 52 Statement of Facts in support.
    (cbj) (Entered: 06/29/2007)
    07/13/2007 55  SPECIAL REPORT FILED IN RESPONSE TO PLAINTIFF'S AMENDED COMPLAINT by JAMES EDWARD SULLIVAN. (DIETZEN, LEONARD)
    *Modified on 7/16/2007 to reflect correct title of pleading (cbj, Pensacola). (Entered: 07/13/2007)
    07/13/2007 56  STATEMENT OF FACTS FILED IN SUPPORT OF ITS SPECIAL REPORT Re: 55 (Special Report)*. (Attachments: # 1 IA PART 1# 2 IA PART 2) (DIETZEN, LEONARD)
    *Modified on 7/16/2007 (cbj, Pensacola). (Entered: 07/13/2007)
    07/13/2007 57  SPECIAL REPORT Filed in Response to Plaintiff's Amended Complaint. (WARNER, TIMOTHY)
    *Modified on 7/16/2007 to reflect correct title of pleading and filing party CHARLES DIX (cbj, Pensacola). (Entered: 07/13/2007)
    07/13/2007 58  STATEMENT OF FACTS Filed in Support of its Special Report Re: 57 (Special Report)*. (Attachments: # 1 Exhibit "A", Part 1a# 2 Exhibit "A" Part1b# 3 Exhibit "A", Part2a# 4 Exhibit "A" Part2b# 5 Exhibit "B" # 6 Exhibit "C"#7 Exhibit "D") (WARNER, TIMOTHY)
    *Modified on 7/16/2007 (cbj, Pensacola). (Entered: 07/13/2007)
    07/13/2007 59  ATTORNEY TIME RECORDS by CHARLES DIX. (WARNER, TIMOTHY) (Entered: 07/13/2007)
    07/13/2007 60  ATTORNEY TIME RECORDS - SEALED PORTION by CHARLES DIX. (WARNER, TIMOTHY) (Entered: 07/13/2007)
    07/16/2007 61  DOCKET ANNOTATION BY COURT: Re 55 Response filed by JAMES EDWARD SULLIVAN

    *NOTE TO FILERS: The above-referenced documents were posted using the incorrect event selection and have been corrected by the clerk. For future reference the correct event selection for "Special Report" is "SPECIAL REPORT" which is found under "Other Documents" under "Other Filings" and should be used in the future for such pleadings.
    (cbj) Modified on 7/16/2007 (cbj, Pensacola). (Entered: 07/16/2007)

    07/16/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re:
    51 Special Report (by Prison Health Services),
    55 Response (Special Report by James Sullivan),
    57 Response (Special Report by Charles Dix).
    (cbj) (Entered: 07/16/2007)
    07/16/2007 62  ATTORNEY TIME RECORDS by JAMES EDWARD SULLIVAN. (DIETZEN, LEONARD) (Entered: 07/16/2007)
    07/16/2007 63  ATTORNEY TIME RECORDS - SEALED PORTION by JAMES EDWARD SULLIVAN. (DIETZEN, LEONARD) (Entered: 07/16/2007)
    07/17/2007 64  ORDER re Defendants' special reports ( 57 ).
    1. Within thirty days from date of this order, plaintiff shall respond to the written reports filed by defendants, and file any evidence in support of his response.
    2. Failure to comply with this order may result in a recommendation of dismissal for failure to comply with a court order.
  • (Internal deadline for referral to judge if response not filed earlier: 8/16/2007)
    Signed by Judge MILES DAVIS on July 17, 2007.

    (cc: Jeffries)
    (cbj) (Entered: 07/17/2007)

  • 07/17/2007 65  Partial Filing fee: $ 20.53, receipt number 4-2336 (amm) (Entered: 07/24/2007)
    07/31/2007 66  Partial Filing fee: $ 110.07, receipt number 402440 (pll) (Entered: 08/01/2007)
    08/15/2007 67  ATTORNEY TIME RECORDS by CHARLES DIX. (WARNER, TIMOTHY) (Entered: 08/15/2007)
    08/15/2007 68  ATTORNEY TIME RECORDS - SEALED PORTION by CHARLES DIX. (WARNER, TIMOTHY) (Entered: 08/15/2007)
    08/16/2007 69  RESPONSE In Opposition To Defendants' Special Reports re 51 Special Report (by Prison Health), 55 Special Report (by James Sullivan), and 57 Special Report (by Charles Dix) by JOHN W JEFFRIES.
    (cbj) (Entered: 08/16/2007)
    08/16/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 69 Response In Opposition To Defendants' Special Reports.
    (cbj) (Entered: 08/16/2007)
    08/20/2007 75  Partial Filing fee: $ 145.67, receipt number 4-2630
    (cbj) (Entered: 08/24/2007)
    08/22/2007 70  ORDER re 51 Special Report filed by PRISON HEALTH SERVICES INC, 55 Special Report filed by JAMES EDWARD SULLIVAN, 57 Special Report filed by CHARLES DIX , and 69 Response in opposition filed by JOHN W JEFFRIES -
  • As of the date of this order, the special reports s/b treated as motions for summary judgment and plaintiff's response s/b treated as response to motions for summary judgment.
    1. On or after 9/21/2007 ("the submission date"), the court shall consider the motions for summary judgment and may resolve w/o an evidentiary hearing.
    2. On or before submission date, Plaintiff may file further response to MSJ.
    3. On or before submission date, Defendants may submit additional Rule 56 materials.
    4. Any documents filed after submission date will not be considered by the court barring exceptional circumstances.
    5. Clerk shall return file to MD on 9/21/2007.
  • Miscellaneous ("submission date") Deadline - by 9/21/2007.
    Signed by Judge MILES DAVIS on August 22, 2007.

    (cc: Jeffries)
    (cbj) Modified on 8/22/2007 (clarify documents by filing parties) (cbj, Pensacola). (Entered: 08/22/2007)

  • 08/22/2007 71  *MOTION for Summary Judgment (see document image at 51 ) by PRISON HEALTH SERVICES INC.
    (Internal deadline for referral to judge if response not filed earlier: 9/21/2007)

    *Pursuant to order (doc.70) special report being treated as MSJ, as of this date.
    (cbj) (Entered: 08/22/2007)

    08/22/2007 72  *MOTION for Summary Judgment (see document image at 55 ) by JAMES EDWARD SULLIVAN.
    (Internal deadline for referral to judge if response not filed earlier: 9/21/2007)

    *Pursuant to order (doc.70) special report being treated as MSJ, as of this date.
    (cbj) (Entered: 08/22/2007)

    08/22/2007 73  *MOTION for Summary Judgment (see document image at 57 ) by CHARLES DIX.
    (Internal deadline for referral to judge if response not filed earlier: 9/21/2007)

    *Pursuant to order (doc.70) special report being treated as MSJ, as of this date.
    (cbj) (Entered: 08/22/2007)

    08/22/2007 74  *RESPONSE to Motions (see document image at 69 ) re 71 MOTION for Summary Judgment, 72 MOTION for Summary Judgment, 73 MOTION for Summary Judgment filed by JOHN W JEFFRIES.

    *Pursuant to order (doc.70), plaintiff's response (doc.69) being treated as Response to MSJ, as of this date.
    (cbj) (Entered: 08/22/2007)

    08/27/2007 76  Defendant Stephanie Clark ANSWER to Amended Complaint by JANE 1 DOE. (ANDREWS, JEANNETTE)
    *Modified on 8/28/2007 (see docket annotation #79, requesting filer to refile as "special report") (cbj, Pensacola).
    (Entered: 08/27/2007)
    08/27/2007 77  Defendant Annie Adams ANSWER to Amended Complaint by JANE 2 DOE. (ANDREWS, JEANNETTE)
    *Modified on 8/28/2007 (see docket annotation #79, requesting filer to refile as "special report") (cbj, Pensacola).
    (Entered: 08/27/2007)
    08/27/2007 78  STATEMENT OF FACTS of Defendants Clark and Adams (in support of their special reports)* Re: 80 Special Report (of Stephanie Clark) and 81 Special Report (of Annie Adams) filed by JANE 1 DOE, JANE 2 DOE. (ANDREWS, JEANNETTE)
    Modified on 8/28/2007 (document relationships will be corrected upon re-filing of docs. 76,77 [see docket annotation #79] ) (cbj, Pensacola).
    *Modified on 8/28/2007 (document relationship corrected by linking to special reports) (cbj, Pensacola). (Entered: 08/27/2007)
    08/28/2007 79  DOCKET ANNOTATION BY COURT: Re 76 Answer to Amended Complaint filed by JANE 1 DOE, 77 Answer to Amended Complaint filed by JANE 2 DOE

    *NOTE TO FILER (Atty Andrews): The above-referenced documents have been filed incorrectly. To insure the accuracy of the docket and proper reporting, you should re-post the documents using the correct Event Selection (i.e. "SPECIAL REPORT") which is found under "Other Documents" under "Other Filings".
    (cbj) (Entered: 08/28/2007)

    08/28/2007 80  SPECIAL REPORT (of Stephanie Clark)* by JANE 1 DOE. (ANDREWS, JEANNETTE)
    *Modified on 8/28/2007 (to reflect defendant's name) (cbj, Pensacola). (Entered: 08/28/2007)
    08/28/2007 81  SPECIAL REPORT (of Annie Adams)* by JANE 2 DOE. (ANDREWS, JEANNETTE)
    *Modified on 8/28/2007 (to reflect defendant's name) (cbj, Pensacola). (Entered: 08/28/2007)
    08/28/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 80 Special Report (of Stephanie Clark), 81 Special Report (of Annie Adams), and 78 Statement of Facts (in support...).
    (cbj) (Entered: 08/28/2007)
    08/28/2007 82  ORDER re 80 Special Report filed by JANE 1 DOE (Stephanie Clark), 81 Special Report filed by JANE 2 DOE (Annie Adams).
    1. Clerk shall change docket to reflect that Stephanie Clark and Annie Adams have been substituted as defendants Jane Doe 1 and Jane Doe 2, respectively.
    2. Within thirty (30) days from date of this order, pltf shall respond to special reports filed by defendants CLARK and ADAMS.
    3. Within thirty (30) days pltf shall attempt to ascertain identity and whereabouts of defendant John Doe (Dorm Officer at EscCo Jail on 1/18/2007) by submitting request to Sheriff, along with copy of this order.
    4. Clerk shall forward copy of this order to Nicole Key, USM Svc, 111 N. Adams St, Suite 277, Tallahassee, FL 32301.
  • (Internal deadline for referral to judge if response not filed earlier: 9/27/2007)
    Signed by Judge MILES DAVIS on August 28, 2007.

    (cc: Jeffries; Nicole Key c/o USMS)
    (cbj) (Entered: 08/28/2007)

  • 09/10/2007 83  INCORRECT DOCUMENT - SEE CORRECTED DOCUMENT AT 86 - CERTIFICATE of Counsel of Notice of Serving Special Reports to Pro Se Plaintiff by JEANNETTE MARIE ANDREWS on behalf of PRISON HEALTH SERVICES INC (ANDREWS, JEANNETTE)
    *Modified on 9/11/2007 (advised counsel, telephonically, of incorrect page 1, and need to re-file using correct event selection and link to documents being served; see doc.86) (cbj, Pensacola). (Entered: 09/10/2007)
    09/10/2007 84  MOTION For An Extension of Filing Time (30 days, to respond to special reports) by JOHN W JEFFRIES.
    (cbj) (Entered: 09/11/2007)
    09/10/2007 85  NOTICE To The Court by JOHN W JEFFRIES re 82 Order, directing response to special reports, etc.
    (cbj) (Entered: 09/11/2007)
    09/11/2007 86  CERTIFICATE OF SERVICE by PRISON HEALTH SERVICES INC re* 51 Special Report (by Prison Health Services), 55 Response (Special Report by James Sullivan), 57 Response (Special Report by Charles Dix) (ANDREWS, JEANNETTE)
    *Modified on 9/11/2007 (to correct document relationships [removed #84, and replaced with above-referenced special reports]) (cbj, Pensacola). (Entered: 09/11/2007)
    09/11/2007 87  DOCKET ANNOTATION BY COURT: Re 86 Certificate of Service (of Special Reports, docs.51,55,57)*, filed by PRISON HEALTH SERVICES INC

    *NOTE TO FILER: Above-referenced document has been corrected, by clerk, to reflect the correct document relationships, as indicated.
    (cbj) (Entered: 09/11/2007)

    09/11/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 84 MOTION to Extend Time, 85 Notice To The Court.
    Motions referred to MILES DAVIS.
    (cbj) (Entered: 09/11/2007)
    09/12/2007 88  ORDER - GRANTED in part, Omnibus Filing Including 1) 84 Motion For An Extension of Time, 2) Notice to the Court -
  • The docket reflects that pltf was served with copies of the special reports on 9/10/2007. Pltf shall respond to the special reports on or before 10/10/2007.
    Signed by Judge MILES DAVIS on September 12, 2007.

    (cc: Jeffries)
    (cbj) (Entered: 09/12/2007)

  • 09/12/2007   Set Deadline - re order 88 ;
  • (Internal deadline for referral to judge if response not filed earlier: 10/10/2007).
    (cbj) (Entered: 09/12/2007)
  • 09/13/2007 89  ORDER re 85 Notice To The Court (re order doc 82 ) filed by JOHN W JEFFRIES -
  • 1. No order permitting amendment of the complaint will be issued at this time.
  • 2. If Sheriff McNesby does not provide identity and whereabouts of John Doe deft within thirty (30) days, pltf may file a motion to amend and a proposed second amended complaint (which shall be filed & docketed separately). A complaint form may be obtained from the clerk of court.
    Signed by Judge MILES DAVIS on September 13, 2007.

    (cc: Jeffries)
    (cbj) (Entered: 09/13/2007)

  • 09/13/2007 90  ATTORNEY TIME RECORDS by CHARLES DIX. (WARNER, TIMOTHY) (Entered: 09/13/2007)
    09/13/2007 91  ATTORNEY TIME RECORDS - SEALED PORTION by JOHN W JEFFRIES. (WARNER, TIMOTHY) (Entered: 09/13/2007)
    09/13/2007 92  ATTORNEY TIME RECORDS - SEALED PORTION by CHARLES DIX. (WARNER, TIMOTHY)
    Modified on 9/13/2007 (DUPLICATE OF DOC.91) (cbj, Pensacola). (Entered: 09/13/2007)
    09/21/2007 93  *STATEMENT OF FACTS of PHS, Adams and Clark Re: 70 Order,,,,, Set Deadlines/Hearings,,,, filed by PRISON HEALTH SERVICES INC. (ANDREWS, JEANNETTE) Modified on 9/24/2007 (cbj, Pensacola).

    *(NOTE: referenced Exhibit "G" NOT Attached; See corrected filing at 94 w/attachment)
    (Entered: 09/21/2007)

    09/21/2007 94  TO BE REFILED* STATEMENT OF FACTS Supplemental of Adams, Clark and PHS Re: 70 Order,,,,, Set Deadlines/Hearings,,,, filed by PRISON HEALTH SERVICES INC. (Attachments: # 1 Affidavit of Dr. Monastero) (ANDREWS, JEANNETTE) Modified on 9/24/2007 (cbj, Pensacola).

    *(Note: Document to be re-filed by PRISON HEALTH SERVICES only, and linked to proper document(s) (i.e. 51, 71 MSJ) - re doc 70 . (Entered: 09/21/2007)

    09/21/2007 95  TO BE REFILED* RESPONSE re 94 Statement of Facts, 51 Special Report, 70 Order,,,,, Set Deadlines/Hearings,,,, of Supplemental Filing and Memo of Law in Support of Motion for Summary Judgment. (ANDREWS, JEANNETTE) Modified on 9/24/2007 (cbj, Pensacola).

    **(Note: Document to be re-filed as Memorandum In Support by PRISON HEALTH SERVICES only, and linked to proper document(s) (i.e. 51, 71 MSJ) - re doc 70 . (Entered: 09/21/2007)

    09/21/2007 96  NOTICE To The Court (w/affidavit of plaintiff) by JOHN W JEFFRIES
  • (Attachments: # 1 Letter to clerk, requesting 42 U.S.C. § 1983 form to amend complaint)
    (cbj) (Entered: 09/21/2007)
  • 09/24/2007 97  STATEMENT OF FACTS Supplemental of Prison Health Services Re: 51 Special Report, 71 MOTION for Summary Judgment. (Attachments: # 1 Affidavit of Dr. Monastero) (ANDREWS, JEANNETTE) (Entered: 09/24/2007)
    09/24/2007 98  *FILED IN ERROR (See doc 99 ) MEMORANDUM in Support re 71 MOTION for Summary Judgment Supplemental filed by PRISON HEALTH SERVICES INC. (ANDREWS, JEANNETTE)
    *Modified on 9/24/2007 (pursuant to telephone call from filer, this document was filed in error; see doc. 99 for correct document) (cbj, Pensacola). (Entered: 09/24/2007)
    09/24/2007 99  MEMORANDUM in Support re 71 MOTION for Summary Judgment Supplemental (see image at 51 )* filed by PRISON HEALTH SERVICES INC. (ANDREWS, JEANNETTE)
    *Modified on 9/24/2007 (to create additional document relationship) (cbj, Pensacola). (Entered: 09/24/2007)
    09/24/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 96 Notice To The Court.
    (cbj) (Entered: 09/24/2007)
    09/24/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 97 Statement of Facts, 99 Memorandum in Support of Motion.
    (cbj) (Entered: 09/24/2007)
    10/09/2007 101  RESPONSE re 80 Special Report (of Stephanie Clark), 81 Special Report (of Annie Adams) by JOHN W JEFFRIES.
    (cbj) (Entered: 10/09/2007)
    10/09/2007 102  NOTICE To The Court (w/attached Sheriff's Office letter) by JOHN W JEFFRIES
    (cbj) (Entered: 10/09/2007)
    10/09/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 101 Response To The Special Reports of E.M.T. Stephanie Clark and R.M.A. Annie Adams; and 102 Notice To The Court.
    (cbj) Modified on 10/9/2007 (file previously referred) (cbj, Pensacola). (Entered: 10/09/2007)
    10/11/2007 104  ORDER re 102 Notice To The Court (w/Attach.) filed by JOHN W JEFFRIES -
  • Clerk shall change docket to reflect that Retired Deputy Robert White has been substituted as deft JOHN DOE. Clerk shall ensure that the docket now reflects six defendants: James Edward Sullivan, Charles Dix, Prison Health Services, Inc., Robert White, Stephanie Clark and Annie Adams.
  • Clerk shall issue summons for deft White, indicating 60 days to respond, and refer summons to USM (Attn. Nicole Key) with copy of this order, copy of this court's original service order 17 , and a copy of amended complaint 9 .
  • Upon receipt of Mr. White's address, USM shall serve deft White as instructed in this order.
  • Upon completion of service, USM shall file with clerk the return and written statement of all costs incurred of making service.
    Signed by Judge MILES DAVIS on October 11, 2007.

    (cc: Jeffries; USM w/docs.9 & 17)
    (cbj) (Entered: 10/11/2007)

  • 10/11/2007 105  Summons Issued as to ROBERT WHITE, and forwarded to USM w/and pursuant to order 104 .
    (cbj) (Entered: 10/11/2007)
    10/11/2007 106  ATTORNEY TIME RECORDS by CHARLES DIX. (WARNER, TIMOTHY) (Entered: 10/11/2007)
    10/11/2007 107  ATTORNEY TIME RECORDS - SEALED PORTION by CHARLES DIX. (WARNER, TIMOTHY) (Entered: 10/11/2007)
    10/16/2007 108  ORDER re 80 Special Report filed by (STEPHANIE CLARK) JANE 1 DOE, 81 Special Report filed by (ANNIE ADAMS) JANE 2 DOE, and 101 Response filed by JOHN W JEFFRIES -
  • As of the date of this order, the special reports s/b treated as motions for summary judgment and plaintiff's response s/b treated as response to motions for summary judgment.
    1. On or after 11/16/2007 ("the submission date"), the court shall consider the motions for summary judgment and may resolve w/o an evidentiary hearing.
    2. On or before submission date, Plaintiff may file further response to MSJ.
    3. On or before submission date, Defendants (Clark & Adams) may submit additional Rule 56 materials.
    4. Any documents filed after submission date will not be considered by the court barring exceptional circumstances.
    5. Clerk shall return file to MD on 11/16/2007.
  • Miscellaneous ("submission date") Deadline - by 11/16/2007.
    Signed by Judge MILES DAVIS on October 16, 2007.

    (cc: Jeffries)
    (cbj) (Entered: 10/17/2007)

  • 10/16/2007 109  *MOTION for Summary Judgment (see document image at 80 ) by STEPHANIE CLARK.
    (Internal deadline for referral to judge if response not filed earlier: 11/16/2007)

    *Pursuant to order (doc.108) special report being treated as MSJ, as of this date.
    (cbj) (Entered: 10/17/2007)

    10/16/2007 110  *MOTION for Summary Judgment (see document image at 81 ) by ANNIE ADAMS.
    (Internal deadline for referral to judge if response not filed earlier: 11/16/2007)

    *Pursuant to order (doc.108) special report being treated as MSJ, as of this date.
    (cbj) (Entered: 10/17/2007)

    10/16/2007 111  *RESPONSE to Motion (see document image at 101 ) re 109 MOTION for Summary Judgment, 110 MOTION for Summary Judgment, filed by JOHN W JEFFRIES.

    *Pursuant to order (doc.108) plaintiff's response (doc.101) being treated as Response to MSJ, as of this date.
    (cbj) (Entered: 10/17/2007)

    10/29/2007 112  WAIVER OF SERVICE Returned Executed by ROBERT WHITE. ROBERT WHITE waiver sent on 10/19/2007, answer due 12/18/2007.
    (cbj) (Entered: 10/29/2007)
    11/19/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MILES DAVIS notified that action is needed Re: 109 MOTION for Summary Judgment (image at 110 MOTION for Summary Judgment (image at 81 ), and 111 Response to Motion (image at 101 ).
    Motions referred to MILES DAVIS.
    (cbj) (Entered: 11/19/2007)
    12/07/2007 113  SPECIAL REPORT by ROBERT WHITE. (Attachments: # 1 Affidavit of Robert White) (TISCHLER, KEITH) (Entered: 12/07/2007)
    12/10/2007   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MILES DAVIS notified that action is needed Re: Defendant ROBERT WHITE's 113 Special Report.
    (cbj) (Entered: 12/10/2007)
    12/13/2007 114  ORDER re 113 Special Report filed by ROBERT WHITE
  • Within thirty (30) days from order date, pltf shall respond to the special report and shall file evidence in support of his response.
  • (Internal deadline for referral to judge if response not filed earlier: 1/12/2008).
    Signed by MAGISTRATE JUDGE MILES DAVIS on December 13, 2007.

    (cc: Jeffries)
    (cbj) (Entered: 12/13/2007)

  • 01/04/2008 115  RESPONSE re 113 Special Report (of Deputy Robert A White) by JOHN W JEFFRIES.
    (cbj) (Entered: 01/04/2008)
    01/04/2008   ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MILES DAVIS notified that action is needed Re: 115 Response to special report of Deputy Robert A. White.
    (file previously referred 11/6/2007, and remains with Court)
    (cbj) (Entered: 01/04/2008)
    01/08/2008 116  ORDER re 113 Special Report filed by ROBERT WHITE, 115 Response filed by JOHN W JEFFRIES,
  • As of date of this order the special report should be treated as a motion for summary judgment (MSJ) and plaintiff's response should be treated as response to MSJ.
    1. On or after 1/18/2008 (the "submission date") the court shall consider the MSJ and may resolve w/o evidentiary hearing.
    2. On or before submission date, Plaintiff may file further response to MSJ.
    3. On or before submission date, Defendant WHITE may submit additional Rule 56 materials.
    4. Any documents filed after submission date will not be considered by the court barring exceptional circumstances.
  • Response to motion due by 1/18/2008.
  • Miscellaneous ("submission date") Deadline - by 1/18/2008.
    Signed by MAGISTRATE JUDGE MILES DAVIS on January 8, 2008.

    (cc: Jeffries)
    (cbj) (Entered: 01/08/2008)

  • 01/08/2008 117  MOTION for Summary Judgment* (see document image at 113 ) by ROBERT WHITE. (Internal deadline for referral to judge if response not filed earlier: 1/18/2008).

    *Pursuant to order 116 special report being treated as MSJ, as of this date.
    (cbj) (Entered: 01/08/2008)

    01/08/2008 118  RESPONSE to Motion* (see document image at 115 ) re 117 MOTION for Summary Judgment filed by JOHN W JEFFRIES.

    *Pursuant to order 116 plaintiff's response (doc.115) being treated as Response to MSJ, as of this date.
    (cbj) (Entered: 01/08/2008)

    01/22/2008 119  REPORT AND RECOMMENDATION re 72 MOTION for Summary Judgment filed by JAMES EDWARD SULLIVAN, 73 MOTION for Summary Judgment filed by CHARLES DIX, 109 MOTION for Summary Judgment filed by STEPHANIE CLARK, 110 MOTION for Summary Judgment filed by ANNIE ADAMS, 71 MOTION for Summary Judgment filed by PRISON HEALTH SERVICES INC, 117 MOTION for Summary Judgment filed by ROBERT WHITE:
      It is recommended
    1. That defts Sullivan's and Dix's motions for summary judgment (MSJ) (#72,73) be DENIED.
    2. That deft Clark's MSJ (#109) be DENIED.
    3. That deft Adams' MSJ (#110) be GRANTED.
    4. That deft Prison Health Services' (PHS) motion for summary judgment (#71) be GRANTED IN PART AND DENIED IN PART as follows: (see order image)
    5. That deft Robert White's MSJ (#117) be DENIED.
    6. That this matter be referred to undersigned for further proceedings.
  • Internal deadline for referral to district judge if objections are not filed earlier: 2/19/2008.
    Signed by MAGISTRATE JUDGE MILES DAVIS on January 22, 2008.

    (cc: Jeffries)
    (cbj) (Entered: 01/22/2008)

  • 01/31/2008 120  OBJECTION to 119 Report and Recommendations by ROBERT WHITE. (TISCHLER, KEITH) (Entered: 01/31/2008)
    02/21/2008   ACTION REQUIRED BY DISTRICT JUDGE: Chambers of District Judge M CASEY RODGERS notified that action is needed Re:
    119 REPORT AND RECOMMENDATION,
    120 Objection to Report and Recommendations (by Deft WHITE)
    (cbj) (Entered: 02/21/2008)
    03/06/2008 121  NOTICE OF SUPPLEMENTAL AUTHORITY by ROBERT WHITE re 120 Objection to Report and Recommendations, 117 MOTION for Summary Judgment (Attachments: # 1 Webb v. Langly) (TISCHLER, KEITH) (Entered: 03/06/2008)
    03/06/2008   ACTION REQUIRED BY DISTRICT JUDGE: Chambers of District Judge M CASEY RODGERS notified that action is needed Re: 121 Notice Of Supplemental Authority in support of 117 MOTION for Summary Judgment and 120 Objection to Report and Recommendations
    (cbj) (Entered: 03/06/2008)
    03/12/2008 122  ORDER ADOPTING REPORT AND RECOMMENDATION
    1. 119 Report and Recommendation, is ADOPTED.
    2. 72 Motion for Summary Judgment, filed by JAMES EDWARD SULLIVAN, 73 Motion for Summary Judgment, filed by CHARLES DIX are DENIED.
    3. 109 Motion for Summary Judgment, filed by STEPHANIE CLARK, is DENIED.
    4. 110 Motion for Summary Judgment, filed by ANNIE ADAMS, is GRANTED.
    5. 71 Motion for Summary Judgment, filed by PRISON HEALTH SERVICES INC, is GRANTED IN PART AND DENIED IN PART (see order image).
    6. 117 Motion for Summary Judgment, filed by ROBERT WHITE, is DENIED.
    7. This matter is referred to magistrate judge for further proceedings.
    Signed by District Judge M CASEY RODGERS on March 12, 2008.

    (cc: Jeffries)
    (cbj) (Entered: 03/13/2008)

    03/17/2008 123  ORDER -
  • Clerk shall change docket to reflect plaintiff's current address as (3101 Jarvis Street, Holiday, FL, 34690)*.
  • Clerk shall send notice to all members of the court's bar providing in substance:
      This is a notice of an opportunity to provide pro bono representation in a case that will be tried in Pensacola. The case has survived summary judgment, and pre-trial deadlines will be set within the next thirty days. The case is Jeffries v. Sullivan, Case No. 3:06cv344/MCR/MD.
  • Miscellaneous (Attorney Appearance) Deadline - by 4/21/2008.
    Signed by MAGISTRATE JUDGE MILES DAVIS on March 17, 2008.

    (cc: Jeffries*)
    (cbj)
    *Modified on 3/17/2008 (email request to TL clerk [shr] re new address)(cbj). (Entered: 03/17/2008)