| Court: | laed |
| Docket #: | 2:10-cv-03213 |
| Case Name: | Logiudice v. Nelson Coleman Correctional Center et al |
| PACER case #: | 143013 |
| Date filed: | 2010-09-23 |
| Date terminated: | 2010-10-15 |
| Date of last filing: | 2013-12-23 |
| Assigned to: | Judge Kurt D. Engelhardt |
| Referred to: | Magistrate Judge Daniel E. Knowles, III |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 555 Prisoner Petitions (Prison Condition) |
| Jury Demand: | Defendant |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Nicolo E. Logiudice, Jr. Plaintiff |
Nicolo E. Logiudice, Jr. |
| Nelson Coleman Correctional Center Defendant TERMINATED: 02/28/2012 |
Don A. Almerico |
| Elayn Hunt Correctional Center Defendant |
|
| Allen Correctional Center Defendant |
|
| Nicolo Evola Logiudice, Jr. Plaintiff |
Richard L. Traina |
| Louisiana State Defendant through the Louisiana Department of Public Safety and Corrections TERMINATED: 02/28/2012 |
Michael Courtney Keller Phyllis Esther Glazer |
| Roland Ladreyt Defendant in his official capacity as warden of Nelson Coleman Correctional Center TERMINATED: 02/28/2012 |
Don A. Almerico |
| Howard Prince Defendant TERMINATED: 12/18/2012 |
|
| Terry Terrell Defendant Warden of Allen Correctional Center |
Samuel B. Gabb |
| Jason Asbill Defendant in his official capacity as a deputy at Nelson Coleman Correctional Center TERMINATED: 02/28/2012 |
Don A. Almerico |
| Tiffany Morales Defendant in her official capacity as a classification officer at Nelson Coleman Correctional Center TERMINATED: 02/28/2012 |
Don A. Almerico |
| Seth Smith Defendant TERMINATED: 12/18/2012 |
|
| Unidentified Parties Defendant |
|
| Paul Adams Defendant TERMINATED: 12/18/2012 |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2010-09-21 | 1 | 0 | Motion for Leave to Proceed in forma pauperis | EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Nicolo E. Logiudice, Jr. Motion(s) referred to Daniel E. Knowles, III. (cab) (Entered: 09/24/2010) | ||
| 2010-09-23 | 2 | 0 | Order on Motion for Leave to Proceed in forma pauperis | ORDER granting 1 Motion for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that the Clerk of Court withhold summons until further order of this Court. Signed by Magistrate Judge Daniel E. Knowles, III on 9/23/2010. (cab) (Entered: 09/24/2010) | ||
| 2010-09-23 | 3 | 0 | Complaint | COMPLAINT against Allen Correctional Center, Elayn Hunt Correctional Center, Nelson Coleman Correctional Center filed by Nicolo E. Logiudice, Jr. (Attachments: # 1 Civil Cover Sheet)(cab) (Entered: 09/24/2010) | ||
| 3 | 1 | Civil Cover Sheet | ||||
| 2010-09-30 | 4 | 0 | Report and Recommendations | REPORT AND RECOMMENDATIONS: 3 RECOMMENDED that plaintiff's claims against the Nelson Coleman Correctional Center, the Elayn Hunt Correctional Center, and the Allen Correctional Center be DISMISSED WITH PREJUDICE as frivolous & for otherwise failing to state a claim on which relief may be granted. Objections to R&R due by 10/14/2010. Signed by Magistrate Judge Daniel E. Knowles, III on 9/30/10.(sek, ) (Entered: 09/30/2010) | ||
| 2010-10-12 | 5 | 0 | Objection to Report and Recommendations | OBJECTION to 4 Report and Recommendations by Nicolo E. Logiudice, Jr. (cab) (Entered: 10/12/2010) | ||
| 2010-10-15 | 6 | 0 | Order Adopting Report and Recommendations | ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 ; IT IS ORDERED that plaintiff's claims against the Nelson Coleman Correctional Center, the Elayn Hunt Correctional Center, and the Allen Correctional Center are DISMISSED WITH PREJUDICE as frivolous and for otherwise failing to state a claim on which relief may be granted as stated within document. Signed by Judge Kurt D. Engelhardt on 10/15/2010.(cab) (Entered: 10/18/2010) | ||
| 2010-10-15 | 7 | 0 | Judgment | JUDGMENT - IT IS ORDERED, ADJUDGED, AND DECREED that plaintiff's claims against the Nelson Coleman Correctional Center, the Elayn Hunt Correctional Center, and the Allen Correctional Center are DISMISSED WITH PREJUDICE as frivolous and for otherwise failing to state a claim on which relief may be granted as stated within document. Signed by Judge Kurt D. Engelhardt on 10/15/2010.(cab) (Entered: 10/18/2010) | ||
| 2010-11-12 | 8 | 0 | Notice of Appeal | NOTICE OF APPEAL by Nicolo E. Logiudice, Jr as to 7 Judgment. (cab) Modified on 12/7/2010 to edit incorrect file date on document (bbc, ). (Entered: 11/15/2010) | ||
| 2010-11-12 | 9 | 0 | Motion for Leave to Appeal in forma pauperis | MOTION for Leave to Appeal in forma pauperis by Nicolo E. Logiudice, Jr. (cab) Modified on 12/7/2010 to edit incorrect file date on document (bbc, ). (Entered: 11/16/2010) | ||
| 2010-12-15 | 11 | 0 | Order on Motion for Leave to Appeal in forma pauperis | ORDER granting 9 Motion for Leave to Appeal in forma pauperis. Signed by Judge Kurt D. Engelhardt on 12/15/2010. (cab) (Entered: 12/15/2010) | ||
| 2010-12-16 | 12 | 0 | Appeal Record Sent to USCA | Certified and Transmitted Record on Appeal to US Court of Appeals re 8 Notice of Appeal. USCA Case Number 10-31133. (caa, ) (Entered: 12/17/2010) | ||
| 2011-02-14 | 13 | 0 | Letter | Letter to the Court from plaintiff, Nicolo E. Logiudice, Jr. dated 2/14/2011. (cab) (Entered: 02/15/2011) | ||
| 2011-02-24 | 14 | 0 | Order | ORDER - The Court has received the February 14, 2011 letter from Plaintiff 13 , which requests that this Court re-characterize this action to reflect that Plaintiff was not a "Prisoner" when he filed the Complaint. Based on the attachments to this letter, IT IS ORDERED that the Clerk shall amend the "cause" on the docket sheet in this matter to state "42:1983 Civil Rights", as opposed to "42:1983 Prisoner Civil Rights" as stated within document. Signed by Judge Kurt D. Engelhardt on 2/24/2011.(cab) (Entered: 02/24/2011) | ||
| 2011-06-10 | 15 | 0 | USCA Judgment | USCA JUDGMENT issued as mandate on 6/9/2011 as to 8 Notice of Appeal filed by Nicolo E. Logiudice, Jr.. ORDERED that the Judgment of District Court is vacated and the cause is remanded to the District Court for further proceedings in accordance with the opinion of this Court. USCA judge name: Davis, Smith and Southwick. (cab) (Entered: 06/13/2011) | ||
| 2011-06-10 | 16 | 0 | Appeal Record Returned | Appeal Record Returned (original exhibits and/or non-electronic documents) from U.S. Court of Appeals: 8 Notice of Appeal. (cab) (Entered: 06/13/2011) | ||
| 2011-06-16 | 17 | 0 | Order Referring/Remanding Case to Magistrate Judge | ORDER that Plaintiff shall file his Amended Complaint within twenty days and properly serve all defendants. FURTHER ORDER Referring Case to Magistrate Judge Daniel E. Knowles, III. Signed by Judge Kurt D. Engelhardt on 6/16/2011. (NEF: MAG-3)(caa, ) (Entered: 06/17/2011) | ||
| 2011-07-01 | 18 | 0 | Motion for Extension of Time to File | MOTION for Extension of Time to File Amended Complaint by Nicolo E. Logiudice, Jr.. Motion(s) referred to Daniel E. Knowles, III. (cab) (Entered: 07/06/2011) | ||
| 2011-07-07 | 19 | 0 | Order on Motion for Extension of Time to File | ORDER granting 18 Motion for Extension of Time to File Amended Complaint on or before 8/5/2011. Signed by Magistrate Judge Daniel E. Knowles, III on 7/7/11. (plh, ) (Entered: 07/07/2011) | 2011-07-14 16:43:00 | f56ce70b49f3b391b1cfbb1a52ec228b268987e7 |
| 2011-08-03 | 20 | 0 | Amended Complaint | SUPPLEMENTAL and AMENDED COMPLAINT with Jury Demand against Louisiana State, Roland Ladreyt, Howard Prince, Terry Terrell, Jason Asbill, Tiffany Morales, Seth Smith, Unidentified Parties filed by Nicolo Evola Logiudice, Jr.(cab) (Entered: 08/04/2011) | 2011-10-12 00:42:19 | 5c1c8f2a7d5fba248a0aefea52922f23969f64f6 |
| 2011-08-26 | 21 | 0 | Answer to Amended Complaint | ANSWER to 20 Supplemental and Amended Complaint by Terry Terrell.(Gabb, Samuel) Modified on 8/29/2011 to edit text (cab). (Entered: 08/26/2011) | 2011-09-02 19:45:01 | 23345868058b9b644579ee05a63566c5aafdef96 |
| 2011-08-31 | 22 | 0 | Motion for Extension of Time to Answer | EXPARTE/CONSENT MOTION for Extension of Time to Answer re 3 Complaint and 20 Amended Complaint by Jason Asbill, Roland Ladreyt, Tiffany Morales. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Almerico, Don) Modified on 9/1/2011 to edit text (cab). (Entered: 08/31/2011) | ||
| 22 | 1 | |||||
| 2011-09-06 | 23 | 0 | Order on Motion for Extension of Time to Answer | ORDER granting 22 Motion for Extension of Time to Answer re 3 Complaint, 20 Amended Complaint as to Jason Asbill, Roland Ladreyt, Tiffany Morales answer due 9/21/2011. Signed by Magistrate Judge Daniel E. Knowles, III on 9/6/2011. (mm, ) (Entered: 09/06/2011) | ||
| 2011-09-14 | 24 | 0 | Motion to Dismiss Party | MOTION to Dismiss Party State of Louisiana, through the Department of Public Safety and Corrections by Louisiana State. Motion(s) referred to Daniel E. Knowles, III. Motion set for 10/12/2011 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Keller, Michael) (Entered: 09/14/2011) | ||
| 24 | 1 | Memorandum in Support | 2011-09-23 15:19:24 | 6c6b6b552092982374f7935b0af13eced11c90c6 | ||
| 24 | 2 | Notice of Submission (Civil Only) | ||||
| 2011-09-14 | 25 | 0 | Notice of Change of Address | NOTICE of Change of Address by Nicolo Evola Logiudice, Jr.. (cab) (Entered: 09/14/2011) | ||
| 2011-09-19 | 26 | 0 | Order | ORDER re 24 MOTION to Dismiss Party State of Louisiana, through the Department of Public Safety and Corrections filed by Louisiana State. ORDERED that plaintiff file a memorandum in opposition to that motion on or before October 12, 2011, at which time the motion will be taken under submission without the necessity of oral argument. Signed by Magistrate Judge Daniel E. Knowles, III on 9/14/2011.(mm, ) (Entered: 09/19/2011) | ||
| 2011-09-19 | 27 | 0 | Motion to Dismiss Party | MOTION to Dismiss Party Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Jason Asbill, Roland Ladreyt, Tiffany Morales, Nelson Coleman Correctional Center. Motion(s) referred to Daniel E. Knowles, III. Motion set for 10/12/2011 11:00 AM before Magistrate Judge Daniel E. Knowles III. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission)(Almerico, Don) Modified on 9/20/2011 to edit text (cab). (Entered: 09/19/2011) | ||
| 27 | 1 | 2011-09-23 15:12:44 | ffd2894b036077a14439d39834f6e28065c9b4da | |||
| 27 | 2 | |||||
| 2011-09-19 | 28 | 0 | Order | ORDER re 27 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Nelson Coleman Correctional Center, Tiffany Morales, Roland Ladreyt, Jason Asbill. ORDERED that plaintiff file a memorandum in opposition to that motion on or before October 12, 2011, at which time the motion will be taken under submission without the necessity of oral argument. Signed by Magistrate Judge Daniel E. Knowles, III on 9/19/11.(plh, ) (Entered: 09/19/2011) | 2011-09-23 15:12:15 | a1b656ac6d8442744da1c8ff2607a390fdb3126e |
| 2011-10-10 | 29 | 0 | Notice of Appearance | ***DEFICIENT*** NOTICE of Appearance by Richard L. Traina on behalf of Nicolo E. Logiudice, Jr. (Traina, Richard) Modified on 10/11/2011 (cab). (Entered: 10/10/2011) | 2011-10-12 00:35:48 | 8aefa89c4c795784db6ed27296a45b52ec228f9f |
| 2011-10-10 | 30 | 0 | Motion for Extension of Time to File Response/Reply | ***DEFICIENT*** EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 27 MOTION to Dismiss Party Pursuant to Federal Rule of Civil Procedure 12(b)(6), 24 MOTION to Dismiss Party State of Louisiana, through the Department of Public Safety and Corrections by Nicolo E. Logiudice, Jr. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Traina, Richard) Modified on 10/11/2011 (cab). (Entered: 10/10/2011) | ||
| 30 | 1 | 2011-10-12 00:37:26 | 5f516953d27a5c8641a2f9fdf1c16e121f2530d1 | |||
| 2011-10-11 | 31 | 0 | Motion to Enroll as Counsel of Record | EXPARTE/CONSENT MOTION to Enroll Richard L. Traina as Counsel of Record by Nicolo Evola Logiudice, Jr. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Traina, Richard) Modified on 10/12/2011 to edit text (cab). (Entered: 10/11/2011) | ||
| 31 | 1 | |||||
| 2011-10-12 | 32 | 0 | Motion for Extension of Time to File Response/Reply | EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss Party State of Louisiana, through the Department of Public Safety and Corrections and 27 MOTION to Dismiss Party Pursuant to Federal Rule of Civil Procedure 12(b)(6), by Nicolo Evola Logiudice, Jr. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Proposed Order)(Traina, Richard) Modified on 10/13/2011 to edit text (cab). (Entered: 10/12/2011) | ||
| 2011-10-12 | 33 | 0 | Order on Motion to Enroll as Counsel of Record | ORDER granting 31 Motion to Enroll as Counsel of Record. Signed by Judge Kurt D. Engelhardt on 10/12/2011. (caa, ) (Entered: 10/13/2011) | ||
| 2011-10-13 | 34 | 0 | Order on Motion for Extension of Time to File Response/Reply | ORDER granting 32 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Daniel E. Knowles, III on 10/13/11. (plh, ) (Entered: 10/13/2011) | ||
| 2011-11-02 | 35 | 0 | Response to Motion | RESPONSE to Motion filed by Nicolo Evola Logiudice, Jr re 24 MOTION to Dismiss Party State of Louisiana, through the Department of Public Safety and Corrections, 27 MOTION to Dismiss Party Pursuant to Federal Rule of Civil Procedure 12(b)(6). (Traina, Richard) Modified on 11/3/2011 to edit text (cab). (Entered: 11/02/2011) | 2011-11-03 14:18:39 | c865f58316e931b2bbea5af9d1c59de960573f90 |
| 2012-01-03 | 36 | 0 | Report and Recommendations | REPORT AND RECOMMENDATIONS re 27 MOTION to Dismiss Party Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Nelson Coleman Correctional Center, Tiffany Morales, Roland Ladreyt, Jason Asbill, 24 MOTION to Dismiss Party State of Louisiana, through the Department of Public Safety and Corrections filed by Louisiana State. Objections to R&R due by 1/17/2012. Signed by Magistrate Judge Daniel E. Knowles, III on 1/3/12.(plh, ) (Entered: 01/03/2012) | 2012-01-04 14:00:46 | 14132c6349845078fc044064ebe1f258baadd882 |
| 2012-01-17 | 37 | 0 | Objection to Report and Recommendations | OBJECTION to 36 Report and Recommendations dated Jan. 3, 2012 by Nicolo Evola Logiudice, Jr (Attachments: # 1 Exhibit A)(Traina, Richard) (Entered: 01/17/2012) | 2012-03-07 00:06:23 | d3413a9086685cb6e40850de11c5f01725e60a3d |
| 37 | 1 | Exhibit A | ||||
| 2012-02-01 | 38 | 0 | Notice of Change of Address | NOTICE of Change of Address by Richard L. Traina on behalf of Nicolo Evola Logiudice, Jr. (Traina, Richard) (Entered: 02/01/2012) | ||
| 2012-02-28 | 39 | 0 | Order Adopting Report and Recommendations | ORDER ADOPTING REPORT AND RECOMMENDATIONS 36 ; IT IS ORDERED that the motion to dismiss filed by the State of Louisiana, through the Department of Public Safety and Corrections, 24 , is GRANTED and that the claims against that defendant are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the motion to dismiss filed by Roland Ladreyt, Tiffany Morales, Jason Asbill, and the Nelson Coleman Correctional Center, 27 , is GRANTED and that the claims against Ladreyt, Morales, and Asbill in their official capacities and the claims against the Nelson Coleman Correctional Center are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that plaintiff shall have ten days to file a second supplemental and amended complaint so that he may properly name the allegedly liable parties as individuals acting under color of state law as opposed to as individuals acting in their official capacities as stated within document. Signed by Judge Kurt D. Engelhardt on 2/28/2012.(cab) (Entered: 02/28/2012) | 2012-02-29 09:43:50 | cc9da0b2a8a15dcfa2f5f218c779c57c3811f507 |
| 2012-03-09 | 40 | 0 | Second AMENDED and SUPPLEMENTAL COMPLAINT against Jason Asbill, Roland Ladreyt, Tiffany Morales, Howard Prince, Seth Smith, Terry Terrell, Unidentified Parties, Paul Adams filed by Nicolo Evola Logiudice, Jr.(Traina, Richard) Modified on 3/12/2012 to edit text (cab). (Entered: 03/09/2012) | |||
| 2012-03-13 | 41 | 0 | EXPARTE/CONSENT MOTION to Withdraw Richard L. Traina as Attorney for plaintiff by Nicolo Evola Logiudice, Jr. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Traina, Richard) (Entered: 03/13/2012) | |||
| 2012-03-14 | 42 | 0 | ANSWER to 40 Second Amended and Supplemental Complaint, with Jury Demand by Jason Asbill, Roland Ladreyt, Tiffany Morales.(Almerico, Don) Modified on 3/15/2012 to edit text (cab). (Entered: 03/14/2012) | |||
| 2012-03-15 | 43 | 0 | ORDER denying 41 Motion to Withdraw Richard L. Traina as Attorney for plaintiff as stated within document. Signed by Judge Kurt D. Engelhardt on 3/15/2012. (cab) (Entered: 03/15/2012) | |||
| 2012-07-18 | 44 | 0 | ORDER: several defendants have not yet made appearances in this lawsuit; however, no proof of service on those defendants appears in the record. ORDERED that plaintiff and his counsel make all necessary arrangements to havethose defendants properly served on or before 8/17/2012, and to have proof of such service filed into the record. FURTHER ORDERED that plaintiff show causein writing by that same date why the claims against those defendants should not be dismissed, if service is not effected as ordered. Signed by Magistrate Judge Daniel E. Knowles, III on 7/18/12.(plh, ) (Entered: 07/18/2012) | |||
| 2012-11-27 | 45 | 0 | PARTIAL REPORT AND RECOMMENDATIONS re 3 Complaint, 20 First Amended Complaint, 40 Second Amended Complaint. RECOMMENDED that the claims against Howard Prince, Seth Smith, and Paul Adams be DISMISSED WITHOUT PREJUDICE. Objections to R&R due by 12/10/2012. Signed by Magistrate Judge Daniel E. Knowles, III on 11/26/12.(plh, ) Modified file date on 11/29/2012 (plh, ). (Entered: 11/27/2012) | |||
| 2012-12-14 | 46 | 0 | ANSWER to 40 2nd Amended Complaint, by Terry Terrell.(Gabb, Samuel) Modified text on 12/17/2012 (mmm). (Entered: 12/14/2012) | |||
| 2012-12-18 | 47 | 0 | ORDER ADOPTING REPORT AND RECOMMENDATIONS 45 ; IT IS ORDERED that the claims against Seth Smith, Paul Adams and Howard Prince be DISMISSED WITHOUT PREJUDICE, as stated within document. Signed by Judge Kurt D. Engelhardt on 12/18/2012.(cab) (Entered: 12/18/2012) | 2012-12-19 16:38:57 | be2ff3ed67e244efa86406497a8862f4188e6ede | |
| 2012-12-20 | 48 | 0 | ORDER Preliminary Conference set for 2/1/2013 09:15 AM before Magistrate Judge Daniel E. Knowles III. Signed by Magistrate Judge Daniel E. Knowles, III on 12/20/12.(plh, ) (Entered: 12/20/2012) | |||
| 2013-02-01 | 49 | 0 | Minute Entry for proceedings held before Magistrate Judge Daniel E. Knowles, III: Preliminary Conference held on 2/1/2013. Final Pretrial Conference set for 9/26/2013 11:00 AM before Magistrate Judge Daniel E. Knowles III. Jury Trial set for 10/15/2013 08:30 AM before Magistrate Judge Daniel E. Knowles III. (plh, ) (Entered: 02/04/2013) | |||
| 2013-02-04 | 50 | 0 | EXPARTE/CONSENT Second MOTION to Withdraw Richard L. Traina as Attorney for plaintiff by Nicolo Evola Logiudice, Jr. Motion(s) referred to Daniel E. Knowles, III. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Traina, Richard) (Entered: 02/04/2013) |