Case: Parker v. Evans

1:89-cv-01604 | U.S. District Court for the Northern District of Georgia

Filed Date: July 18, 1989

Clearinghouse coding complete

Case Summary

On July 18, 1989, Charles Parker, Rine Yawn, and David Henderson filed a lawsuit pro se under 42 U.S.C. § 1983 in the United States District Court for the Northern District of Georgia against the State of Georgia. On September 11, 1989, defendant moved to consolidate this case with John Doe & J. Roe v. Evans (PC-GA-003). On January 4, 1990 the court (Judge Marvin H. Shoob) denied the motion to consolidate. On January 11, 1990, Judge Shoob granted plaintiff's motion for appointment of counsel.…

On July 18, 1989, Charles Parker, Rine Yawn, and David Henderson filed a lawsuit pro se under 42 U.S.C. § 1983 in the United States District Court for the Northern District of Georgia against the State of Georgia. On September 11, 1989, defendant moved to consolidate this case with John Doe & J. Roe v. Evans (PC-GA-003). On January 4, 1990 the court (Judge Marvin H. Shoob) denied the motion to consolidate. On January 11, 1990, Judge Shoob granted plaintiff's motion for appointment of counsel. The next month, Judge Shoob denied plaintiffs' counsel's request to be relieved of his appointment. On March 25, 1991, Judge Shoob stayed the proceedings pending a decision by the Eleventh Circuit Court of Appeals in Harris v. Thigpen, 941 F.2d 1495 (11th Cir. 1991). (PC-AL-012) That was a case concerning the segregation of HIV-positive inmates. On April 16, 1993, a judgment was entered dismissing the case for want of prosecution. Plaintiff Henderson was deceased and plaintiff Yawn could not be located to notify of judgment.

The PACER docket is the only information available concerning this case.

Summary Authors

Angela Heverling (4/10/2006)

People


Judge(s)

Shoob, Marvin Herman (Georgia)

Attorney for Plaintiff

Gilbert, Fred A. (Georgia)

Attorney for Defendant

Hill, William Bradley Jr. (Georgia)

Hobbs, Michael E. (Georgia)

Robinson, Daryl Alan (Georgia)

Judge(s)

Shoob, Marvin Herman (Georgia)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

1:89-cv-01604

Docket (PACER)

May 3, 1993

May 3, 1993

Docket

Docket

Last updated Jan. 27, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
5

USM Acknowledgment of service by Richard L. Abbott , executed 8/23/89 (km) (Entered: 08/30/1989)

Aug. 29, 1989

Aug. 29, 1989

6

USM Return of service executed 8/24/89 as to David C. Evans on original complaint (km) (Entered: 08/30/1989)

Aug. 29, 1989

Aug. 29, 1989

7

USM Acknowledgment of service by David C. Evans, executed 8/24/89 (km) (Entered: 09/08/1989)

Sept. 5, 1989

Sept. 5, 1989

8

MOTION by defendant David C. Evans, defendant Richard L. Abbott to consolidate case with 1:88-cv-1752-MHS with brief in support. (km) (Entered: 09/13/1989)

Sept. 11, 1989

Sept. 11, 1989

9

ANSWER to complaint by David C. Evans, Richard L. Abbott. (km) (Entered: 09/13/1989)

Sept. 11, 1989

Sept. 11, 1989

10

MOTION by plaintiff Charles V. Parker, plaintiff Rine Yawn, plaintiff David Henderson for appointment of counsel . (km) (Entered: 09/18/1989)

Sept. 18, 1989

Sept. 18, 1989

11

MOTION by plaintiff Charles V. Parker, plaintiff Rine Yawn, plaintiff David Henderson to modify relief . (km) (Entered: 09/18/1989)

Sept. 18, 1989

Sept. 18, 1989

SUBMITTED to Judge Marvin H. Shoob on motion for temporary restraining order by David Henderson, Rine Yawn, Charles V. Parker [2- 1] (km) (Entered: 09/18/1989)

Sept. 18, 1989

Sept. 18, 1989

12

ORDER DENYING motion for temporary restraining order by David Henderson, Rine Yawn, Charles V. Parker [2-1] by Judge Marvin H. Shoob. cc (km) (Entered: 09/26/1989)

Sept. 25, 1989

Sept. 25, 1989

SUBMITTED to Judge Marvin H. Shoob on motion to consolidate case with 1:88-cv-1752-MHS by Richard L. Abbott, David C. Evans [8-1] (km) (Entered: 09/29/1989)

Sept. 29, 1989

Sept. 29, 1989

SUBMITTED to Judge Marvin H. Shoob on motion to modify relief by David Henderson, Rine Yawn, Charles V. Parker [11-1], and motion for appointment of counsel by David Henderson, Rine Yawn, Charles V. Parker [10-1] (km) (Entered: 10/10/1989)

Oct. 10, 1989

Oct. 10, 1989

13

BRIEF by Charles V. Parker, Rine Yawn, David Henderson in opposition to motion to consolidate case with 1:88-cv-1752-MHS by Richard L. Abbott, David C. Evans [8-1] (km) (Entered: 10/24/1989)

Oct. 20, 1989

Oct. 20, 1989

14

ORDER DENYING motion to consolidate case with 1:88-cv-1752-MHS by David C. Evans, Richard L. Abbott [8-1] by Judge Marvin H. Shoob. cc (km) (Entered: 01/08/1990)

Jan. 4, 1990

Jan. 4, 1990

16

MOTION by defendant Richard L. Abbott, defendant David C. Evans to dismiss with brief in support. (km) (Entered: 01/24/1990)

Jan. 23, 1990

Jan. 23, 1990

17

ORDER by Judge Marvin H. Shoob DENYING counsel for plas' letter request to be relieved of his appointment. cc (km) (Entered: 02/12/1990)

Feb. 9, 1990

Feb. 9, 1990

SUBMITTED to Judge Marvin H. Shoob on motion to dismiss by David C. Evans, Richard L. Abbott [16-1], motion to modify relief by Charles V. Parker, Rine Yawn, David Henderson [11-1] (km) (Entered: 02/15/1990)

Feb. 15, 1990

Feb. 15, 1990

18

RESPONSE by plaintiff Charles V. Parker, plaintiff Rine Yawn, plaintiff David Henderson to motion to dismiss by David C. Evans, Richard L. Abbott [16-1] (km) (Entered: 03/12/1990)

March 9, 1990

March 9, 1990

19

Amendment to in forma pauperis complaint [1-1] by plaintiff Charles V. Parker, plaintiff Rine Yawn, plaintiff David Henderson . (km) (Entered: 03/12/1990)

March 9, 1990

March 9, 1990

20

ANSWER to amended complaint by David C. Evans, Richard L. Abbott. (km) (Entered: 03/27/1990)

March 21, 1990

March 21, 1990

21

ORDER DENYING motion to dismiss by dfts [16-1], and GRANTING motion to modify relief by plas [11-1] nunc pro tunc by Judge Marvin H. Shoob. cc (km) (Entered: 06/22/1990)

June 21, 1990

June 21, 1990

Copy of "Notice to Counsel" re: filing of PTO mailed to Mr. David Henderson, ret'd marked "return to sender". (scg) (Entered: 03/04/1991)

Feb. 22, 1991

Feb. 22, 1991

22

ORDER staying proceedings by Judge Marvin H. Shoob until the 11th Cir. renders a decision in Harris v. Thigpen. Ptys are directed to submit briefs no more than 20 pages w/in 30 days after 11th Cir. decision. cc (km) (Entered: 03/27/1991)

March 25, 1991

March 25, 1991

Copies of order [22-1], [22-2], mailed to David Henderson & Rine Yawn, ret'd, marked "undeliverable as addressed". (scg) (Entered: 04/15/1991)

April 11, 1991

April 11, 1991

23

RESPONSE by defendants to order staying proceedings [22-1] requiring briefs on the Harris v. Thigpen decision of the 11th Circuit. (scg) (Entered: 10/17/1991)

Oct. 11, 1991

Oct. 11, 1991

SUBMITTED per order staying proceedings [22-1], order [22-2] to Judge Marvin H. Shoob . (scg) (Entered: 11/19/1991)

Nov. 19, 1991

Nov. 19, 1991

24

ORDER DIRECTING plaintiffs to file report on status of this action w/in 15 days; by Judge Marvin H. Shoob. cc (scg) (Entered: 06/08/1992)

June 8, 1992

June 8, 1992

25

Notice of change of address by Fred A. Gilbert, Attorney. (scg) (Entered: 06/22/1992)

June 22, 1992

June 22, 1992

Copy of order [24-1] mailed to David Henderson ret'd marked "deceased." (scg) (Entered: 06/22/1992)

June 22, 1992

June 22, 1992

SUBMITTED on motion to extend time for plaintiffs to respond to order [24-1] by plaintiffs [26-1] to Judge Marvin H. Shoob . (scg) (Entered: 07/22/1992)

July 22, 1992

July 22, 1992

27

ORDER GRANTING motion to extend time for plaintiffs to respond to order [24-1] by plaintiffs [26-1], response due w/in 15 days of this order; by Judge Marvin H. Shoob. cc (scg) (Entered: 07/28/1992)

July 27, 1992

July 27, 1992

28

Response by plaintiffs to order [24-1] (scg) (Entered: 08/15/1992)

Aug. 12, 1992

Aug. 12, 1992

SUBMITTED per order [24-1] to Judge Marvin H. Shoob . (scg) (Entered: 08/17/1992)

Aug. 17, 1992

Aug. 17, 1992

29

Notice of change of address by plaintiff Charles V. Parker . (scg) (Entered: 02/24/1993)

Feb. 19, 1993

Feb. 19, 1993

30

ORDER dismissing case for want of prosecution; by Judge Marvin H. Shoob. cc (scg) (Entered: 04/16/1993)

April 15, 1993

April 15, 1993

31

JUDGMENT ENTERED dismissing this action for want of prosecution. cc (scg) (Entered: 04/16/1993)

April 16, 1993

April 16, 1993

Copy of order [30-1] & judgment [31-1] mailed to pla Henderson ret'd marked "returned to sender". (scg) (Entered: 04/26/1993)

April 21, 1993

April 21, 1993

Copy of order [30-1] & judgment [31-1] mailed to pla Rine Yawn, ret'd marked "not here", no new address in file. (scg) (Entered: 05/04/1993)

May 3, 1993

May 3, 1993

Case Details

State / Territory: Georgia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 18, 1989

Case Ongoing: No

Plaintiffs

Plaintiff Description:

three inmates under the custody of the state of Georgia

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

The State of Georgia, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

Litigation

Issues

Medical/Mental Health:

HIV/AIDS

Type of Facility:

Government-run