Mitchell v. Sizemore, CIVIL ACTION NO. 6:09cv348

CourtUnited States District Courts. 5th Circuit. United States District Court of Eastern District Texas
Writing for the CourtJUDITH K. GUTHRIE
PartiesIVORY R. MITCHELL v. MICHAEL SIZEMORE, ET AL.
Docket NumberCIVIL ACTION NO. 6:09cv348
Decision Date08 February 2012

IVORY R. MITCHELL
v.
MICHAEL SIZEMORE, ET AL.

CIVIL ACTION NO. 6:09cv348

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION

ORDERED and SIGNED: February 8, 2012


MEMORANDUM OPINION AND AWARD OF JUDGMENT

The Plaintiff Ivory Mitchell, proceeding pro se, filed this civil rights lawsuit under 42 U.S.C. §1983 complaining of alleged violations of his constitutional rights. The parties have consented to allow the undersigned United States Magistrate Judge to enter final judgment in the proceeding pursuant to 28 U.S.C. §636(c). The sole remaining defendant in the lawsuit is former TDCJ officer Lisa Winston.

The evidence in the case shows that Mitchell was administrative porter at the Powledge Unit. Winston sexually assaulted him on three occasions, forcing him to perform sexual acts upon her. When the Office of the Inspector General conducted an investigation, Winston admitted the allegations and resigned on April 3, 2009. An arrest warrant was issued for her on charges of improper sexual activity with a person in custody. Winston was arrested on June 23, 2009, and taken to the Anderson County Jail. Mitchell testified that Winston was convicted on these charges and received a two-year sentence.

Winston was ordered to answer the lawsuit and did so. She retained private counsel, who filed a motion to withdraw from the case on October 21, 2011. This motion stated that Winston requested to proceed pro se and without counsel, and that she consented to counsel's withdrawal from the case. This motion was granted on November 11, 2011, and counsel provided Winston's last known mailing address, in Oakwood, Leon County, Texas, on December 9, 2011.

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On January 3, 2012, the Court set a status conference hearing to be held in Tyler on February 7, 2011. Notice of the order was sent to Winston by certified mail, and the mail card was returned with the notation that it had been refused. On January 30, 2012, the Court issued an order denying the plaintiff's motion for production of documents; this order also made specific reference to the status conference on February 7. A copy of this order was also sent to Winston.

The status conference hearing was held as scheduled on...

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