Harris v. Payne et al (6:21-cv-06136), Arkansas Western District Court

Harris v. Payne et al

Arkansas Western District Court
Judge:	Susan O Hickey
Referred:	Mark E Ford
Case #:	6:21-cv-06136
Nature of Suit	555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause	42:1983 Prisoner Civil Rights

Case Filed:	Oct 12, 2021
Terminated:	Dec 15, 2022

Defendant Dexter Payne
Defendant Vicky Rawlins
Plaintiff Jay Lloyd Harris

	GPO Feb 08 2022 REPORT AND RECOMMENDATIONS re 8 Amended Complaint filed by Jay Lloyd Harris. Objections to R&R due by 2/25/2022. Signed by Honorable Mark E. Ford on February 8, 2022. (jlm)
	GPO Mar 02 2022 ORDER adopting 9 Report and Recommendations in toto. See Order for specifics. Signed by Honorable Robert T. Dawson on March 2, 2022. (jlm)
	GPO Nov 16 2022 REPORT AND RECOMMENDATIONS re 21 MOTION for Summary Judgment filed by Dexter Payne. Objections to R&R due by 12/5/2022. Signed by Honorable Mark E. Ford on November 16, 2022. (mjm)
	GPO Dec 15 2022 ORDER ADOPTING 35 Report and Recommendations in toto; Further, granting 21 Motion for Summary Judgment. This case is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Robert T. Dawson on December 15, 2022. (jlm)

Docket last updated: 2 hours ago

Wednesday, April 19, 2023
39		39 1 pgs order Order on Motion for Miscellaneous Relief Wed 04/19 11:03 AM ORDER denying38 MOTION motion to reconsider re37 Order Adopting Report and Recommendations. Signed by Honorable Susan O. Hickey on April 19, 2023. (jlm) Related: [-]
Thursday, January 26, 2023
38		38 motion Miscellaneous Relief Thu 01/26 4:12 PM MOTION to reconsider re37 Order Adopting Report and Recommendations, Order on Report and Recommendations, Order on Motion for Summary Judgment by Jay Lloyd Harris. (jlm) Related: [-]
		utility Memo of Reassignment Thu 01/26 3:20 PM TEXT ONLY MEMO OF REASSIGNMENT. Case reassigned to Honorable Susan O. Hickey. Honorable Robert T. Dawson no longer assigned to the case. (hnc) Related: [-]
Thursday, December 15, 2022
37		37 1 pgs order Order Adopting Report and Recommendations Order on Report and Recommendations Order on Motion for Summary Judgment Thu 12/15 11:36 AM ORDER ADOPTING35 Report and Recommendations in toto; Further, granting21 Motion for Summary Judgment. This case is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Robert T. Dawson on December 15, 2022. (jlm) Related: [-]
Monday, November 28, 2022
36		36 respoth Objection to Report and Recommendations Mon 11/28 9:44 AM OBJECTION to35 Report and Recommendations by Jay Lloyd Harris. (jlm) Related: [-]
Wednesday, November 16, 2022
35		35 motion Report and Recommendations Wed 11/16 2:26 PM REPORT AND RECOMMENDATIONS re21 MOTION for Summary Judgment filed by Dexter Payne. Objections to R&R due by 12/5/2022. Signed by Honorable Mark E. Ford on November 16, 2022. (mjm) Related: [-]
Monday, September 12, 2022
34		34 notice Notice of Change of Address Mon 09/12 11:48 AM NOTICE of Change of Address for Jay Harris. There are no documents to resend. (jlm) Related: [-]
Tuesday, August 23, 2022
		order Order on Motion for Relief Tue 08/23 11:24 AM ORDER denying14 Motion for Relief as MOOT. The ADC was contacted, and corrections have been made to Plaintiff's PLRA filing fee deductions. Signed by Honorable Mark E. Ford on August 23, 2022. (klk) Related: [-]
Friday, August 19, 2022
		order Order on Motion to Compel Fri 08/19 4:34 PM TEXT ONLY ORDER denying20 Motion to Compel. Pursuant to the Federal Rules of Civil Procedure, Plaintiff must first submit his discovery request to Defendant(s) and allow Defendant(s) thirty (30) days to respond to such requests. Fed. R. Civ. P. 33-34. If Defendant(s) fail to respond to any discovery requests within the thirty (30) day period, Plaintiff must then confer or attempt to confer with the Defendant(s) in a good faith effort to obtain the requested information before seeking court intervention. Fed. R. Civ. P. 37(a)(3)(B) and Local Rule 7.2(g). Plaintiff failed to show he made any effort to confer with Defendant(s) before filing this Motion to Compel. Plaintiff should send a letter to defense counsel and state exactly what information he is seeking and try to resolve any discovery disputes before filing a motion to compel with the Court. Defense counsel, in turn, should fully comply with the obligations of discovery or state a clear explanation for noncompliance. If this effort does not produce the information Plaintiff seeks, he may then reassert his Motion to Compel. Signed by Honorable Mark E. Ford on August 19, 2022. (klk) Related: [-]
Wednesday, August 17, 2022
30		30 misc Reply Wed 08/17 2:58 PM SUR-REPLY by Jay Lloyd Harris re29 Reply to Response to Motion. (jlm) Related: [-]
		order Order Wed 08/17 3:25 PM TEXT ONLY ORDER: The Court has permitted Plaintiff to file a brief Sur-Reply. As this adds information to Plaintiff's summary judgment response, Defendant may submit a second Reply by September 1, 2022. Other than this second reply from Defendant, no further replies, responses, or supplements regarding the summary judgment motion will be permitted. Signed by Honorable Mark E. Ford on August 17, 2022. (klk) Related: [-]
Wednesday, August 10, 2022
29		29 respm Reply to Response to Motion Wed 08/10 1:01 PM REPLY to Response to Motion re21 MOTION for Summary Judgment filed by Dexter Payne.(Middlebrooks, Andrew) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B
Thursday, August 04, 2022
28		28 respm Response to Motion Thu 08/04 10:08 AM RESPONSE IN OPPOSITION TO Motion re21 MOTION for Summary Judgment filed by Jay Lloyd Harris. (jlm) Related: [-]
Friday, July 29, 2022
		order Order on Motion to Stay Fri 07/29 10:30 AM ORDER granting24 Motion to Stay pending a decision on the motion for summary judgment. Signed by Honorable Mark E. Ford on July 29, 2022. (klk) Related: [-]
		order Order Directing Response to Motion - TEXT ONLY Fri 07/29 10:31 AM TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION21 FOR SUMMARY JUDGMENT. Plaintiff is directed to file a Response to the Motion for Summary Judgment within 21 days. At the summary judgment stage, a plaintiff can not rest upon mere allegations and, instead, must meet proof with proof. See Fed.R.Civ.P. 56(e). This means the the Response must include legal arguments, as well as affidavits, prison records, or other evidence establishing that there is a genuine issue of material fact that must be resolved at a hearing or trial. The affidavit must be based upon the personal knowledge of the person executing the affidavit and must be either : (1) sworn and subscribed to by a notary public;or (2) executed under penalty of perjury, as provided for by 28 U.S.C. 1746. Furthermore, Plaintiff must also separately file a Statement of Disputed Facts , which lists: (a) any disagreement with the specifically numbered factual assertions contained in the Statement of Undisputed Facts filed by the Defendant;and (b) any other disputed facts that must be resolved at a hearing or trial. If Plaintiff disputes any of the facts set forth by the Defendant in the Statement of Undisputed Facts, each numbered paragraph must be identified that contains the fact in dispute and , for each paragraph identified, explain why there is a dispute. Plaintiff is advised that if he intends to rely upon any records or exhibits that have been previously filed with the Court, Plaintiff must specifically refer to those documents by ECF document and page numbers. The Court will not sift through the file to find support for the factual contentions. See Crossley v. Georgia-Pacific Corp ., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (affirming the grant of summary judgment because a plaintiff failed to properly refer to specific pages in the record that supported his position). Plaintiff is advised that the failure to timely and properly comply with this Order will result in: (a) all of the facts set forth by the Defendant in the summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c);and/or (b) shall subject this case to dismissal, without prejudice, pursuant to Local Rule 5.5(c)(2). Response to Motion for Summary Judgment due by 8/19/2022.. Signed by Honorable Mark E. Ford on July 29, 2022. (klk) Related: [-]
Wednesday, July 27, 2022
25		25 3 pgs msupport Memorandum Brief in Support Wed 07/27 2:57 PM MEMORANDUM BRIEF in Support of24 MOTION to Stay by Dexter Payne. (Middlebrooks, Andrew) Related: [-]
24		24 motion Stay Wed 07/27 2:56 PM MOTION to Stay by Dexter Payne. Motions referred to Mark E. Ford.(Middlebrooks, Andrew) Related: [-]
Tuesday, July 26, 2022
23		23 msupport Statement of Facts Tue 07/26 1:25 PM STATEMENT OF FACTS in support of21 MOTION for Summary Judgment by Dexter Payne. (Middlebrooks, Andrew) Related: [-]
22		22 9 pgs msupport Memorandum Brief in Support Tue 07/26 1:24 PM MEMORANDUM BRIEF in Support of21 MOTION for Summary Judgment by Dexter Payne. (Middlebrooks, Andrew) Related: [-]
21		21 motion Summary Judgment Tue 07/26 1:23 PM MOTION for Summary Judgment by Dexter Payne.Motions referred to Mark E. Ford.(Middlebrooks, Andrew) Related: [-]
		Att: 1 Exhibit 1,
		Att: 2 Exhibit 1-A
Monday, June 06, 2022
20		20 motion Compel Mon 06/06 2:14 PM MOTION to Compel production of documents by Jay Lloyd Harris. Motions referred to Mark E. Ford.(cnn) Related: [-]
Thursday, April 14, 2022
19		19 misc Response Thu 04/14 10:34 AM RESPONSE by Jay Lloyd Harris re17 Answer to Complaint Referred (42:1983), Answer to Amended Complaint. (jlm) Related: [-]
Tuesday, April 12, 2022
18		18 order Initial Scheduling Order - PC cases Tue 04/12 2:16 PM INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 9/9/2022. Signed by Honorable Mark E. Ford on April 12, 2022. (djm) Related: [-]
Thursday, April 07, 2022
17		17 answer Answer to Complaint Referred (42:1983) Answer to Amended Complaint Thu 04/07 3:27 PM ANSWER to1 Complaint Referred (42:1983),8 Amended Complaint with Jury Demand , ANSWER to1 Complaint Referred (42:1983),8 Amended Complaint with Jury Demand by Dexter Payne.(Middlebrooks, Andrew) Related: [-]
16		16 notice Notice of Appearance Thu 04/07 3:23 PM NOTICE of Appearance by Andrew Middlebrooks on behalf of Dexter Payne. (Middlebrooks, Andrew) Related: [-]
Thursday, March 31, 2022
15		15 service Summons Returned Executed Thu 03/31 3:43 PM SUMMONS Returned Executed by Jay Lloyd Harris. Dexter Payne served on 3/17/2022, answer due 4/7/2022. (mjm) Related: [-]
Wednesday, March 16, 2022
14		14 motion Relief Wed 03/16 12:28 PM MOTION to Reverse Filing Fee Order by Jay Lloyd Harris. Motions referred to Mark E. Ford.(jlm) Related: [-]
13		13 misc Mail Returned Wed 03/16 12:25 PM Mail Returned as Undeliverable marked Return to Sender. Mail originally sent to Jay Lloyd Harris at ADC Ouchita River Unit PO Box 1630 Malvern, AR. 72104 including11 Order Directing Service,10 Order Adopting Report and Recommendations, Order on Report and Recommendations. Resent to ADC - RANDALL L. WILLIAMS CORRECTIONAL FACILITY7206 West 7th StreetPine Bluff, AR 71603. (jlm) Related: [-]
Thursday, March 03, 2022
12		12 service Summons Issued Thu 03/03 10:59 AM THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Dexter Payne and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 5 Magistrate Notice/Consent Form, 8 Amended Complaint, 11 Order Directing Service. (jlm) Related: [-]
11		11 1 pgs order Order Directing Service Thu 03/03 10:53 AM ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Dexter Payne and granting 21 days to answer. Signed by Honorable Mark E. Ford on March 3, 2022. (cc: U.S. Marshals Service-Certified).(jlm) Related: [-]
Wednesday, March 02, 2022
10		10 2 pgs order Order Adopting Report and Recommendations Order on Report and Recommendations Wed 03/02 2:12 PM ORDER adopting9 Report and Recommendations in toto. See Order for specifics. Signed by Honorable Robert T. Dawson on March 2, 2022. (jlm) Related: [-]
Tuesday, February 08, 2022
9		9 motion Report and Recommendations Tue 02/08 10:28 AM REPORT AND RECOMMENDATIONS re8 Amended Complaint filed by Jay Lloyd Harris. Objections to R&R due by 2/25/2022. Signed by Honorable Mark E. Ford on February 8, 2022. (jlm) Related: [-]
Wednesday, November 24, 2021
8		8 cmp Amended Complaint Wed 11/24 10:39 AM AMENDED COMPLAINT against Vicky Rawlins, Dexter Payne, filed by Jay Lloyd Harris.(jlm) Related: [-]
Tuesday, November 09, 2021
		order Order Regarding Complaint Deficiency - TEXT ONLY Tue 11/09 11:51 AM TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. For this reason, Plaintiff is directed to submit an Amended Complaint within 21 days of the date of this Order . The Clerk is directed to mail the Plaintiff a court-approved 1983 form . In the Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. See Rizzo v. Goode , 423 U.S. 362,371-72,377 (1976);Fed.R.Civ.P.8. Plaintiff must repeat this process for each person he has named as a Defendant. Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered. If he fails to do so, the allegations against that Defendant will be dismissed for failure to state a claim. Plaintiff must clearly designate on the face of the document that it is a First Amended Complaint. The First Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. You may not refer back to any part of the original complaint. A First Amended Complaint supersedes, or takes the place of, the original Complaint. After amendment, the Court will treat the original Complaint as nonexistent. Any cause of action that was raised in the original Complaint is waived if it is not raised in the First Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the deadline . CLERK TO FOLLOW UP Amended Complaint due by 11/30/2021. Signed by Honorable Mark E. Ford on November 9, 2021. (klk) Related: [-]
Wednesday, October 13, 2021
6		6 misc Clerk's Order PLRA Initial Fee Wed 10/13 9:48 AM CLERK'S AMENDED ORDER re PLRA Initial Fee directing ADC - OUACHITA RIVER UNIT to collect from petitioner's prison account an initial partial filing fee of $26.00; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $ 350.00 filing fee is paid in full (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (lw) Related: [-]
Tuesday, October 12, 2021
5		5 notice Magistrate Notice/Consent Form Tue 10/12 2:21 PM Magistrate Notice/Consent Form (jlm) Related: [-]
4		4 misc Clerk's Order PLRA Initial Fee Tue 10/12 2:20 PM CLERK'S ORDER re PLRA Initial Fee directing Ouchita River Unit to collect from petitioner's prison account an initial partial filing fee of $26.00; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (jlm) (Main Document 4 replaced on 10/12/2021) (jlm) Related: [-]
3		3 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis (42:1983) Tue 10/12 2:14 PM ORDER granting2 Motion for Leave to Proceed in forma pauperis (42:1983). Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the filing fee from the Plaintiff. Plaintiff is advised that he is required to immediately inform the Court of any change of address. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of the new address. Plaintiff shall submit a change of address on a separate piece of paper entitled Notice to the Court of Change of Address and not include any motions or otherwise request relief in this document. The notice shall contain only information pertaining to the address change. The case will be subject to dismissal if Plaintiff fails to inform the Court of an address change. The Clerk is directed to collect the filing fee in the amount of $350.00. Signed by Honorable Barry A. Bryant on October 12, 2021. (jlm) Related: [-]
2		2 motion Proceed In Forma Pauperis (42:1983) Tue 10/12 2:11 PM MOTION for Leave to Proceed in forma pauperis (42:1983) by Jay Llyod Harris. Motions referred to Mark E. Ford.(jlm) Related: [-]
1		1 cmp Complaint Referred (42:1983) Tue 10/12 2:09 PM COMPLAINT REFERRED (42:1983) against Dexter Payne, Vicky Rawlins, filed by Jay Llyod Harris.(jlm) Related: [-]

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