Moone v. Payne et al
Arkansas Eastern District Court | |
Judge: | Kristine G Baker |
Referred: | Joe J Volpe |
Case #: | 4:22-cv-00873 |
Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
Cause | 42:1983 Prisoner Civil Rights |
Case Filed: | Sep 21, 2022 |
Terminated: | Jul 14, 2023 |
Defendant
Dexter Payne
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Defendant
Moses Jackson III
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Defendant
Thomas Hurst
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Plaintiff
Elaine Willow Rose Moone
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Docket last updated: 1 hours ago |
Friday, July 14, 2023 | ||
34 | 34
appeal
Appellate Filing Fee Notice
Fri 07/14 4:04 PM
APPELLATE FILING FEE NOTICE to Plaintiff. (jbh) |
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33 | 33
order
Judgment 1983
Fri 07/14 4:02 PM
JUDGMENT: Pursuant to the32 Order entered this date and the Court's prior Orders, plaintiff Elaine Willow Rose Moone's complaint is dismissed. The relief sought is denied. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Signed by Judge Kristine G. Baker on 7/14/2023. (jbh) |
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32 | 32
2
pgs
order
Order Adopting Report and Recommendations Order on Report and Recommendations
Fri 07/14 3:56 PM
ORDER adopting29 Recommended Disposition in its entirety as this Court's findings in all respects; granting26 motion for summary judgment on exhaustion; dismissing Plaintiff Elaine Willow Rose Moone's claims against defendants Jackson and Hurst without prejudice; denying the relief sought; denying as moot16 pending motion for judgment on the pleadings and the accompanying20 Partial Recommended Disposition; denying as moot30 motion to stay discovery and dispositive motions deadlines; and certifying that an in forma pauperis appeal taken from this Order or the accompanying Judgment would not be taken in good faith. Signed by Judge Kristine G. Baker on 7/14/2023. (jbh) |
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Monday, June 05, 2023 | ||
31 | 31
brief
Brief in Support
Mon 06/05 1:43 PM
BRIEF IN SUPPORT re30 Motion to Stay filed by Thomas Hurst, Moses Jackson, III. (Schubert, Amber) |
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30 | 30
motion
Stay
Mon 06/05 1:43 PM
MOTION to Stay re15 Scheduling Order by Thomas Hurst, Moses Jackson, III (Schubert, Amber) |
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Tuesday, April 11, 2023 | ||
29 | 29
motion
Report and Recommendations
Tue 04/11 2:57 PM
RECOMMENDED DISPOSITION recommending26 Motion for Summary Judgment be granted; recommending Plaintiff's claims against Defendants Jackson and Hurst be dismissed without prejudice; recommending this case be closed; and recommending the Court certify that an in form pauperis appeal of an Order adopting this Recommendation and the accompanying Judgment would not be taken in good faith. Objections due no later than 14 days from the date of this Recommendation. Signed by Magistrate Judge Joe J. Volpe on 4/11/2023. (jbh) |
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Wednesday, February 08, 2023 | ||
28 | 28
brief
Brief in Support
Wed 02/08 3:49 PM
BRIEF IN SUPPORT re26 Motion for Summary Judgment,, on Exhaustion filed by Thomas Hurst, Moses Jackson, III. (Schubert, Amber) |
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27 | 27
misc
Statement of Facts (Local Rule 56.1)
Wed 02/08 3:49 PM
STATEMENT OF FACTS (Local Rule 56.1) re26 Motion for Summary Judgment,, filed by Thomas Hurst, Moses Jackson, III. (Schubert, Amber) |
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26 | 26
motion
Summary Judgment
Wed 02/08 3:46 PM
MOTION for Summary Judgment on Exhaustion by Thomas Hurst, Moses Jackson, III(Schubert, Amber) |
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Att: 1 Exhibit A - Brown Declaration, | ||
Att: 2 Exhibit B - Johnson Declaration, | ||
Att: 3 Exhibit C - AD 19-34 Inmate Grievance Procedure, | ||
Att: 4 Exhibit D - GR 22-01059 | ||
Att: 5 Exhibit E - GR 22-01347 | ||
Att: 6 Exhibit F - GR 21-00683 | ||
Att: 7 Exhibit G - GR 21-01085 | ||
Att: 8 Exhibit H - GR 22-00178 | ||
Att: 9 Exhibit I - GR 21-00704 | ||
Att: 10 Exhibit J - GR 22-01179 | ||
Att: 11 Exhibit K - Medical - GR 22-00153 | ||
Att: 12 Exhibit L - Medical - GR-22-00426 | ||
25 | 25
respoth
Objection to Report and Recommendations
Wed 02/08 3:37 PM
OBJECTION to20 Report and Recommendations by Thomas Hurst, Moses Jackson, III (Schubert, Amber) |
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Friday, February 03, 2023 | ||
24 | 24
order
Order on Motion to Withdraw as Attorney
Fri 02/03 10:01 AM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Defendants' motion to withdraw as attorney23 . Attorney Matthew Michael Ford terminated. Signed by Magistrate Judge Joe J. Volpe on 2/3/2023. (lej) |
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Thursday, February 02, 2023 | ||
23 | 23
motion
Withdraw as Attorney
Thu 02/02 1:10 PM
MOTION to Withdraw as Attorney by Thomas Hurst, Moses Jackson, III (Ford, Matthew) |
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Wednesday, February 01, 2023 | ||
22 | 22
notice
Notice of Appearance
Wed 02/01 5:00 PM
NOTICE of Appearance by Amber R. Schubert on behalf of Thomas Hurst, Moses Jackson, III (Schubert, Amber) |
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Thursday, January 26, 2023 | ||
21 | 21
order
Order on Motion to Stay
Thu 01/26 3:13 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying as moot Defendants' motion to stay18 . Signed by Magistrate Judge Joe J. Volpe on 1/26/2023. (lej) |
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20 | 20
motion
Partial Report and Recommendations
Thu 01/26 3:10 PM
PARTIAL RECOMMENDED DISPOSITION that Defendants' motion for judgment on the pleadings be denied16 . Objections due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 1/26/2023. (lej) |
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Wednesday, January 25, 2023 | ||
19 | 19
brief
Brief in Support
Wed 01/25 12:24 PM
BRIEF IN SUPPORT re18 Motion to Stay filed by Thomas Hurst, Moses Jackson, III. (Ford, Matthew) |
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18 | 18
motion
Stay
Wed 01/25 12:22 PM
MOTION to Stay re15 Scheduling Order and Motion to Stay Discovery by Thomas Hurst, Moses Jackson, III (Ford, Matthew) |
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17 | 17
brief
Brief in Support
Wed 01/25 12:20 PM
BRIEF IN SUPPORT re16 Motion for Judgment on the Pleadings filed by Thomas Hurst, Moses Jackson, III. (Ford, Matthew) |
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16 | 16
motion
Judgment on the Pleadings
Wed 01/25 12:19 PM
MOTION for Judgment on the Pleadings by Thomas Hurst, Moses Jackson, III (Ford, Matthew) |
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Wednesday, December 14, 2022 | ||
15 | 15
order
Scheduling Order
Wed 12/14 12:50 PM
INITIAL SCHEDULING ORDER: Discovery due by 6/14/2023. Dispositive motions due by 7/14/2023. Dispositive motions on the issue of exhaustion due by 2/14/2023. Signed by Magistrate Judge Joe J. Volpe on 12/14/2022. (lej) |
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14 | 14
notice
Consent Notice
Wed 12/14 12:41 PM
NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
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Tuesday, December 13, 2022 | ||
13 | 13
service
Summons Returned Executed
Tue 12/13 4:45 PM
SUMMONS Returned Executed. Moses Jackson, III served on 11/23/2022. (kth) |
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12 | 12
service
Summons Returned Executed
Tue 12/13 4:44 PM
SUMMONS Returned Executed. Thomas Hurst served on 11/23/2022. (kth) |
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11 | 11
answer
Answer to Amended Complaint
Tue 12/13 11:56 AM
ANSWER to5 Amended Complaint with Jury Demand by Thomas Hurst, Moses Jackson, III.(Ford, Matthew) |
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10 | 10
notice
Notice of Appearance
Tue 12/13 11:53 AM
NOTICE of Appearance by Matthew Michael Ford on behalf of Thomas Hurst, Moses Jackson, III (Ford, Matthew) |
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9 | 9
1
pgs
order
Order Adopting Report and Recommendations ~Util - Add and Terminate Parties Order on Partial Report and Recommendations
Tue 12/13 11:49 AM
ORDER approving and adopting8 Partial Recommended Disposition in its entirety; allowing Ms. Moone to proceed with her constitutional claims against defendants Jackson and Hurst; dismissing, without prejudice, Ms. Moone's claims against defendant Payne; dismissing, without prejudice, defendant Payne as a party to this lawsuit; and certifying that an in forma pauperis appeal taken from this Order would not be taken in good faith. Signed by Judge Kristine G. Baker on 12/13/2022. (ldb) |
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Thursday, October 27, 2022 | ||
8 | 8
motion
Partial Report and Recommendations
Thu 10/27 4:31 PM
PARTIAL RECOMMENDED DISPOSITION that Plaintiff be allowed to proceed with her constitutional claims against Defendants Jackson and Hurst. Defendant Payne be dismissed without prejudice because Plaintiff has not pled a plausible claim against him. The Court certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from an order adopting this recommendation would not be taken in good faith. Objections due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 10/27/2022. (lej) |
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7 | 7
2
pgs
order
Order
Thu 10/27 4:08 PM
ORDER that the Clerk shall prepare summons and the USM shall serve Defendants Jackson and Hurst without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 10/27/2022. (lej) |
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service
Summons Issued
Thu 10/27 4:28 PM
Summons Issued as to Thomas Hurst, Moses Jackson, III and forwarded to the U.S. Marshal for service. (jbh) |
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Wednesday, October 12, 2022 | ||
6 | 6
order
Order on Motion for Leave to Proceed In Forma Pauperis
Wed 10/12 3:30 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying as moot Plaintiff's second Application to Proceed In Forma Pauperis because she has already been granted in forma pauperis status4 . Signed by Magistrate Judge Joe J. Volpe on 10/12/2022. (lej) |
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Tuesday, October 11, 2022 | ||
5 | 5
cmp
Amended Complaint
Tue 10/11 12:49 PM
AMENDED COMPLAINT against All Defendants filed by Elaine Willow Rose Moone. (llg) |
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4 | 4
motion
Proceed In Forma Pauperis
Tue 10/11 12:42 PM
MOTION for Leave to Proceed in forma pauperis by Elaine Willow Rose Moone. (llg) |
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Tuesday, September 27, 2022 | ||
3 | 3
6
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Tue 09/27 1:56 PM
ORDER granting Plaintiff's IFP Application1 . The Clerk shall mail a copy of this order to the Grimes Unit Warden, ADC Trust Bank, and ADC Compliance Office. Service is not appropriate at this time. The Clerk shall mail a 42 U.S.C. § 1983 complaint form to Plaintiff with a copy of this order. If Plaintiff wishes to amend the complaint, she must complete the new complaint form in its entirety in accordance with this order, label it an "Amended Complaint," and file it within 30 days of the date of this order. Plaintiff's complaint, as it now stands, is deficient and may be dismissed after 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 9/27/2022. (lej) |
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Wednesday, September 21, 2022 | ||
2 | 2
cmp
Complaint
Thu 09/22 11:44 AM
COMPLAINT against All Defendants, filed by Elaine Willow Rose Moone.(kdr) |
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1 | 1
motion
Proceed In Forma Pauperis
Thu 09/22 11:43 AM
MOTION for Leave to Proceed in forma pauperis by Elaine Willow Rose Moone. (kdr) |