Carroll v. McFadden et al
| Arkansas Eastern District Court | |
| Judge: | James M Moody Jr |
| Referred: | Jerome T Kearney |
| Case #: | 4:22-cv-00888 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Sep 22, 2022 |
| Terminated: | Feb 28, 2023 |
Defendant
Artisha Grant
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Defendant
Denise Robinson
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Defendant
Dennis Parker
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Defendant
Mariah Daniels
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Defendant
Shaquita McFadden
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Plaintiff
Ynohtna Carroll
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GPO
Sep 30 2022
ORDER directing the Plaintiff to submit either the $402 statutory filing fee or an In Forma Pauperis Motion within thirty days of the entry date of this Order; and directing the Clerk to send to Plaintiff an In Forma Pauperis Motion, together with the filing fee calculation sheet. Signed by Magistrate Judge Jerome T. Kearney on 9/30/2022. (ldb) (Docket text modified on 10/3/2022 to correct a typographical error)(jak) |
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GPO
Oct 21 2022
INITIAL ORDER FOR PRO SE PRISONERS. Signed by Magistrate Judge Jerome T. Kearney on 10/21/2022. (ldb) |
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GPO
Jan 05 2023
ORDER directing the Plaintiff to file, within 30 days of the entry of the Order, a Response to Defendants' Motion for Summary Judgment, and a separate Statement of Disputed Facts. Signed by Magistrate Judge Jerome T. Kearney on 1/5/2023. (ldb) |
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GPO
Feb 09 2023
PROPOSED FINDINGS AND RECOMMENDATIONS recommending that 17 Motion for Summary Judgment on the issue of exhaustion be granted; recommending that Plaintiff's claims against Defendants be dismissed without prejudice; recommending that 1-1 Complaint be dismissed without prejudice; and recommending that the Court certify that in in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Jerome T. Kearney on 2/9/2023. (ldb) |
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GPO
Feb 28 2023
ORDER approving and adopting, in its entirety, 21 Recommended Disposition as this Court's findings in all respects; granting 17 Defendants' Motion for Summary Judgment on the issue of exhaustion; dismissing, without prejudice, Plaintiff's claims against Defendants for failure to exhaust administrative remedies; dismissing, without prejudice, 1-1 Plaintiff's Complaint; and certifying an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 02/28/2023. (llg) (Docket text modified on 3/1/2023 to correct typographical error.) (kdr) |
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GPO
Feb 28 2023
JUDGMENT: Pursuant to 22 Order filed this date, judgment is entered dismissing this case; the relief sought is denied. The Court certifies that an in forma pauperis appeal is considered frivolous and not in good faith. Signed by Judge James M. Moody Jr. on 02/28/2023. (llg) |
| Docket last updated: 04/18/2024 11:59 PM CDT |
| Wednesday, March 15, 2023 | ||
| 26 | 26
misc
Mail Returned
Wed 03/15 10:53 AM
Mail Returned Undeliverable as to Ynohtna Carroll re22 Order,23 Judgment,24 Appellate Filing Fee Notice. (fjg) |
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| Tuesday, March 14, 2023 | ||
| 25 | 25
misc
Mail Returned
Tue 03/14 10:14 AM
Mail Returned Undeliverable as to Ynohtna Carroll re21 Proposed Findings and Recommendations. (fjg) |
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| Tuesday, February 28, 2023 | ||
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appeal
Appellate Filing Fee Notice
Tue 02/28 11:18 AM
APPELLATE FILING FEE NOTICE to Plaintiff. (llg) |
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| 23 | 23
order
Judgment 1983
Tue 02/28 11:16 AM
JUDGMENT: Pursuant to22 Order filed this date, judgment is entered dismissing this case; the relief sought is denied. The Court certifies that an in forma pauperis appeal is considered frivolous and not in good faith. Signed by Judge James M. Moody Jr. on 02/28/2023. (llg) |
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1
pgs
order
Order Adopting Report and Recommendations Order on Motion for Summary Judgment Order on Report and Recommendations
Tue 02/28 11:13 AM
ORDER approving and adopting, in its entirety,21 Recommended Disposition as this Court's findings in all respects; granting17 Defendants' Motion for Summary Judgment on the issue of exhaustion; dismissing, without prejudice, Plaintiff's claims against Defendants for failure to exhaust administrative remedies; dismissing, without prejudice, [1-1] Plaintiff's Complaint; and certifying an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 02/28/2023. (llg) |
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| Thursday, February 09, 2023 | ||
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motion
Report and Recommendations
Thu 02/09 4:01 PM
PROPOSED FINDINGS AND RECOMMENDATIONS recommending that17 Motion for Summary Judgment on the issue of exhaustion be granted; recommending that Plaintiff's claims against Defendants be dismissed without prejudice; recommending that1 -1 Complaint be dismissed without prejudice; and recommending that the Court certify that in in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Jerome T. Kearney on 2/9/2023. (ldb) |
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| Thursday, January 05, 2023 | ||
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2
pgs
order
Order ~Util - Set/Reset Motion and R&R Deadlines/Hearings
Thu 01/05 4:41 PM
ORDER directing the Plaintiff to file, within 30 days of the entry of the Order, a Response to Defendants' Motion for Summary Judgment, and a separate Statement of Disputed Facts. Signed by Magistrate Judge Jerome T. Kearney on 1/5/2023. (ldb) |
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misc
Statement of Facts (Local Rule 56.1)
Thu 01/05 10:01 AM
STATEMENT OF FACTS (Local Rule 56.1) re17 Motion for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Mariah Daniels, Artisha Grant, Shaquita McFadden, Dennis Parker, Denise Robinson.(Dugger, Melissa) |
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Att: 1
Exhibit No. A - Affidavit of Clark,
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Att: 2
Exhibit No. A1 - Arrest & Booking,
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Att: 3
Exhibit No. A2 - Requests & Grievances,
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Att: 4
Exhibit No. A5 - Policies & Procedures
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brief
Brief in Support
Thu 01/05 9:58 AM
BRIEF IN SUPPORT re17 Motion for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Mariah Daniels, Artisha Grant, Shaquita McFadden, Dennis Parker, Denise Robinson. (Dugger, Melissa) |
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motion
Summary Judgment
Thu 01/05 9:58 AM
MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Mariah Daniels, Artisha Grant, Shaquita McFadden, Dennis Parker, Denise Robinson (Dugger, Melissa) |
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| Friday, November 18, 2022 | ||
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service
Summons Returned Executed
Mon 11/21 9:59 AM
SUMMONS Returned Executed. Artisha Grant served on 10/31/2022. (fjg) |
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service
Summons Returned Executed
Mon 11/21 9:59 AM
SUMMONS Returned Executed. Dennis Parker served on 10/31/2022. (fjg) |
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service
Summons Returned Executed
Mon 11/21 9:59 AM
SUMMONS Returned Executed. Mariah Daniels served on 10/31/2022. (fjg) |
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service
Summons Returned Executed
Mon 11/21 9:59 AM
SUMMONS Returned Executed. Denise Robinson served on 10/31/2022. (fjg) |
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service
Summons Returned Executed
Mon 11/21 9:59 AM
SUMMONS Returned Executed. Shaquita McFadden served on 10/31/2022. (fjg) |
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| Wednesday, November 16, 2022 | ||
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1
pgs
order
Order
Wed 11/16 4:37 PM
ORDER directing the Clerk of the Court to change the style of the case to reflect the correct names of Defendants McFadden, Robinson, Daniels, Parker, and Grant. Signed by Magistrate Judge Jerome T. Kearney on 11/16/2022. (ldb) |
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pgs
order
Order
Wed 11/16 4:24 PM
INITIAL SCHEDULING ORDER: The parties shall complete discovery on or before 05/152023 and file any dispositive motions on or before 06/15/2023. A Motion based on failure to exhaust must be filed by 01/16/2023. Signed by Magistrate Judge Jerome T. Kearney on 11/16/2022. (lmc) |
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notice
Consent Notice
Wed 11/16 10:09 AM
NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court to the parties. (lmc) |
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| Tuesday, November 15, 2022 | ||
| 8 | 8
answer
Answer to Complaint
Tue 11/15 10:35 AM
ANSWER to1 Complaint with Jury Demand by Daniels, Grant, McFadden, Parker, Robinson.(Dugger, Melissa) |
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notice
Notice of Appearance
Tue 11/15 10:34 AM
NOTICE of Appearance by Melissa Dugger on behalf of Daniels, Grant, McFadden, Parker, Robinson (Dugger, Melissa) |
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| Friday, October 21, 2022 | ||
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pgs
order
Order
Fri 10/21 11:19 AM
INITIAL ORDER FOR PRO SE PRISONERS. Signed by Magistrate Judge Jerome T. Kearney on 10/21/2022. (ldb) |
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| 5 | 5
4
pgs
order
Order Directing Prisoner Payment
Fri 10/21 11:06 AM
ORDER granting4 Motion to Proceed In Forma Pauperis; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk to forward a copy of this Order to the Administrator of the Pulaski County Detention Center; directing the Clerk of the Court to prepare Summonses for Defendants McFadden, Robinson, Daniels, Parker, and Grant; and directing the U.S. Marshal to serve a copy of the1 -1 Complaint, Summons, and this Order on Defendants McFadden, Robinson, Daniels, Parker, and Grant without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Jerome T. Kearney on 10/21/2022. (ldb) |
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service
Summons Issued
Fri 10/21 1:04 PM
Summons Issued as to Daniels, Grant, McFadden, Parker, Robinson and forwarded to U.S. Marshal for service. (ldb) |
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| Thursday, October 20, 2022 | ||
| 4 | 4
motion
Proceed In Forma Pauperis
Thu 10/20 12:22 PM
MOTION for Leave to Proceed in forma pauperis by Ynohtna Carroll. (llg) |
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| Friday, September 30, 2022 | ||
| 3 | 3
2
pgs
order
Order
Fri 09/30 8:27 AM
ORDER directing the Plaintiff to either the $402 statutory filing fee or an In Forma Pauperis Motion within thirty days of the entry date of this Order; and directing the Clerk to send to Plaintiff an In Forma Pauperis Motion, together with the filing fee calculation sheet. Signed by Magistrate Judge Jerome T. Kearney on 9/30/2022. (ldb) |
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| Wednesday, September 28, 2022 | ||
| 2 | 2
utility
Notice of Docket Correction
Wed 09/28 9:56 AM
NOTICE OF DOCKET CORRECTION re1 Complaint. CORRECTION: The original document was attached to the docket in error (incorrect Judge information) due to a clerical mistake by the Clerk's office. The correct document was added as an attachment to1 docket entry and is attached hereto for service/review by the parties. (cmn) |
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| Thursday, September 22, 2022 | ||
| 1 | 1
cmp
Complaint
Tue 09/27 10:34 AM
COMPLAINT with Jury Demand against All Defendants, filed by Ynohtna Carroll.(kdr) |
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