Inthavong v. Demonte et al (2:22-cv-02179), Arkansas Western District Court

Inthavong v. Demonte et al

Arkansas Western District Court
Judge:	P K Holmes III
Referred:	Mark E Ford
Case #:	2:22-cv-02179
Nature of Suit	555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause	42:1983 Prisoner Civil Rights

Case Filed:	Nov 28, 2022
Terminated:	Oct 27, 2023

Docket
Parties

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Docket last updated: 04/17/2024 11:59 PM CDT

Friday, October 27, 2023
27		27 order Judgment Fri 10/27 11:33 AM JUDGMENT: Pursuant to the order entered in this case on this date, IT IS CONSIDERED, ORDERED, and ADJUDGED that this matter is DISMISSED WITH PREJUDICE. Signed by Honorable P. K. Holmes III on October 27, 2023. (mjm) Related: [-]
26		26 1 pgs order Order on Report and Recommendations Fri 10/27 11:31 AM ORDER ADOPTING IN ITS ENTIRETY25 Report and Recommendations. Judgment will be entered accordingly. Signed by Honorable P. K. Holmes III on October 27, 2023. (mjm) Related: [-]
Thursday, October 05, 2023
25		25 motion Report and Recommendations Thu 10/05 10:21 AM REPORT AND RECOMMENDATIONS re1 Complaint Referred (42:1983) filed by Anousith Mike Inthavong. Objections to R&R due by 10/23/2023. Signed by Honorable Mark E. Ford on October 5, 2023. (tmc) Related: [-]
Thursday, September 07, 2023
24		24 order Order to Show Cause - Failure to Obey Order-TEXT ONLY Thu 09/07 1:08 PM TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order [ECF No. 23] directing Plaintiff to file a response to a Summary Judgment Motion by September 1, 2023. This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 9/28/2023. Signed by Honorable Mark E. Ford on September 7, 2023. (smg) Related: [-]
Friday, August 11, 2023
23		23 order Order Directing Response to Motion - TEXT ONLY Fri 08/11 12:58 PM TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION [ECF No. 20] 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 pursuant to Local Rule 5.5(c)(2). Response to Motion for Summary Judgment due by 9/1/2023. Signed by Honorable Mark E. Ford on August 11, 2023. (smg) Related: [-]
22		22 msupport Statement of Facts Fri 08/11 12:19 PM STATEMENT OF FACTS in support of20 MOTION for Summary Judgment by Jimmy Demonte, Fields, V. Winters.(Owens, Jason) Related: [-]
		Att: 1 Exhibit Ex 1 P's Deposition Transcript
21		21 7 pgs msupport Memorandum Brief in Support Fri 08/11 12:14 PM MEMORANDUM BRIEF in Support of20 MOTION for Summary Judgment by Jimmy Demonte, Fields, V. Winters. (Owens, Jason) Related: [-]
20		20 motion Summary Judgment Fri 08/11 12:11 PM MOTION for Summary Judgment by Jimmy Demonte, Fields, V. Winters. Motions referred to Mark E. Ford.(Owens, Jason) Related: [-]
Thursday, July 20, 2023
19		19 notice Notice of Change of Address Thu 07/20 10:23 AM NOTICE of Change of Address for Anousith Mike Inthavong.. There are no documents to resend. (tmc) Related: [-]
Monday, June 26, 2023
18		18 order Order on Motion to Compel Mon 06/26 7:59 AM TEXT ONLY ORDER denying17 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. Plaintiff may submit interrogatories (written questions), requests for the production of documents, and request for admission. If this effort does not produce the information Plaintiff seeks, he may then reassert his Motion to Compel. However, before filing a Motion to Compel Plaintiff must confer with defense counsel in good faith by writing a letter explaining exactly which interrogatories, requests for documents, or requests for admission have not been fully responded to and why. Plaintiff should then give defense counsel and opportunity to respond. If this good faith effort fails, Plaintiff may then file a Motion to Compel. Plaintiff should state in the Motion to Compel that he attempted to work the issues out with defense counsel but was unable to do so. Plaintiff must then provide the Court with a copy of Defendants' response to his discovery requests. Signed by Honorable Mark E. Ford on June 26, 2023. (smg) Related: [-]
Friday, June 23, 2023
17		17 motion Compel Fri 06/23 10:28 AM MOTION to Compel by Anousith Mike Inthavong. Motions referred to Mark E. Ford.(tmc) Related: [-]
Wednesday, June 14, 2023
16		16 notice Notice of Change of Address Wed 06/14 9:22 AM NOTICE of Change of Address for Anousith Mike Inthavong. There are no documents to resend. (tmc) Related: [-]
Friday, April 28, 2023
15		15 notice Notice (Other) Fri 04/28 2:04 PM NOTICE by Jimmy Demonte, Fields, V. Winters re14 Initial Scheduling Order - PC cases Defendant's Disclosures (Owens, Jason) Related: [-]
Tuesday, March 14, 2023
14		14 order Initial Scheduling Order - PC cases Tue 03/14 9:51 AM INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 8/11/2023. Signed by Honorable Mark E. Ford on March 14, 2023. (sc) Related: [-]
Monday, March 13, 2023
13		13 notice Notice (Other) Mon 03/13 4:54 PM NOTICE by Jimmy Demonte, Fields, V. Winters No Intent to File Dispositive Motion Based on Exhaustion of Administrative Remedies (Owens, Jason) Related: [-]
Thursday, January 26, 2023
11		11 answer Answer to Complaint Referred (42:1983) Thu 01/26 12:13 PM ANSWER to1 Complaint Referred (42:1983) with Jury Demand by Jimmy Demonte, Fields, V. Winters.(Owens, Jason) Related: [-]
		order Bench Order PC cases - TEXT ONLY Thu 01/26 1:05 PM TEXT ONLY BENCH ORDER. If Defendant(s) intend to pursue a defense, pursuant to the Prison Litigation Reform Act, 42 U.S.C. 1997(e)(a), that Plaintiff failed to exhaust his/her administrative remedies before filing this lawsuit, Defendant(s) must raise the issue in a motion for summary judgment filed no later than 45 days from the date of this Order. All discovery is stayed until the Court resolves any exhaustion issues. If Defendant(s) do(es) not intend to pursue an exhaustion defense, the Defendant(s) should PROMPTLY file a notice so stating. Summary Judgment Motion due by 3/13/2023. Signed by Honorable Mark E. Ford on January 26, 2023. (smg) Related: [-]
Wednesday, December 28, 2022
10		10 service Summons Issued Wed 12/28 2:48 PM THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Jimmy Demonte, Fields, V. Winters and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 1 Complaint Referred (42:1983), 4 Magistrate Notice/Consent Form, 9 Order Directing Service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (jlm) Related: [-]
9		9 1 pgs order Order Directing Service Wed 12/28 2:46 PM ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Jimmy Demonte, Fields, V. Winters and granting 21 days to answer. Signed by Honorable Mark E. Ford on December 28, 2022. (cc: U.S. Marshals Service-Certified).(jlm) Related: [-]
Friday, December 09, 2022
8		8 misc Clerk's Order PLRA Initial Fee Fri 12/09 12:35 PM CLERK'S ORDER re PLRA Initial Fee directing Crawford County Justice Center to collect from petitioner's prison account an initial partial filing fee of $4.00; 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: Crawford County Justice Center). (mjm) Related: [-]
6		6 motion Proceed In Forma Pauperis (42:1983) Fri 12/09 12:03 PM MOTION for Leave to Proceed in forma pauperis (42:1983) by Anousith Mike Inthavong. Motions referred to Mark E. Ford.(mjm) Related: [-]
		order Order on Motion for Leave to Proceed In Forma Pauperis (42:1983) Fri 12/09 12:17 PM TEXT ONLY ORDER granting (ECF Nos. 2 & 6) Motions 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 Mark E. Ford on December 9, 2022. (smg) Related: [-]
Monday, November 28, 2022
4		4 notice Magistrate Notice/Consent Form Mon 11/28 4:41 PM Magistrate Notice/Consent Form. (mjm) Related: [-]
3		3 2 pgs order Order Provisionally Filing Complaint Mon 11/28 4:36 PM ORDER that the matter has been provisionally filed as the undersigned finds that additional information is needed to rule on Plaintiff's IFP application. Specifically the Court requires the following information: Signed in forma pauperis application. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 12/19/2022. Signed by Honorable Mark E. Ford on November 28, 2022. (mjm) Related: [-]
2		2 motion Proceed In Forma Pauperis (42:1983) Mon 11/28 4:34 PM MOTION for Leave to Proceed in forma pauperis (42:1983) by Anousith Mike Inthavong. Motions referred to Mark E. Ford.(mjm) (Main Document 2 replaced on 11/28/2022) (mjm). (mjm) Related: [-]
		Att: 1 (11/28/2022) Unredacted Motion for Leave to Process In Forma Pauperis
1		1 cmp Complaint Referred (42:1983) Mon 11/28 4:32 PM COMPLAINT REFERRED (42:1983) against Jimmy Demonte, Fields, V. Winters, filed by Anousith Mike Inthavong.(mjm) Related: [-]
		order Order Regarding IFP Application-Deficient or Renew - TEXT ONLY Mon 11/28 4:48 PM TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, the application is incomplete because Plaintiff failed to sign or date the form. For this reason, the Clerk is directed to send Plaintiff a blank Prisoner IFP application . Plaintiff is given 21 days from the date of this Order to either return the completed application to this court for review and filing or pay the 350.00 dollar filing fee and 52.00 dollar administrative fee, a total of 402.00 dollars. This case shall be subject to dismissal for failure to obey an order of the Court if Plaintiff fails to return the completed IFP application or pay the 402.00 dollar filing fee by the deadline . CLERK TO FOLLOW UP Completed IFP due by 12/19/2022. Signed by Honorable Mark E. Ford on November 28, 2022. (klk) Related: [-]

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