Dellinger v. Walraven et al
Arkansas Western District Court | |
Judge: | Susan O Hickey |
Referred: | Christy D Comstock |
Case #: | 4:22-cv-04115 |
Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
Cause | 42:1983 Prisoner Civil Rights |
Case Filed: | Nov 28, 2022 |
Terminated: | Oct 10, 2023 |
Defendant
Bobby Walraven
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Defendant
Elkins
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Defendant
Gina Butler
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Defendant
Marian Hopkins
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Plaintiff
Michael Dellinger
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Docket last updated: 7 hours ago |
Tuesday, October 10, 2023 | ||
35 | 35
1
pgs
order
Order Adopting Report and Recommendations Order on Report and Recommendations Order on Motion for Summary Judgment
Tue 10/10 4:09 PM
ORDER Adopting33 Report and Recommendations in toto; GRANTING22 Motion for Summary Judgment filed by Darrell Elkin, Gina Butler. Plaintiff's claims are hereby DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on October 10, 2023. (lgd) |
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Wednesday, September 06, 2023 | ||
34 | 34
respoth
Objection to Report and Recommendations
Wed 09/06 10:39 AM
OBJECTION to33 Report and Recommendations by Michael Dellinger.(mll) |
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Thursday, August 17, 2023 | ||
33 | 33
motion
Report and Recommendations
Thu 08/17 1:19 PM
REPORT AND RECOMMENDATIONS re22 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Darrell Elkin, Gina Butler. Objections to R&R due by 9/5/2023. Signed by Honorable Barry A Bryant on August 17, 2023.(mll) |
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Wednesday, August 16, 2023 | ||
32 | 32
2
pgs
order
Order on Motion to Appoint Counsel
Wed 08/16 1:38 PM
ORDER denying29 Motion to Appoint Counsel. A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action but the Court may appoint counsel at its discretion. 28 U.S.C. 1915(e)(1). The Court has considered the need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual and legal complexity of the case, and whether Plaintiff has the ability to investigate and present this case. In considering these factors, the Court finds that the claims do not appear legally or factually complex, and Plaintiff is adequately prosecuting this case at this time. The Court finds Plaintiff is capable of prosecuting his claims without appointed counsel. At a later stage in the case, Plaintiff may again request appointment of counsel if Plaintiff believes the circumstances justify such an appointment. Signed by Honorable Barry A Bryant on August 16, 2023.(mll) |
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Friday, August 11, 2023 | ||
31 | 31
order
Order Directing Case Style Change - TEXT ONLY
Fri 08/11 2:39 PM
TEXT ONLY ORDER Directing the Clerk to change the style of the case and the case participant name to reflect the correct name of the Defendant as set forth in the15 Answer to Amended Complaint. The name of Defendant Dr. Elkins should be changed to Darrell Elkin and the Clerk should remove the "Doctor" designation. Signed by Honorable Barry A Bryant on August 11, 2023. (ksb) |
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Monday, July 24, 2023 | ||
30 | 30
respm
Reply to Response to Motion
Mon 07/24 1:18 PM
REPLY to Response to Motion re22 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Gina Butler, Elkins. (Newell, Aaron) |
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Friday, July 21, 2023 | ||
29 | 29
motion
Appoint Counsel
Fri 07/21 12:33 PM
MOTION to Appoint Counsel by Michael Dellinger. Motions referred to Barry A Bryant.(lgd) |
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28 | 28
respm
Response to Motion
Fri 07/21 12:28 PM
RESPONSE IN OPPOSITION TO22 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Michael Dellinger. (lgd) |
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Tuesday, June 13, 2023 | ||
27 | 27
order
Order on Motion for Extension of Time to File Response/Reply
Tue 06/13 9:37 AM
TEXT ONLY ORDER granting26 Motion for Extension of Time to File Response/Reply to22 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies. Having considered Plaintiff's Motion for Extention of Time, the Court finds that the request was not made for the purposes of delay and is warranted. Thus, Plaintiff's Motion is hereby GRANTED. Plaintiff's response to Defendants' Motion for Summary Judgment for Failure to Exhaust Administrative Remedies is now due by 7/24/23. Plaintiff is reminded that 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 7/24/23. Signed by Honorable Barry A Bryant on June 13, 2023. (ksb) |
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Monday, June 12, 2023 | ||
26 | 26
motion
Extension of Time to File Response/Reply
Mon 06/12 1:26 PM
MOTION for Extension of Time to File Response as to22 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Michael Dellinger. Motions referred to Barry A Bryant.(tg) |
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Thursday, June 01, 2023 | ||
25 | 25
order
Order Directing Response to Motion - TEXT ONLY
Thu 06/01 10:35 AM
TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION22 FOR SUMMARY JUDGMENT for Failure to Exhaust Administrative Remedies. 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 6/22/2023. Signed by Honorable Barry A Bryant on June 1, 2023. (ksb) |
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Wednesday, May 31, 2023 | ||
24 | 24
msupport
Statement of Facts
Wed 05/31 12:17 PM
STATEMENT OF FACTS in support of22 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Gina Butler, Elkins.(Newell, Aaron) |
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Att: 1 Exhibit No. A - Affidavit of Butler, | ||
Att: 2 Exhibit No. A1 - Arrest & Booking, | ||
Att: 3 Exhibit No. A2 - Requests & Grievances, | ||
Att: 4 Exhibit No. A3 - Jail Medical File - Placeholder, | ||
Att: 5 Exhibit No. A4 - Jail Incident Reports - Placeholder, | ||
Att: 6 Exhibit No. A5 - Policies | ||
23 | 23
10
pgs
msupport
Memorandum Brief in Support
Wed 05/31 12:14 PM
MEMORANDUM BRIEF in Support of22 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Gina Butler, Elkins. (Newell, Aaron) |
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22 | 22
motion
Summary Judgment
Wed 05/31 12:13 PM
MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Gina Butler, Elkins. Motions referred to Barry A Bryant.(Newell, Aaron) |
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Tuesday, May 09, 2023 | ||
21 | 21
1
pgs
order
Order Adopting Report and Recommendations
Tue 05/09 11:17 AM
ORDER ADOPTING18 REPORT AND RECOMMENDATIONS. Plaintiff's individual capacity claims against Defendant Elkins and Defendant Butler may proceed. All other claims are DISMISSED WITHOUT PREJUDICE. Plaintiff's request for injunctive and declaratory relief is hereby MOOT. Signed by Honorable Susan O. Hickey on May 9, 2023.(mll) |
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Wednesday, May 03, 2023 | ||
20 | 20
respoth
Objection to Report and Recommendations
Wed 05/03 3:08 PM
OBJECTION to18 Report and Recommendations by Michael Dellinger. (lgd) |
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Thursday, April 20, 2023 | ||
19 | 19
order
Bench Order PC cases - TEXT ONLY
Thu 04/20 11:21 AM
TEXT ONLY BENCH ORDER. If Defendants 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 administrative remedies before filing this lawsuit, Defendants 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 Defendants do not intend to pursue an exhaustion defense, the Defendants should PROMPTLY file a notice so stating. Summary Judgment Motion due by 6/5/2023 Signed by Honorable Barry A Bryant on April 20, 2023. (ksb) |
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Tuesday, April 18, 2023 | ||
18 | 18
motion
Report and Recommendations
Tue 04/18 2:26 PM
REPORT AND RECOMMENDATIONS re9 Amended Complaint filed by Michael Dellinger. Objections to R&R due by 5/5/2023. Signed by Honorable Barry A Bryant on April 18, 2023. (tg) |
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notice
Notice (Other)
Thu 04/20 8:55 AM
TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Barry A Bryant. Honorable Christy D Comstock no longer assigned to the case. Motions referred to Barry A Bryant. (src) |
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Thursday, March 30, 2023 | ||
17 | 17
misc
Response
Thu 03/30 9:47 AM
RESPONSE by Michael Dellinger re16 Order on Report and Recommendations.(mll) |
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Thursday, March 16, 2023 | ||
16 | 16
4
pgs
order
Order on Report and Recommendations Order on Motion to Amend/Correct ~Util - Set Deadlines
Thu 03/16 1:27 PM
ORDER vacating10 Report and Recommendations; granting13 Motion to Amend; denying as moot Motion to Extend the Deadline for Filing Objections to the Report and Recommendation. (Amended Complaint due by 4/13/2023.) Signed by Honorable Christy D. Comstock on March 16, 2023.(mll) |
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utility
Memo of Reassignment
Thu 03/16 11:08 AM
TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. Motions referred to Christy D. Comstock.(src) |
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Wednesday, March 01, 2023 | ||
15 | 15
answer
Answer to Amended Complaint
Wed 03/01 9:10 AM
ANSWER to9 Amended Complaint with Jury Demand by Gina Butler, Elkins.(Newell, Aaron) |
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Monday, February 27, 2023 | ||
14 | 14
service
Summons Returned Executed
Mon 02/27 8:57 AM
SUMMONS Returned Executed by Michael Dellinger. Gina Butler served on 2/13/2023, answer due 3/6/2023; Elkins served on 2/13/2023, answer due 3/6/2023.(mll) |
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Tuesday, February 07, 2023 | ||
13 | 13
motion
Amend/Correct
Tue 02/07 2:29 PM
MOTION to Amend2 Complaint by Michael Dellinger. Motions referred to Barry A Bryant.(mll) |
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Tuesday, January 24, 2023 | ||
12 | 12
service
Summons Issued
Tue 01/24 10:22 AM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Gina Butler, Elkins and USM285 Forms delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 9 Amended Complaint, 5 Magistrate Notice/Consent Form, 11 Order Directing Service.(mll) |
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Monday, January 23, 2023 | ||
11 | 11
2
pgs
order
Order Directing Service
Mon 01/23 1:43 PM
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Gina Butler, Dr. Elkins and granting 21 days to answer. Signed by Honorable Barry A Bryant on January 23, 2023. (cc: U.S. Marshals Service)(mll) |
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10 | 10
motion
Report and Recommendations
Mon 01/23 1:20 PM
REPORT AND RECOMMENDATIONS re9 Amended Complaint filed by Michael Dellinger. Objections to R&R due by 2/9/2023. Signed by Honorable Barry A Bryant on January 23, 2023.(mll) |
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Thursday, December 15, 2022 | ||
9 | 9
cmp
Amended Complaint
Thu 12/15 11:14 AM
AMENDED COMPLAINT with Jury Demand against Marian Hopkins, Gina Butler, Bobby Walraven, Elkins, Little River County Jail Administration filed by Michael Dellinger.(mll) |
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Friday, December 02, 2022 | ||
8 | 8
misc
Clerk's Order PLRA Initial Fee
Fri 12/02 11:16 AM
CLERK'S ORDER re PLRA Initial Fee directing ADC - North Central Unit to collect from petitioner's prison account an initial partial filing fee of $8.51; 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).(mll) |
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order
Order on Motion for Leave to Proceed In Forma Pauperis (42:1983)
Fri 12/02 9:44 AM
TEXT ONLY ORDER granting1 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 December 2, 2022. (awl) |
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order
Order Regarding Complaint Deficiency - TEXT ONLY
Fri 12/02 9:48 AM
TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District. 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 12/23/2022. Signed by Honorable Barry A Bryant on December 2, 2022. (awl) |
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Tuesday, November 29, 2022 | ||
5 | 5
notice
Magistrate Notice/Consent Form
Tue 11/29 4:05 PM
Magistrate Notice/Consent Form (jlm) |
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4 | 4
transfer
Case Transferred In - District Transfer
Tue 11/29 4:00 PM
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3 | 3
2
pgs
order
Order Transferring Case Out - District
Tue 11/29 2:35 PM
ORDER directing the Clerk of Court to transfer this case immediately to the United States District Court for the Western District of Arkansas. Signed by Magistrate Judge Edie R. Ervin on 11/29/2022. (ldb) |
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notice
Notice re Complaint 42:1983
Tue 11/29 4:05 PM
TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern Arkansas. (jlm) |
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utility
Motions Referred
Tue 11/29 4:07 PM
MOTIONS REFERRED to Honorable Barry A. Bryant:1 MOTION for Leave to Proceed in forma pauperis filed by Michael Dellinger. Motions referred to Honorable Barry A Bryant.(jlm) |
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Monday, November 28, 2022 | ||
2 | 2
cmp
Complaint
Tue 11/29 11:02 AM
COMPLAINT against All Defendants filed by Michael Dellinger. (llg) |
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1 | 1
motion
Proceed In Forma Pauperis
Tue 11/29 11:01 AM
MOTION for Leave to Proceed in forma pauperis by Michael Dellinger. (llg) |