Shocklee v. Rose et al

Arkansas Western District Court
Judge:Barry A Bryant
Referred: Barry A Bryant
Case #: 1:22-cv-01068
Nature of Suit555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause42:1983 Prisoner Civil Rights
Case Filed:Nov 30, 2022
Terminated:Jun 09, 2023
Defendant
Deputy Henderson
Defendant
Elkins
Defendant
Gean Sieger
Defendant
Leah Rose
Defendant
Mosely
Plaintiff
Lance Thomas Ray Shocklee

GPO Feb 16 2023
ORDER denying 9 Motion to Supplement Complaint. Signed by Honorable Barry A. Bryant on February 16, 2023.(mll) Modified on 2/16/2023.(mll)

Docket last updated: 2 hours ago
Thursday, June 22, 2023
26 26 misc Mail Returned Thu 06/22 4:29 PM
Mail Returned as Undeliverable marked RTS Unable to forward. Mail originally sent to Lance Shocklee at Magnolia, AR including25 Order of Dismissal. No new address available. (tg)
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Friday, June 09, 2023
25 25 3 pgs order Order of Dismissal Fri 06/09 3:38 PM
ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Honorable Barry A Bryant on June 9, 2023. (bjb)
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Thursday, May 25, 2023
24 24 misc Mail Returned Thu 05/25 11:57 AM
Mail Returned as Undeliverable marked RTS unable to forward. Mail originally sent to Lance Shocklee at Columbia County Jail including 23 Order to Show Cause - Failure to Obey Order-TEXT ONLY. No new address available. New Address due by 6/1/2023. (lgd)
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Monday, May 15, 2023
23 23 order Order to Show Cause - Failure to Obey Order-TEXT ONLY Mon 05/15 9:11 AM
TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to Respond to Defendant's Motion for Summary Judgment on the Issue of Failure to Exhaust Administrative Remedies by 5/12/2023. (ECF No. 21). Plaintiff did not respond, and this Order was returned as undeliverable. Plaintiff has not provided the Court with an updated address. 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. Plaintiff is reminded that he was previously ordered to update the Court with any change of address within 30 days of any such change, failing which would also subject this matter to dismissal. (ECF No. 3). Show Cause Response due by 6/5/2023. Signed by Honorable Barry A Bryant on May 15, 2023. (ksb)
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Tuesday, May 02, 2023
22 22 misc Mail Returned Tue 05/02 4:59 PM
Mail Returned as Undeliverable marked Return to sender. Not deliverable as addressed. Unable to forward. Mail originally sent to Lance Thomas Ray Shocklee at Columbia County Jail including 21 Order Directing Response to Motion. No new address available. New Address due by 6/1/2023.(mll)
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Friday, April 21, 2023
21 21 order Order Directing Response to Motion - TEXT ONLY Fri 04/21 8:29 AM
TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION18 FOR SUMMARY JUDGMENT. Plaintiff is directed to file a Response to the Motion for Summary Judgment within 21 days of the date of this Order. 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 5/12/2023. Signed by Honorable Barry A Bryant on April 21, 2023. (ksb)
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Thursday, April 20, 2023
20 20 msupport Statement of Facts Thu 04/20 4:28 PM
STATEMENT OF FACTS in support of18 MOTION for Summary Judgment MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES by Deputy Henderson, Mosely, Leah Rose, Gean Sieger. (Jones, Jamie)
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19 19 9 pgs msupport Memorandum Brief in Support Thu 04/20 4:27 PM
MEMORANDUM BRIEF in Support of18 MOTION for Summary Judgment MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES by Deputy Henderson, Mosely, Leah Rose, Gean Sieger. (Jones, Jamie)
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18 18 motion Summary Judgment Thu 04/20 4:26 PM
MOTION for Summary Judgment MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES by Deputy Henderson, Mosely, Leah Rose, Gean Sieger.(Jones, Jamie)
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Att: 1 Exhibit,
Att: 2 Exhibit,
Att: 3 Exhibit
Friday, April 07, 2023
17 17 notice Notice (Other) Fri 04/07 1:16 PM
NOTICE by Deputy Henderson, Mosely, Leah Rose, Gean Sieger NOTICE OF DISOVERY COMPLIANCE (Jones, Jamie)
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Thursday, March 30, 2023
16 16 order Consent to Jurisdiction by US Magistrate Judge Thu 03/30 9:12 AM
CONSENT to Jurisdiction by US Magistrate Judge. Signed by Honorable Susan O. Hickey on March 30, 2023. (sss) (sss)
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Att: 1 (3/30/2023) Affidavit Ptf Consent,
Att: 2 (3/30/2023) Affidavit Defs Consent
utility Add and Terminate Judges Thu 03/30 9:13 AM
Honorable Barry A Bryant added. Honorable Susan O. Hickey no longer assigned to case. (sss)
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Monday, March 06, 2023
15 15 order Order Mon 03/06 9:12 AM
TEXT ONLY ORDER If the 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 April 20, 2023. 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. Signed by Honorable Barry A Bryant on 3/6/2023. (ksb)
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Friday, March 03, 2023
14 14 2 pgs order Order Adopting Report and Recommendations Fri 03/03 4:19 PM
ORDER ADOPTING6 REPORT AND RECOMMENDATIONS and Plaintiff's complaint is hereby DISMISSED WITHOUT PREJUDICE IN PART (See Order for specifics). Signed by Honorable Susan O. Hickey on 3/3/2023. (tg)
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Monday, February 20, 2023
13 13 notice Notice of Appearance Mon 02/20 8:49 AM
NOTICE of Appearance by Jamie Huffman Jones on behalf of Mosely, Gean Sieger. (Jones, Jamie)
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Friday, February 17, 2023
12 12 answer Answer to Complaint Referred (42:1983) Fri 02/17 8:47 AM
ANSWER to1 Complaint Referred (42:1983) with Jury Demand by Deputy Henderson, Mosely, Leah Rose, Gean Sieger.(Jones, Jamie)
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Thursday, February 16, 2023
11 11 3 pgs order Order on Motion to Supplement Thu 02/16 1:00 PM
ORDER denying9 Motion to Supplement Complaint. Signed by Honorable Barry A. Bryant on February 16, 2023.(mll) Modified on 2/16/2023.(mll)
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Tuesday, February 14, 2023
10 10 service Summons Returned Executed Tue 02/14 1:13 PM
SUMMONS Returned Executed by Lance Thomas Ray Shocklee. Deputy Henderson served on 2/4/2022, answer due 2/25/2022; Mosely served on 2/4/2022, answer due 2/25/2022; Leah Rose served on 2/4/2022, answer due 2/25/2022; Gean Sieger served on 2/4/2022, answer due 2/25/2022.(mll)
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Friday, February 03, 2023
9 9 motion Supplement Fri 02/03 12:01 PM
MOTION to Supplement1 Complaint Referred (42:1983) by Lance Thomas Ray Shocklee. Motions referred to Barry A Bryant.(mll)
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Thursday, January 12, 2023
8 8 service Summons Issued Thu 01/12 3:40 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Deputy Henderson, Mosely, Leah Rose, Gean Sieger and USM285 Forms 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, 7 Order Directing Service.(mll)
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7 7 2 pgs order Order Directing Service Thu 01/12 10:58 AM
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Deputy Henderson, Mosely, Leah Rose, Gean Sieger and granting 21 days to answer. Signed by Honorable Barry A Bryant on January 12, 2023. (cc: U.S. Marshals Service)(mll)
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6 6 motion Report and Recommendations Thu 01/12 9:56 AM
REPORT AND RECOMMENDATIONS re1 Complaint Referred (42:1983) filed by Lance Thomas Ray Shocklee. Objections to R&R due by 1/30/2023. Signed by Honorable Barry A Bryant on January 12, 2023.(mll)
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Wednesday, November 30, 2022
5 5 misc Clerk's Order PLRA Initial Fee Wed 11/30 4:20 PM
CLERK'S ORDER re PLRA Initial Fee directing Columbia County Jail to collect from petitioner's prison account an initial partial filing fee of $37.30; 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: Sheriff, Columbia County).(mll)
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4 4 notice Magistrate Notice/Consent Form Wed 11/30 4:13 PM
Magistrate Notice/Consent Form.(mll)
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3 3 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis (42:1983) Wed 11/30 4:12 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 November 30, 2022.(mll)
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2 2 motion Proceed In Forma Pauperis (42:1983) Wed 11/30 4:10 PM
MOTION for Leave to Proceed in forma pauperis (42:1983) by Lance Thomas Ray Shocklee. Motions referred to Barry A Bryant.(mll)
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1 1 cmp Complaint Referred (42:1983) Wed 11/30 4:02 PM
COMPLAINT REFERRED (42:1983) against Deputy Henderson, Mosely, Leah Rose, Gean Sieger filed by Lance Thomas Ray Shocklee.(mll)
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