Russell v. Windham et al
| Arkansas Western District Court | |
| Judge: | Susan O Hickey |
| Referred: | Christy D Comstock |
| Case #: | 4:23-cv-04032 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Mar 08, 2023 |
| Terminated: | Aug 15, 2023 |
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| Docket last updated: 04/23/2024 11:59 PM CDT |
| Tuesday, August 15, 2023 | ||
| 27 | 27
2
pgs
order
Order on Motion to Dismiss Order - Memo Order of Dismissal
Tue 08/15 12:11 PM
ORDER OF DISMISSAL WITHOUT PREJUDICE; finding as moot23 Motion to Dismiss. Signed by Honorable Susan O. Hickey on August 15, 2023.(mll) |
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| Tuesday, July 25, 2023 | ||
| 26 | 26
misc
Mail Returned
Tue 07/25 9:59 AM
Mail Returned as Undeliverable marked Return to sender. Refused. Unable to Forward. Mail originally sent to Ruston Yates Russell at Little River County Jail including 25 Order Directing Response to Motion. No new address available.(mll) |
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| Monday, July 10, 2023 | ||
| 25 | 25
order
Order Directing Response to Motion - TEXT ONLY
Mon 07/10 12:07 PM
TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION23 TO DISMISS. On June 26, 2023, Defendants filed a Motion to Dismiss, along with a brief in support. Plaintiff is directed to respond to the motion. Plaintiff is advised that failure to timely and properly comply with this Order shall result in the dismissal of this action pursuant to Local Rule 5.5(c)(2). Response to Motion to Dismiss due by 7/31/2023. Signed by Honorable Christy D. Comstock on July 10, 2023. (awl) |
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| Monday, June 26, 2023 | ||
| 24 | 24
4
pgs
msupport
Memorandum Brief in Support
Mon 06/26 10:53 AM
MEMORANDUM BRIEF in Support by Heather S. Ledbetter, Todd Loe. (McElroy, Jacob) |
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| 23 | 23
motion
Dismiss
Mon 06/26 10:52 AM
MOTION to Dismiss by Heather S. Ledbetter, Todd Loe. Motions referred to Christy D. Comstock.(McElroy, Jacob) |
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| Friday, June 23, 2023 | ||
| 22 | 22
service
Summons Returned Executed
Fri 06/23 1:33 PM
SUMMONS Returned Executed by Ruston Yates Russell. Darrell Elkin served on 6/16/2023, answer due 7/7/2023.(mll) (mll) |
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Att: 1
(6/23/2023) Unredacted Summons
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| Thursday, June 22, 2023 | ||
| 21 | 21
service
Summons Returned Executed
Thu 06/22 11:00 AM
SUMMONS Returned Executed by Ruston Yates Russell. Heather S. Ledbetter served on 6/16/2023, answer due 7/7/2023; Todd Loe served on 6/16/2023, answer due 7/7/2023.(mll) |
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| Tuesday, June 20, 2023 | ||
| 20 | 20
misc
Mail Returned
Tue 06/20 3:03 PM
Mail Returned as Undeliverable marked Return to sender. Attempted - Not Known Unable to Forward. Mail originally sent to Ruston Yates Russell at Little River County Jail including16 Order Directing Service. No new address available. New Address due by 7/20/2023.(mll) |
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| Wednesday, June 14, 2023 | ||
| 19 | 19
notice
Notice of Appearance
Wed 06/14 12:56 PM
NOTICE of Appearance by Jacob McElroy on behalf of Heather S. Ledbetter, Todd Loe. (McElroy, Jacob) |
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| Tuesday, June 06, 2023 | ||
| 17 | 17
service
Summons Reissued
Tue 06/06 2:12 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Reissued as to Darrell Elkin, Heather S. Ledbetter, Todd Loe and USM285 forms delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 2 Complaint Referred (42:1983), 4 Magistrate Notice/Consent Form, 16 Order Directing Service.(mll) |
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| 16 | 16
2
pgs
order
Order Directing Service
Tue 06/06 1:50 PM
SECOND ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Darrell Elkin, Heather S. Ledbetter, Todd Loe and granting 21 days to answer. Signed by Honorable Christy D. Comstock on June 6, 2023. (cc: U.S. Marshals Service)(mll) (Additional attachment added on 6/6/2023: #1 Unredacted Order) (mll) |
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| Friday, June 02, 2023 | ||
| 15 | 15
order
Order Directing Case Style Change - TEXT ONLY
Fri 06/02 12:27 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 the14 Response to Order to Show Cause. The name of Defendant Todo Loe should be changed to Todd Loe, and the name of Defendant Sunshine Ledbetter should be changed to Heather S. Ledbetter. CLERK TO FOLLOW UP . Signed by Honorable Christy D. Comstock on June 2, 2023. (awl) |
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| Thursday, June 01, 2023 | ||
| 18 | 18
answer
Answer to Complaint Referred (42:1983)
Wed 06/07 10:47 AM
ANSWER to2 Complaint Referred (42:1983) by Darrell Elkin.(mll) |
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| Wednesday, May 31, 2023 | ||
| 14 | 14
misc
Response to Order to Show Cause
Wed 05/31 3:35 PM
RESPONSE TO ORDER TO SHOW CAUSE by Sunshine Ledbetter, Todo Loe. (Miller, Stuart) |
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| Friday, May 26, 2023 | ||
| 13 | 13
answer
Answer to Complaint Referred (42:1983)
Fri 05/26 2:28 PM
ANSWER to2 Complaint Referred (42:1983) by Sunshine Ledbetter, Todo Loe.(Miller, Stuart) |
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| Wednesday, May 10, 2023 | ||
| 12 | 12
order
Order to Show Cause - Failure to Obey Order-TEXT ONLY
Wed 05/10 4:14 PM
TEXT ONLY SHOW CAUSE ORDER - FAILURE TO ANSWER. Defendants were all served with Summons on March 27, 2023 and their Answers due on April 17, 2023. Defendants Cassandra Castillo, Darrell Elkin, Sunshine Ledbetter, and Todo Loe failed to Answer or otherwise appear in this matter. Defendants Castillo, Elkin, Ledbetter, and Loe are given 21 days to show cause why an entry of default should not be entered against them. If Defendants fail to respond by the deadline, a default will be entered as to each of them. Show Cause Response due by 5/31/2023.. Signed by Honorable Christy D. Comstock on May 10, 2023. (awl) |
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| Tuesday, April 11, 2023 | ||
| 11 | 11
answer
Answer to Complaint Referred (42:1983)
Tue 04/11 2:46 PM
ANSWER to2 Complaint Referred (42:1983) by Trae Baker, Karen Ghormley, Andy Windham.(Heaton, Colin) |
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| Tuesday, April 04, 2023 | ||
| 10 | 10
service
Summons Returned Executed
Tue 04/04 11:12 AM
SUMMONS Returned Executed by Ruston Yates Russell. Trae Baker served on 3/27/2023, answer due 4/17/2023; Cassandra Castillo served on 3/27/2023, answer due 4/17/2023; Darrell Elkin served on 3/27/2023, answer due 4/17/2023; Karen Ghormley served on 3/27/2023, answer due 4/17/2023; Sunshine Ledbetter served on 3/27/2023, answer due 4/17/2023; Todo Loe served on 3/27/2023, answer due 4/17/2023; Andy Windham served on 3/27/2023, answer due 4/17/2023.(mll) |
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| Tuesday, March 21, 2023 | ||
| 9 | 9
misc
Mail Returned
Tue 03/21 9:51 AM
Mail Returned as Undeliverable marked Return to sender. Not deliverable as addressed. Unable to forward. Mail originally sent to Ruston Yates Russell at Nevada County Jail including 5 Order on Motion for Leave to Proceed In Forma Pauperis (42:1983). Resent to Little River County Jail.(mll) |
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| Monday, March 20, 2023 | ||
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utility
Memo of Reassignment
Mon 03/20 9:45 AM
TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. (src) |
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| Thursday, March 09, 2023 | ||
| 8 | 8
service
Summons Issued
Thu 03/09 2:48 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Trae Baker, Cassandra Castillo, Darrell Elkin, Karen Ghormley, Sunshine Ledbetter, Todo Loe, Andy Windham and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 4 Magistrate Notice/Consent Form, 7 Order Directing Service, 2 Complaint Referred (42:1983). (bjb) |
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| 7 | 7
2
pgs
order
Order Directing Service
Thu 03/09 2:26 PM
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE All Defendants and granting 21 days to answer. Signed by Honorable Barry A Bryant on March 9, 2023. (cc: U.S. Marshals Service-Certified).(bjb) |
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| 6 | 6
misc
Clerk's Order PLRA Initial Fee
Thu 03/09 2:19 PM
CLERK'S ORDER re PLRA Initial Fee directing NEVADA COUNTY JAIL to collect from petitioner's prison account an initial partial filing fee of $64.27; 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: NEVADA COUNTY JAIL). (bjb) |
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| 5 | 5
order
Order on Motion for Leave to Proceed In Forma Pauperis (42:1983)
Thu 03/09 10:47 AM
TEXT ONLY ORDER granting Plaintiff's Motion for Leave to Proceed in forma pauperis (42:1983) (ECF No. 3). 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 March 9, 2023. (awl) |
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| Wednesday, March 08, 2023 | ||
| 4 | 4
notice
Magistrate Notice/Consent Form
Wed 03/08 2:16 PM
Magistrate Notice/Consent Form.(mll) |
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| 3 | 3
motion
Proceed In Forma Pauperis (42:1983)
Wed 03/08 2:15 PM
MOTION for Leave to Proceed in forma pauperis (42:1983) by Ruston Yates Russell. Motions referred to Barry A Bryant.(mll) |
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| 2 | 2
cmp
Complaint Referred (42:1983)
Wed 03/08 2:14 PM
COMPLAINT REFERRED (42:1983) against Trae Baker, Kared Ghormley, Andy Windham filed by Ruston Yates Russell.(mll) |
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| 1 | 1
1
pgs
order
Order
Wed 03/08 2:12 PM
ORDER directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the United States District Court for the Western District of Arkansas. Signed by Judge James M. Moody Jr. on 03/07/2023. (llg)(mll) |
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