Russell v. Windham et al

Arkansas Western District Court
Judge:Susan O Hickey
Referred: Christy D Comstock
Case #: 4:23-cv-04032
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:Mar 08, 2023
Terminated:Aug 15, 2023

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Docket last updated: 89 minutes ago
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
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
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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