Wilson v. Martin et al
| Arkansas Western District Court | |
| Judge: | Timothy L Brooks |
| Referred: | Mark E Ford |
| Case #: | 3:23-cv-03018 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Mar 13, 2023 |
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| Docket last updated: 04/18/2024 11:59 PM CDT |
| Thursday, April 18, 2024 | ||
| 44 | 44
motion
Dismiss Party
Thu 04/18 12:00 PM
MOTION to Dismiss Party by Johnathan Wilson. Motions referred to Mark E. Ford.(ria) |
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| Monday, April 08, 2024 | ||
| 43 | 43
misc
Response
Mon 04/08 4:07 PM
RESPONSE by Johnathan Wilson re38 Supplement. (bjb) |
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| 42 | 42
notice
Notice of Change of Address
Mon 04/08 4:06 PM
NOTICE of Change of Address for Johnathan Wilson. There are no documents to resend. (bjb) |
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| Tuesday, March 19, 2024 | ||
| 41 | 41
order
Order on Motion for Extension of Time to File Response/Reply ~Util - Set Deadlines
Tue 03/19 7:48 AM
TEXT ONLY ORDER granting [ECF No. 40] Motion for Extension of Time to File Response to the Supplemental Motion for Summary Judgment [ECF No. 38]. Plaintiff is granted an extension of time until April 12, 2024. Plaintiff has indicated that due to his transfer between facilities, he has not received the Supplemental Motion for Summary Judgment. For this reason, the Clerk is directed to mail Plaintiff a copy of ECF No. 38. Response to the Supplemental Motion for Summary Judgment is due by April 12, 2024. Failure to comply with this Order shall result in the dismissal of the case. Signed by Honorable Mark E. Ford on March 19, 2024. (smg) |
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| Monday, March 18, 2024 | ||
| 40 | 40
motion
Extension of Time to File Response/Reply
Mon 03/18 11:02 AM
Motion for extension of time to submit his response to the38 supplemental motion for summary judgment by Johnathan Wilson. (tg) Modified on 3/18/2024 to edit text(tg) |
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| Friday, March 08, 2024 | ||
| 39 | 39
notice
Notice of Change of Address
Fri 03/08 2:27 PM
NOTICE of Change of Address for Johnathan Wilson. There are no documents to resend. (lgd) |
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| Tuesday, March 05, 2024 | ||
| 38 | 38
misc
Supplement
Tue 03/05 10:04 AM
SUPPLEMENT by Defendants Roy Martin, TurnKey Health Clinics, LLC, Jody Woods to30 Joint MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies .(Newell, Aaron) |
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Att: 1
Exhibit No. A - Affidavit of Spillman
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| Tuesday, February 20, 2024 | ||
| 37 | 37
2
pgs
order
Order
Tue 02/20 4:28 PM
ORDER - Defendants are directed to file a supplemental motion for summary judgment by no later than March 8, 2024. Signed by Honorable Mark E. Ford on February 20, 2024. (bjb) |
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| Monday, November 27, 2023 | ||
| 36 | 36
order
Order on Motion for Miscellaneous Relief
Mon 11/27 9:27 AM
TEXT ONLY ORDER denying35 Motion for copies of Plaintiff's medical records and jail file. The Court has temporary stayed discovery while the issue of whether Plaintiff exhausted his administrative remedies is decided. If the case proceeds, the Court will issue an Initial Scheduling Order which will require Defendants to provide Plaintiff with initial disclosures which will include the documents he sought in this motion. Signed by Honorable Mark E. Ford on November 27, 2023. (smg) |
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| Tuesday, November 21, 2023 | ||
| 35 | 35
motion
Miscellaneous Relief
Tue 11/21 3:58 PM
MOTION for copies by Johnathan Wilson. Motions referred to Mark E. Ford.(tg) |
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| 34 | 34
respm
Response to Motion
Tue 11/21 3:54 PM
RESPONSE IN OPPOSITION TO Motion re30 Joint MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Johnathan Wilson. (tg) |
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| Monday, October 30, 2023 | ||
| 33 | 33
order
Order Directing Response to Motion - TEXT ONLY
Mon 10/30 1:41 PM
TEXT ONLY ORDER DIRECTING RESPONSE TO Defendants' Joint MOTION [ECF No. 30] 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 November 20, 2023 . Signed by Honorable Mark E. Ford on October 30, 2023. (smg) |
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| 32 | 32
msupport
Statement of Facts
Mon 10/30 1:24 PM
STATEMENT OF FACTS in support of30 Joint MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Roy Martin, TurnKey Health Clinics, LLC, Jody Woods.(Newell, Aaron) |
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Att: 1
Exhibit No. A - Affidavit of Silva,
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Att: 2
Exhibit No. A1 - Arrest & Booking,
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Att: 3
Exhibit No. A2 - Requests & Grievances,
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Att: 4
Exhibit No. A5 - Policies & Procedures
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| 31 | 31
6
pgs
msupport
Memorandum Brief in Support
Mon 10/30 1:21 PM
MEMORANDUM BRIEF in Support of30 Joint MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Roy Martin, Jody Woods, TurnKey Health Clinics, LLC. (Newell, Aaron) Modified on 10/30/2023 (bjb) |
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| 30 | 30
motion
Summary Judgment
Mon 10/30 1:20 PM
Joint MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Roy Martin, Jody Woods, TurnKey Health Clinics, LLC. Motions referred to Mark E. Ford.(Newell, Aaron) Modified on 10/30/2023 (bjb) |
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| Friday, September 15, 2023 | ||
| 29 | 29
order
Bench Order PC cases - TEXT ONLY
Fri 09/15 1:15 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 10/30/2023. Signed by Honorable Mark E. Ford on September 15, 2023. (smg) |
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| 28 | 28
answer
Answer to Complaint Referred (42:1983)
Fri 09/15 1:05 PM
ANSWER to1 Complaint Referred (42:1983) with Jury Demand by Jody Woods.(Young, Austin) |
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| 27 | 27
notice
Notice of Appearance
Fri 09/15 1:04 PM
NOTICE of Appearance by Austin Young, I on behalf of Jody Woods. (Young, Austin) |
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| Monday, September 11, 2023 | ||
| 26 | 26
service
Summons Returned Executed
Mon 09/11 9:56 AM
SUMMONS Returned Executed Jody Woods served on 8/25/2023, answer due 9/15/2023. (lgd) |
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| Friday, September 01, 2023 | ||
| 25 | 25
notice
Notice of Change of Address
Fri 09/01 1:57 PM
NOTICE of Change of Address for Johnathan Wilson to Wrightsville ADC. There are no documents to resend. (lgd) |
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| Friday, August 04, 2023 | ||
| 24 | 24
service
Summons Reissued
Fri 08/04 9:20 AM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Reissued as to Jody Woods and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 23 Order Directing Service, 1 Complaint Referred (42:1983). (lgd) |
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| 23 | 23
1
pgs
order
Order Directing Service
Fri 08/04 9:13 AM
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Jody Woods and granting 21 days to answer. Signed by Honorable Mark E. Ford on August 4, 2023. (cc: U.S. Marshals Service-Certified).(lgd) |
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| Thursday, August 03, 2023 | ||
| 22 | 22
service
Summons Returned Unexecuted
Thu 08/03 12:55 PM
Summons Returned Unexecuted as to Jody Woods. (bjb) |
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| Wednesday, July 12, 2023 | ||
| 21 | 21
service
Summons Returned Executed
Wed 07/12 10:59 AM
SUMMONS Returned Executed by Johnathan Wilson. Sheriff Roy Martin served on 3/20/2023, answer due 4/10/2023. (tg) |
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| Tuesday, May 30, 2023 | ||
| 20 | 20
service
Summons Reissued
Tue 05/30 12:44 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Reissued as to Jody Woods and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 19 Order Directing Service, 5 Magistrate Notice/Consent Form, 1 Complaint Referred (42:1983). (bjb) |
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| 19 | 19
1
pgs
order
Order Directing Service
Tue 05/30 12:34 PM
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Nurse Jody Woods. Signed by Honorable Mark E. Ford on May 30, 2023. (cc: U.S. Marshals Service-Certified).(bjb) |
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| Thursday, May 25, 2023 | ||
| 18 | 18
service
Summons Returned Unexecuted
Thu 05/25 10:23 AM
Summons Returned Unexecuted as to Jody Woods. (Additional attachment added on 5/25/2023: #1 Unredacted Summons) (bjb) |
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| Friday, May 12, 2023 | ||
| 17 | 17
notice
Notice of Change of Address
Fri 05/12 11:39 AM
NOTICE of Change of Address and ADC # for Johnathan Wilson, #180543 to ORCU ADC. There are no documents to resend. (lgd) |
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| Thursday, April 13, 2023 | ||
| 16 | 16
service
Summons Reissued
Thu 04/13 3:26 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Reissued as to Jody Woods and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 5 Magistrate Notice/Consent Form, 15 Order Directing Service, 1 Complaint Referred (42:1983). (bjb) |
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| 15 | 15
1
pgs
order
Order Directing Service
Thu 04/13 3:15 PM
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Nurse Jody Woods and granting 21 days to answer. Signed by Honorable Mark E. Ford on April 13, 2023. (cc: U.S. Marshals Service-Certified).(bjb) |
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| 14 | 14
misc
Sealed Document
Thu 04/13 1:20 PM
THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT. SEALED DOCUMENT by TurnKey Health Clinics, LLC. An Order was entered on 3/15/2023 allowing the document(s) to be filed under seal.. (Young, Austin) |
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| 13 | 13
answer
Answer to Complaint
Thu 04/13 1:02 PM
ANSWER to Complaint with Jury Demand by TurnKey Health Clinics, LLC.(Young, Austin) |
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| 12 | 12
notice
Notice of Appearance
Thu 04/13 1:00 PM
NOTICE of Appearance by Austin Young, I on behalf of TurnKey Health Clinics, LLC. (Young, Austin) |
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| Wednesday, April 12, 2023 | ||
| 11 | 11
order
Order on Motion for Extension of Time to Complete Discovery
Wed 04/12 2:08 PM
TEXT ONLY ORDER finding as premature Plaintiff's [ECF No. 10] Motion for anExtension of Time to Complete Discovery. The Court has not yet set a deadline by which discovery must be complete. At a later stage in the case, the Court will enter an Initial Scheduling Order containing a date by which all discovery must be complete. Plaintiff must serve all his discovery requests on Defendants' counsel. Signed by Honorable Mark E. Ford on April 12, 2023. (smg) |
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| 10 | 10
motion
Extension of Time to Complete Discovery
Wed 04/12 12:55 PM
MOTION for Extension of Time to Complete Discovery by Johnathan Wilson. Motions referred to Mark E. Ford.(bjb) |
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| Wednesday, April 05, 2023 | ||
| 9 | 9
answer
Answer to Complaint Referred (42:1983)
Wed 04/05 11:23 AM
ANSWER to1 Complaint Referred (42:1983) with Jury Demand by Roy Martin.(Newell, Aaron) |
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| Tuesday, April 04, 2023 | ||
| 8 | 8
service
Summons Returned Executed
Tue 04/04 8:32 AM
SUMMONS Returned Executed by Johnathan Wilson. TurnKey Health Clinics, LLC served on 3/23/2023, answer due 4/13/2023; Jody Woods served on 3/23/2023, answer due 4/13/2023. (tg) |
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| Wednesday, March 15, 2023 | ||
| 7 | 7
service
Summons Issued
Wed 03/15 9:43 AM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Roy Martin, TurnKey Health Clinics, LLC, Jody Woods and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 5 Magistrate Notice/Consent Form, 6 Order Directing Service, 1 Complaint Referred (42:1983). YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (bjb) |
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| 6 | 6
2
pgs
order
Order Directing Service
Wed 03/15 9:20 AM
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Roy Martin, TurnKey Health Clinics, LLC, Jody Woods and granting 21 days to answer. Signed by Honorable Mark E. Ford on March 15, 2023. (bjb) |
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| Monday, March 13, 2023 | ||
| 5 | 5
notice
Magistrate Notice/Consent Form
Mon 03/13 4:08 PM
Magistrate Notice/Consent Form furnished. (lgd) |
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| 4 | 4
misc
Clerk's Order PLRA Initial Fee
Mon 03/13 4:05 PM
CLERK'S ORDER re PLRA Initial Fee directing Boone County Jail to collect from petitioner's prison account an initial partial filing fee of $193; 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 filing fee is paid in full (cc: Sheriff, Boone County Jail). (lgd) |
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| 3 | 3
2
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis (42:1983) Order - PC Complaint 42:1983 - Initial
Mon 03/13 4:02 PM
ORDER directing the Clerk to file the in forma pauperis (IFP) application and complaint submitted by the Plaintiff; 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 in the amount of $ 350. 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 . Signed by Honorable Christy D. Comstock on March 13, 2023. (lgd) |
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| 2 | 2
motion
Proceed In Forma Pauperis (42:1983)
Mon 03/13 3:49 PM
MOTION for Leave to Proceed in forma pauperis (42:1983) by Johnathan Wilson. Motions referred to Mark E. Ford.(lgd) |
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| 1 | 1
cmp
Complaint Referred (42:1983)
Mon 03/13 3:46 PM
COMPLAINT REFERRED (42:1983) against Roy Martin, Turnkey Health, Jody Woods, filed by Johnathan Wilson.(lgd) |
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