Price v. Howe (1:23-cv-01021), Arkansas Western District Court

Price v. Howe

Arkansas Western District Court
Judge:	Susan O Hickey
Referred:	Barry A Bryant
Case #:	1:23-cv-01021
Nature of Suit	555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause	42:1983 Prisoner Civil Rights

Case Filed:	Mar 16, 2023
Terminated:	Jan 22, 2024

Docket
Parties

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Docket last updated: 04/18/2024 11:59 PM CDT

Monday, January 22, 2024
23		23 1 pgs order Order on Report and Recommendations Order Adopting Report and Recommendations Mon 01/22 4:27 PM ORDER ADOPTING22 Report and Recommendations in toto. Accordingly, Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on January 22, 2024. (lgd) Related: [-]
Thursday, December 21, 2023
22		22 motion Report and Recommendations Thu 12/21 2:17 PM REPORT AND RECOMMENDATIONS re18 MOTION to Dismiss filed by Linda Howe. Objections to R&R due by 1/8/2024. Signed by Honorable Barry A Bryant on December 21, 2023. (bjb) Related: [-]
Monday, December 18, 2023
21		21 order Order on Motion to Continue 1 - Terminate Deadlines Mon 12/18 11:16 AM TEXT ONLY ORDER granting20 Defendants' Motion to Continue. The discovery deadline and motion for summary judgment deadlines are hereby terminated. The Court will reset these deadlines if necessary after ruling on the Defendants' Motion to Dismiss. Signed by Honorable Barry A Bryant on December 18, 2023. (awl) Related: [-]
Thursday, November 16, 2023
20		20 motion Continue Thu 11/16 1:57 PM MOTION to Continue Deadlines by Linda Howe. Motions referred to Barry A Bryant.(Adams, Jenna) Related: [-]
Wednesday, October 18, 2023
19		19 3 pgs msupport Memorandum Brief in Support Wed 10/18 9:41 AM MEMORANDUM BRIEF in Support of18 MOTION to Dismiss by Linda Howe. (Adams, Jenna) Related: [-]
18		18 motion Dismiss Wed 10/18 9:37 AM MOTION to Dismiss by Linda Howe. Motions referred to Barry A Bryant.(Adams, Jenna) Related: [-]
Tuesday, October 03, 2023
17		17 order Order on Motion to Compel Tue 10/03 10:04 AM TEXT ONLY ORDER granting Defendants' Motion to Compel (ECF No. 13). Defendant moves, pursuant to Federal Rule of Civil Procedure 37(a)(3)(B) to compel Plaintiff to respond to her discovery requests. In her Motion Defendant states, she propounded interrogatories and request for production of documents to the Plaintiff on May 30, 2023. Defendant subsequently sent two good faith letters to Plaintiff requesting his past due discovery responses. To date, Plaintiff has not responded to any of Defendant's discovery requests or good faith letters. Plaintiff also failed to respond to Defendant's Motion to Compel. Under the Federal Rules of Civil Procedure, Plaintiff had thirty (30) days to respond to Defendant's discovery request. Fed. R. Civ. P. 33(b)(3); 34(b). Plaintiff did not request additional time to respond to the discovery requests. Therefore, Plaintiff has failed to respond in the time provided by law. Accordingly, Defendant's Motion to Compel (ECF No. 13) is GRANTED. Plaintiff is directed to provide Defendant with the required responses to the discovery requests by 5:00 p.m. on October 16, 2023. If Plaintiff fails to provide the discovery responses, Defendant should notify the Court by filing a motion to dismiss. Plaintiff is advised that failure to comply with this Order may subject this case to summary dismissal. Signed by Honorable Barry A Bryant on October 2, 2023. (awl) Related: [-]
Thursday, September 14, 2023
16		16 order Order on Motion to Continue Thu 09/14 9:04 AM TEXT ONLY ORDER granting15 Motion to Continue the discovery and dispositive motion deadlines in the Initial Scheduling Order. All discovery in this matter shall be completed by November 20, 2023 and Defendants are directed to file a motion for summary judgment by December 20, 2023. Signed by Honorable Barry A Bryant on September 14, 2023. (awl) Related: [-]
Friday, September 08, 2023
15		15 motion Continue Fri 09/08 10:42 AM MOTION to Continue Deadlines by Linda Howe. Motions referred to Barry A Bryant.(Adams, Jenna) Related: [-]
Monday, August 28, 2023
14		14 3 pgs msupport Memorandum Brief in Support Mon 08/28 10:04 AM MEMORANDUM BRIEF in Support of13 MOTION to Compel by Linda Howe. (Adams, Jenna) Related: [-]
13		13 motion Compel Mon 08/28 10:01 AM MOTION to Compel by Linda Howe.Motions referred to Barry A Bryant.(Adams, Jenna) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C
Thursday, July 06, 2023
12		12 notice Notice (Other) Thu 07/06 2:25 PM NOTICE by Linda Howe Notice of Disclosure of Documents to Plaintiff (Adams, Jenna) Related: [-]
Monday, May 22, 2023
11		11 order Initial Scheduling Order - PC cases Mon 05/22 8:17 AM INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 10/19/2023. Signed by Honorable Barry A Bryant on May 22, 2023. (sss) Related: [-]
Thursday, April 27, 2023
10		10 answer Answer to Complaint Referred (42:1983) Thu 04/27 2:28 PM ANSWER to1 Complaint Referred (42:1983) with Jury Demand by Linda Howe.(Adams, Jenna) Related: [-]
9		9 notice Notice of Appearance Thu 04/27 2:24 PM NOTICE of Appearance by Jenna Adams on behalf of Linda Howe. (Adams, Jenna) Related: [-]
Wednesday, April 05, 2023
8		8 notice Notice of Change of Address Wed 04/05 1:47 PM NOTICE of Change of Address for James Daniel Price. There are no documents to resend.(mll) Related: [-]
Thursday, March 30, 2023
7		7 service Summons Issued Thu 03/30 2:05 PM THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Linda Howe and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 6 Order Directing Service, 1 Complaint Referred (42:1983), 4 Magistrate Notice/Consent Form. (tmc) Related: [-]
6		6 2 pgs order Order Directing Service Thu 03/30 2:00 PM ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Linda Howe and granting 21 days to answer. Signed by Honorable Barry A Bryant on March 30, 2023. (cc: U.S. Marshals Service-Certified).(tmc) Related: [-]
Thursday, March 16, 2023
5		5 misc Clerk's Order PLRA Fee Thu 03/16 9:27 AM CLERK'S ORDER re PLRA Fee directing Union County Detention Center to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full. (cc: Sheriff, Union County)(mll) Related: [-]
4		4 notice Magistrate Notice/Consent Form Thu 03/16 9:13 AM Magistrate Notice/Consent Form.(mll) Related: [-]
3		3 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis (42:1983) Thu 03/16 8:23 AM 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 March 16, 2023.(mll) Related: [-]
2		2 motion Proceed In Forma Pauperis (42:1983) Thu 03/16 8:21 AM MOTION for Leave to Proceed in forma pauperis (42:1983) by James Daniel Price. Motions referred to Barry A Bryant.(mll) Related: [-]
1		1 cmp Complaint Referred (42:1983) Thu 03/16 8:20 AM COMPLAINT REFERRED (42:1983) against Linda Howe filed by James Daniel Price.(mll) Related: [-]

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