Joyce v. Finkbeiner et al (6:23-cv-06029), Arkansas Western District Court

Joyce v. Finkbeiner et al

Arkansas Western District Court
Judge:	Susan O Hickey
Referred:	Barry A Bryant
Case #:	6:23-cv-06029
Nature of Suit	555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause	42:1983 Prisoner Civil Rights

Case Filed:

Mar 16, 2023

Docket
Parties

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

Thursday, April 18, 2024
25		25 motion Miscellaneous Relief Thu 04/18 3:02 PM MOTION for Subpoena by Michael Tyrone Joseph Joyce. Motions referred to Barry A Bryant.(tmc) Related: [-]
Wednesday, April 10, 2024
24		24 respm Reply to Response to Motion Wed 04/10 11:04 AM REPLY to Response to Motion re17 MOTION for Summary Judgment filed by Berlan, Scott Finkbeiner, Fred Phillips, Pilcher. (Dugger, Melissa) Related: [-]
Thursday, April 04, 2024
23		23 msupport Statement of Facts Thu 04/04 5:08 PM STATEMENT OF FACTS in support of22 Response to Motion by Michael Tyrone Joseph Joyce.(mll) Related: [-]
22		22 respm Response to Motion Thu 04/04 4:53 PM RESPONSE IN OPPOSITION TO Motion re17 MOTION for Summary Judgment filed by Michael Tyrone Joseph Joyce.(mll) (Main Document 22 replaced on 4/4/2024) (mll) Related: [-]
Wednesday, April 03, 2024
21		21 order Order to Show Cause - Failure to Obey Order-TEXT ONLY Wed 04/03 2:54 PM TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to submit his Response to the Summary Judgment Motion by April 1, 2024. This Order was not returned as undeliverable. Plaintiff did not respond. 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. Show Cause Response due by 4/24/2024.. Signed by Honorable Barry A Bryant on April 3, 2024. (klk) Related: [-]
Monday, March 11, 2024
20		20 order Order Directing Response to Motion - TEXT ONLY Mon 03/11 8:44 AM TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION17 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 4/1/2024.. Signed by Honorable Barry A Bryant on March 11, 2024. (klk) Related: [-]
Friday, March 08, 2024
19		19 msupport Statement of Facts Fri 03/08 9:20 AM STATEMENT OF FACTS in support of17 MOTION for Summary Judgment by Berlan, Scott Finkbeiner, Fred Phillips, Pilcher.(Dugger, Melissa) Related: [-]
		Att: 1 Exhibit No. A - Affidavit of Phillips,
		Att: 2 Exhibit No. A1 - Arrest & Booking,
		Att: 3 Exhibit No. A2 - Requests & Grievances,
		Att: 4 Exhibit No. A3 - Jail Medical File,
		Att: 5 Exhibit No. A4 - Policies & Procedures,
		Att: 6 Exhibit No. B - Plaintiff's Deposition,
		Att: 7 Exhibit No. C - Affidavit of Finkbeiner,
		Att: 8 Exhibit No. D - Affidavit of Berlan
18		18 30+ pgs msupport Memorandum Brief in Support Fri 03/08 9:16 AM MEMORANDUM BRIEF in Support of17 MOTION for Summary Judgment by Berlan, Scott Finkbeiner, Fred Phillips, Pilcher. (Dugger, Melissa) Related: [-]
17		17 motion Summary Judgment Fri 03/08 9:15 AM MOTION for Summary Judgment by Berlan, Scott Finkbeiner, Fred Phillips, Pilcher. Motions referred to Barry A Bryant.(Dugger, Melissa) Related: [-]
Tuesday, November 07, 2023
16		16 3 pgs notice Notice (Other) Tue 11/07 11:16 AM NOTICE by Berlan, Scott Finkbeiner, Fred Phillips, Pilcher re15 Initial Scheduling Order - PC cases of Defendants' Disclosures to Plaintiff (Dugger, Melissa) Related: [-]
Tuesday, October 10, 2023
15		15 3 pgs order Initial Scheduling Order - PC cases Tue 10/10 9:31 AM INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 3/8/2024. Signed by Honorable Barry A Bryant on October 10, 2023. (sss) Related: [-]
Thursday, May 25, 2023
14		14 notice Notice (Other) Thu 05/25 12:31 PM NOTICE by Berlan, Scott Finkbeiner, Fred Phillips, Pilcher re 10 Bench Order PC cases - TEXT ONLY,, of No Exhaustion Motion to Be Filed by Defendants (Dugger, Melissa) Related: [-]
Wednesday, May 10, 2023
13		13 notice Notice of Change of Address Wed 05/10 2:07 PM NOTICE of Change of Address for Michael Joyce to Newport, AR. Documents that have previously been returned are being resent including 10 Bench Order PC cases - TEXT ONLY,8 Summons Returned Executed. (tg) Related: [-]
Wednesday, May 03, 2023
12		12 misc Mail Returned Wed 05/03 10:18 AM Mail Returned as Undeliverable marked Return to Sender - No Longer At This Address. Mail originally sent to Michael Tyrone Joseph Joyce at Hot Spring County Jail including 10 Bench Order PC cases - TEXT ONLY. No new address available. (tmc) Related: [-]
Thursday, April 27, 2023
11		11 misc Mail Returned Thu 04/27 10:56 AM Mail Returned as Undeliverable marked Return to Sender - No Longer At This Address. Mail originally sent to Michael Tyrone Joseph Joyce at Hot Spring County Jail including8 Summons Returned Executed, filed by Michael Tyrone Joseph Joyce. No new address available. New Address due by 5/30/2023. (tmc) Related: [-]
Tuesday, April 18, 2023
10		10 order Bench Order PC cases - TEXT ONLY Tue 04/18 7:39 AM 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 6/2/2023. Signed by Honorable Barry A Bryant on April 18, 2023. (klk) Related: [-]
Monday, April 17, 2023
9		9 answer Answer to Complaint Referred (42:1983) Mon 04/17 10:25 AM ANSWER to1 Complaint Referred (42:1983) with Jury Demand by Berlan, Scott Finkbeiner, Fred Phillips, Pilcher.(Dugger, Melissa) Related: [-]
Tuesday, April 04, 2023
8		8 service Summons Returned Executed Tue 04/04 9:14 AM SUMMONS Returned Executed by Michael Tyrone Joseph Joyce. Berlan served on 3/28/2023, answer due 4/18/2023; Scott Finkbeiner served on 3/28/2023, answer due 4/18/2023; Fred Phillips served on 3/29/2023, answer due 4/19/2023; Pilcher served on 3/28/2023, answer due 4/18/2023. (tmc) Related: [-]
Thursday, March 16, 2023
7		7 service Summons Issued Thu 03/16 2:29 PM THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Berlan, Scott Finkbeiner, Fred Phillips, Pilcher 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) Related: [-]
6		6 1 pgs order Order Directing Service Thu 03/16 1:36 PM ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Officer Berlan, Sheriff Scott Finkbeiner, Jail Administrator Fred Phillips, Officer Pilcher and granting 21 days to answer. Signed by Honorable Barry A Bryant on March 16, 2023. (cc: U.S. Marshals Service-Certified).(bjb) Related: [-]
5		5 notice Magistrate Notice/Consent Form Thu 03/16 10:36 AM Magistrate Notice/Consent Form (tmc) Related: [-]
4		4 misc Clerk's Order PLRA Fee Thu 03/16 10:34 AM CLERK'S ORDER re PLRA Fee directing Hot Spring County Jail 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: Hot Spring County Jail). (tmc) Related: [-]
3		3 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis (42:1983) Thu 03/16 10:05 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 Mark E. Ford on March 16, 2023. (tmc) Related: [-]
2		2 motion Proceed In Forma Pauperis (42:1983) Thu 03/16 10:01 AM MOTION for Leave to Proceed in forma pauperis (42:1983) by Michael Tyrone Joseph Joyce. Motions referred to Barry A Bryant.(tmc) Related: [-]
1		1 cmp Complaint Referred (42:1983) Thu 03/16 9:58 AM COMPLAINT REFERRED (42:1983) against Berlan, Scott Finkbeiner, Fred Phillips, Pilcher, filed by Michael Tyrone Joseph Joyce.(tmc) Related: [-]

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