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 |
| Terminated: | Mar 31, 2025 |
Defendant
Berlan
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Defendant
Fred Phillips
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Defendant
Pilcher
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Defendant
Scott Finkbeiner
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Plaintiff
Michael Tyrone Joseph Joyce
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GPO
Oct 10 2024
REPORT AND RECOMMENDATIONS re 1 Complaint (42:1983) filed by Michael Tyrone Joseph Joyce. Objections to R&R due by 10/28/2024. Signed by Honorable Barry A Bryant on October 10, 2024. (tmc) |
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GPO
Mar 31 2025
ORDER ADOPTING in toto 27 REPORT AND RECOMMENDATIONS. Further, granting 17 Motion for Summary Judgment. Plaintiff's 1 Complaint (42:1983) is hereby DISMISSED WITH PREJUDCIE. Signed by Honorable Susan O. Hickey on March 31, 2025. (mjm) |
| Docket last updated: 2 hours ago |
| Wednesday, April 30, 2025 | ||
| 39 | 39
appeal
USCA Order Requesting Record
Wed 04/30 1:50 PM
ORDER of USCA requesting any portions of the original record which are not available in an electronic format through PACER be submitted within 10 days. There are no documents to send. (src) |
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| 38 | 38
appeal
USCA Case Number
Wed 04/30 1:44 PM
USCA Case Number 25-1859 8USCA for32 Notice of Appeal filed by Michael Tyrone Joseph Joyce. (src) |
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appeal
Notice to USCA of Subsequent Case Activity
Wed 04/30 1:47 PM
TEXT ONLY NOTICE TO USCA of subsequent case activity re USCA No. 25-1859 Related entry(s): 35 Order granting Motion for Leave to Appeal in forma pauperis. (src) |
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| Tuesday, April 29, 2025 | ||
| 37 | 37
appeal
NOA Supplement Form
Tue 04/29 8:59 AM
NOA SUPPLEMENT FORM re32 Notice of Appeal filed by Michael Tyrone Joseph Joyce. (ria) |
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| Monday, April 28, 2025 | ||
| 36 | 36
misc
Clerk's Order PLRA Fee
Mon 04/28 9:18 AM
CLERK'S ORDER re PLRA Fee directing ADC - Grimes Unit to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $605.00 filing fee is paid in full (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; ADC - Grimes Unit). (mjm) |
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| 35 | 35
order
Order on Motion for Leave to Appeal In Forma Pauperis
Mon 04/28 8:52 AM
TEXT ONLY ORDER granting33 Motion for Leave to Appeal in forma pauperis. The Clerk is DIRECTED to collect the appellate filing fee pursuant to the PLRA. Signed by Honorable Barry A Bryant on April 28, 2025. (klk) |
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| Friday, April 25, 2025 | ||
| 34 | 34
utility
Motions Referred
Fri 04/25 12:55 PM
MOTIONS REFERRED to Honorable Barry A. Bryant:33 MOTION for Leave to Appeal in forma pauperis filed by Michael Tyrone Joseph Joyce. Motions referred to Honorable Barry A Bryant.(ria) |
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| 33 | 33
motion
Appeal In Forma Pauperis
Fri 04/25 12:53 PM
MOTION for Leave to Appeal in forma pauperis by Michael Tyrone Joseph Joyce. (ria) |
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| 32 | 32
appeal
Notice of Appeal
Fri 04/25 12:51 PM
NOTICE OF APPEAL as to31 Order Adopting Report and Recommendations by Michael Tyrone Joseph Joyce.(ria) |
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Att: 1
Attachment 1
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| Monday, March 31, 2025 | ||
| 31 | 31
2
pgs
order
Order Adopting Report and Recommendations Order on Motion for Summary Judgment Order on Report and Recommendations
Mon 03/31 8:25 AM
ORDER ADOPTING in toto27 REPORT AND RECOMMENDATIONS. Further, granting17 Motion for Summary Judgment. Plaintiff's1 Complaint (42:1983) is hereby DISMISSED WITH PREJUDCIE. Signed by Honorable Susan O. Hickey on March 31, 2025. (mjm) |
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| Monday, March 24, 2025 | ||
| 30 | 30
notice
Notice of Change of Address
Mon 03/24 1:18 PM
NOTICE of Change of Address for Micheal Joyce. There are no documents to resend. (bjb) |
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| Monday, February 24, 2025 | ||
| 29 | 29
notice
Notice of Change of Address
Mon 02/24 10:58 AM
NOTICE of Change of Address for Michael Joyce. There are no documents to resend. (ria) |
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| Friday, November 01, 2024 | ||
| 28 | 28
respoth
Objection to Report and Recommendations
Fri 11/01 12:05 PM
OBJECTION to27 Report and Recommendations by Michael Tyrone Joseph Joyce. (ria) |
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| Thursday, October 10, 2024 | ||
| 27 | 27
motion
Report and Recommendations
Thu 10/10 4:42 PM
REPORT AND RECOMMENDATIONS re1 Complaint (42:1983) filed by Michael Tyrone Joseph Joyce. Objections to R&R due by 10/28/2024. Signed by Honorable Barry A Bryant on October 10, 2024. (tmc) |
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| Thursday, May 09, 2024 | ||
| 26 | 26
order
Order on Motion for Miscellaneous Relief
Thu 05/09 1:50 PM
TEXT ONLY ORDER denying25 Motion for Subpoena as UNTIMELY. The discovery deadline for this case was 2/7/2024. Signed by Honorable Barry A Bryant on May 9, 2024. (klk) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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Att: 1
Exhibit No. A - Affidavit of Phillips,
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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. A3 - Jail Medical File,
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Att: 5
Exhibit No. A4 - Policies & Procedures,
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Att: 6
Exhibit No. B - Plaintiff's Deposition,
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Att: 7
Exhibit No. C - Affidavit of Finkbeiner,
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Att: 8
Exhibit No. D - Affidavit of Berlan
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| 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) |
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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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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| 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) |
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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) |
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notice
Magistrate Notice/Consent Form
Thu 03/16 10:36 AM
Magistrate Notice/Consent Form (tmc) |
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| 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) |
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| 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) |
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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) |
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| 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) |
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