Hopkins v. Higgins et al
| Arkansas Eastern District Court | |
| Judge: | James M Moody Jr |
| Referred: | Benecia B Moore |
| Case #: | 4:23-cv-00905 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Sep 29, 2023 |
Defendant
Denise Atwood
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Defendant
Eric S Higgins
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Defendant
George Belt
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Plaintiff
James Lewis Hopkins
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GPO
Aug 29 2024
ORDER approving and adopting 29 Partial Recommended Disposition as this Court's findings in its entirety; granting 18 Defendants' Motion for Partial Summary Judgment; and dimissing, without prejudice, Plaintiff James Lewis Hopkins's conditions-of-confinement claims against all Defendants. Signed by Judge James M. Moody Jr. on 08/29/2024. (llg) |
| Docket last updated: 05/09/2025 11:59 PM CDT |
| Monday, March 31, 2025 | ||
| 46 | 46
respm
Response to Motion
Mon 03/31 11:13 AM
RESPONSE to42 Motion for Partial Summary Judgment, filed by James Lewis Hopkins. (ajj) |
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| Friday, March 21, 2025 | ||
| 45 | 45
2
pgs
order
Order
Fri 03/21 4:06 PM
ORDER: Plaintiff has until and including 4/21/2025, to file a Response to42 Defendants' Motion for Partial Summary Judgment and a separate Statement of Disputed Facts. Signed by Magistrate Judge Benecia B. Moore on 3/21/2025. (kdr) |
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| Thursday, March 20, 2025 | ||
| 44 | 44
misc
Statement of Facts (Local Rule 56.1)
Thu 03/20 1:26 PM
STATEMENT OF FACTS (Local Rule 56.1) re42 Motion for Partial Summary Judgment filed by Denise Atwood, George Belt, Eric S Higgins.(Dugger, Melissa) |
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Att: 1
Exhibit No. A - Affidavit of Sgt. Hill,
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Att: 2
Exhibit No. A1 - Arrest & Booking,
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Att: 3
Exhibit A2 - Requests & Grievances,
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Att: 4
Exhibit No. A4 - Incident Reports,
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Att: 5
Exhibit No. B - Affidavit of Sheriff Higgins,
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Att: 6
Exhibit No. C - Affidavit of Atwood,
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Att: 7
Exhibit No. D - Plaintiff's Answers to Interrogatories
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| 43 | 43
brief
Brief in Support
Thu 03/20 1:22 PM
BRIEF IN SUPPORT re42 Motion for Partial Summary Judgment filed by Denise Atwood, George Belt, Eric S Higgins. (Dugger, Melissa) |
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| 42 | 42
motion
Partial Summary Judgment
Thu 03/20 1:21 PM
MOTION for Partial Summary Judgment by Denise Atwood, George Belt, Eric S Higgins (Dugger, Melissa) |
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| Friday, February 28, 2025 | ||
| 41 | 41
respm
Response in Opposition to Motion
Fri 02/28 2:04 PM
RESPONSE in Opposition re39 Motion for Extension of Time, filed by James Lewis Hopkins. (ajj) |
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| Monday, February 24, 2025 | ||
| 40 | 40
order
Order on Motion for Extension of Time to File
Mon 02/24 11:50 AM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part Defendants'39 Motion for Extension of Time to File Motion for Summary Judgment. Defendants' motion for summary judgment is now due on or before Friday, March 28, 2025. Signed by Magistrate Judge Benecia B. Moore on 2/24/2025. (kdr) |
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| Friday, February 21, 2025 | ||
| 39 | 39
motion
Extension of Time to File Document
Fri 02/21 9:42 AM
MOTION for Extension of Time to File Motion for Summary Judgment by Eric S Higgins, Denise Atwood, George Belt (Dugger, Melissa) |
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| Tuesday, February 04, 2025 | ||
| 38 | 38
order
Order on Motion to Compel
Tue 02/04 12:27 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's Motion to Compel34 . Defendants responded to Plaintiff's Interrogatories and Requests for Production on December 19, 202435 -1. Signed by Magistrate Judge Benecia B. Moore on 2/4/2025. (kdr) |
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| Monday, January 27, 2025 | ||
| 37 | 37
notice
Notice of Change of Address
Tue 01/28 9:08 AM
NOTICE of Change of Address by James Lewis Hopkins. (ldb) |
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| Tuesday, January 14, 2025 | ||
| 36 | 36
discov
Answer to Interrogatories
Tue 01/14 11:27 AM
ANSWER to Interrogatories by James Lewis Hopkins. (ajj) |
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| Wednesday, January 08, 2025 | ||
| 35 | 35
respm
Response in Opposition to Motion
Wed 01/08 1:41 PM
RESPONSE in Opposition re34 MOTION to Compel filed by Eric S Higgins, Denise Atwood, George Belt.(Dugger, Melissa) |
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Att: 1
Exhibit No. A - Response to Discovery
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| Friday, January 03, 2025 | ||
| 34 | 34
motion
Compel
Fri 01/03 11:53 AM
MOTION to Compel by James Lewis Hopkins. (ajj) |
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| Monday, November 25, 2024 | ||
| 33 | 33
order
Order
Mon 11/25 4:01 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER regarding Plaintiff's32 Request for Production of Documents. Plaintiff is reminded that discovery requests should be sent directly to Defendants' counsel, not filed with the Court. (Doc.3 at 2). Signed by Magistrate Judge Benecia B. Moore on 11/25/2024. (kdr) |
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| Wednesday, November 20, 2024 | ||
| 32 | 32
discov
Request for Production of Documents
Wed 11/20 3:07 PM
REQUEST for Production of Documents by James Lewis Hopkins. (ajj) |
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| Friday, August 30, 2024 | ||
| 31 | 31
order
Scheduling Order
Fri 08/30 12:01 PM
SCHEDULING ORDER: The parties must complete discovery on or before 1/27/2025, and file any dispositive motion on the merits on or before 2/26/2025. Defendants are granted leave to depose Plaintiff if they so choose. Signed by Magistrate Judge Benecia B. Moore on 8/30/2024. (kdr) |
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| Thursday, August 29, 2024 | ||
| 30 | 30
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pgs
order
Order Adopting Report and Recommendations Order on Motion for Summary Judgment Order on Partial Report and Recommendations
Thu 08/29 12:37 PM
ORDER approving and adopting29 Partial Recommended Disposition as this Court's findings in its entirety; granting18 Defendants' Motion for Partial Summary Judgment; and dimissing, without prejudice, Plaintiff James Lewis Hopkins's conditions-of-confinement claims against all Defendants. Signed by Judge James M. Moody Jr. on 08/29/2024. (llg) |
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| Friday, August 09, 2024 | ||
| 29 | 29
motion
Partial Report and Recommendations
Fri 08/09 4:12 PM
PARTIAL RECOMMENDED DISPOSITION recommending that18 Defendants' Motion for Partial Summary Judgment be granted; and Hopkins's conditions-of-confinement claims against all Defendants be dismissed, without prejudice, for failure to exhaust administrative remedies. Objections due within 14 days of the date of this Recommendation. Signed by Magistrate Judge Benecia B. Moore on 8/9/2024. (kdr) |
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| Wednesday, July 10, 2024 | ||
| 28 | 28
notice
Notice of Change of Address
Wed 07/10 4:25 PM
NOTICE of Change of Address by James Lewis Hopkins. (ldb) |
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| Tuesday, June 18, 2024 | ||
| 27 | 27
3
pgs
order
Order
Tue 06/18 5:10 PM
ORDER directing Plaintiff James Lewis Hopkins to file, on or before Monday, 7/8/2024, a response to Defendants' Reply Affidavits (Docs.25 -1,25 -2. Signed by Magistrate Judge Benecia B. Moore on 6/18/2024. (kdr) |
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| Thursday, May 30, 2024 | ||
| 26 | 26
notice
Notice of Change of Address
Thu 05/30 4:00 PM
NOTICE of Change of Address by James Lewis Hopkins. (jak) |
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| Thursday, February 22, 2024 | ||
| 25 | 25
respm
Reply to Response to Motion
Thu 02/22 12:39 PM
REPLY to Response to Motion re18 MOTION for Summary Judgment (Motion for Partial Summary Judgment for Failure to Exhaust Administrative Remedies) filed by Denise Atwood, George Belt, Eric S Higgins.(Dugger, Melissa) |
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Att: 1
Exhibit No. A - Affidavit of Sgt. Hill,
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Att: 2
Exhibit No. B - Affidavit of Belt
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| Thursday, February 15, 2024 | ||
| 24 | 24
misc
Response to Statement of Facts
Thu 02/15 11:43 AM
RESPONSE to20 Statement of Facts (Local Rule 56.1), filed by James Lewis Hopkins. (llg) |
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| 23 | 23
respm
Response to Motion
Thu 02/15 11:38 AM
RESPONSE to18 MOTION for Summary Judgment (Motion for Partial Summary Judgment for Failure to Exhaust Administrative Remedies) filed by James Lewis Hopkins. (llg) |
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| Monday, February 05, 2024 | ||
| 22 | 22
utility
Notice of Docket Correction
Mon 02/05 3:15 PM
NOTICE OF DOCKET CORRECTION re17 Request for Production of Documents. CORRECTION: The original document was attached in error (illegible pages) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry17 and is attached hereto for review by the parties. (jak) |
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| Thursday, January 25, 2024 | ||
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utility
Notice of Docket Correction
Thu 01/25 1:43 PM
NOTICE OF DOCKET CORRECTION re21 Order. CORRECTION: The docket text was modified to correct the deadline to file a response to the defendants' motion for summary judgment as 2/19/2024 as marked on the Order. (jak) |
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| Wednesday, January 24, 2024 | ||
| 21 | 21
2
pgs
order
Order
Wed 01/24 10:35 AM
ORDER allowing Plaintiff until and including 2/16/2024, to file a Response to18 Defendants' Motion for Summary Judgment and a separate Statement of Disputed Facts. Signed by Magistrate Judge Benecia B. Moore on 1/24/2024. (kdr) |
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| Friday, January 19, 2024 | ||
| 20 | 20
misc
Statement of Facts (Local Rule 56.1)
Fri 01/19 9:54 AM
STATEMENT OF FACTS (Local Rule 56.1) re18 Motion for Summary Judgment (Motion for Partial Summary Judgment for Failure to Exhaust Administrative Remedies) filed by Denise Atwood, George Belt, Eric S Higgins.(Dugger, Melissa) |
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Att: 1
Exhibit No. A - Affidavit of Sgt. Hill,
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Att: 2
Exhibit No. A1 - Arrest & Booking Information,
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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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| 19 | 19
brief
Brief in Support
Fri 01/19 9:52 AM
BRIEF IN SUPPORT re18 Motion for Summary Judgment (Partial Motion for Summary Judgment for Failure to Exhaust Administrative Remedies) filed by Denise Atwood, George Belt, Eric S Higgins. (Dugger, Melissa) |
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| 18 | 18
motion
Summary Judgment
Fri 01/19 9:50 AM
MOTION for Summary Judgment (Motion for Partial Summary Judgment for Failure to Exhaust Administrative Remedies) by Denise Atwood, George Belt, Eric S Higgins (Dugger, Melissa) |
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| Friday, January 05, 2024 | ||
| 17 | 17
discov
Request for Production of Documents
Fri 01/05 1:22 PM
REQUEST for Production of Documents and Interrogatories by James Lewis Hopkins.(csf) |
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| Tuesday, December 26, 2023 | ||
| 16 | 16
service
Summons Returned Executed
Tue 12/26 3:46 PM
SUMMONS Returned Executed. George Belt served on 12/7/2023. (ajj) |
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| 15 | 15
service
Summons Returned Executed
Tue 12/26 3:44 PM
SUMMONS Returned Executed. Denise Atwood served on 12/7/2023. (ajj) |
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| 14 | 14
service
Summons Returned Executed
Tue 12/26 3:43 PM
SUMMONS Returned Executed. Eric S Higgins served on 12/7/2023. (ajj) |
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| Friday, December 22, 2023 | ||
| 13 | 13
order
Scheduling Order
Fri 12/22 9:57 AM
SCHEDULING ORDER: If Defendants intend to raise a defense that Plaintiff failed to exhaust his available administrative remedies, they must raise that issue in a motion for summary judgment filed on or before 1/22/2024. Discovery that is not related to the issue of exhaustion is stayed until further order from the Court. The Clerk of the Court is directed to update the docket sheet to reflect the correct spelling of Defendant Atwood's name as provided in her Answer. Signed by Magistrate Judge Benecia B. Moore on 12/22/2023. (kdr) (Docket text modified on 12/22/2023 to correct a typographical error)(jak) |
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| Thursday, December 21, 2023 | ||
| 12 | 12
notice
Consent Notice
Thu 12/21 11:14 AM
NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (kdr) |
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| 11 | 11
answer
Answer to Complaint
Thu 12/21 9:20 AM
ANSWER to2 Complaint with Jury Demand by Dinese Atwood, George Belt, Eric S Higgins.(Dugger, Melissa) |
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| 10 | 10
notice
Notice of Appearance
Thu 12/21 9:15 AM
NOTICE of Appearance by Melissa Dugger on behalf of Dinese Atwood, George Belt, Eric S Higgins (Dugger, Melissa) |
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| Friday, December 08, 2023 | ||
| 9 | 9
order
Order on Motion to Appoint Counsel
Fri 12/08 4:04 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Plaintiff's Motion to Appoint Counsel8 is DENIED. A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action, but the Court may appoint counsel at its discretion. 28 U.S.C. § 1915(e)(1). The Court has considered plaintiff's need for an attorney, the likelihood that plaintiff will benefit from assistance of counsel, the factual complexity of the case, the plaintiff's ability to investigate and present his case, and the complexity of the legal issues. In considering these factors, the Court finds that plaintiff's claims do not appear legally or factually complex, and it appears he is capable of prosecuting his claims without appointed counsel at this time. Signed by Magistrate Judge Benecia B. Moore on 12/8/2023. (kdr) |
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| Friday, December 01, 2023 | ||
| 8 | 8
motion
Appoint Counsel
Fri 12/01 2:01 PM
MOTION to Appoint Counsel by James Lewis Hopkins. (ldb) |
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| Thursday, November 16, 2023 | ||
| 7 | 7
2
pgs
order
Order
Thu 11/16 11:20 AM
ORDER directing the Clerk to prepare a summons for the following Defendants: Eric S. Higgins, Dinese Atwood, and George Belt; directing the USMS to serve the summons,2 Complaint, and this Order on each of the Defendants at the Pulaski County Regional Detention Facility without prepayment of fees and costs. Signed by Magistrate Judge Benecia B. Moore on 11/16/2023. (kdr) |
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service
Summons Issued
Thu 11/16 2:39 PM
Summons Issued as to All Defendants and forwarded to U.S. Marshal for service. (ldb) |
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| Tuesday, November 14, 2023 | ||
| 6 | 6
1
pgs
order
Order ~Util - Terminate Motions
Tue 11/14 3:30 PM
ORDER adopting4 Recommendation as this Court's findings in its entirety; allowing Hopkins to proceed with his due process claims against all Defendants; and dismissing Hopkins's retaliation, false disciplinary, access to the courts,Sixth Amendment right to counsel, freedom of association, and official capacity claims. Signed by Judge James M. Moody Jr. on 11/14/2023. (jbh) |
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| Thursday, November 02, 2023 | ||
| 5 | 5
misc
Notice of Reassignment
Thu 11/02 12:28 PM
NOTICE OF REASSIGNMENT. The Clerk's office has reassigned the referral of this case to Magistrate Judge Benecia B. Moore. Signed at the direction of the Court on 11/2/2023.(jak) |
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| Tuesday, October 24, 2023 | ||
| 4 | 4
motion
Partial Report and Recommendations
Tue 10/24 1:16 PM
PARTIAL RECOMMENDED DISPOSITION recommending Hopkins be allowed to proceed with his due process claims against all Defendants; and Hopkins's retaliation, false disciplinary, access to the courts, Sixth Amendment right to counsel, freedom of association, and official capacity claims be dismissed. Objections due within 14 days of the date of this Recommendation. Signed by Magistrate Judge J. Thomas Ray on 10/24/2023. (llg) |
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| Tuesday, October 03, 2023 | ||
| 3 | 3
3
pgs
order
Order Directing Prisoner Payment
Tue 10/03 3:49 PM
INITIAL ORDER FOR PRO SE PRISONERS granting1 Plaintiff's IFP Motion; directing monthly payments be collected from Plaintiff's institutional account, until a total of $350 has been paid to the Clerk of Court; and directing the Clerk to send a copy of this Order to the Jail Administrator for Pulaski County Detention Facility. Signed by Magistrate Judge J. Thomas Ray on 10/3/2023. (kdr) |
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| Friday, September 29, 2023 | ||
| 2 | 2
cmp
Complaint
Fri 09/29 3:33 PM
COMPLAINT with Jury Demand against All Defendants, filed by James Lewis Hopkins. (ldb) |
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| 1 | 1
motion
Proceed In Forma Pauperis
Fri 09/29 3:31 PM
MOTION for Leave to Proceed in forma pauperis by James Lewis Hopkins. (ldb) |
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