Tatum v. Mitchell et al
| Antwan Tatum |
| Mitchell, Phillip, Brooks and Humphrey |
| 2:2013cv00151 |
| November 12, 2013 |
| US District Court for the Eastern District of Arkansas |
| Helena Office |
| Hot Spring |
| D. P. Marshall |
| J. Thomas Ray |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
235
ORDER allowing in full 233 Appointed counsel's reimbursement request. The Court directs the Clerk to reimburse counsel from the Library Fund and to put a copy of this Order and No. 233 in the Library Fund file. 234 Motion to be relieved granted. Signed by Judge D. P. Marshall Jr. on 10/8/2018. (jak)
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Filing
232
JUDGMENT: Tatum's claims against Mitchell and Brooks are dismissed without prejudice. His claims against Phillip and Humphrey are dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 9/14/2018. (jak)
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Filing
205
ORDER granting 204 Motion. The Court lifts the stay and sets this case for a jury trial on 2/26/2018 at 9:30 a.m. An amended Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 11/13/2017. (jak)
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Filing
203
ORDER: Joint Report, No. 202 , noted and appreciated. Joint motion to lift the stay and either dismiss or set a trial date due by 11/17/2017. Signed by Judge D. P. Marshall Jr. on 10/26/2017. (jak)
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Filing
192
ORDER appointing Mary Tipton Thalheimer to represent Tatum nunc pro tunc 7/28/2015 as when she appeared. The case is stayed and the Court directs the Clerk to administratively terminate it. The 161 Final Scheduling Order is suspended and the 10/11/2016 trial is canceled. The parties must submit a joint report on competency by 2/6/2017. Motions 176 and 178 are denied without prejudice as moot. Signed by Judge D. P. Marshall Jr. on 9/22/2016. (jak)
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Filing
184
ORDER granting 183 Motion. Disclosures due by 9/15/2016. Jury instructions and any trial briefs due by 9/20/2016. No responding trial briefs. Signed by Judge D. P. Marshall Jr. on 9/12/2016. (jak)
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Filing
175
ORDER: The Court withdraws the reference. Before the Court can rule on qualified immunity, a jury must decide whether Phillips knew that Mitchell posed a substantial risk to Tatum and if so whether Phillips deliberately disregarded that risk when he opened Tatum's cell for Mitchell. The second motion for summary judgment, 170 is denied. This case is first out for trial on 10/11/2016. The Court eliminates responding trial briefs and adds a request for stipulations on background facts. Please submit any stipulation with proposed jury instructions. The Court will hold a one-hour pretrial on 9/20/2016 at 9:00 a.m. Signed by Judge D. P. Marshall Jr. on 8/30/2016. (jak)
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Filing
157
ORDER: Unopposed recommendation, 156 , adopted. Defendants' motion for summary judgment, 137 , is granted in part and denied in part. Tatum's claims against Humphrey are dismissed with prejudice. Tatum may proceed with his failure-to-protect claim against Phillips. Tatum's motion for summary judgment, 145 , is denied. Signed by Judge D. P. Marshall Jr. on 6/23/2015. (jak)
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Filing
155
ORDER dismissing without prejudice Tatum's claims against Mitchell and Brooks. Signed by Judge D. P. Marshall Jr. on 4/20/2015. (jak)
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Filing
135
ORDER denying 106 Plaintiff's Motion to Extend Time; denying 110 Plaintiff's Motion for Contempt; denying 113 Plaintiff's Second Motion to Appoint Counsel ; denying 116 Plaintiff's Motion to Amend/Correct; denying 119 Motion for a Subpoena, which is more properly characterized as a Motion for Service; and denying 128 Plaintiff's Sixth Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 10/07/2014. (kcs)
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Filing
105
ORDER granting in part 96 Motion to Compel; denying 101 Motion for Reconsideration. Defendants must comply with the instructions in this Order on or before September 2, 2014. Signed by Magistrate Judge J. Thomas Ray on 8/18/2014. (jak)
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Filing
95
ORDER denying 91 Motion for Reconsideration. Tatum is responsible for providing a valid address for service on Mitchell. Signed by Judge D. P. Marshall Jr. on 7/14/2014. (jak)
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Filing
87
ORDER denying without prejudice 59 and 73 Motions. Tatum has until 25 August 2014 to file a motion for service that contains a valid service address for Mitchell. Tatum's 79 Motion for Extension is granted for good cause. Tatum must file a motion for service containing a valid service address for Defendant Brooks by 25 August 2014. Signed by Judge D. P. Marshall Jr. on 6/30/2014. (jak)
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Filing
55
ORDER that the Defendants must, on or before 5/9/2014, comply with the instruction in this Order regarding the preservation of video recordings and photographs; Plaintiff must file, on or before 6/9/2014, a Motion for Service containing a valid servi ce address for Defendant Brooks; Plaintiff is reminded that if he fails to timely and properly do so, his claims, against Defendant Brooks will be dismissed, without prejudice; 53 MOTION to Take Deposition from Antwan Tatum filed by Michael T Humphrey, Bryant Phillips is granted; and the parties must complete discovery by 8/8/2014 and file any dispositive motions on or before 9/8/2014. Signed by Magistrate Judge J. Thomas Ray on 04/08/2014. (kcs)
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Filing
49
ORDER denying 23 Plaintiff's Motion to Compel; denying 26 Plaintiff's Motion for Service; 38 Plaintiff's Motion for Service; granting 40 Plaintiff's Motion to Extend Time and a new deadline for providing service information for Defendant Mitchell will be imposed in the Initial Scheduling Order; denying 42 Plaintiff's Motion to Appoint Counsel; and denying 45 Plaintiff's Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 03/26/2013. (kcs)
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Filing
21
ORDER TO SHOW CAUSE: Defendant Humphrey's time to file an answer or responsive pleading has expired. The U.S. Marshal is directed to serve a copy of this Order to Show Cause directly upon the person of Defendant Humphrey. Defendant Humphrey must, within 14 days of the service of this Order, file a Response explaining why default judgment should not be entered against him. Signed by Magistrate Judge J. Thomas Ray on 2/19/2014. (ks)
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Filing
15
ORDER directing the Plaintiff to file a Motion for Service containing the first name or initial of Defendant Phillip within ninety days of the entry of this Order. Signed by Magistrate Judge J. Thomas Ray on 01/17/2014. (rhm)
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Filing
5
DOCUMENT FILED IN ERROR - DISREGARD (duplicate of docket entry 3 ). (kcs) (Docket text modified on 11/22/2013.) (thd).
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