Boals v. Hubbard et al
| Taylor Boals |
| Connie Hubbard, Christopher Budnilk, Tasha Griffen and William Freeman |
| 2:2023cv00244 |
| December 20, 2023 |
| US District Court for the Eastern District of Arkansas |
| Brian S Miller |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.
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Filing 19
ORDER adopting #7 partial recommended disposition; allowing Taylor Boals to proceed with his Eighth Amendment inadequate medical care claim and pendent state law medical malpractice claim against Connie Hubbard; dismissing without prejudice all claims against defendants Christopher Budnilk, Tasha Griffen, and William Freeman; and certifying that an in forma pauperis appeal from this order would not be taken in good faith. Signed by Judge Brian S. Miller on 2/12/2024. (ljb)
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Filing 18
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for trial and for order #16 . Plaintiff seeks a trial date. but his motion is premature. The time has not run for discovery and dispositive motions. Should Plaintiff's case make it past summary judgment, a trial date will be scheduled. Signed by Magistrate Judge Joe J. Volpe on 2/8/2024. (lej)
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| Filing 17 EVIDENCE by Taylor Boals. (csf) |
| Filing 16 MOTION for Trial Date and for Order by Taylor Boals. (csf) |
| Filing 15 INTERROGATORIES Propounded to Defendants by Taylor Boals.(csf) |
| Filing 14 STATEMENT OF FACTS (Local Rule 56.1) re #13 Brief in Support, #12 Motion for Summary Judgment filed by Connie Hubbard. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B)(Almefty, Kynda) |
| Filing 13 BRIEF IN SUPPORT re #12 Motion for Summary Judgment filed by Connie Hubbard. (Almefty, Kynda) |
| Filing 12 MOTION for Summary Judgment by Connie Hubbard (Almefty, Kynda) |
| NOTICE OF DOCKET CORRECTION re #9 Answer. CORRECTION: The docket text was modified to include reference to the Jury demand as marked on the document. (jak) |
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Filing 11
INITIAL SCHEDULING ORDER: Discovery due by 7/29/2024. Dispositive motions due by 8/29/2024. Dispositive motions on the issue of exhaustion due by 3/29/2024. Signed by Magistrate Judge Joe J. Volpe on 1/29/2024. (lej)
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| Filing 10 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
| Filing 9 ANSWER to #5 Amended Complaint with Jury demand by Connie Hubbard.(Almefty, Kynda)(Docket text modified on 1/30/2024 to include reference to the Jury demand)(jak) |
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Filing 8
ORDER that the Clerk shall prepare summons and the USMS shall serve Defendant Hubbard without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Joe J. Volpe on 1/25/2024. (lej)
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| Summons Issued as to Connie Hubbard and forwarded to the U.S. Marshal for service. (jbh) |
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Filing 7
PARTIAL RECOMMENDED DISPOSITION that Plaintiff be allowed to proceed with his Eighth Amendment inadequate medical care claim and pendent state law medical malpractice claim against Defendant Hubbard. Defendants Budnik, Griffen, and Freeman be dismissed without prejudice because Plaintiff has not pled any plausible claims against them. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting this recommendation would not be taken in good faith. Objections due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 1/24/2024. (lej)
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Filing 6
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying as moot Plaintiff's second motion to proceed in forma pauperis because the Court has already granted him permission to do so #4 . (Doc. 3.) Signed by Magistrate Judge Joe J. Volpe on 1/24/2024. (lej)
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| Filing 5 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Taylor Boals. (llg) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Taylor Boals. (llg) |
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Filing 3
ORDER granting Plaintiff's IFP Application #1 . The Clerk shall mail a copy of this order to the Delta Regional Unit Warden, ADC Trust Bank and ADC Compliance Office. Service is not appropriate at this time. The Clerk shall mail a 42 U.S.C. 1983 complaint form (but not an IFP Application) to Plaintiff with a copy of this order. If Plaintiff wishes to amend the complaint, he must complete the new complaint form in its entirety in accordance with this order, label it an "Amended Complaint," and file it within 30 days of the date of this order. Plaintiff's complaint, as it now stands, is deficient and may be dismissed after 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 1/4/2024. (lej)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Taylor Boals.(csf) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Taylor Boals. (csf) |
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