Fitzgerald v. Busby et al
| Nathaniel L Fitzgerald |
| Richard Dick Busby, Teresa Bonner, Zane Boyd, David Boyken, John Dexter, Beasley, Schroder and Jane Does |
| 3:2009cv00154 |
| September 4, 2009 |
| US District Court for the Eastern District of Arkansas |
| Jonesboro Office |
| Crittenden |
| J. Leon Holmes |
| Henry L. Jones |
| None |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
167
ORDER that the Court construes Nathan Fitzgerald's most recent filings, Documents No. 165 & 166 , as a second motion to reconsider its 3/10/2011 Order & Judgment & denies it. Signed by Judge D. P. Marshall Jr. on 3/29/2011. (jct)
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Filing
163
ORDER reflecting the Court construes 161 MOTION for Reconsideration of Order & Judgment and 162 Notice as a collective motion to reconsider its Order & Judgment entered March 10, 2011, and denies it. Signed by Judge D. P. Marshall Jr. on 3/21/2011. (jct)
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Filing
159
JUDGMENT in favor of Defendants & against Plaintiff Nathaniel Fitzgerald, pursuant to 158 Order entered this date. Fitzgerald's complaint is dismissed with prejudice. Signed by Judge D. P. Marshall Jr. on 3/10/2011. (jct)
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Filing
154
ORDER ADOPTING 127 PARTIAL REPORT AND RECOMMENDATIONS of Magistrate Judge Joe J. Volpe; granting in part & denying in part 118 Defendants' MOTION for Summary Judgment. Fitzgerald may proceed on his conditions-of-confinement claim (while in the booking cell) & his excessive-force claim. All of Fitzgerald's official-capacity claims seeking money damages against any immune Defendants are dismissed with prejudice. The Court also dismisses with prejudice any claim based on Fitzgerald 's allegations that the County had an unconstitutional policy or custom, respondeat superior liability, that Defendants failed to answer grievances, denied him visitation, denied him access to mail, failed to provide an adequate diet, retaliated against him, or were deliberately indifferent to serious medical needs in violation of the Eighth Amendment. Fitzgerald's claim that Defendants unlawfully deprived him of personal property is dismissed without prejudice so he may pursue any ap propriate state-law remedy. Likewise, Fitzgerald's claim that Defendants failed to protect him is dismissed without prejudice because he failed to state a claim. Finally, Jane Doe (identified as Nurse Lindsey) is dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 2/23/2011. (jct)
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Filing
83
ORDER directing that Plaintiff shall have one last opportunity in which to provide a present address on Defendant Boyken within 10 days of the date of this Order. Failure to provide such or obtain service on Defendant Boyken shall result in his dismissal from Plaintiff's complaint. Signed by Magistrate Judge Henry L. Jones, Jr on 3/16/2010. (jct)
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Filing
80
ORDER ADOPTING 74 PARTIAL REPORT AND RECOMMENDATIONS of U.S. Magistrate Judge Henry L. Jones, Jr. in their entirety as this Court's findings. IT IS, THEREFORE, ORDERED that 52 Plaintiff's MOTION for Preliminary Injunction is hereby DENIED. Signed by Chief Judge J. Leon Holmes on 2/16/2010. (jct)
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Filing
67
ORDER directing the Clerk to prepare summons for the defendant David Boyken, & the U.S. Marshal is hereby directed to serve a copy of the summons, Complaint & Amended Complaint on the defendant, without prepayment of fees & costs or security therefore. Signed by Magistrate Judge Henry L. Jones, Jr on 1/14/2010. (jct)
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Filing
49
ORDER, pursuant to 46 Summons Returned Unexecuted on Defendant Boykin, Defendants are directed to provide the Court with Defendant Boykin's last-known address within 10 days of the date of this Order. In addition, the Court construes 42 & 47 Plaintiff's MOTIONS for Order as motions for preliminary injunctive relief. Defendants shall file a response to these motions w/i 10 days of the date of this Order. Signed by Magistrate Judge Henry L. Jones, Jr on 12/23/09. (jct)
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Filing
26
ORDER ADOPTING PARTIAL REPORT AND RECOMMENDATIONS 14 in their entirety. IT IS, THEREFORE, ORDERED that Defendants Zane Boyd and Richard Busby are hereby DISMISSED from Plaintiff's Complaint. Signed by Chief Judge J. Leon Holmes on 11/16/09. (jct)
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Filing
16
ORDER, re 2 Complaint, 8 Amended Complaint, 11 Second Amended Complaint & 12 Addendum to Second Amended Complaint, directing Clerk to issue Summons on Defendants Teresa Bonner, David Boyken, John Dexter, Supervisor Beasley, Dr. Schroder & "Nurse Mandy". Further, the U.S. Marshal is directed to serve the documents upon the named Defendants without prepayment of fees & costs or security therefore. Signed by Magistrate Judge Henry L. Jones, Jr on 10/27/09. (jct)
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