Stearns v. Inmate Services Corporation et al
Plaintiff: Danzel Stearns
Defendant: Inmate Services Corporation and Does
Case Number: 3:2016cv00339
Filed: December 5, 2016
Court: US District Court for the Eastern District of Arkansas
Office: Jonesboro Office
County: Out of State
Presiding Judge: Joe J. Volpe
Presiding Judge: Billy Roy Wilson
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
August 3, 2021 Opinion or Order Filing 210 ORDER granting 206 Motion for Partial Summary Judgment. Plaintiff's claims under the Bane Civil Rights Act Cal. Civ. Code § 52.1 are dismissed. The parties should "meet and confer" telephonically or via email to avoid filing unnecessary motions. Signed by Judge Billy Roy Wilson on 8/3/2021. (jak)
June 29, 2021 Opinion or Order Filing 197 ORDER adopting 194 partial recommended disposition in all respects. 180 Motion for Judgment on the pleadings or in the alternative for summary judgment is granted. Defendants Cagle, Weiss, and Moore are dismissed with prejudice from this lawsuit. Signed by Judge Billy Roy Wilson on 6/29/2021. (jak)
January 7, 2021 Opinion or Order Filing 172 ORDER granting 167 motion for judgment on the pleadings and the Doe Defendants are dismissed without prejudice in 3:16-cv-339 BRW/JJV. The Doe defendants remain in 3:19-cv-100 KGB/JTR and 3:19-cv-121 KGB/BD. Plaintiff's 169 motion for leave to amend the complaint is denied. The Consolidated Second Amended Class Action Complaint 120 is stricken from the record. Plaintiff has 14 days from the date of this Order to file a second amended complaint that includes only his remaining individu al claims in 3:16-cv-339 BRW/JJV. The 116 consolidation order is modified to clarify that motions and pleadings bearing all three case numbers may be filed in this case as to discovery matters only. All other motions and pleadings must be filed, and labeled according in either 3:16-cv-339 BRW/JJV, or 3:19-cv-100 KGB/JTR lead and 3:19-cv-121 KGB/BD. Signed by Judge Billy Roy Wilson on 1/7/2021. (jak)
December 7, 2020 Opinion or Order Filing 165 ORDER adopting and approving the 153 partial recommended disposition in all respects. Denying 138 Motion for Class Certification as to 3:16-cv-00339-BRW-JJV and dismissing 138 Motion as premature as to 3:19-CV-00100-KGB-JTR and 3:19-CV-00121-KGB-BD. Signed by Judge Billy Roy Wilson on 12/7/2020. (jbh) (Docket text modified on 12/7/2020 to correct the linkage) (jak)
July 21, 2020 Opinion or Order Filing 116 ORDER granting in part and denying in part 112 Motion to Consolidate Cases. 3:19-CV-00100-KGB and 3:19-CV-00121-KGB are consolidated with this case, 3:16-CV-00339-BRW. All parties are directed to make future filings only in this case. Plaintiff� 39;s request for leave "to amend the complaint in order to reflect his change in status and... to remove any limitations that may be imposed by the PLRA" was embedded in his motion to consolidate, and is denied without prejudice. Defendants ' 113 Motion to Dismiss John Does 1 though 100 is denied without prejudice and should be filed as a stand-alone motion. All parties are directed to read the Eastern District of Arkansas Local Rules, so as to avoid repeating these issues with i mproper filings. If Plaintiff still intends to amend his complaint, he must file the appropriate motion consistent with Local Rule 5.5(e) by 5 p.m., Tuesday, 7/28/2020. I am inclined to set a class certification deadline of Friday, 9/18/2020, with a response due two weeks later. By the same deadline as above, the parties can file short - no more than three pages - memorandums regarding their positions on this issue. Signed by Judge Billy Roy Wilson on 7/21/2020. (jbh)
December 4, 2018 Opinion or Order Filing 92 JUDGMENT: Based on the 91 order entered 11/28/2018, this case is dismissed. Signed by Judge Billy Roy Wilson on 12/4/2018. (jak)
November 28, 2018 Opinion or Order Filing 91 ORDER adopting 85 Proposed Findings and Recommended Disposition in all respects. 70 Motion for summary judgment is granted in part and denied in part. Plaintiff's 1983 claims against Defendants ISC and Does dismissed with prejudice; All rema ining state law claims are dismissed without prejudice. 50 Motion for class certification is denied as moot. Consolidation with 3:18-cv-00015 BRW is terminated and the two cases are severed. 80 and 89 Motions should now be pending in case 3:18-cv-00015 BRW. Signed by Judge Billy Roy Wilson on 11/28/2018. (jak)
August 4, 2017 Opinion or Order Filing 29 ORDER adopting 28 Proposed Findings and Partial Recommended Disposition in their entirety. Accordingly 18 Motion for Summary Judgment for Failure to Exhaust is denied. Signed by Judge Billy Roy Wilson on 8/4/2017. (jak)
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Defendant: Inmate Services Corporation
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Defendant: Does
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Plaintiff: Danzel Stearns
Represented By: Paul H. Masuhara
Represented By: Mark E. Merin
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