Cervantes v. Mississippi County Detention Center et al
| Michael Cervantes |
| Mississippi County Detention Center, Arkansas, State of, Luther Whitfield, Brandon Petty, Ronnie McDermott, Diane Wyles, Peggy Schultz, Catherine Pamela Dean, Wilson and Dale Aubry Cook |
| 3:2017cv00081 |
| April 17, 2017 |
| US District Court for the Eastern District of Arkansas |
| Jonesboro Office |
| Mississippi |
| James M Moody |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on November 4, 2019. A more recent docket listing may be available from PACER.
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| Filing 59 APPELLATE FILING FEE NOTICE to Plaintiff. (jak) |
Filing 58
JUDGMENT pursuant to #57 Order, Judgment is entered dismissing this case without prejudice; the relief sought is denied. The Court certifies that an in forma pauperis appeal is considered frivolous and not in good faith. Signed by Judge James M. Moody Jr. on 11/4/2019. (jak)
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Filing 57
ORDER adopting #56 Proposed Findings and Recommended Disposition in its entirety as this Court's findings in all respects. #50 Motion for summary judgment is denied. #52 Motion for summary judgment is granted. Plaintiff's claims against Defendants Luther Whitfield, Brandon Petty, Ronnie McDermott, and Diane Wyles are dismissed with prejudice. #2 Complaint is dismissed with prejudice. The Court certifies that an in forma pauperis appeal from this Order adopting these Recommendations and accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/4/2019. (jak)
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Filing 56
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff's motion for summary judgment be denied #50 . Defendants' motion for summary judgment be granted #52 . Plaintiff's claims against the Defendants Whitfield, Petty, McDermott, and Wyles be dismissed with prejudice. Plaintiff's complaint be dismissed with prejudice #2 . The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting these recommendations and the accompanying judgment would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 10/16/2019. (lej)
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| Filing 55 RESPONSE in Opposition re #50 MOTION for Summary Judgment filed by Ronnie Mcdermick, Brandon Petty, Luther Whitfield, Diane Wiles. (Jorgensen, Colin) |
| Filing 54 BRIEF IN SUPPORT re #52 Motion for Summary Judgment filed by Ronnie Mcdermick, Brandon Petty, Luther Whitfield, Diane Wiles. (Jorgensen, Colin) |
| Filing 53 STATEMENT OF FACTS (Local Rule 56.1) re #52 Motion for Summary Judgment filed by Ronnie Mcdermick, Brandon Petty, Luther Whitfield, Diane Wiles. (Attachments: #1 Exhibit Case 47OCR-13-36, #2 Exhibit Case 47OCR-16-75, #3 Exhibit Case 38CR-16-229, #4 Exhibit Affidavit of Bo McCollum, #5 Exhibit Deposition of Michael Cervantes)(Jorgensen, Colin) |
| Filing 52 MOTION for Summary Judgment by Ronnie Mcdermick, Brandon Petty, Luther Whitfield, Diane Wiles (Jorgensen, Colin) |
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Filing 51
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel #49 . 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. Signed by Magistrate Judge Joe J. Volpe on 9/19/2019. (lej)
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| Filing 50 MOTION for Summary Judgment by Michael Cervantes. (llg) |
| Filing 49 MOTION to Appoint Counsel by Michael Cervantes. (llg) |
| Filing 48 REQUEST for Production of Documents by Michael Cervantes. (llg) |
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Filing 47
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for discovery #44 . Discovery requests and responses are not to be filed with the Court but, instead, should be sent directly to opposing counsel, along with a certificate of service. See Fed. R. Civ. P. 5(d) (providing that the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: (i) depositions, (ii) interrogatories, (iii) requests for documents or to permit entry upon the land, and (iv) requests for admissions); See also Local Rule 5.5(c)(2)(stating that [a]ny party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of Civil Procedure). Additionally, no hearings are scheduled at this time, so Plaintiff's motion for transport is denied #45 . Defendants' motion to depose Plaintiff is granted #46 . Signed by Magistrate Judge Joe J. Volpe on 8/5/2019. (lej)
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| Filing 46 MOTION to Take Deposition from Michael Cervantes by Ronnie Mcdermick, Brandon Petty, Luther Whitfield, Diane Wiles (Jorgensen, Colin) |
| Filing 45 MOTION for Transport by Michael Cervantes. (llg) |
| Filing 44 MOTION for Discovery by Michael Cervantes. (llg) |
| Filing 43 Mail Returned Undeliverable as to Michael Cervantes re #37 Order. Resent to updated address. (fjg) |
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Filing 41
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion for a status update and copies #38 #39 . Signed by Magistrate Judge Joe J. Volpe on 7/24/2019. (lej)
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Filing 40
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying as moot Defendants' motion to dismiss #35 . Plaintiff has provided an updated address. Signed by Magistrate Judge Joe J. Volpe on 7/24/2019. (lej)
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| Filing 39 MOTION for Status Update and Copies by Michael Cervantes. (ljb) |
| Filing 38 MOTION for Status, MOTION for Copies and NOTICE of Change of Address by Michael Cervantes (kbc) Docket text modified on 7/18/2019 to correct description. (kbc) |
| NOTICE OF DOCKET CORRECTION re #38 Notice of Change of Address. CORRECTION: The docket text was modified to correct the description to include "Motion for Status, Motion for Copies", as indicated on the document. (kbc) |
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Filing 37
ORDER directing Plaintiff to comply with LR 5.5(c)(2) within 30 days of the date of this order and update his mailing address or dismissal of this case will be recommended. Signed by Magistrate Judge Joe J. Volpe on 7/15/2019. (lej)
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| Filing 36 BRIEF IN SUPPORT re #35 Motion to Dismiss/Lack of Prosecution filed by Ronnie Mcdermick, Brandon Petty, Luther Whitfield, Diane Wiles. (Jorgensen, Colin) |
| Filing 35 MOTION to Dismiss for Lack of Prosecution by Ronnie Mcdermick, Brandon Petty, Luther Whitfield, Diane Wiles (Attachments: #1 Affidavit Affidavit of Attempted Service)(Jorgensen, Colin) |
| Filing 34 NOTICE by Ronnie Mcdermick, Brandon Petty, Luther Whitfield, Diane Wiles re #29 Scheduling Order (Jorgensen, Colin) |
| NOTICE OF DOCKET CORRECTION re #33 Correspondence. CORRECTION: The docket text was modified to indicate the document was filed in error due to a clerical mistake by the Clerk's office. (jak) |
| Filing 33 DOCKET ENTRY FILED IN ERROR - DISREGARD (kdr) (Docket text modified on 4/24/2019 to indicate the document was filed in error)(jak) |
| NOTICE OF DOCKET CORRECTION re 32 Order. CORRECTION: The docket text was modified to indicate the entry is a text entry only pursuant to instruction from Chambers. (jak) |
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Filing 32
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part Plaintiff's motion for copies #31 . The Clerk is directed to send Plaintiff a copy of the docket sheet and two 1983 complaint forms. The motion is denied as to copies of all documents in the file. Signed by Magistrate Judge Joe J. Volpe on 4/3/2019. (lej) (Docket text modified on 4/4/2019 to indicate the entry is a text entry only) (jak)
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| Filing 31 MOTION for Copies and NOTICE of Change of Address by Michael Cervantes. (ljb) |
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Filing 30
ORDER approving and adopting in its entirety #26 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; dismissing without prejudice Defendants Wilson and Schultz from this cause of action; and certifying that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. Signed by Judge James M. Moody Jr. on 3/1/2019. (ljb)
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Filing 29
INITIAL SCHEDULING ORDER: Discovery due by 8/27/2019. Dispositive motions due by 9/27/2019. Dispositive motions on the issue of exhaustion due by 4/29/2019. Signed by Magistrate Judge Joe J. Volpe on 2/27/2019. (lej)
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| Filing 28 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
| Filing 27 SUMMONS Returned Executed. Luther Whitfield served on 2/8/2019. Address Under Seal. (fjg) |
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Filing 26
PROPOSED FINDINGS AND RECOMMENDATIONS that Defendants Wilson and Schultz be dismissed without prejudice from this cause of action #2 . The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from any order adopting this recommendation would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 2/12/2019. (lej)
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| Filing 25 ANSWER to #2 Complaint with Jury Demand by Luther Whitfield.(Jorgensen, Colin) |
| Summons Reissued as to Luther Whitfield and forwarded to the U.S. Marshal for service. (ljb) |
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Filing 24
ORDER that the Clerk shall prepare summons and the USM shall serve Defendant Whitfield without prepayment of fees and costs or security therefore. Plaintiff must provide a valid service address for Defendant Schultz within 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 1/7/2019. (lej)
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Filing 23
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Defendants' motion to substitute attorney #22 . Signed by Magistrate Judge Joe J. Volpe on 1/7/2019. (lej)
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| Filing 22 MOTION to Substitute Attorney by Ronnie Mcdermick, Brandon Petty, Diane Wiles (Jorgensen, Colin) |
| Filing 21 NOTICE of Appearance by Colin R. Jorgensen on behalf of Ronnie Mcdermick, Brandon Petty, Diane Wiles (Jorgensen, Colin) |
| Filing 20 SEALED DOCUMENT. (kdr) |
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Filing 19
ORDER that Plaintiff must provide a valid service address for Defendant Wilson within 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 12/21/2018. (lej)
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| Filing 18 Summons Returned Unexecuted on 12/15/2018 as to Wilson. (fjg) |
| Filing 17 Summons Returned Unexecuted on 12/12/2018 as to Peggy Schultz. (fjg) |
| Filing 16 Summons Returned Unexecuted on 12/11/2018 as to Luther Whitfield. (fjg) |
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Filing 15
ORDER adopting #8 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects. Plaintiff's claims against the State of Arkansas are dismissed with prejudice. Plaintiff's claims against the Mississippi County Detention Center are dismissed without prejudice. Plaintiff's claims against Catherine Pamela Dean are dismissed without prejudice. Plaintiff's claims against Sheriff Dale Aubry Cook are dismissed without prejudice for failure to state a claim upon which relief may be granted. The Court certifies that an in forma pauperis appeal from this Order adopting the recommendations would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/27/2018. (jak)
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| Filing 14 SUMMONS Returned Executed. Brandon Petty served on 11/8/2018. (fjg) |
| Filing 13 SUMMONS Returned Executed. Ronnie Mcdermick c/o Mississippi County Detention Center served on 11/8/2018. (llg) |
| Filing 12 SUMMONS Returned Executed. Diane Wiles c/o Mississippi County Detention Center served on 11/8/2018. (llg) |
| Filing 11 ANSWER to #2 Complaint with Jury Demand by Ronnie Mcdermick, Brandon Petty, Diane Wiles.(Jones, Kolton) |
| Filing 10 NOTICE of Appearance by Kolton Jones on behalf of Ronnie Mcdermick, Brandon Petty, Diane Wiles (Jones, Kolton) |
| Filing 9 Mail Returned Undeliverable as to Michael Cervantes re #5 Order Referring Case. Resent to updated address. (fjg) |
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Filing 8
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff's claims against the State of Arkansas be dismissed with prejudice based on Eleventh Amendment Immunity; Plaintiff's claims against Mississippi County Detention Center be dismissed without prejudice for failure to state a claim on which relief may be granted; Plaintiff's claims against prosecutor Catherine Pamela Dean be dismissed without prejudice based on Eleventh Amendment and absolute immunity; Plaintiff's claims against Mississippi County Sheriff Dale Aubry Cook be dismissed without prejudice for failure to state a claim on which relief may be granted. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting these recommendations would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 10/31/2018. (lej)
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| Summons Issued as to Ronnie Mcdermick, Brandon Petty, Peggy Schultz, Luther Whitfield, Diane Wiles, and Wilson and forwarded to the USM for service. (lej) |
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Filing 7
ORDER directing the Clerk to prepare summons and the USM to serve Defendants Whitfield, Petty, Mcdermick, Wiles, Schultz, and Wilson without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 10/30/2018. (lej)
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Filing 6
ORDER directing the Clerk to amend the docket to reflect Plaintiff's correct address. Signed by Magistrate Judge Joe J. Volpe on 10/30/2018. (lej)
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Joe J. Volpe for disposition or recommended disposition, as appropriate, as to all pretrial matters. Signed by Judge James M. Moody Jr. on 10/29/2018. (jak)
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| Filing 4 Mail Returned Undeliverable as to Michael Cervantes re #1 Motion for Leave to Proceed in forma pauperis, #2 Complaint, #3 INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS. (fjg) |
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Filing 3
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS granting #1 Motion to Proceed In Forma Pauperis. Plaintiff's custodian is directed to collect monthly payments from plaintiff's institutional account and forward the payments to the Clerk of the Court until the total of $350 has been paid. The Clerk of the Court is directed to send a copy of this Order to the Mississippi County Detention Facility. Signed by Judge James M. Moody Jr. on 4/18/2017. (jak)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Michael Cervantes.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Michael Cervantes. (kdr) |
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