Axelson v. Pennington et al
| Timothy Axelson |
| Jimmy Lester, Phillip Snodgrass, Bruce Pennington, Ray Pennington and James Hart |
| 4:2009cv00919 |
| December 9, 2009 |
| US District Court for the Eastern District of Arkansas |
| Little Rock Office |
| Saline |
| Billy Roy Wilson |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on February 29, 2016. A more recent docket listing may be available from PACER.
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| Docket Note: Filing Fee Paid in Full on 2/29/2016. (ljb) |
Filing 59
JUDGMENT re #58 Order Adopting Report and Recommendations dismissing case and certifying that an ifp appeal taken from this Judgment and the accompanying Order would not be taken in good faith. Signed by Judge William R. Wilson, Jr on 7/26/10. (bkp) Modified on 7/26/2010 to correct typographicala error (bkp).
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Filing 58
ORDER ADOPTING REPORT AND RECOMMENDATIONS granting defts' #40 Motion for Summary Judgment and dismissing the case with prejudice. Signed by Judge William R. Wilson, Jr on 7/26/10. (bkp)
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| Filing 57 NOTICE of Change of Address by Timothy Axelson to the Varner Unit, P O Box 600, Grady, AR 71644 (copy mailed)(tjj) |
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Filing 55
REPORT AND RECOMMENDATIONS that Defendants' #40 MOTION for Summary Judgment be GRANTED and this action be DISMISSED with prejudice; that all other pending motions be DENIED as moot; and that the Court certify an in forma pauperis appeal from any 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 7/2/2010. (jas)
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| Filing 54 CERTIFICATE OF SERVICE by James Hart, Jimmy Lester, Bruce Pennington, Ray Pennington, Phillip Snodgrass (Jones, Jamie Marie) |
| Filing 53 REPLY to Response to Motion re #40 MOTION for Summary Judgment filed by James Hart, Jimmy Lester, Bruce Pennington, Ray Pennington, Phillip Snodgrass. (Jones, Jamie Marie) |
| Filing 52 RESPONSE to #40 MOTION for Summary Judgment filed by Timothy Axelson. (ade)(Copy mailed to plaintiff) |
| NOTICE OF DOCKET CORRECTION #47 Response to Motion for Summary Judgment. CORRECTION: The docket entry was modified to correct the linkage. (thd) |
| Filing 51 NOTICE of Freedom of Information Application filed by Timothy Axelson (pag)(copy mailed) |
| Filing 50 Letter from Timothy Axelson regarding case (pag)(copy mailed) |
| Filing 49 REQUEST for Production of Documents by Timothy Axelson.(pag)(copy mailed) |
| Filing 48 MOTION to Appoint Counsel by Timothy Axelson (pag)(copy mailed) |
| Filing 47 RESPONSE to #40 MOTION for Summary Judgment and #42 Statement of Facts filed by Timothy Axelson. (pag)(copy mailed) (Docket entry modified on 6/8/2010 to correct linkage.) (thd). |
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Filing 44
ORDER that pending before the Court is Defendants' #40 MOTION for Summary Judgment; directing that in light of Plaintiff's pro se status, he will be granted 30 days from the entry date of this Order in which to file his response; reminding Plaintiff of his responsibility to comply with the Local Rules of the Court and that if any communication from the Court to a pro se plaintiff is not responded to within 30 days, the case may be dismissed without prejudice. Signed by Magistrate Judge Joe J. Volpe on 5/20/2010. (jas)
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| Filing 43 NOTICE of Change of Address by Timothy Axelson (pag)(copy mailed) |
| Filing 42 STATEMENT OF FACTS (Local Rule 56.1) re #40 Motion for Summary Judgment filed by James Hart, Jimmy Lester, Bruce Pennington, Ray Pennington, Phillip Snodgrass. (Jones, Jamie Marie) |
| Filing 41 BRIEF IN SUPPORT filed by James Hart, Jimmy Lester, Bruce Pennington, Ray Pennington, Phillip Snodgrass re #40 Motion for Summary Judgment (Jones, Jamie Marie) |
| Filing 40 MOTION for Summary Judgment by James Hart, Jimmy Lester, Bruce Pennington, Ray Pennington, Phillip Snodgrass (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Jones, Jamie Marie) |
| Filing 39 RESPONSE re #37 Notice (Other) Response to Document 37 by James Hart, Jimmy Lester, Bruce Pennington, Ray Pennington, Phillip Snodgrass (Attachments: #1 Exhibit 1)(Jones, Jamie Marie) |
| Filing 36 OBJECTIONS by Jimmy Lester, Bruce Pennington, Ray Pennington, Phillip Snodgrass re #34 Witness List (purs. to FRCvP 26(a)(3)(A)(ii)). (Jones, Jamie Marie) |
| Filing 38 Docket Note: Per instructions from the pro se law clerk in this case, the Clerk's office has been instructed to enter DE #37 as a Notice of Filing. (ade) |
| Filing 37 NOTICE of Filing by Timothy Axelson. (ade)(Copy mailed to plaintiff) |
| Filing 35 MOTION to Amend/Correct #24 Witness List (purs. to FRCvP 26(a)(3)(A)(ii)) by Timothy Axelson (pag)(copy mailed) |
| Filing 34 Witness List (purs. to FRCvP 26(a)(3)(A)(ii)) by Timothy Axelson.(pag)(copy mailed) |
| Filing 32 REVISED SCHEDULING ORDER: The evidentiary hearing set for 7/13/2010 at 9:30 AM in this case has been moved to Wednesday, 7/21/2010, at 1:30 PM, in Little Rock Courtroom # 2C before Magistrate Judge Joe J. Volpe. Signed at the Direction of the Court on 4/20/2010. (jas) |
| Filing 31 RESPONSE re #24 Witness List (purs. to FRCvP 26(a)(3)(A)(ii)) by James Hart, Jimmy Lester, Bruce Pennington, Ray Pennington, Phillip Snodgrass (Jones, Jamie Marie) |
| Filing 30 CERTIFICATE OF SERVICE by James Hart, Jimmy Lester, Bruce Pennington, Ray Pennington, Phillip Snodgrass (Jones, Jamie Marie) |
| Filing 29 CERTIFICATE OF SERVICE by James Hart, Jimmy Lester, Bruce Pennington, Ray Pennington, Phillip Snodgrass (Jones, Jamie Marie) |
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Filing 27
ORDER DENYING Plaintiff's #17 Motion for Default Judgment. Signed by Magistrate Judge Joe J. Volpe on 4/14/2010. (jas)
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| Filing 26 SUMMONS Returned Executed by Timothy Axelson. James Hart served on 3/12/2010. (pag) |
| Filing 25 NOTICE OF LETTER TO MR. URSERY by Timothy Axelson. (pag)(copy mailed) |
| Filing 24 Witness List by Timothy Axelson.(pag)(copy mailed) |
| Filing 23 NOTICE of Appearance by Frederick S. Ursery on behalf of James Hart (Ursery, Frederick) |
| Filing 22 ANSWER to Amended Complaint, by James Hart.(Jones, Jamie Marie) |
| Filing 21 NOTICE of Appearance by Jamie Marie Huffman Jones on behalf of James Hart (Jones, Jamie Marie) |
| Filing 20 ANSWER to #5 Amended Complaint by Bruce Pennington, Ray Pennington, Phillip Snodgrass, Jimmy Lester.(Jones, Jamie Marie) )The docket text was modified on 3/15/2010 to correct the linkage) (mkf). |
| Filing 19 RESPONSE to Motion re #17 MOTION for Default Judgment against all defendants filed by Bruce Pennington, Ray Pennington, Phillip Snodgrass, Jimmy Lester. (Jones, Jamie Marie) |
| NOTICE OF DOCKET CORRECTION re [ 5] MOTION to Amend/Correct, #20 Answer to Complaint and 3/3/10 Administrative Entry of Amended Complaint pursuant to #14 Order. CORRECTION: Docket text was modified on 3/15/2010 to indicate #5 Motion to Amend w/Attachment is to be considered Plaintiff's Amended Complaint pursuant to #14 Order; an Administrative Entry for the Amended Complaint was entered by the Clerk; linkage was corrected for #20 Answer to Amended Complaint; James Hart was added as a party defendant. (mkf) |
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Filing 16
SCHEDULING ORDER: Evidentiary Hearing set for Tuesday, 7/13/2010, at 9:30 AM in Little Rock Courtroom # 2C before Magistrate Judge Joe J. Volpe. Plaintiff's witness list and statement of facts due no later than 4/13/2010; Defendants' response due no later than 4/30/2010; any dispositive motions due no later than 5/14/2010. Signed at the Direction of the Court on 3/11/2010. (jas)
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| Filing 18 Docket Note: Per instructions from the pro se law clerk in this case, the Clerk's office has been instructed to enter DE #17 as a Motion for Default Judgment. (ade) |
| Filing 17 MOTION for Default Judgment against all defendants filed by Timothy Axelson. (ade)(Copy mailed to plaintiff) |
| AMENDED COMPLAINT against James Hart, Bruce Pennington, Ray Pennington, Phillip Snodgrass, Jimmy Lester. (ADMINISTRATIVE ENTRY by the Clerk pursuant to #14 Order directing the Clerk to consider Plaintiff's Motion to Amend as an Amended Complaint adding James Hart as a party Defendant. (See #5 Motion for document) (mkf) |
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Filing 14
ORDER GRANTING Plaintiff's #5 Motion to Amend/Correct Complaint. The Clerk of the Court is directed to add as a Defendant James Hart, and to docket Plaintiff's attachment to his Motion to Amend as a Supplemental Complaint. The Clerk of the Court shall prepare summons for Defendant Hart, and the U.S. Marshal is directed to serve a copy of the #2 Complaint, #5 Motion to Amend, this order, and summons on Defendant without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 3/3/2010. (jas)
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| Summons Issued as to James Hart. (jas) |
| Filing 13 SUMMONS Returned Executed by Timothy Axelson. Bruce Pennington served on 1/8/2010. (pag) |
| Filing 12 SUMMONS Returned Executed by Timothy Axelson. Ray Pennington served on 1/8/2010. (pag) |
| Filing 11 SUMMONS Returned Executed by Timothy Axelson. Phillip Snodgrass served on 1/8/2010. (pag) |
| Filing 10 SUMMONS Returned Executed by Timothy Axelson. Jimmy Lester served on 1/8/2010. (pag) |
| Filing 9 RESPONSE re #8 Answer to Complaint by Timothy Axelson. (pag)(copy mailed) |
| Filing 8 ANSWER to #2 Complaint by Bruce Pennington, Ray Pennington, Phillip Snodgrass, Jimmy Lester.(Jones, Jamie Marie) |
| Filing 7 NOTICE of Appearance by Jamie Marie Huffman Jones on behalf of all defendants (Jones, Jamie Marie) |
| Filing 6 NOTICE of Appearance by Frederick S. Ursery on behalf of all defendants (Ursery, Frederick) |
| Filing 5 MOTION to Amend/Correct #2 Complaint by Timothy Axelson (Attachments: #1 Amended Complaint)(pag)(copy mailed) (Pursuant to #14 Order the Clerk was directed to add James Hart as a Defendant and to indicate this Motion w/Attachment would be considered the Plaintiff's AMENDED COMPLAINT.) |
| Summons Issued as to Bruce Pennington, Ray Pennington, Phillip Snodgrass and Jimmy Lester. (jas) |
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Filing 3
ORDER GRANTING Plaintiff's #1 MOTION for Leave to Proceed in forma pauperis; directing that Plaintiff is obligated to pay the statutory filing fee of $350 for this action and that his present custodian, or his designee, and any future custodians collect monthly payments from Plaintiff's prison trust account; directing the Clerk of the Court to send a copy of this Order to the Sheriff of Saline County; and directing the Clerk of the Court to prepare summons for Defendants and the United States Marshal is directed to serve a copy of the #2 Complaint and summonses on Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 12/22/2009.
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| Filing 2 COMPLAINT against all defendants filed by Timothy Axelson.(pag)(copy mailed) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Timothy Axelson (pag)(copy mailed) |
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