Biggs v. Payne et al
| Alvin H Biggs |
| Dexter Payne, Bolden, Ault, Culclager, Michael Ault, Aundrea Culclager and Kennie Bolden |
| 4:2020cv00751 |
| June 16, 2020 |
| US District Court for the Eastern District of Arkansas |
| Patricia S Harris |
| James M Moody |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on January 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 34 MOTION to Appoint Counsel by Alvin H Biggs. (llg) |
| NOTICE OF DOCKET CORRECTION re #33 Initial Scheduling Order. CORRECTION: The docket text was modified to establish linkage to 21 Order as marked on the document. (jak) |
Filing 33
INITIAL SCHEDULING ORDER lifting the stay of discovery, Doc. 21 . The discovery deadline is 11/25/2021. Any party seeking summary judgment on the merits must file a motion no later than 12/09/2021 in order to assure a decision prior to trial. Signed by Magistrate Judge Patricia S. Harris on 06/28/2021. (ajt) (Docket text modified on 6/29/2021 to establish linkage) (jak)
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Filing 32
ORDER approving and adopting #30 Proposed Findings and Partial Recommendation in their entirety as this Court's findings in all respects; and denying #24 motion for summary judgment. Signed by Judge James M. Moody Jr. on 03/25/2021. (ajt)
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| Filing 31 OBJECTION to #30 Report and Recommendations by Michael Ault, Kennie Bolden, Aundrea Culclager, Dexter Payne (Edwards, Brittany) |
| Filing 30 PROPOSED FINDINGS AND PARTIAL RECOMMENDATION recommending that #24 Defendants' motion for summary judgment be denied. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Patricia S. Harris on 3/11/2021. (ljb) |
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Filing 29
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. The Clerk of Court is directed to update the docket sheet to reflect the correct names of defendants Aundrea Culclager, Kennie Bolden, and Michael Ault, per Answer, Doc. No. #6 . Signed by Magistrate Judge Patricia S. Harris on 3/10/2021. (cfd)
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| Filing 28 RESPONSE in Opposition to #24 MOTION for Summary Judgment on the Issue of Exhaustion filed by Alvin H Biggs. (llg) |
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Filing 27
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. Defendants have moved for summary judgment as to plaintiff's claims against them. Plaintiff now has an opportunity to file a response opposing the motion. To be considered, the response must be filed within fourteen (14) days of this order's entry date. In opposing the motion for summary judgment, plaintiff may attach affidavits that he or others have signed. Because affidavits are sworn statements, they must be either notarized or declared under penalty of perjury (see 28 U.S.C. 1746). Unsworn statements will not be considered in deciding the motion for summary judgment. And to be considered, an affidavit must be based on personal knowledge of the person who signs it. If plaintiff files a response, he must also file a separate, short statement setting forth the disputed facts that he believes must be decided at trial. See Local Rule 56.1, Rules of the United States District Court for the Eastern District of Arkansas. While plaintiff is not required to file a response to the motion for summary judgment, if he does not respond, the Court can assume that the facts set out in the statement of facts are true. Signed by Magistrate Judge Patricia S. Harris on 12/18/2020. (cfd)
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| Filing 26 STATEMENT OF FACTS (Local Rule 56.1) re #24 Motion for Summary Judgment, filed by Ault, Bolden, Culclager, Dexter Payne. (Edwards, Brittany) |
| Filing 25 BRIEF IN SUPPORT re #24 Motion for Summary Judgment, filed by Ault, Bolden, Culclager, Dexter Payne. (Edwards, Brittany) |
| Filing 24 MOTION for Summary Judgment on the Issue of Exhaustion by Ault, Bolden, Culclager, Dexter Payne (Attachments: #1 Exhibit Administrative Directive AD 19-34, #2 Exhibit Plaintiff's grievance CMU20-00002, #3 Exhibit Affidavit of Terri Grigsby-Brown)(Edwards, Brittany) |
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Filing 23
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #22 Motion to Appoint Counsel. 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 at this time. Signed by Magistrate Judge Patricia S. Harris on 11/18/2020. (cfd)
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| Filing 22 MOTION to Appoint Counsel by Alvin H Biggs. (ljb) |
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Filing 21
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. Defendants have filed an Answer to Plaintiff's Complaint. If Defendants intend to pursue a defense that Plaintiff failed to exhaust his administrative remedies before filing this lawsuit, it must be raised by motion for summary judgment no later than December 17, 2020. Discovery that is not related to the issue of exhaustion is stayed until further order. Signed by Magistrate Judge Patricia S. Harris on 11/2/2020. (cfd)
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| Filing 20 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (cfd) |
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Filing 19
ORDER approving and adopting #13 Proposed Findings and Partial Recommendation in their entirety as this Court's findings in all respects; and denying #3 Biggs' motion for a temporary restraining order and preliminary injunction. Signed by Judge James M. Moody Jr. on 09/15/2020. (ajt)
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| Filing 18 OBJECTIONS to #13 Proposed Findings and Partial Recommendation by Alvin H Biggs. (llg) |
| Filing 17 SUMMONS Returned Executed. Dexter Payne served on 6/29/2020. (fjg) |
| Filing 16 SUMMONS Returned Executed. Ault served on 6/29/2020. (fjg) |
| Filing 15 SUMMONS Returned Executed. Culclager served on 6/29/2020. (fjg) |
| Filing 14 SUMMONS Returned Executed. Bolden served on 6/29/2020. (fjg) |
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Filing 13
PROPOSED FINDINGS AND PARTIAL RECOMMENDATION recommending that #3 Biggs' motion for a temporary restraining order and preliminary injunction should be denied. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Patricia S. Harris on 8/17/2020. (ljb)
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| Filing 12 Response to Defendants Oppositions to #3 MOTION for Temporary Restraining Order filed by Alvin H Biggs. (llg) |
| Filing 11 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order filed by Ault, Bolden, Culclager, Dexter Payne. (Edwards, Brittany) |
| Filing 10 NOTICE OF DOCKET CORRECTION re #7 Notice of Appearance. CORRECTION: The original document was submitted in error (incorrect case number). The correct document was added to docket entry #7 based on the attached correspondence. (jak) |
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Filing 9
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #8 Motion for Extension of Time to File Response/Reply. The ADC defendants in this case have up to and including July 27, 2020, to file their response to the Motion for Temporary Restraining Order. Signed by Magistrate Judge Patricia S. Harris on 7/14/2020. (cfd)
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| Filing 8 MOTION for Extension of Time to File Response/Reply as to #3 MOTION for Temporary Restraining Order by Ault, Bolden, Culclager, Dexter Payne (Land, Amanda) |
| Filing 7 NOTICE of Appearance by Amanda Denise Land on behalf of Ault, Bolden, Culclager, Dexter Payne (Land, Amanda) (Additional attachment(s) added on 7/15/2020: #1 Main Document - Correct (submitted 7/15/2020)) (jak). |
| Filing 6 ANSWER to #2 Complaint with Jury Demand by Ault, Bolden, Culclager, Dexter Payne.(Edwards, Brittany) |
| Filing 5 NOTICE of Appearance by Brittany Nicole Edwards on behalf of Ault, Bolden, Culclager, Dexter Payne (Edwards, Brittany) |
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Filing 4
INITIAL ORDER FOR PRO SE PRISONER PLAINTIFFS directing the Clerk of Court to add Chaplain Ault, Warden Culclager, and Deputy Warden Bolden as defendants to the style of this case; granting #1 IFP motion; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk to send a copy of this Order to the Warden of the Cummins Unit, the ADC Trust Fund Centralization Bank Office, and the ADC Compliance Office; and directing the Clerk of the Court to prepare summonses for the defendants and the United States Marshal to serve a copy of #2 complaint, #3 Motion for Temporary Restraining Order, this order, and summons without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Patricia S. Harris on 6/22/2020. (ljb)
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| Summons Issued as to Ault, Bolden, Culclager, Dexter Payne and forwarded to the USMS for service. (ajt) |
| Filing 3 MOTION for Temporary Restraining Order by Alvin H Biggs. (llg) |
| Filing 2 COMPLAINT with Jury Demand against Dexter Payne filed by Alvin H Briggs. (llg) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Alvin H Briggs. (llg) |
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