Wallace v. Warner et al

Plaintiff: Byron L Wallace
Defendant: Mark Warner, Charlie Walker, Larry May, Gaylon Lay, Corey Rayner, Lorie A Taylor, Ray Hobbs and Donald Tate
Case Number: 5:2013cv00068
Filed: March 1, 2013
Court: Arkansas Eastern District Court
Office: Pine Bluff Office
County: Lincoln
Presiding Judge: J. Leon Holmes
Referring Judge: J. Thomas Ray
Nature of Suit: Prison Condition: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
February 9, 2015 107 Opinion or Order of the Court ORDER ADOPTING 104 Report and Recommendations. Defendants' 88 Motion for Summary Judgment is granted. Plaintiff's failure to protect claims against Rayner and Walker are dismissed with prejudice. The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 2/9/2015. (mcz)
October 15, 2014 83 Opinion or Order of the Court ORDER adopting 80 Proposed Findings and Recommended Partial Disposition in their entirety as this Court's findings in all respects; granting in part and denying in part 59 Motion for Summary Judgment. Plaintiff's excessive force, equal protection, cruel and unusual punishment, and official capacity claims for monetary damages are DISMISSED with prejudice. Plaintiff's claims for failure to protect against defendants Rayner and Walker are allowed to proceed. The defendants' request for an extension of the dispositive motion deadline must be presented to Judge Ray. The Court certifies that an in forma pauperis appeal would not be taken in good faith. Signed by Judge J. Leon Holmes on 10/15/2014. (ks)
August 8, 2014 76 Opinion or Order of the Court ORDER granting Defendants' request to file a copy of the video under seal that Plaintiff references in his Response 63 . Therefore, Defendants shall file, under seal, a copy of the video in question within 14 days of this Order's entry. Signed by Magistrate Judge J. Thomas Ray on 08/08/2014. (kcs)
March 10, 2014 62 Opinion or Order of the Court ORDER directing the Plaintiff to file, within 30 days, a Response to 59 MOTION for Summary Judgment filed by Corey Rayner, Charles Walker and a separate Statement of Disputed Facts as set forth in this Order. Plaintiff is further advised that the failure to timely and properly comply with this Order will result in:(a) all of the facts in 59 being deemed admitted by Plaintiff; or (b) the dismissal of this action, without prejudice. Signed by Magistrate Judge J. Thomas Ray on 03/10/2014. (kcs)
January 27, 2014 56 Opinion or Order of the Court ORDER denying, as moot, the remainder of 50 Plaintiff's Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 01/27/2014. (kcs)
January 8, 2014 52 Opinion or Order of the Court ORDER granting in part 50 MOTION to Compel filed by Byron L Wallace. Defendants must, on or before 1/21/2014, file a Supplemental Response and the sealed exhibits mentioned in this Order. The discovery deadline is extended until 2/21/2014 and the dispositive motion deadline until 3/21/2014. Signed by Magistrate Judge J. Thomas Ray on 01/08/2014. Signed by Magistrate Judge J. Thomas Ray on 01/08/2013. (kcs)
September 30, 2013 38 Opinion or Order of the Court ORDER ADOPTING 36 Partial Report and Recommendations; therefore, defts' 24 Motion for Partial Summary Judgment is granted as to pltf's failure to protect claims against defts Hobbs, May, Lay, Warner, and Tate, and denied in all other re spects; defts Hobbs, May, Lay, Warner, and Tate are dismissed without prejudice; pltf may proceed with his failure to protect, excessive force, equal protection, and cruel and unusual punishment claims against defts Walker and Rayner. Signed by Judge J. Leon Holmes on 9/30/13. (vjt)
July 16, 2013 27 Opinion or Order of the Court ORDER directing the Plaintiff to file within 30 days, a Response to Defendants' Motion for Partial Summary Judgment and a separate Statement of Disputed Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the instructions set for th in this Order. Plaintiff is advised tht failure to timely and properly comply with this Order will result in: (a) all of the facts in Defendants' summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c); or (b) the dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2). Signed by Magistrate Judge J. Thomas Ray on 07/16/2013. (kcs)
May 22, 2013 21 Opinion or Order of the Court ORDER that Plaintiff's 10 Notice which has been construed as a Motion for Leave to Amend the complaint is denied. Signed by Magistrate Judge J. Thomas Ray on 05/22/2013. (kcs)
April 29, 2013 9 Opinion or Order of the Court ORDER ADOPTING 5 Partial Report and Recommendations in their entirety; therefore, pltf may proceed with his failure to protect, equal protection, excessive force, and cruel and unusual punishment claims against defts Warner, Walker, May, Lay, Rayne r, Hobbs, and Tate; all other claims and defts are DISMISSED WITHOUT PREJUDICE; Lorie A Taylor terminated; the U.S. Marshal is directed to serve summons, complaint, and this Order on defts without prepayment of fees and costs. Signed by Judge J. Leon Holmes on 4/29/13. (vjt)
April 15, 2013 8 Opinion or Order of the Court ORDER denying 7 Plaintiff's Motion for Reconsideration. Signed by Magistrate Judge J. Thomas Ray on 04/15/2013. (kcs)

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Plaintiff: Byron L Wallace
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Defendant: Mark Warner
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Defendant: Charlie Walker
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Defendant: Larry May
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Defendant: Gaylon Lay
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Defendant: Corey Rayner
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Defendant: Lorie A Taylor
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Defendant: Ray Hobbs
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Defendant: Donald Tate
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