December 14, 2016 |
Filing
183
ORDER denying 175 Motion for New Trial and embedded request to strike Defendants' 181 Response. No meritorious ground for another trial has been presented. His 182 motion for a copy of this Order is granted. The Clerk will send it to him. Signed by Judge D. P. Marshall Jr. on 12/14/2016. (jak)
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November 8, 2016 |
Filing
179
ORDER granting 178 Motion. Defendants' response due by 11/9/2016. Signed by Judge D. P. Marshall Jr. on 11/8/2016. (jak)
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October 18, 2016 |
Filing
177
ORDER: The Court would appreciate a response to G-Doffee's 175 Motion for a new trial. Response due by 10/31/2016. Tinsley's reimbursement request, 176 , is allowed in full. The Court directs the Clerk to reimburse counsel and to put a copy of this Order and docket entry 176 in the Library Fund file. Signed by Judge D. P. Marshall Jr. on 10/18/2016. (jak)
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September 12, 2016 |
Filing
174
JUDGMENT: The Court incorporates and enters judgment on the jury's verdicts for Clark and against G-Doffee on G-Doffee's excessive force and retaliatory verbal threat claims against Clark. The Court incorporates and enters judgment on the j ury's verdicts for Cooksey and against G-Doffee on G-Doffee's excessive force, retaliatory verbal threat, and failure to protect claims against Cooksey. All five claims are dismissed with prejudice. G-Doffee's remaining state law claims against Clark and Cooksey are dismissed without prejudice. Clark and Cooksey are entitled to their reasonable costs as allowed by Federal Rule of Civil Procedure 54(d) and 28 U.S.C.§1920. Signed by Judge D. P. Marshall Jr. on 9/12/2016. (jak)
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August 31, 2016 |
Filing
162
ORDER: Pursuant to General Order 54, the Court authorizes Warden William Straughn to bring a cell phone, laptop computer, or personal digital assistant into the Richard Sheppard Arnold United States Courthouse in Little Rock on 6-7 September 2016 for the trial in this case. Signed by Judge D. P. Marshall Jr. on 8/31/2016. (jak)
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August 29, 2016 |
Filing
160
ORDER directing the ADC to ensure the attendance of Tracy Bryant (ADC# 111893), ADC Maximum Security Unit, 2501 State Farm Road, Tucker, AR 72168-8713, to testify at the trial of this matter at 8:00 a.m. on 9/6/2016 in Courtroom 1A. The Court orders the ADC to ensure that this witness is in attendance for each day of trial until he is no longer needed or is dismissed by the Court. The Court further directs the ADC to send the appropriate remote electronically activated control technology or "stun" belt for use by ADC personnel with Mr. Bryant during the trial. Signed by Judge D. P. Marshall Jr. on 8/29/2016. (jak)
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August 1, 2016 |
Filing
151
ORDER directing the Arkansas Department of Correction to ensure the attendance of Petitioner, Robert Maxwell/G-Doffee (ADC #108778), Tucker Maximum Security Unit, at 12:00 p.m. on 8/18/2016 until completion of the hearing. The Court further direct s the Arkansas Department of Correction to send Mr. Maxwell/G-Doffee's complete institutional and medical files with him and to allow Mr. Maxwell/G-Doffee to bring any legal papers he wants to court. Signed by Judge D. P. Marshall Jr. on 8/1/2016. (jak)
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July 15, 2016 |
Filing
148
ORDER granting as modified 147 Motion. Motions in limine due by 7/29/2016; responses due by 8/5/2016. Pre-trial disclosures, trial briefs, and jury instructions due by 8/10/2016. The Court asks the parties to think about the distinction of Maxwell/G-Doffee's first claim and address it in their proposed instructions and pre-trial submissions. Signed by Judge D. P. Marshall Jr. on 7/15/2016. (jak)
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March 8, 2016 |
Filing
143
ORDER adopting 138 Recommendation and overruling G-Doffee's objections, 141 & 142 . The parties' motions for summary judgment and partial summary judgment, 123 & 126 , are denied. The Court refers this case back to Magistrate Jud ge Volpe to appoint a lawyer for G-Doffee and handle any other preliminary issue that arise in the next few months. This case is first-out for jury trial on 6 September 2016. The Court will hold a pretrial conference at 1:30 p.m. Thursday 18 August 2 016. The Court asks Magistrate Judge Volpe to enter any order necessary to ensure G-Doffee's attendance at the pretrial conference. Signed by Judge D. P. Marshall Jr. on 3/8/2016. (jak) (Docket text modified on 3/8/2016 to correct a typographical error). (jak)
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October 21, 2015 |
Filing
119
ORDER adopting in part and declining in part the recommendation, 113 . Maxwell/G-Doffee's objections, 114 , are overruled in part and sustained in part. The Court declines without prejudice Section IV(C)(2) about the verbal-abuse claims agains t Clark and Cooksey. Cooksey's motion for summary judgment, 96 , is denied without prejudice. The Court adopts the remainder of the recommendation. The ADC Defendants' motion for summary judgment, 96 , is granted in part, denied in part, and denied without prejudice in part. Hillard's separate motion for summary judgment, 107 , is granted and Maxwell/G-Doffee's motion for preliminary injunctive relief, 112 , is denied. Maxwell/G-Doffee's claims against Defendants Cha mbers, Butler, Engstrom, Straughn, Williams, Gooley, Turner, Jenkins, Hillard, LaKenya Jackson, and Anthony Jackson are dismissed without prejudice for failure to exhaust. Plaintiff's official-capacity claims are dismissed with prejudice. Plaint iff's claims against Justine Minor are dismissed with prejudice. Plaintiff's August 2013 excessive-force and failure to protect claims (federal and state) must be tried. A final scheduling order will issue soon. Any second motion for summary judgment should be filed by 31 December 2015. Signed by Judge D. P. Marshall Jr. on 10/21/2015. (jak)
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October 28, 2014 |
Filing
87
ORDER: Maxwell/G-Doffee's appeal, 86 , fails; the challenged Orders 79 and 85 are affirmed. Signed by Judge D. P. Marshall Jr. on 10/28/2014. (jak)
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October 14, 2014 |
Filing
84
ORDER adopting 82 PARTIAL RECOMMENDED DISPOSITION. Hamilton's 76 Motion to Dismiss is granted in part and denied in part. Hamilton is dismissed without prejudice from this action. Hamilton's request for costs and attorney's fees is denied. An in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 10/14/2014. (jak)
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