Fisher v. Smith et al
| Kason Trent Fisher |
| Captain Tracey Smith, Jail Administrator Gina Butler and Sheriff Bobby Walraven |
| 4:2023cv04100 |
| October 17, 2023 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION #13 FOR SUMMARY JUDGMENT. Plaintiff is directed to file a Response to the Motion for Summary Judgment within 21 days. At the summary judgment stage, a plaintiff can not rest upon mere allegations and, instead, must meet proof with proof. See Fed.R.Civ.P. 56(e). This means the Response must include legal arguments, as well as affidavits, prison records, or other evidence establishing that there is a genuine issue of material fact that must be resolved at a hearing or trial. The affidavit must be based upon the personal knowledge of the person executing the affidavit and must be either: (1) sworn and subscribed to by a notary public;or (2) executed under penalty of perjury, as provided for by 28 U.S.C. 1746.Furthermore, Plaintiff must also separately file a Statement of Disputed Facts, which lists: (a) any disagreement with the specifically numbered factual assertions contained in the Statement of Undisputed Facts filed by the Defendant;and (b) any other disputed facts that must be resolved at a hearing or trial. If Plaintiff disputes any of the facts set forth by the Defendant in the Statement of Undisputed Facts, each numbered paragraph must be identified that contains the fact in dispute and, for each paragraph identified, explain why there is a dispute.Plaintiff is advised that if he intends to rely upon any records or exhibits that have been previously filed with the Court, Plaintiff must specifically refer to those documents by ECF document and page numbers. The Court will not sift through the file to find support for the factual contentions. See Crossley v. Georgia-Pacific Corp., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (affirming the grant of summary judgment because a plaintiff failed to properly refer to specific pages in the record that supported his position).Plaintiff is advised that the failure to timely and properly comply with this Order will result in: (a) all of the facts set forth by the Defendant in the summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c);and/or (b) shall subject this case to dismissal pursuant to Local Rule 5.5(c)(2). Response to Motion for Summary Judgment due by 1/3/2024. Signed by Honorable Barry A Bryant on December 13, 2023. (awl) |
| Filing 15 STATEMENT OF FACTS in support of #13 MOTION for Summary Judgment Partial Summary Judgment for Failure to Exhaust Administrative Remedies by Gina Butler, Tracey Smith, Bobby Walraven. (Attachments: #1 Exhibit No. A - Affidavit of Butler, #2 Exhibit No. A1 - Arrest & Booking, #3 Exhibit No. A2 - Requests & Grievances, #4 Exhibit No. A5 - Policies & Procedures)(Dugger, Melissa) |
| Filing 14 MEMORANDUM BRIEF in Support of #13 MOTION for Summary Judgment Partial Summary Judgment for Failure to Exhaust Administrative Remedies by Gina Butler, Tracey Smith, Bobby Walraven. (Dugger, Melissa) |
| Filing 13 MOTION for Summary Judgment Partial Summary Judgment for Failure to Exhaust Administrative Remedies by Gina Butler, Tracey Smith, Bobby Walraven. Motions referred to Barry A Bryant.(Dugger, Melissa) |
| Filing 12 Mail Returned as Undeliverable marked Return to sender. Attempted - Not Known Unable to Forward. Mail originally sent to Kason Trent Fisher at Little River County Detention Center including #9 Summons Returned Executed. Resent to Miller County Detention Center.(mll) |
| Filing 11 TEXT ONLY BENCH ORDER. If Defendant(s) intend to pursue a defense, pursuant to the Prison Litigation Reform Act, 42 U.S.C. 1997(e)(a), that Plaintiff failed to exhaust his/her administrative remedies before filing this lawsuit, Defendant(s) must raise the issue in a motion for summary judgment filed no later than 45 days from the date of this Order. All discovery is stayed until the Court resolves any exhaustion issues. If Defendant(s) do(es) not intend to pursue an exhaustion defense, the Defendant(s) should PROMPTLY file a notice so stating. Summary Judgment Motion due by 1/2/2024. Signed by Honorable Barry A Bryant on November 15, 2023. (awl) |
| Filing 10 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Gina Butler, Tracey Smith, Bobby Walraven.(Dugger, Melissa) |
| Filing 9 SUMMONS Returned Executed by Kason Trent Fisher. Gina Butler served on 11/2/2023, answer due 11/24/2023; Tracey Smith served on 11/2/2023, answer due 11/24/2023; Bobby Walraven served on 11/3/2023, answer due 11/24/2023.(mll) (Main Document 9 replaced on 11/9/2023.)(mll) |
| Filing 8 NOTICE of Change of Address for Kason Trent Fisher. There are no documents to resend.(mll) |
| Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Gina Butler, Tracey Smith, Bobby Walraven and USM285 Forms delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred (42:1983), #4 Magistrate Notice/Consent Form, #6 Order Directing Service.(mll) |
Filing 6
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Gina Butler, Tracey Smith, Bobby Walraven and granting 21 days to answer. Signed by Honorable Barry A Bryant on October 18, 2023. (cc: U.S. Marshals Service)(mll)
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| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Little River County Detention Center to collect from petitioner's prison account an initial partial filing fee of $63.60; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full. (cc: Sheriff, Little River County)(mll) (Main Document 5 replaced on 10/18/2023) (mll). |
| Filing 4 Magistrate Notice/Consent Form.(mll) |
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis (42:1983). Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the filing fee from the Plaintiff.Plaintiff is advised that he is required to immediately inform the Court of any change of address. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of the new address. Plaintiff shall submit a change of address on a separate piece of paper entitled Notice to the Court of Change of Address and not include any motions or otherwise request relief in this document. The notice shall contain only information pertaining to the address change. The case will be subject to dismissal if Plaintiff fails to inform the Court of an address change. The Clerk is directed to collect the filing fee in the amount of $350.00. Signed by Honorable Barry A Bryant on October 17, 2023.(mll)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Kason Trent Fisher. Motions referred to Barry A Bryant.(mll) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Gina Butler, Tracey Smith, Bobby Walraven filed by Kason Trent Fisher.(mll) |
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