Williams v. Daniels et al
| Tracy Bernard Williams |
| Jason McKelley, Warden Faust, Dr. Daniels, Dr. Vowell, Nurse Cannon, Rory L. Griffin, Correct Care Solutions and Jason M. Kelley |
| 6:2018cv06067 |
| July 27, 2018 |
| US District Court for the Western District of Arkansas |
| Hot Springs Office |
| Garland |
| Mark E Ford |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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| Filing 22 TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION #19 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 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, without prejudice, pursuant to Local Rule 5.5(c)(2). Response to Motion for Summary Judgment due by 10/15/2018.. Signed by Honorable Mark E. Ford on September 24, 2018. (cpg) |
| Filing 21 STATEMENT OF FACTS in support of #19 MOTION for Summary Judgment by Faust, Rory L. Griffin. (Jackson, Maryna) |
| Filing 20 MEMORANDUM BRIEF in Support of #19 MOTION for Summary Judgment by Faust, Rory L. Griffin. (Attachments: #1 Exhibit A, #2 Exhibit B)(Jackson, Maryna) |
| Filing 19 MOTION for Summary Judgment by Faust, Rory L. Griffin. Motions referred to Mark E. Ford.(Jackson, Maryna) |
| Filing 18 INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 2/15/2019. Signed by Honorable Mark E. Ford on September 19, 2018. (djm) |
| Filing 17 ANSWER to #7 Amended Complaint, with Jury Demand by Faust, Rory L. Griffin.(Jackson, Maryna) |
| Filing 16 NOTICE of Appearance by Maryna O. Jackson on behalf of Faust, Rory L. Griffin. (Jackson, Maryna) |
| Filing 15 SUMMONS Returned Executed by Tracy Bernard Williams. Cannon served on 9/14/2018, answer due 10/5/2018; Daniels served on 9/14/2018, answer due 10/5/2018; Jason M. Kelley served on 9/14/2018, answer due 10/5/2018; Vowell served on 9/14/2018, answer due 10/5/2018. (hnc) |
| Filing 14 ANSWER to #7 Amended Complaint, by Cannon, Daniels, Jason M. Kelley, Vowell.(Eubanks, Brent) |
| Filing 13 NOTICE of Appearance by Brent Jay Eubanks on behalf of Cannon, Daniels, Jason M. Kelley, Vowell. (Eubanks, Brent) |
| Filing 12 ANSWER to #7 Amended Complaint, by Correct Care Solutions.(Eubanks, Brent) |
| Filing 11 NOTICE of Appearance by Brent Jay Eubanks on behalf of Correct Care Solutions. (Eubanks, Brent) |
| Filing 10 SUMMONS Returned Executed by Tracy Bernard Williams. Correct Care Solutions served on 9/7/2018, answer due 9/28/2018; Faust served on 9/7/2018, answer due 9/28/2018; Rory L. Griffin served on 9/7/2018, answer due 9/28/2018. (lw) |
| Filing 9 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Cannon, Correct Care Solutions, Daniels, Faust, Rory L. Griffin, Jason M. Kelley, Vowell and USM285 Forms Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #4 Magistrate Notice/Consent Furnished, #8 Order Directing Service, #7 Amended Complaint. (hnc) |
Filing 8
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Cannon, Correct Care Solutions, Daniels, Faust, Rory L. Griffin, Jason M. Kelley, Vowell and granting 21 days to answer. Signed by Honorable Mark E. Ford on August 21, 2018. (cc: U.S. Marshals Service-Certified).(hnc)
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| Filing 7 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Correct Care Solutions, Cannon, Jason M. Kelley, Vowell, Faust, Daniels, Rory L. Griffin, filed by Tracy Bernard Williams. Related document: #1 Complaint Referred (42:1983) filed by Tracy Bernard Williams.(hnc) |
| Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District. For this reason, Plaintiff is directed to submit an Amended Complaint within 21 days of the date of this Order. The Clerk is directed to mail the Plaintiff a court-approved 1983 form.In the Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. See Rizzo v. Goode, 423 U.S. 362,371-72,377 (1976);Fed.R.Civ.P.8. Plaintiff must repeat this process for each person he has named as a Defendant. Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered. If he fails to do so, the allegations against that Defendant will be dismissed for failure to state a claim.Plaintiff must clearly designate on the face of the document that it is a First Amended Complaint. The First Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. You may not refer back to any part of the original complaint. A First Amended Complaint supersedes, or takes the place of, the original Complaint. After amendment, the Court will treat the original Complaint as nonexistent. Any cause of action that was raised in the original Complaint is waived if it is not raised in the First Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 8/17/2018. Signed by Honorable Mark E. Ford on July 27, 2018. (klk) |
| Filing 5 CLERK'S ORDER re PLRA Fee directing ADC-Ouachita River Unit to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (hnc) |
| Filing 4 Magistrate Notice/Consent Furnished to plaintiff. (lw) |
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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 Mark E. Ford on July 27, 2018. (lw)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Tracy Bernard Williams. Motions referred to Mark E. Ford.(lw) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Cannon, Correct Care Solutions, Daniels, Faust, Rory L. Griffin, Jason McKelley, Vowell, filed by Tracy Bernard Williams. (Attachments: #1 Letter)(lw) |
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