Billings v. Johnson et al
Court Docket Sheet

4:2014-cv-00674 (ared)

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1
11/21/2014
MOTION for Leave to Proceed in forma pauperis by Bryant Anthony Billings.
2
11/21/2014
COMPLAINT against Johnson filed by Bryant Anthony Billings.
3
11/24/2014
ORDER denying 1 Plaintiff's Application to Proceed Without Prepaying Fees; directing the Clerk to mail Plaintiff an Application; and directing Plaintiff to submit within 30 day from the entry date of this Order either the $400 statutory filing fee or a complete Application with the required calculation sheet and certified copy of his trust fund account. Signed by Magistrate Judge Joe J. Volpe on 11/24/2014.
4
12/01/2014
NOTICE of Calculation Sheet Filing by Bryant Anthony Billings.
5
12/15/2014
ORDER granting Plaintiff's Application to Proceed Without Prepayment of Fees; directing monthly payments be made from Plaintiff's institutional account for the statutory filing fee amount of $350; and directing the Clerk of the Court to send a copy of this Order to the Warden of the Varner Unit and the appropriate ADC offices. Signed by Magistrate Judge Joe J. Volpe on 12/15/2014.
6
12/15/2014
ORDER finding service is appropriate for Defendant Johnson; directing the Clerk to prepare summons for defendant; and directing the U.S. Marshal to serve a copy of the summons and 2 Plaintiff's Complaint on Defendant without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 12/15/2014.
12/15/2014
Summons Issued as to Johnson; forwarded to USMS for service. (Text entry; no document attached.)
7
01/09/2015
Summons Returned Unexecuted as to Johnson.
8
01/13/2015
AMENDED COMPLAINT against All Defendants (adding Defendant Doc Holiday), filed by Bryant Anthony Billings.
9
01/13/2015
MOTION for Leave to Proceed in forma pauperis by Bryant Anthony Billings.
10
01/14/2015
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER finding as moot 9 Plaintiff's Application to Proceed Without Prepayment of Fees. Plaintiff was granted IFP status in the Court's 5 Order. Signed by Magistrate Judge Joe J. Volpe on 1/14/2015.
11
01/16/2015
ORDER: If Plaintiff wishes to purse the allegations against Defendant Johnson, he may, within 21 days of this Order's entry, file a Second Amended Complaint which contains all claims against all Defendants which he wishes to sue in this action; and directing the Clerk of Court to send Plaintiff a section 1983 Complaint Form. Signed by Magistrate Judge Joe J. Volpe on 1/16/2015.
12
01/28/2015
SECOND AMENDED COMPLAINT with Jury Demand against All Defendants filed by Bryant Anthony Billings.
13
01/28/2015
FIRST REQUEST for Production of Documents by Bryant Anthony Billings.
14
01/30/2015
ORDER directing the Clerk of the Court to prepare summons for Defendant Johnson; and directing the U.S. Marshal to serve a copy of the summons and 12 Plaintiff's Second Amended Complaint on him without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 1/30/2015.
01/30/2015
Summons Reissued as to Johnson; forwarded to USMS for service. (Text entry; no document attached.)
15
01/30/2015
PROPOSED FINDINGS AND RECOMMENDATIONS recommending Plaintiff be allowed to proceed with his claims against Defendant Johnson; recommending Plaintiff's claims against all other Defendants be DISMISSED; and recommending the Court certify that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. Objections to PRD due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 1/30/2015.
16
01/30/2015
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Counsel at Anderson, Murphy, and Hopkins has stated that he is unauthorized to accept service on behalf of Defendant Johnson. Therefore, the Clerk of the Court shall prepare summons for Defendant, and the U.S. Marshal shall personally serve a copy of the summons and 12 Plaintiff's Second Amended Complaint on him at either Baptist Health Clinic or the Pulaski County Detention Center without prepayment of fees or costs or security therefor. Signed by Magistrate Judge Joe J. Volpe on 1/30/2015.
02/02/2015
Summons Reissued as to Johnson; forwarded to USMS for service. (Text entry; no document attached.)
17
02/06/2015
MOTION for Extension of Time to File Objection as to 15 PARTIAL REPORT AND RECOMMENDATIONS by Bryant Anthony Billings.
18
02/06/2015
REQUEST for Production of Documents by Bryant Anthony Billings.(kdr) (Additional attachment(s) added on 2/9/2015: # 1 Main Document - Correct)
19
02/09/2015
NOTICE OF DOCKET CORRECTION re 18 Request for Production of Documents. CORRECTION: The original document was attached in an illegible format to the docket. The correct document was attached to docket entry 18 and is attached hereto for review by the parties.
20
02/10/2015
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to extend time an additional 10 days to file a response to the Partial Report and Recommendations 17. Signed by Magistrate Judge Joe J. Volpe on 2/10/2015.
21
02/13/2015
MOTION for Leave to Supplement 12 Second Amended Complaint by Bryant Anthony Billings.
22
02/18/2015
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying 21 Motion for Leave to File an amendment to his complaint. Plaintiff's Motion reveals he seeks to supplement his complaint as a part of his objection to the Partial Recommended Disposition. Plaintiff should file his objections rather seeking to supplement his complaint. Signed by Magistrate Judge Joe J. Volpe on 2/18/15.
23
02/20/2015
OBJECTION to 15 Report and Recommendations by Bryant Anthony Billings.
24
02/25/2015
ORDER declining to adopt 15 Partial Report and Recommendations. Plaintiff is directed to file an amended complaint within 14 days from the date of entry of this Order. The amended complaint should identify individual Pulaski County defendants and state how each defendant's actions violated plaintiff's rights. Plaintiff's claims against the Ouachita Defendants "Doe" and Reed are dismissed. Signed by Judge Susan Webber Wright on 2/25/2015.
25
03/06/2015
ANSWER to 12 Amended Complaint with Jury Demand by Johnson.
26
03/06/2015
NOTICE of Appearance by David A. Littleton on behalf of Johnson
27
03/06/2015
SUMMONS Returned Executed. Johnson served on 2/26/2015.
28
03/09/2015
Third AMENDED COMPLAINT filed by Bryant Anthony Billings. (kdr) (Docket text modified on 3/9/2015 to correct the description of the document filed, pursuant to instructions from Chambers.)
03/09/2015
NOTICE OF DOCKET CORRECTION re: 28 MOTION to File. CORRECTION: The docket text was modified to correct the description of the document filed as "Third AMENDED COMPLAINT." (Text entry; no document attached.)
29
03/11/2015
ORDER that service is appropriate for Defendants Holladay, Speer, Morgan, and Smith. The Clerk shall prepare summons and the USM shall serve Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 3/11/2015.
30
03/11/2015
PROPOSED FINDINGS AND RECOMMENDATIONS that Defendant Maxim Healthcare Services, Inc. and all "Doe" Defendants be dismissed without prejudice for failure to state a claim upon which relief may be granted 2 8 12. The Court certify, pursuant to 28 U.S.C.§ 1915(a)(3), that an in forma pauperis appeal from any order adopting these recommendations would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 3/11/2015.
03/12/2015
Summons Issued as to Doc Holladay, Randy Morgan, Shawn Smith, and Sarah Speer. (Text entry; no document attached.)
31
03/17/2015
ANSWER to 28 Amended Complaint with Jury Demand by Carl Lynn Johnson.
32
03/20/2015
MOTION for Extension of Time to File Objections re 30 PARTIAL REPORT AND RECOMMENDATIONS by Bryant Anthony Billings.
33
03/23/2015
ORDER granting 32 Motion to Extend Time. Plaintiff has until and including 4/27/2015 to file his objections to the 30 Recommended Disposition. Signed by Judge Susan Webber Wright on 3/23/2015.
34
03/23/2015
SUMMONS Returned Executed. Randy Morgan served on 3/19/2015.
35
03/23/2015
SUMMONS Returned Executed. Sarah Speer served on 3/19/2015.
36
03/25/2015
SUMMONS Returned Executed. Doc Holladay served on 3/23/2015.
37
03/30/2015
Summons Returned Unexecuted as to Shawn Smith.
38
03/30/2015
ORDER directing Plaintiff to provide a current address to effectuate service on Defendant Smith within 30 days of this order's entry. Signed by Magistrate Judge Joe J. Volpe on 3/30/2015.
39
04/01/2015
NOTICE of Appearance by David M. Fuqua on behalf of Doc Holladay, Randy Morgan, Sarah Speer
40
04/01/2015
NOTICE of Appearance by Kaylen Suzanne Lewis on behalf of Doc Holladay, Randy Morgan, Sarah Speer
41
04/01/2015
NOTICE of Appearance by Patrick L. Spivey on behalf of Doc Holladay, Randy Morgan, Sarah Speer
42
04/01/2015
ANSWER to 28 Amended Complaint by Doc Holladay, Randy Morgan, Sarah Speer.
43
04/15/2015
REQUEST for Production of Documents by Bryant Anthony Billings.
44
04/15/2015
OBJECTION to 30 Report and Recommendations by Bryant Anthony Billings.
45
04/21/2015
RESPONSE to Discovery Request by Bryant Anthony Billings.
46
04/21/2015
FIRST SET OF INTERROGATORIES and REQUESTS FOR PRODUCTION OF DOCUMENTS for Carl Lynn Johnson by Bryant Anthony Billings.
47
04/24/2015
FIRST INTERROGATORIES to Speers, Morgan and Holladay by Bryant Anthony Billings.
48
05/01/2015
ORDER adopting 30 Proposed Findings and Partial Recommended Disposition in their entirety as this Court's findings in all respects. Defendant Maxim Healthcare Services, Inc. and all Doe Defendants are dismissed without prejudice for failure to state a claim upon which relief may be granted. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order and the accompanying Judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 5/1/2015. (ks) (Docket text modified on 5/4/2015 to correct a typographical error).
49
05/07/2015
PROPOSED FINDINGS AND RECOMMENDATIONS that Defendant Shawn Smith be dismissed from this action without prejudice 12. The Court certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any order adopting these recommendations would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 5/7/2015.
50
05/13/2015
NOTICE by Doc Holladay, Randy Morgan, Sarah Speer
51
05/19/2015
AFFIDAVIT by Bryant Anthony Billings.
52
05/22/2015
NOTICE to the Court by Bryant Anthony Billings.
53
06/02/2015
FIRST REQUEST for Admissions for Defendant Carl Lynn Johnson by Bryant Anthony Billings.
54
06/02/2015
NOTICE of Service by Bryant Anthony Billings.
55
06/02/2015
MOTION for Subpoenas by Bryant Anthony Billings.
56
06/03/2015
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion for subpoenas 55. Subpoena forms will be sent to Plaintiff. He is solely responsible for any costs associated with producing the documents he seeks, as he is not entitled to have the Court pay for his discovery expenses. Signed by Magistrate Judge Joe J. Volpe on 6/3/2015.
57
06/04/2015
ORDER approving and adopting 49 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; dismissing Defendant Shawn Smith without prejudice; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 6/4/2015.
58
06/04/2015
DOCUMENT FILED IN ERROR - DISREGARD. (Docket text modified on 6/5/2015 at the request of the filing party.)
59
06/05/2015
NOTICE OF DOCKET CORRECTION re: 58 Notice. CORRECTION: The docket text was modified to indicate the document was filed in error, based on the attached correspondence.
60
06/17/2015
NOTICE of service of subpoena to produce documents, information or objects or to permit inspection of premise in civil actions by Bryant Anthony Billings
61
06/23/2015
SECOND SET OF INTERROGATORIES and Request for Production of Documents for Speer, Morgan and Holladay by Bryant Anthony Billings.
62
06/23/2015
SECOND INTERROGATORIES for Dr. Johnson by Bryant Anthony Billings.
63
07/09/2015
ANSWER to Interrogatories and Request for Production of Documents by Bryant Anthony Billings.
64
07/09/2015
RESPONSE to Pulaski County Regional Detention Facility Defendants' Request for Production of Document by Bryant Anthony Billings.
65
07/13/2015
NOTICE OF SERVICE of Third Set of Interrogatories by Bryant Anthony Billings
66
07/27/2015
NOTICE of Service of Reply to Defendant Carl L. Johnson's Discovery Response by Bryant Anthony Billings.
67
07/27/2015
NOTICE of Service of Motion to Compel by Bryant Anthony Billings.
68
07/27/2015
DECLARATION in Support of Motion to Compel by Bryant Anthony Billings.
69
07/27/2015
BRIEF IN SUPPORT of Motion to Compel Discovery Production filed by Bryant Anthony Billings.
70
07/28/2015
AMENDED NOTICE of Service of Motion to Compel by Bryant Anthony Billings.
71
07/28/2015
Letter from Bryant Anthony Billings.
72
07/28/2015
RESPONSE to County Defendants First Request for Production of Documents by Bryant Anthony Billings.
73
08/04/2015
PLAINTIFF'S FIRST REQUEST for Admissions for the County Defendants by Bryant Anthony Billings.(kdr) (Additional attachment(s) added on 8/5/2015: # 1 Main Document - Correct)
74
08/04/2015
PLAINTIFF'S SECOND REQUEST for Admissions for the Defendant Dr. Johnson by Bryant Anthony Billings.
75
08/04/2015
PLAINTIFF'S SECOND RESPONSE to Defendants' Notice and First Set of Interrogatories and Requests for Production of Documents by Bryant Anthony Billings.
76
08/04/2015
NOTICE of Service of 74 Plaintiff's Second Request for Admissions for the Defendant Dr. Carl Lynn Johnson.
77
08/05/2015
NOTICE OF DOCKET CORRECTION re 73 Plaintiff's First Request for Admissions. CORRECTION: The original document was attached in error due to a clerical mistake by the Clerk's office (wrong image file). The correct document was added to docket entry 73 and is attached hereto for review by the parties.
78
08/20/2015
PLAINTIFF'S FOURTH REQUEST for Interrogatories for the County Defendants by Bryant Anthony Billings.
79
08/27/2015
SECOND REQUEST for Admissions by Bryant Anthony Billings.
80
09/08/2015
MOTION to Amend Complaint 2 by Bryant Anthony Billings
81
09/09/2015
MOTION to Appoint Counsel by Bryant Anthony Billings.
82
09/09/2015
MEMORANDUM OF LAW IN SUPPORT of 81 Motion to Appoint Counsel filed by Bryant Anthony Billings.
83
09/09/2015
DECLARATION in Support of 81 Motion to Appoint Counsel filed by Bryant Anthony Billings.
84
09/09/2015
NOTICE of Service re 81 Motion to Appoint Counsel, 82 Memorandum of Law in Support; and 83 Declaration in Support of Plaintiff's Motion to Appoint Counsel.
85
09/09/2015
NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court.
86
09/09/2015
INITIAL SCHEDULING ORDER: Discovery due by 3/9/2016. Dispositive motions due by 4/11/2016. Defendants shall file any dispositive motions on the issue of exhaustion on or before 11/9/2015. Signed by Magistrate Judge Joe J. Volpe on 9/9/2015.
87
09/09/2015
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel 81. Plaintiff does not have a right to counsel in a civil action. Wiggins v Sargent, 753.F.2d 663, 668 (8th Cir. 1985). Despite his contentions to the contrary, Plaintiff's claims do not appear overly complex and, at this time, he appears capable of prosecuting them himself. To the extent Plaintiff finds his litigative efforts hampered by his incarceration, he may petition the Court for reasonable extensions of time. Signed by Magistrate Judge Joe J. Volpe on 9/9/2015.
88
09/18/2015
RESPONSE to Motion re 80 MOTION to Amend/Correct 2 Complaint filed by Doc Holladay, Randy Morgan, Sarah Speer.
89
09/18/2015
BRIEF IN SUPPORT re 88 Response to Motion filed by Doc Holladay, Randy Morgan, Sarah Speer.
90
09/22/2015
RESPONSE in Opposition re 80 MOTION to Amend/Correct 2 Complaint Motion to Adopt the County Defendants' Response filed by Carl Lynn Johnson.
91
09/23/2015
ORDER denying Plaintiff's motion to amend his complaint 80. Within 21 days of this order's entry, if he chooses, Plaintiff may submit a proposed amendment for review. That amendment should be fully compliant with the directions contained in this order. If Plaintiff, fails to submit a proposed amendment within that time, this suit will proceed based on his Third Amended Complaint 28. Signed by Magistrate Judge Joe J. Volpe on 9/23/2015.
92
10/14/2015
MOTION to Amend by Bryant Anthony Billings.
93
10/14/2015
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to amend 92. The Clerk shall docket the content of Plaintiff's motion to amend as the "Fourth Amended Complaint." Signed by Magistrate Judge Joe J. Volpe on 10/14/2015.
94
10/14/2015
FOURTH AMENDED COMPLAINT with Jury Demand adding Defendants C Banister, Frank Onyeokeziri, Bertha Lowe, and Doe filed by Bryant Anthony Billings.
95
10/15/2015
ORDER that the Clerk shall prepare summons and the USM shall serve Defendants Onyeokeziri, Banister, and Lowe without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 10/15/2015.
10/15/2015
Summons Issued as to Defendants C Banister, Bertha Lowe, and Frank Onyeokeziri. (Text entry; no document attached.)
96
10/15/2015
PROPOSED FINDINGS AND RECOMMENDATIONS that Defendant Jane/John Doe #1 be dismissed without prejudice 94. Plaintiff's claims for injunctive relief in his Fourth Amended Complaint be denied. The Court certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from any order adopting these recommendations would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 10/15/2015.
97
10/20/2015
ANSWER to 94 Amended Complaint with Jury Demand by Carl Lynn Johnson.
98
10/23/2015
PLAINTIFF'S FIFTH REQUEST FOR INTERROGATORIES for the County Defendants by Bryant Anthony Billings.
99
10/23/2015
PLAINTIFF'S SIXTH REQUEST FOR INTERROGATORIES for the County Defendants by Bryant Anthony Billings.
100
10/23/2015
NOTICE of Service re 98 99 Plaintiff's Fifth and Sixth Set of Interrogatories to the County Defendants with Caution Letter.
101
10/23/2015
SUMMONS Returned Executed. Frank Onyeokeziri served on 10/21/2015.
102
10/23/2015
NOTICE of Appearance by Sam Baber on behalf of Doc Holladay, Randy Morgan, Frank Onyeokeziri, Sarah Speer
103
10/26/2015
NOTICE of Appearance by Patrick L. Spivey on behalf of Frank Onyeokeziri
104
10/26/2015
NOTICE of Appearance by David M. Fuqua on behalf of Frank Onyeokeziri
105
10/26/2015
ANSWER to 94 Amended Complaint by Doc Holladay, Randy Morgan, Frank Onyeokeziri, Sarah Speer.
106
10/28/2015
MOTION for Extension of Time to File Objection as to 96 PARTIAL REPORT AND RECOMMENDATIONS by Bryant Anthony Billings.
107
10/28/2015
MOTION to Extend Time by Bryant Anthony Billings.
108
10/29/2015
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to extend time an additional 15 days to object to the Proposed Findings and Recommendations 96 106. Plaintiff's motion to extend time is denied as moot because it requests the same relief as DE #106 107. Signed by Magistrate Judge Joe J. Volpe on 10/29/2015.
109
10/29/2015
SUMMONS Returned Executed. C. Banister served on 10/27/2015.
110
10/29/2015
SUMMONS Returned Executed. Bertha Lowe served on 10/27/2015.
111
10/29/2015
SEVENTH REQUEST FOR INTERROGATORIES by Bryant Anthony Billings.
112
10/29/2015
THIRD REQUEST for Production of Documents by Bryant Anthony Billings.
113
11/04/2015
NOTICE of Appearance by David M. Fuqua on behalf of C Banister, Bertha Lowe
114
11/04/2015
NOTICE of Appearance by Patrick L. Spivey on behalf of C Banister, Bertha Lowe
115
11/04/2015
NOTICE of Appearance by Kaylen Suzanne Lewis on behalf of C Banister, Bertha Lowe
116
11/04/2015
NOTICE of Appearance by Sam Baber on behalf of C Banister, Bertha Lowe
117
11/04/2015
ANSWER to 94 Amended Complaint by C Banister, Bertha Lowe.
118
11/05/2015
MOTION for Leave to File a Supplement to Fourth Amended Complaint by Bryant Anthony Billings.
119
11/05/2015
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for leave to file supplement to fourth amended complaint 118. Plaintiff has been afforded ample opportunity to amend his previous complaints. This action will proceed based on the current complaint 94. When the time is appropriate, Plaintiff may rely on the exhibits in question to motion for or defend against summary judgment. It is unnecessary to append them to the complaint at this time. Signed by Magistrate Judge Joe J. Volpe on 11/5/2015.
120
11/09/2015
NOTICE to the Court by Bryant Anthony Billings.
121
11/09/2015
MOTION to Appoint Custodian, MOTION for Summary Judgment () by C Banister, Doc Holladay, Bertha Lowe, Randy Morgan, Frank Onyeokeziri, Sarah Speer
122
11/09/2015
STATEMENT OF FACTS (Local Rule 56.1) re 121 Motion to Appoint Custodian, Motion for Summary Judgment filed by C Banister, Doc Holladay, Bertha Lowe, Randy Morgan, Frank Onyeokeziri, Sarah Speer. (Redacted documents substituted on 11/30/2015 in the same order originally submitted, pursuant to 132 Order.): # 3 Exhibit 2 - Affidavit of James Pratt - Redacted, # 4 Exhibit 1- Affidavit of Nancy Brawley - Redacted.
123
11/09/2015
BRIEF IN SUPPORT re 121 Motion to Appoint Custodian, Motion for Summary Judgment filed by C Banister, Doc Holladay, Bertha Lowe, Randy Morgan, Frank Onyeokeziri, Sarah Speer.
124
11/10/2015
Deficiency Letter from Clerk of Court notifying party that 121 Motion to Appoint Custodian, Motion for Summary Judgment lacks an attorney's signature, address, telephone number, Bar number, and email address (General Order 53).
125
11/10/2015
MOTION to Amend/Correct by C Banister, Doc Holladay, Bertha Lowe, Randy Morgan, Frank Onyeokeziri, Sarah Speer
126
11/10/2015
MOTION for Summary Judgment by C Banister, Doc Holladay, Bertha Lowe, Randy Morgan, Frank Onyeokeziri, Sarah Speer
127
11/11/2015
MOTION for Summary Judgment Motion to Adopt by Carl Lynn Johnson
128
11/12/2015
NOTICE OF SERVICE of physical assessment form submitted as pltf's exhibit #7, to the county defts
129
11/12/2015
NOTICE OF SERVICE upon deft Carl Johnson of Affidavit submitted as pltf's exhibit #22
130
11/12/2015
OBJECTION to 96 Report and Recommendations by Bryant Anthony Billings
131
11/18/2015
ORDER adopting 96 Proposed Findings and Recommendations in their entirety as this Court's findings in all respects. Defendant Jane/John Doe # 1 is DISMISSED without prejudice. Plaintiff's claim for injunctive relief in his 94 Fourth Amended Complaint is DENIED. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 11/18/2015.
132
11/30/2015
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Defendants' motion to amend/correct 125. DE #122-1 and #122-2 shall be replaced with the redacted versions which Defendants have provided to the Clerk. Signed by Magistrate Judge Joe J. Volpe on 11/30/2015.
133
12/03/2015
PROPOSED FINDINGS AND RECOMMENDATIONS that the Clerk shall alter the docket to reflect that Defendant "C. Banister" is "Canera Banister." Defendant Johnson's motion to adopt and Defendants' motion for summary judgment be granted in all respects save their requests for a with prejudice dismissal of this action 126 127. Defendants Johnson, Holladay, Speer, Morgan, Banister, Onyeokeziri, and Lowe be dismissed without prejudice due to Plaintiff's failure to exhaust administrative remedies. Defendants' motion to appoint custodian, motion for summary judgment be denied as moot 121. The Court certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from an order adopting these recommendations would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 12/3/2015.
134
12/07/2015
MOTION for Clerk's Extension of Time by Bryant Anthony Billings
135
12/14/2015
MOTION to Extend Time by Bryant Anthony Billings.
136
12/15/2015
ORDER granting 135 Motion to Extend Time. Plaintiff has until and including January 6, 2016, in which to file any objections. Signed by Judge Susan Webber Wright on 12/15/2015.
137
01/08/2016
OBJECTION to 133 Report and Recommendations by Bryant Anthony Billings.
138
01/20/2016
ORDER the Court declines to adopt the 133 Proposed Findings and Recommended Disposition; the Court finds plaintiff's objections are an untimely response to the motion for summary judgment 127 ; the Court directs the Magistrate Judge to reconsider the motion for summary judgment in light of plaintiff's objections. Signed by Judge Susan Webber Wright on 1/20/16.
139
01/21/2016
ORDER OF REFERRAL referring case to Magistrate Judge Joseph J. Volpe for reconsideration and further proceedings and recommendation. Signed by Judge Susan Webber Wright on 1/21/2016.
140
01/21/2016
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: This matter has been referred back to me based on Plaintiff's objections raising new facts material to the exhaustion question 137. Defendants, may reply to these facts by 2/3/2016. If Defendants reply, Plaintiff may have until 2/17/2016, to have the last word on the question of exhaustion. Signed by Magistrate Judge Joe J. Volpe on 1/21/2016.
141
02/03/2016
REPLY to Response to Motion re 126 MOTION for Summary Judgment filed by C Banister, Doc Holladay, Carl Lynn Johnson, Bertha Lowe, Randy Morgan, Frank Onyeokeziri, Sarah Speer.
142
02/04/2016
REPLY to Response to Motion re 127 MOTION for Summary Judgment Motion to Adopt filed by Carl Lynn Johnson.
143
02/10/2016
THIRD REQUEST for Admissions by Bryant Anthony Billings.
144
02/17/2016
PLAINTIFF'S REPLY to Reply re 127 Motion for Summary Judgment filed by Bryant Anthony Billings.
145
02/19/2016
MOTION to Withdraw as Attorney by C Banister, Doc Holladay, Bertha Lowe, Randy Morgan, Frank Onyeokeziri, Sarah Speer
146
02/22/2016
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER terminating 134 Motion to Extend Time. Signed by Magistrate Judge Joe J. Volpe on 2/22/16.
147
02/26/2016
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Defendants' motion to withdraw attorney Kaylen Suzanne Lewis 145. Signed by Magistrate Judge Joe J. Volpe on 2/26/2016.
148
02/29/2016
PROPOSED FINDINGS AND RECOMMENDATIONS that the Clerk shall alter the docket to reflect Defendant "C. Banister" is "Canera Banister." Defendant Johnson's motion to adopt and Defendants' motion for summary judgment be granted in all respects save their requests for a with prejudice dismissal of this action 126 127. Plaintiff's claims against Johnson, Holladay, Speer, and Morgan, Banister, Onyeokeziri, and Lowe be dismissed without prejudice. Defendants' motion to appoint custodian, motion for summary judgment be denied as moot 121. The Court certify, pursuant to 28 U.S.C. § 1915 (a)(3), that an in forma pauperis appeal from an order adopting these recommendations would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 2/29/2016.
149
03/10/2016
MOTION to Extend Time by Bryant Anthony Billings.
150
03/15/2016
ORDER granting 149 Motion to Extend Time to file objections to the proposed findings and recommendations until 4/12/16. Signed by Judge Susan Webber Wright on 3/15/16. (tjb) (Additional attachment(s) added on 3/16/2016: # 2 Main Document - Correct)
151
03/16/2016
MOTION for Copies by Bryant Anthony Billings.
152
03/16/2016
NOTICE OF DOCKET CORRECTION re 150 Order. CORRECTION: The original document was attached in error due to a clerical mistake by the Clerk's office (wrong image file). The correct document was added to docket entry 150 and is attached hereto for service on the parties.
153
03/21/2016
ORDER denying 151 motion for a copy of docket sheet. Signed by Judge Susan Webber Wright on 03/21/2016.
154
04/06/2016
OBJECTION to 148 Proposed Findings and Recommendations by Bryant Anthony Billings.
155
04/06/2016
DECLARATION IN SUPPORT of 154 Objection to Report and Recommendations filed by Bryant Anthony Billings.
156
04/06/2016
MOTION to Extend Time by Bryant Anthony Billings.
157
04/07/2016
REPLY re 154 Objection to Report and Recommendations, 155 Brief in Support by Carl Lynn Johnson.
158
04/12/2016
RESPONSE re 157 Reply (Non Motion) by Bryant Anthony Billings.
159
04/21/2016
ORDER adopting the Proposed Findings and Recommended Disposition submitted by United States Magistrate Judge Joe J. Volpe 148 ; the Clerk is directed to alter the docket to reflect defendant "C. Banister" as "Canera Banister"; defendant Carl Lynn Johnson's motion to adopt 127 and defendants' motion for summary judgment 126 is granted in all respects save their requests for a with prejudice dismissal of this action; plaintiff's claims against Carl Lynn Johnson, Doc Holladay, Sarah Speer, Randy Morgan, Canera Banister, Frank Onyeokeziri, and Bertha Lowe are dismissed without prejudice; defendants' motion to appoint custodian, motion for summary judgment 121 and motion for extension of time 156 are denied as moot; the Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Susan Webber Wright on 4/21/16.
160
04/21/2016
JUDGMENT consistent with the Order that was entered on this day it is ordered that this case is dismissed without prejudice; the Court certifies that an in forma pauperis appeal from this Judgment and the corresponding Order would not be taken in good faith 159. Signed by Judge Susan Webber Wright on 4/21/16.
161
05/18/2016
MOTION to Alter Judgment by Bryant Anthony Billings.
162
05/19/2016
MOTION for Leave to Appeal in forma pauperis, by Bryant Anthony Billings.
163
05/19/2016
NOTICE OF APPEAL as to 159 Order and 160 Judgment, by Bryant Anthony Billings.
164
05/24/2016
MOTION to Amend 94 Fourth Amended Complaint by Bryant Anthony Billings.
165
05/24/2016
EXHIBIT (Proposed Fifth Amended Complaint) re 164 Motion to Amend filed by Bryant Anthony Billings. (fcd) (Docket text modified on 5/24/2016 to correct the description of the document filed.)
05/24/2016
NOTICE OF DOCKET CORRECTION re: 165 Amended Complaint. CORRECTION: The docket entry was modified to establish linkage and correct the description of the document filed as "EXHIBIT (Proposed Fifth Amended Complaint) re 164 Motion to Amend." (Text entry; no document attached.)
166
05/25/2016
ORDER denying 162 Motion for Leave to Appeal in forma pauperis. If Plaintiff wishes to proceed with his appeal, he must either pay the $505 appellate filing fee to this Court or file an Application to Proceed In Forma Pauperis on Appeal with the Eighth Circuit Court of Appeals. Plaintiff must do so on or before June 24, 2016. Plaintiff's 161 Motion to Alter Judgment and 164 Motion to Amend/Correct are also denied. Signed by Judge Susan Webber Wright on 5/25/2016.
167
05/25/2016
NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to Bryant Anthony Billings re 163 Notice of Appeal, 160 Judgment, 159 Order.
168
06/02/2016
USCA Docketing Letter as to 163 Notice of Appeal filed by Bryant Anthony Billings. USCA Case Number 16-2532.
169
06/02/2016
ORDER of USCA as to 163 Notice of Appeal filed by Bryant Anthony Billings: The $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to pay the fee in the district court or file a motion to proceed in forma pauperis in this court within 28 days of this order.
170
06/02/2016
ORDER of USCA: The Clerk of the United States District Court is requested to forward to the Eighth Circuit Court of Appeals forthwith any portions of the original record which are not available in an electronic format as to 163 Notice of Appeal filed by Bryant Anthony Billings.
171
07/08/2016
USCA JUDGMENT as to 163 Notice of Appeal filed by Bryant Anthony Billings: Appellant has not responded to the court's order entered 6/2/2016. This appeal is dismissed for failure to prosecute. The full $505 appellate filing and docketing fees are assessed against the appellant. The court remands the assessment and collection of those fees to the district court.
172
07/08/2016
MANDATE of USCA in accordance with the judgment of 07/08/2016, as to 163 Notice of Appeal filed by Bryant Anthony Billings.
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