Case details

Court: ared
Docket #: 5:02-cv-00038
Case Name: Ashley v. Toney, et al
PACER case #: 50787
Date filed: 2002-01-30
Date terminated: 2004-12-16
Assigned to: Judge James M. Moody
Case Cause: 42:1983 Prisoner Civil Rights
Nature of Suit: 555 Prison Condition: Civil Rights
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Ricky Ashley
Plaintiff
#10110-12
Ricky Ashley
#10110-12 13700 Chicot Road Lot #6 Mabelvale, AR 72103 PRO SE

Adam Heath Abshure
Arkansas Securities Department Heritage West Building 201 East Markham Suite 300 Little Rock, AR 72201-1692 501-353-4579 Email: habshure@securities.arkansas.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beth M. Deere
U. S. District Court Eastern District of Arkansas 600 West Capitol Avenue Room A149 Little Rock, AR 72201 501-604-5110
TERMINATED: 08/09/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rick Toney
Defendant
Warden, Varner Super Max, ADC
Chilesa Jones Ready
Arkansas Attorney General's Office Catlett-Prien Tower Building 323 Center Street Suite 200 Little Rock, AR 72201-2610 (501) 682-1315
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine Anne Donoven
Arkansas Department of Education Four Capitol Mall Box 30 Little Rock, AR 72201 501-682-4983
TERMINATED: 06/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle Banks Odum
Humphries, Odum & Eubanks Post Office Box 20670 White Hall, AR 71612 870-247-7035 Fax: 870-247-7459 Email: michelle@humphrieslaw.net
TERMINATED: 04/12/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Larry Norris
Defendant
Director, Arkansas Department of Correction
Chilesa Jones Ready
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine Anne Donoven
(See above for address)
TERMINATED: 06/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle Banks Odum
(See above for address)
TERMINATED: 04/12/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ray Hobbs
Defendant
Deputy Director, Arkansas Department of Correction
Chilesa Jones Ready
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine Anne Donoven
(See above for address)
TERMINATED: 06/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle Banks Odum
(See above for address)
TERMINATED: 04/12/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert Clark
Defendant
Administrator, Arkansas Department of Correction
Chilesa Jones Ready
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine Anne Donoven
(See above for address)
TERMINATED: 06/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle Banks Odum
(See above for address)
TERMINATED: 04/12/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jimmy Wayne Via, Jr
Defendant
Captain, Varner Super Max, ADC
Chilesa Jones Ready
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine Anne Donoven
(See above for address)
TERMINATED: 06/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle Banks Odum
(See above for address)
TERMINATED: 04/12/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Harris
Defendant
Correctional Officer, Varner Unit
Chilesa Jones Ready
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine Anne Donoven
(See above for address)
TERMINATED: 06/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

King
Defendant
Correctional Officer, Varner Unit
Chilesa Jones Ready
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine Anne Donoven
(See above for address)
TERMINATED: 06/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Banks
Defendant
Assistant Warden, Varner Super Max, ADC (originally sued as J.T. Banks)
Chilesa Jones Ready
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine Anne Donoven
(See above for address)
TERMINATED: 06/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle Banks Odum
(See above for address)
TERMINATED: 04/12/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Whaley
Defendant
Major, Varner Super Max, ADC (originally sued as Whaley)
Chilesa Jones Ready
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine Anne Donoven
(See above for address)
TERMINATED: 06/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle Banks Odum
(See above for address)
TERMINATED: 04/12/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Smith
Defendant
Correctional Officer, Varner Unit
Chilesa Jones Ready
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine Anne Donoven
(See above for address)
TERMINATED: 06/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Teresa Myers
Defendant
Correctional Officer, Varner Unit (originally sued as Myers)
Chilesa Jones Ready
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Katherine Anne Donoven
(See above for address)
TERMINATED: 06/21/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michelle Banks Odum
(See above for address)
TERMINATED: 04/12/2004 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beth M Deere
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2002-01-30 1 0 MOTION by Ricky Ashley to proceed in forma pauperis (pag) (Entered: 01/30/2002)
2002-01-30 2 0 COMPLAINT with jury demand (pag) (Entered: 01/30/2002)
2002-02-21 3 0 MOTION by plaintiff for writ of mandamus (bmt) (Entered: 02/25/2002)
2002-02-28 4 0 MEMORANDUM AND ORDER by Judge Stephen M. Reasoner denying motion to proceed in forma pauperis [1-1]; should pltf wish to continue his case, he shall submit the statutory filing fee of $150 w/in 10 days of the date of this order, along with a motion to reopen the case; case is dism w/o prej; judgment shall be entered accordingly (cc: all counsel) (bmt) (Entered: 02/28/2002)
2002-02-28 5 0 JUDGMENT: by Judge Stephen M. Reasoner purs to the Memorandum and Order entered this date, case is dism w/o prej; the requested relief is denied (cc: all counsel) (bmt) (Entered: 02/28/2002)
2002-02-28 6 0 MOTION by plaintiff for District Court to return active legal materials (bmt) (Entered: 03/01/2002)
2002-03-25 7 0 MOTION by plaintiff Ricky Ashley for leave to appeal in forma pauperis (dac) (Entered: 04/03/2002)
2002-03-25 8 0 NOTICE of appeal by plaintiff Ricky Ashley from District Court decision [4-1], [5-2] cc: counsel) (dac) (Entered: 04/03/2002)
2002-04-15 9 0 ORDER by Judge Stephen M. Reasoner denying motion for leave to appeal in forma pauperis [7-1] It Is Further Ordered that within 30 days from the date of this Order, plaintiff shall either pay to this Court the full $105.00 filing and docketing fees or file with the Court of Appeals an application to proceed IFP (cc: parties) (dac) (Entered: 04/16/2002)
2002-06-27 10 0 JUDGMENT (8 USCA) petition for writ of mandamus is dismissed (dac) (Entered: 06/27/2002)
2002-07-09 11 0 MOTION by plaintiff Ricky Ashley for copy of district court record (jap) (Entered: 07/11/2002)
2002-07-09 12 0 MOTION by plaintiff Ricky Ashley for leave to file amended complaint (jap) (Entered: 07/11/2002)
2002-08-02 13 0 ORDER by Judge Stephen M. Reasoner denying motions for District Court to return active legal materials [6-1] [11-1] and for leave to file amended complaint [12-1] (cc: all counsel) (bmt) (Entered: 08/05/2002)
2002-08-14 14 0 MOTION by plaintiff Ricky Ashley for relief from order (dac) Modified on 12/02/2002 (Entered: 08/14/2002)
2002-08-20 15 0 MANDATE from 8 USCA we grant IFP status on appeal and remand the case for further proceedings, with directions that Ashley be permitted to file his complaint under section 1915 without paying the full filing fee up front, and that the District Court consider Ashley's previously filed mandamus petition and postjudgment motion related to the confiscation of his legal materials. (dac) (Entered: 08/20/2002)
2002-09-26 16 0 MOTION by plaintiff to stay proceedings (bmt) (Entered: 09/27/2002)
2002-11-14 17 0 ORDER by Judge Stephen M. Reasoner case referred to Mag. Judge Henry L. Jones Jr. for recommended disposition ; purs to the Mandate filed 8/20/02, the Magistrate is directed to permit pltf to file his complt under section 1915 w/o paying the full filing fee up front; the Magistrate is further directed to consider pltf's previously filed Mandamus petn and postjudgment motion related to the confiscation of his legal materials in accordance with the 8/20/02 mandate and to investigate the allegations that this Judge directed to ADC to confiscate pltf's legal materials (cc: all counsel) (bmt) (Entered: 11/15/2002)
2002-11-18 18 0 NOTICE of filing petition for a writ of certiorari with Supreme Court #02-7070 (dac) (Entered: 11/18/2002)
2002-11-19 19 0 MOTION by plaintiff to alter or amend judgment (bmt) (Entered: 11/21/2002)
2002-11-25 20 0 ORDER (8 USCA) petition for writ of mandamus is denied (dac) (Entered: 11/25/2002)
2002-11-29 21 0 ORDER by Mag. Judge Henry L. Jones Jr. granting motion to proceed in forma pauperis [1-1]; the Dir of the ADC shall collect from pltf's prison trust account an initial partial filing fee in the amount of $1.83 and shall forward the amount to the clerk; thereafter, the Dir shall collect the $148.17 balance of the filing fee by collecting monthly payments from the account in an amount equal to 20% of the preceding month's income; service is appropriate for defts Rick Toney, Larry Norris, Ray Hobbs, Robert Clark, J T Banks, Major Whaley and Captain Jimmy Via, Jr; the clerk shall prepare summons for the defts and the US Marshal is directed to serve a copy of the complt and summons on each deft w/o prepayment of fees and costs; defts shall resp to the issues raised in pltf's Mandamus Petition [10-1] and post-judgment motions [11-1] [16-1] w/in 10 days of the date of service; denying motion for relief from order [14-1] (cc: all counsel) (bmt) (Entered: 12/02/2002)
2002-12-05 22 0 SECOND MOTION by plaintiff for writ of mandamus (bmt) (Entered: 12/06/2002)
2002-12-05 23 0 MOTION by plaintiff for an order requesting the Justice Department to conduct the investigation of pltf's active legal material being illegally confiscated by defts under orders made by District Judge Reasoner off the record to hamper current litigations (bmt) (Entered: 12/06/2002)
2002-12-05 24 0 MOTION by plaintiff for recusal of District Judge Stephen M Reasoner (bmt) (Entered: 12/06/2002)
2002-12-06 25 0 MOTION by plaintiff to amend complt (bmt) (Entered: 12/06/2002)
2002-12-10 26 0 LETTER to court from plaintiff (bmt) (Entered: 12/10/2002)
2002-12-10 27 0 MOTION by plaintiff for a copy of proceedings (bmt) (Entered: 12/10/2002)
2002-12-16 28 0 MOTION by plaintiff for leave to file amended complt (bmt) (Entered: 12/16/2002)
2002-12-23 29 0 MOTION by defendants to extend time in which to resp to pltf's petn for writ of mandamus (bmt) Modified on 09/19/2003 (Entered: 12/24/2002)
2002-12-30 30 0 RETURN OF SERVICE executed upon defendant Rick Toney on 12/11/02 (bmt) (Entered: 12/31/2002)
2002-12-30 31 0 RETURN OF SERVICE executed upon defendant Larry Norris on 12/11/02 (bmt) (Entered: 12/31/2002)
2002-12-30 32 0 RETURN OF SERVICE executed upon defendant Ray Hobbs on 12/11/02 (bmt) (Entered: 12/31/2002)
2002-12-30 33 0 RETURN OF SERVICE executed upon defendant Jimmy Wayne Via Jr on 12/11/02 (bmt) (Entered: 12/31/2002)
2002-12-30 34 0 RETURN OF SERVICE executed upon defendant Robert Clark on 12/11/02 (bmt) (Entered: 12/31/2002)
2002-12-30 35 0 RETURN OF SERVICE executed upon defendant J T Banks on 12/11/02 (bmt) Modified on 09/19/2003 (Entered: 12/31/2002)
2002-12-30 36 0 RETURN OF SERVICE executed upon defendant Whaley on 12/11/02(bmt) Modified on 09/19/2003 (Entered: 12/31/2002)
2002-12-31 37 0 MOTION by defendants to dismiss (bmt) Modified on 09/19/2003 (Entered: 01/02/2003)
2002-12-31 38 0 BRIEF by defendants in support of motion to dismiss [37-1] (bmt) Modified on 09/19/2003 (Entered: 01/02/2003)
2003-01-08 39 0 ORDER by Judge Stephen M. Reasoner granting motion to extend time in which to resp to pltf's petn for writ of mandamus until 1/13/03 [29-1] [22-1] [10-1] (cc: all counsel) (bmt) (Entered: 01/09/2003)
2003-01-09 40 0 RESPONSE by plaintiff to motion to dismiss [37-1] and brief in support (bmt) (Entered: 01/09/2003)
2003-01-13 41 0 ANSWER by defendants to motions for writ of mandamus [3-1] [22-1] (bmt) Modified on 09/19/2003 (Entered: 01/14/2003)
2003-01-13 42 0 BRIEF by defendants in support of answer to pltf's motions for writ of mandamus [41-1] (bmt) Modified on 09/19/2003 (Entered: 01/14/2003)
2003-01-15 43 0 ORDER by Judge Stephen M. Reasoner the Court has no objection to Pltf's request for the Justice Dept to conduct an investigation into Pltf's allegations that his active legal materials are being illegally confiscated by Defts under orders made by this Judge; granting motion for recusal of said judge [24-1] (cc: all counsel) (bmt) Modified on 09/23/2003 (Entered: 01/16/2003)
2003-01-17 44 0 ORDER OF TRANSFER (DOC) case reassigned to the docket of Judge James M. Moody (cc: all counsel) (bmt) (Entered: 01/17/2003)
2003-01-29 45 0 MOTION by plaintiff to recuse Judge Moody from proceeding (tjj) (Entered: 01/29/2003)
2003-01-31 46 0 BRIEF by plaintiff in support of petition for preliminary injunction, restraining Order and/or motion for protective order (tjj) (Entered: 02/03/2003)
2003-02-04 47 0 LETTER to court from Supreme Court, the petition for a writ of certiorari is denied (dac) Modified on 02/20/2003 (Entered: 02/06/2003)
2003-02-05 48 0 NOTICE by plaintiff of filing Notification of Return of Legal Materials (tjj) Modified on 02/20/2003 (Entered: 02/05/2003)
2003-02-05 49 0 ORDER by Mag. Judge Henry L. Jones Jr. this matter is before the Court on several pending motions filed by the pltf [19-1] [22-1] [23-1] [25-1] [27-1] [28-1] [45-1] and on defts' motion to dismiss [37-1]; because of the nature of the pending motions, the Court finds that appointment of counsel for pltf would be beneficial to this Court; the Court will hold in abeyance ruling on the pending motions and will appoint counsel to represent pltf by separate Order (cc: all counsel) (tjj) (Entered: 02/06/2003)
2003-02-07 50 0 BRIEF by plaintiff in support of motion for partial summary judgment [50-1] and motion for preliminary injunction [50-2] and/or motion for temporary restraining order [50-3] (tjj) Modified on 02/21/2003 (Entered: 02/07/2003)
2003-02-11 51 0 MOTION by defendants to extend time to respond to pltf's motion for partial summary judgment and for an order to cease pltf from filing (tjj) Modified on 09/19/2003 (Entered: 02/21/2003)
2003-02-13 52 0 OBJECTIONS by plaintiff to appointment of counsel [49-1] (tjj) Modified on 02/20/2003 (Entered: 02/13/2003)
2003-02-13 53 0 MOTION by plaintiff for recusal of Magistrate Judge Henry L. Jones, Jr. (tjj) Modified on 02/20/2003 (Entered: 02/13/2003)
2003-02-13 54 0 MOTION by plaintiff for order scheduling speedy pretrial conference (tjj) Modified on 02/20/2003 (Entered: 02/13/2003)
2003-02-19 55 0 ORDER by Mag. Judge Henry L. Jones Jr. the Court previously determined that appointment of counsel would be beneficial to the Court and pltf [49-1]; Beth M. Deere is appointed to represent the pltf in all further proceedings; the Clerk is directed to send counsel a copy of this Order and Local Rule 83.7; the Clerk shall also forward a copy of the file to counsel immediately; counsel shall file a response to the defts' motion to dismiss [37-1] within 45 days (cc: all counsel) (tjj) Modified on 02/21/2003 (Entered: 02/20/2003)
2003-02-19 56 0 ORDER by Mag. Judge Henry L. Jones Jr. pltf has been appointed counsel by the Court's 2/5/03 order; in light of the decision to appoint counsel, the Court directs the Clerk to refuse to accept any future pro se filings by the pltf, unless they relate to the appointment of counsel (cc: all counsel) (tjj) Modified on 02/21/2003 (Entered: 02/20/2003)
2003-02-27 57 0 NOTICE of appeal (pro se) by plaintiff Ricky Ashley from District Court decision [55-1] (cc: counsel) (dac) (Entered: 03/07/2003)
2003-02-28 58 0 MEMORANDUM and ORDER by Judge James M. Moody denying pltf's motions for partial summary judgment [50-1], for preliminary injunction [50-2], for temporary restraining order [50-3], for recusal of Magistrate Judge Henry L. Jones, Jr. [53-1] and motion for order scheduling speedy pretrial conference [54-1], also finding defts' motions to extend time to respond to pltf's motion for partial summary judgment [51-1] moot and motion for an order to cease pltf from filing [51-2] moot (cc: all counsel) (tjj) Modified on 03/07/2003 (Entered: 03/03/2003)
2003-03-10 59 0 JUDGMENT (8 USCA) petition for writ of mandamus is denied (dac) (Entered: 03/10/2003)
2003-03-17 60 0 NOTICE of Appeal Filing Fee Issued as to plaintiff Ricky Ashley Filing Fee/IFP mot ddl set for 4/16/03 for Ricky Ashley (cc: all local counsel) (dac) (Entered: 03/17/2003)
2003-03-17 61 0 SCHEDULING ORDER (DOC) ; jury trial set for 9:15 1/26/04 in Pine Bluff; discovery due 11/27/03 ; status report due 11/27/03 ; pretrial info sheet due 1/6/04 jy instr due 1/19/04; list due mtn filing ddl 1/12/04 (cc: all counsel) (dac) (Entered: 03/17/2003)
2003-03-25 62 0 MOTION by plaintiff Ricky Ashley for leave to appeal in forma pauperis (dac) (Entered: 03/26/2003)
2003-04-01 63 0 ORDER by Judge James M. Moody granting motion for leave to appeal in forma pauperis [62-1] Plaintiff's present custodian, the Director of the ADC and any future custodians, shall collect monthly payments from plaintiff's prison trust account until the $105 appeal fees are paid (cc: all counsel) (dac) (Entered: 04/02/2003)
2003-04-07 64 0 MOTION by plaintiff Ricky Ashley to extend time to 4/21/03 to respond to motion to dismiss (dac) (Entered: 04/08/2003)
2003-04-15 65 0 ORDER by Judge James M. Moody granting motion to extend time to 4/21/03 to respond to motion to dismiss [64-1] (cc: all counsel) (dac) (Entered: 04/15/2003)
2003-04-21 66 0 MOTION by plaintiff Ricky Ashley to amend complaint (dac) (Entered: 04/22/2003)
2003-04-21 67 0 BRIEF by plaintiff Ricky Ashley in support of motion to amend complaint [66-1], motion response [66-1] (dac) (Entered: 04/22/2003)
2003-05-27 68 0 MANDATE from 8 USCA appellant's appeal from the denial of his motion for partial summary judgment and preliminary injunction and/or TRO and his motion for recusal of the magistrate judge, as well as the appeal from the grant of appointment of counsel, are dismissed for lack of jurisdiction, as these orders are not final appealable orders. [57-1] (dac) (Entered: 05/29/2003)
2003-06-16 69 0 Partial Recommended Disposition by Mag. Judge Henry L. Jones Jr. recommending pltf's motion to amend complaint [66-1] be granted; defts' motion to dismiss be denied [37-1]; pltf's pro se motions to amend [25-1] [27-1], to stay [16-1] to alter/amend judgment [19-1], for mandamus relief [22-1] and for a justice department investigation [23-1] be denied as moot; further ordering pltf's motions for a copy [27-1] and to recuse Judge Moody [45-1] be denied (tjj) (Entered: 06/16/2003)
2003-06-24 70 0 MOTION by defendants for continuance of trial (tjj) Modified on 09/19/2003 (Entered: 06/25/2003)
2003-06-27 71 0 ORDER by Judge James M. Moody adopting Partial Recommended Disposition [69-1]; pltf's motion to amend is granted [66-1]; defts' motion to dismiss [37-1] is denied; pltf's pro se motions to amend [25-1] [28-1], to stay [16-1], to alter/amend judgment [19-1], for mandamus relief [22-1] and for a justice department investigation [23-1] are denied as moot; it is further ordered that pltf's motions for a copy [27-1] and to recuse Judge Moody [45-1] are denied (cc: all counsel) (tjj) (Entered: 06/30/2003)
2003-07-02 72 0 MOTION by defendants for enlargement of time to respond to the Recommended Disposition (tjj) Modified on 09/19/2003 (Entered: 07/03/2003)
2003-07-07 73 0 ORDER by Mag. Judge Henry L. Jones Jr. granting motion for enlargement of time to respond to the Recommended Disposition [72-1] until 7/18/03 (cc: all counsel) (tjj) (Entered: 07/07/2003)
2003-07-11 74 0 FIRST AMENDED complaint [2-1] by plaintiff with jury demand; adding defts Myers, Harris, Smith and King (tjj) Modified on 09/19/2003 (Entered: 07/14/2003)
2003-07-18 75 0 AMENDED FINAL SCHEDULING ORDER (DOC); jury trial set for 9:15 a.m. the week of 5/24/04 in Pine Bluff; discovery due 3/25/04; pretrial info sheet due 5/4/04 (cc: all counsel) (lej) (Entered: 07/18/2003)
2003-07-24 76 0 MOTION by defts Jimmy Wayne Via Jr, Whaley, J T Banks, Robert Clark, Ray Hobbs, Larry Norris and Rick Toney to dismiss (tjj) Modified on 09/19/2003 (Entered: 07/25/2003)
2003-07-24 77 0 BRIEF by defts Jimmy Wayne Via Jr, Whaley, J T Banks, Robert Clark, Ray Hobbs, Larry Norris and Rick Toney in support of motion to dismiss [76-1] (tjj) Modified on 09/19/2003 (Entered: 07/25/2003)
2003-07-24 78 0 ORDER by Mag. Judge Henry L. Jones Jr. the defts have answered and indicated their correct or complete names; the Clerk is directed to change the style of the cases to indicate the correct names of the defts (cc: all counsel) (tjj) (Entered: 07/25/2003)
2003-08-05 79 0 ORDER by Mag. Judge Henry L. Jones Jr. by Order dated 6/27/03 this Court granted pltf's motion to file a first amended complaint [71-1]; in his amended complaint pltf added 4 defts, Correctional Officers Myers, Smith, Harris and King [74-1]; it is therefore ordered that service is appropriate for defts Myers, Smith, Harris and King; the Clerk of the Court is directed to prepare summons for the defts and the US Marshal is directed to serve a copy of the amended complaint and summons on defts without fees or costs or prepayment therefor (cc: all counsel) (tjj) (Entered: 08/05/2003)
2003-08-11 80 0 MOTION by plaintiff to extend time to respond to second motion to dismiss (bkj) (Entered: 08/11/2003)
2003-08-12 81 0 ORDER by Judge James M. Moody granting pltf's motion to extend time to respond to second motion to dismiss [80-1] [76-1] until 8/15/03 (cc: all counsel) (tjj) (Entered: 08/13/2003)
2003-08-15 82 0 RESPONSE by plaintiff to motion to dismiss [76-1] (tjj) (Entered: 08/18/2003)
2003-08-15 83 0 BRIEF by plaintiff in support of motion response [82-1] (tjj) (Entered: 08/18/2003)
2003-08-22 84 0 RETURN OF SERVICE unexecuted - attempted as to defendant Smith (tjj) (Entered: 08/25/2003)
2003-08-22 85 0 RETURN OF SERVICE executed upon defendant Myers on 8/11/03 (tjj) Modified on 09/19/2003 (Entered: 08/25/2003)
2003-08-22 86 0 RETURN OF SERVICE unexecuted - attempted as to defendant King (tjj) (Entered: 08/25/2003)
2003-08-22 87 0 RETURN OF SERVICE unexecuted - attempted as to defendant Harris (tjj) (Entered: 08/25/2003)
2003-08-29 88 0 MOTION by deft Myers to dismiss amended complaint (tjj) Modified on 09/19/2003 (Entered: 09/02/2003)
2003-08-29 89 0 RESPONSE by plaintiff to deft Myers' motion to dismiss amended complaint [88-1] (tjj) (Entered: 09/02/2003)
2003-09-09 90 0 ORDER by Mag. Judge Henry L. Jones Jr. deft Teresa Myers has answered and supplied her correct or complete name; the Clerk is directed to change the style of the case to correct the name of the deft (cc: all counsel) (tjj) Modified on 09/19/2003 (Entered: 09/10/2003)
2003-09-12 91 0 ORDER by Mag. Judge Henry L. Jones Jr. defts' motions to dismiss [76-1] [88-1] shall be construed as motions for summary judgment; the parties shall file any additional documents, briefs, and affidavits relevant to their particular positions within 15 days of the date of this Order (cc: all counsel) (tjj) Modified on 09/17/2003 (Entered: 09/15/2003)
2003-09-26 92 0 SUPPLEMENTAL RESPONSE by plaintiff to defts' motion to dismiss or for summary judgment [88-1] [76-1] (tjj) (Entered: 09/26/2003)
2003-09-29 93 0 REPLY by defendants to pltf's supplemental response to motion to dismiss amended complaint [88-1] [76-1] (tjj) (Entered: 09/30/2003)
2003-10-01 94 0 MOTION by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, James Banks, John Whaley, and Teresa Myers for protective order (tjj) (Entered: 10/02/2003)
2003-10-01 95 0 BRIEF by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, James Banks, John Whaley and Teresa Myers in support of motion for protective order [94-1] (tjj) (Entered: 10/02/2003)
2003-10-14 96 0 SUPPLEMENT TO MOTION by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, James Banks, John Whaley and Teresa Myers for protective order (tjj) Modified on 10/29/2003 (Entered: 10/15/2003)
2003-10-15 97 0 RESPONSE by plaintiff to motion for protective order [94-1] (tjj) (Entered: 10/16/2003)
2003-10-20 98 0 ORDER by Mag. Judge Henry L. Jones Jr. granting defts' motion for protective order [96-1]; discovery shall be stayed until this Court issues a ruling on defts' motions to dismiss (cc: all counsel) (tjj) (Entered: 10/20/2003)
2003-10-24 99 0 MOTION by plaintiff to withdraw attorney Beth Deere and to recuse Judges Moody and Jones (tjj) (Entered: 10/24/2003)
2003-10-30 100 0 MOTION by plaintiff to withdraw attorneys Beth M. Deere and A. Heath Abshure (tjj) (Entered: 10/31/2003)
2003-11-05 101 0 ORDER by Judge James M. Moody denying motion to recuse Judges Moody and Jones [99-2] (cc: all counsel) (tjj) (Entered: 11/05/2003)
2003-11-06 102 0 MEMO TO FILE (DOC) finding the motion for continuance of trial [70-1] moot (tjj) (Entered: 11/06/2003)
2003-11-06 103 0 ORDER by Mag. Judge Henry L. Jones Jr. denying pltf's motions to withdraw court appointed attorneys Beth M. Deere and A. Heath Abshure [100-1] [99-1] (cc: all counsel) (tjj) (Entered: 11/06/2003)
2003-11-07 104 0 Partial Recommended Disposition by Mag. Judge Henry L. Jones Jr. recommending defts' motions to dismiss [88-1] [76-1] be granted in part with respect to the following claims: failure to protect from harm by deft Wood, retaliation and confiscation of legal materials; these allegations are dismissed without prejudice to pltf's right to re-assert these claims upon payment of the $150.00 filing fee (tjj) (Entered: 11/10/2003)
2003-11-17 105 0 PARTIAL OBJECTION by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, James Banks, John Whaley and Teresa Myers to Partial Recommended Disposition [104-1] (tjj) (Entered: 11/18/2003)
2003-11-18 106 0 ORDER by Judge James M. Moody adopting in part the Partial Recommended Disposition [104-1]; the Court declines to adopt the portion of the findings and recommendation regarding the exhaustion issue; granting defts' motions to dismiss [88-1] [76-1] in part with respect to the following claims: failure to protect from harm by inmate Wood, retaliation and the confiscation of legal materials; the dismissal is without prejudice to the right to re-file these claims upon payment of the filing fee; it is further ordered that a ruling on defts' motion to dismiss for failure to exhaust be held in abeyance until the Magistrate Judge holds an evidentiary hearing on the issue (cc: all counsel) (tjj) Modified on 11/21/2003 (Entered: 11/19/2003)
2004-01-09 107 0 NOTICE (DOC) this case is set for an evidentiary hearing on the issue of exhaustion for 9:30 am 3/24/04 in Pine Bluff; the list of witnesses must be filed by 2/16/04; (cc: all counsel) (tjj) (Entered: 01/09/2004)
2004-01-22 108 0 MOTION by plaintiff to lift protective order (tjj) (Entered: 01/23/2004)
2004-01-22 109 0 BRIEF by plaintiff in support of motion to lift protective order [108-1] (tjj) (Entered: 01/23/2004)
2004-02-02 110 0 RESPONSE by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, James Banks, John Whaley and Teresa Myers to motion to lift protective order [108-1] (tjj) (Entered: 02/03/2004)
2004-02-19 111 0 ORDER by Mag. Judge Henry L. Jones Jr. for the reasons stated herein, pltf's motion to lift the protective order [108-1] is granted in part, with respect to discovery relevant to the exhaustion issue only (cc: all counsel) (rjh) (Entered: 02/20/2004)
2004-03-18 112 0 WITNESS LIST for the hearing on exhaustion submitted by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, James Banks, John Whaley, & Teresa Myers (rjh) (Entered: 03/19/2004)
2004-03-18 113 0 ORDER/NOTICE (DOC/RW) evidentiary hearing set for 4/22/04 at 9:30 a.m., Courtroom 511 (5C) before Mag Judge Jones in Little Rock, AR; all deadlines previously set remain in effect (cc: all counsel) (rjh) (Entered: 03/19/2004)
2004-03-24 114 0 THIRD SET OF INTERROGATORIES filed by Ricky Ashley (tjj) (Entered: 03/25/2004)
2004-03-26 115 0 AMENDED FINAL SCHEDULING ORDER (DOC); jury trial set for 9:15 am the week of 11/22/04 in Pine Bluff; discovery due 9/23/04; status report due 9/23/04; pretrial info sheet due 11/2/04 (cc: all counsel) (tjj) (Entered: 03/26/2004)
2004-03-26 116 0 MOTION by plaintiff for preliminary injunction (tjj) (Entered: 03/29/2004)
2004-03-26 117 0 BRIEF by plaintiff in support of motion for preliminary injunction [116-1] (tjj) (Entered: 03/29/2004)
2004-04-07 118 0 MOTION by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, James Banks and John Whaley to substitute attorney Katherine Adams in place of Michelle Banks Odum (tjj) (Entered: 04/08/2004)
2004-04-12 119 0 ORDER by Mag. Judge Henry L. Jones Jr. granting motion to substitute attorney Katherine Adams in place of Michelle Banks Odum [118-1] as atty for defts; in addition defts shall file a response to pltf's motion for preliminary injunction [116-1] within 7 days of the date of this Order (cc: all counsel) (tjj) Modified on 04/15/2004 (Entered: 04/13/2004)
2004-04-16 120 0 ORDER by Mag. Judge Henry L. Jones Jr. at the hearing scheduled for 9:30 am on Tuesday 4/22/04 in Little Rock, the Arkansas Attorney General shall arrange for the appearance of inmate pltf Ricky Ashley, ADC #99719, Varner Super Max Unit; the pltf's institutional file and medical records should be made available for the hearing (cc: all counsel) (tjj) (Entered: 04/19/2004)
2004-04-16 121 0 RESPONSE by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, Teresa Myers, James Banks and John Whaley to motion for preliminary injunction [116-1] (tjj) (Entered: 04/19/2004)
2004-04-16 122 0 BRIEF by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, James Banks, John Whaley and Teresa Myers in support of motion response [121-1] (tjj) (Entered: 04/19/2004)
2004-04-23 123 0 NOTICE (DOC) a hearing will be held on the motion for preliminary injunction [116-1] at 10:00 am on 5/13/04 before Judge Jones; the witness list must be filed by Friday, 5/7/04 (cc: all counsel) (tjj) (Entered: 04/26/2004)
2004-04-26 124 0 Recommended Disposition by Mag. Judge Henry L. Jones Jr. recommending defts' motions to dismiss for failure to exhaust which this Court construes as motions for summary judgment [76-1] [88-1] be denied (tjj) (Entered: 04/26/2004)
2004-04-29 125 0 MOTION by plaintiff to withdraw attorney Beth M. Deere (tjj) Modified on 05/07/2004 (Entered: 04/30/2004)
2004-05-03 126 0 ORDER by Judge James M. Moody by order dated 11/18/03 this court dismissed all of pltf's damages claims leaving only those asking for injunctive relief; in addition pltf has filed a motion for preliminary injunction, asserting the same issues which remain pending in his complaint; in light of such the 11/24/04 jury trial is vacated and the remaining equitable issues in this action are referred to Magistrate Judge Jones for trial and recommended disposition (cc: counsel) (tjj) Modified on 05/05/2004 (Entered: 05/03/2004)
2004-05-07 127 0 ORDER by Mag. Judge Henry L. Jones Jr. by Order dated 5/3/04 US District Judge James M. Moody, vacated the previously-scheduled jury trial in this matter and referred the remaining equitable claims to the undersigned for trial and recommended disposition [126-1]; this matter is currently scheduled for a hearing on 5/13/04 on pltf's motion for preliminary injunctive relief; because the issues raised in that motion are the same issues remaining in the case, the 5/13/04 hearing will be converted to an evidentiary hearing (court trial) on the merits of pltf's complaint; in addition pltf's motion to relieve his court-appointed counsel [125-1] is denied (cc: all counsel)(tjj) Modified on 05/25/2004 (Entered: 05/07/2004)
2004-05-11 128 0 MOTION by plaintiff to lift stay on discovery and for continuance of the 5/13/04 hearing (tjj) (Entered: 05/12/2004)
2004-05-14 129 0 ORDER by Judge James M. Moody adopting Recommended Disposition [124-1]; it is therefore ordered that defts' motions to dismiss be denied [88-1] [76-1] (cc: all counsel) (tjj) (Entered: 05/17/2004)
2004-05-28 130 0 ORDER by Mag. Judge Henry L. Jones Jr. granting motion for continuance of the 5/13/04 court trial [128-2] and to lift the stay on discovery [128-1]; a new trial date together with discovery deadlines will be set by separate Order (cc: all counsel) (tjj) (Entered: 06/01/2004)
2004-06-07 131 0 ORDER (DOC) this case has been scheduled for a court trial before Magistrate Judge Jones on 8/19/04 at 9:30 am in Little Rock; pltf must notify the Court within 30 days of the date of this order if he wishes to proceed with his case failure to do so will subject the complaint to dismissal for failure to prosecute; the witness list is due by 7/20/04 7 days after receipt of pltf's witness list defts' counsel is directed to file a pleading setting forth those facts set out which can be stipulated to and those which will be controverted, as well as their witness list; all discovery is to be completed by 6/24/04 and all motions are to be filed by 6/20/04 (cc: all counsel) (tjj) Modified on 06/10/2004 (Entered: 06/08/2004)
2004-06-15 132 0 MOTION by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, James Banks and John Whaley to substitute attorney Chilesa J. Ready in place of Katherine Adams (tjj) (Entered: 06/16/2004)
2004-06-21 133 0 ORDER by Mag. Judge Henry L. Jones Jr. granting motion to substitute attorney Chilesa J. Ready in place of Katherine Adams [132-1] for defts (cc: all counsel) (tjj) (Entered: 06/22/2004)
2004-07-12 134 0 MOTION by defendants for leave to file motion for summary judgment (tjj) (Entered: 07/13/2004)
2004-07-12 135 0 MOTION by defendants for summary judgment (tjj) (Entered: 07/13/2004)
2004-07-12 136 0 BRIEF by defendants in support of motion for summary judgment [135-1] (tjj) (Entered: 07/13/2004)
2004-07-12 137 0 STATEMENT OF FACTS (Local Rule 56.1) by defendants in support of motion for summary judgment [135-1] (tjj) (Entered: 07/13/2004)
2004-07-20 138 0 ORDER by Mag. Judge Henry L. Jones Jr. granting motion for leave to file motion for summary judgment [134-1]; pltf shall file a response within 10 days of the date of this Order (cc: all counsel) (tjj) (Entered: 07/21/2004)
2004-08-05 139 0 MOTION by Beth Deere attorney for plaintiff to be relieved as appointed counsel (tjj) (Entered: 08/06/2004)
2004-08-09 140 0 ORDER by Mag. Judge Henry L. Jones Jr. granting motion to be relieved as appointed counsel [139-1] by attorney Beth M. Deere; the motion to be relieved is granted and pltf will proceed pro se; the Order will become effective when counsel files her response; pltf, if he wishes, may file his pro se response to deft's motion for summary judgment within 10 days; the trial in this matter set for 8/19/04 at 9:30 am is continued and will be reset by separate Order (cc: all counsel) (tjj) (Entered: 08/10/2004)
2004-08-09 141 0 RESPONSE by plaintiff to motion for summary judgment [135-1] (tjj) (Entered: 08/10/2004)
2004-08-09 142 0 STATEMENT OF FACTS (Local Rule 56.1) by plaintiff in support of motion response [141-1] (tjj) (Entered: 08/10/2004)
2004-08-10 143 0 MOTION by plaintiff to relieve court appointed attorney Beth Deere (tjj) (Entered: 08/11/2004)
2004-08-17 144 0 MOTION by plaintiff to withdraw appointed counsel and the firm Williams and Anderson (tjj) (Entered: 08/18/2004)
2004-08-24 145 0 MOTION by plaintiff to withdraw attorney Beth M. Deere and the firm of Williams & Anderson PLC (tjj) (Entered: 08/25/2004)
2004-08-25 146 0 MOTION by plaintiff for summary judgment (tjj) (Entered: 08/26/2004)
2004-08-31 147 0 ORDER by Mag. Judge Henry L. Jones Jr. pltf's motions to relieve appointed counsel Beth M. Deere are denied as moot [145-1] [144-1] [143-1]; this Court granted the motion to be relieved filed by court-appointed counsel Beth Deere by Order dated 8/9/04 [140-1] (cc: all counsel) (tjj) (Entered: 09/01/2004)
2004-09-09 148 0 ORDER (DOC) this case is scheduled for a court trial before Magistrate Judge Jones on 11/9/04 at 9:30 am in Little Rock; pltf's witness list must be filed with the Court by 10/9/04; 7 days after receipt of pltf's list of witnesses and proposed factual testimony counsel for defts is directed to file a pleading as specified in this order and to also include a list of the pltf's proposed witnesses whose appearance at the hearing they will be responsible for without the necessity for the issuance of writs or subpoenas all discovery is to be completed by 10/6/04 and all motions are to be filed by 10/14/04 (cc: all counsel) (tjj) Modified on 09/14/2004 (Entered: 09/10/2004)
2004-09-14 149 0 RESPONSE by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, Ricky Ashley, James Banks, John Whaley and Teresa Myers to motion for summary judgment (tjj) (Entered: 09/15/2004)
2004-09-16 150 0 ORDER by Mag. Judge Henry L. Jones Jr. directing the parties to file simultaneous briefs on the issue of mootness, and the possible application of exceptions to the doctrine in this case, within 15 days of the date of this Order; it is therefore ordered that the parties shall file additional briefs in accordance with the directions set forth in this Order within 15 days of the date of this Order (cc: all counsel) (tjj) Modified on 09/21/2004 (Entered: 09/17/2004)
2004-09-21 151 0 STATUS REPORT by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, James Banks, John Whaley and Teresa Myers (tjj) (Entered: 09/22/2004)
2004-09-21 152 0 MOTION by plaintiff to alter judgment or to amend judgment (tjj) (Entered: 09/22/2004)
2004-09-27 153 0 STATUS REPORT by plaintiff (3 to 4 day trial) (tjj) (Entered: 09/28/2004)
2004-09-28 154 0 BRIEF filed by defendants in response to the Court's 9/16/04 Order [150-1] (tjj) (Entered: 09/29/2004)
2004-09-29 155 0 WITNESS LIST submitted by plaintiff (tjj) (Entered: 09/30/2004)
2004-09-29 156 0 EXHIBIT LIST submitted by plaintiff (tjj) (Entered: 09/30/2004)
2004-09-29 157 0 BRIEF filed by plaintiff in response to the Court's 9/16/04 Order [150-1] (tjj) (Entered: 09/30/2004)
2004-10-21 158 0 ORDER by Mag. Judge Henry L. Jones Jr. at the court trial scheduled for 9:30 am on Tuesday, 11/9/04 in Little Rock, the Arkansas Attorney General shall arrange for the appearance of inmate pltf Ricky Ashley, ADC# 99718, inmate witnesses Bobby Green, ADC# 90764 and Donnie Lair, ADC# 85606 all of Varner Super Max, and Sgt. T. Lambert and Lt. Acie Smith, employees of the Varner Super Max Unit; the Attorney General shall also arrange for the appearance of the following defts: Warden Rick Toney, ADC Director Larry Norris, ADC Deputy Director Ray Hobbs, ADC Administrator Robert Clark, Correctional Officer Teresa Myers, Assistant Warden James Banks, Major John Whaley and Capt. Jimmy Wayne Via, Jr.; other witnesses requested in pltf's witness list are disallowed as their proposed testimony would be duplicative; pltf's institutional file and medical records should be made available for the court trial (cc: all counsel) (tjj) (Entered: 10/21/2004)
2004-10-26 159 0 Partial Recommended Disposition by Mag. Judge Henry L. Jones Jr. recommending defts' motion for summary judgment [135-1] be denied; pltf's pro se motion for summary judgment [146-1] be denied; and further recommending pltf's motion to alter or amend judgment [152-1] be denied [152-2] (tjj) (Entered: 10/26/2004)
2004-10-28 160 0 NOTICE/RESPONSE by Rick Toney, Larry Norris, Ray Hobbs, Robert Clark, Jimmy Wayne Via Jr, John Whaley, James Banks, Teresa Myers to Court's order [158-1] (bmt) (Entered: 10/29/2004)
2004-11-04 161 0 OBJECTIONS by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, James Banks, John Whaley and Teresa Myers to Partial Recommended Disposition [159-1] (tjj) Modified on 11/05/2004 (Entered: 11/05/2004)
2004-11-04 162 0 OBJECTIONS by plaintiff to Partial Recommended Disposition [159-1] (tjj) (Entered: 11/05/2004)
2004-11-08 163 0 ORDER by Judge James M. Moody adopting Partial Recommended Disposition [159-1] denying defts' motion for summary judgment [135-1], denying pltf's pro se motion for summary judgment [146-1] and denying pltf's motion to amend [152-2] or alter judgment [152-1] (cc: all counsel) (tjj) (Entered: 11/09/2004)
2004-11-09 164 0 MOTION by plaintiff for copies of documents 50, 52, 55 and 77 (tjj) (Entered: 11/09/2004)
2004-11-15 165 0 ORDER by Mag. Judge Henry L. Jones Jr. granting motion for copies of documents 50, 52, 55 and 77 [164-1]; the Clerk of the Court is directed to forward to pltf copies of these documents (cc: all counsel) (tjj) Modified on 11/16/2004 (Entered: 11/16/2004)
2004-11-16 166 0 MOTION by plaintiff for declaratory judgment (tjj) (Entered: 11/17/2004)
2004-11-24 167 0 RESPONSE by defts Jimmy Wayne Via Jr, Robert Clark, Ray Hobbs, Larry Norris, Rick Toney, Harris, James Banks, John Whaley, Teresa Myers to motion for declaratory judgment [166-1] (tjj) (Entered: 11/24/2004)
2004-11-30 168 0 Recommended Disposition by Mag. Judge Henry L. Jones Jr. recommending pltf's complaint against defts be dismissed with prejudice and all other pending motions be denied as moot (tjj) (Entered: 11/30/2004)
2004-12-08 169 0 JUDGMENT (8 USCA) petition for writ of mandamus is denied (dac) (Entered: 12/08/2004)
2004-12-14 170 0 OBJECTION by plaintiff to Recommended Disposition [168-1] (tjj) (Entered: 12/15/2004)
2004-12-14 171 0 OBJECTION by plaintiff to Recommended Disposition [168-1] (tjj) (Entered: 12/15/2004)
2004-12-16 172 0 ORDER by Judge James M. Moody adopting Recommended Disposition [168-1] dismissing pltf's complaint against defts with prejudice; all other pending motions are denied (cc: all counsel) (tjj) (Entered: 12/17/2004)
2004-12-16 173 0 JUDGMENT by Judge James M. Moody pursuant to the Proposed Findings and Recommendation filed in this matter, it is ordered that pltf's complaint against defts is dismissed with prejudice and all other pending motions are denied (cc: all counsel) (tjj) (Entered: 12/17/2004)
2004-12-22 174 0 MOTION by plaintiff to alter or to amend judgment and for copies of trial transcript (tjj) (Entered: 01/07/2005)
2005-01-04 175 0 MOTION by plaintiff Ricky Ashley for leave to appeal in forma pauperis (dac) (Entered: 01/06/2005)
2005-01-04 176 0 NOTICE of appeal by plaintiff Ricky Ashley from District Court decision [168-1], [172-1], [173-2] (cc: parties) (dac) (Entered: 01/06/2005)
2005-01-07 177 0 ORDER by Judge James M. Moody denying motion to alter [174-1] or amend judgment [174-2] (cc: all counsel) (tjj) (Entered: 01/10/2005)
2005-01-25 178 0 ORDER by Judge James M. Moody granting motion for leave to appeal in forma pauperis [175-1] Plaintiff is obligated to pay the $255 filing fee. The Director of the ADC, and any future custodians, shall collect monthly payments from plaintiff's prison trust account until the $255 is paid (cc: all counsel) (dac) (Entered: 01/25/2005)
2005-01-25 179 0 AMENDED & SUBSTITUTED ORDER by Judge James M. Moody granting motion for copies of trial transcripts [174-3] denying motion to alter denying motion to amend judgment [174-2] (cc: all counsel) (dac) (Entered: 01/25/2005)
2005-02-02 180 0 MOTION by plaintiff Ricky Ashley to alter judgment , or to amend order #178 (dac) (Entered: 02/02/2005)
2005-02-10 181 0 TRANSCRIPT ( 1 volume) of proceedings for the following date: 4/22/04 hearing on exhaustion issue ( [176-1] ) (dac) Modified on 02/14/2005 (Entered: 02/14/2005)
2005-02-10 182 0 TRANSCRIPT ( 1 volume) of proceedings for the following date: 11/9/04 trial ( [176-1] ) (dac) (Entered: 02/14/2005)
2005-02-11 183 0 ORDER by Judge James M. Moody the clerk is ordered to issue a check to Kay Quinn, Transcriber, in the amount of $306.90 for the transcript submitted on 1/20/05 (cc: all counsel) (dac) Modified on 02/14/2005 (Entered: 02/14/2005)
2005-02-11 184 0 ORDER by Judge James M. Moody the clerk is ordered to issue a check to Kay Quinn, Transcriber, in the amount of $524.70 for the transcript submitted on 1/18/05 (cc: all counsel) (dac) Modified on 02/14/2005 (Entered: 02/14/2005)
2005-02-13 185 0 DOCKET NOTE: 2 vol. transcripts (4/22/04 & 11/9/04) mailed to Ricky Ashley. (mah) Modified on 02/14/2005 (Entered: 02/13/2005)
2005-02-14 186 0 ORDER by Judge James M. Moody denying motion to alter judgment [180-1], denying motion to amend order #178 [180-2] (cc: all counsel) (dac) Modified on 02/14/2005 (Entered: 02/14/2005)
2005-07-25 187 0 MANDATE of USCA as to 176 Notice of Appeal filed by Ricky Ashley, appeal is dismissed for failure to prosecute (dac ) (Entered: 07/26/2005)