| Court: | ared |
| Docket #: | 1:11-cv-00095 |
| Case Name: | Waller v. Kelley et al |
| PACER case #: | 87814 |
| Date filed: | 2011-11-01 |
| Date terminated: | 2013-09-03 |
| Assigned to: | Judge J. Leon Holmes |
| Case Cause: | 42:1983 Prisoner Civil Rights |
| Nature of Suit: | 555 Prison Condition: Civil Rights |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Kenneth L Waller, Jr Plaintiff ADC #103829 |
Kenneth L Waller, Jr |
| Wendy Kelley Defendant Deputy Director for Health and Correctional Programs, Arkansas Department of Correction TERMINATED: 07/09/2013 |
Shawn J. Johnson James O. Howe |
| Billy Cowell Defendant Health Service Administrator, Corizon Medical Service, Arkansas Department of Correction |
Michelle Banks Odum |
| Ashley Bagwell Defendant originally sued as Ashley Bagswell |
Michelle Banks Odum |
| Jennifer G Horn Defendant LPN, Corizon Medical Service, Arkansas Department of Correction |
Michelle Banks Odum |
| Melvin E Nance Defendant M.D., Corizon Medical Service, Arkansas Department of Correction |
Michelle Banks Odum |
| Betty Hutchinson Defendant UMD, Corizon Medical Service, Arkansas Department of Correction |
Michelle Banks Odum |
| Brenda S Bridgeman Defendant RN, Corizon Medical Service, Arkansas Department of Correction |
Michelle Banks Odum |
| Sheila Armstrong Defendant originally sued as S Armstrong |
Michelle Banks Odum |
| Sheila Waldrupe Defendant originally sued as Sheila Ann Waldrupe |
Michelle Banks Odum |
| Barbara Ann Gilbert Defendant LPN, Corizon Medical Service, Arkansas Department of Correction |
Michelle Banks Odum |
| Corizon Inc Defendant originally sued as Corizon Medical Services |
Michelle Banks Odum |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-11-01 | 1 | 0 | MOTION for Leave to Proceed in forma pauperis by Kenneth L Waller, Jr. (copy mailed) (kdr) (Entered: 11/02/2011) | |||
| 2011-11-01 | 2 | 0 | COMPLAINT with Jury Demand against All Defendants, filed by Kenneth L Waller, Jr. (copy mailed)(kdr) (Entered: 11/02/2011) | 2017-07-03 18:16:12 | d0fe76337c9ce96118402ca0df32b9530fc7f45b | |
| 2011-11-04 | 3 | 0 | ORDER granting 1 Plaintiff's MOTION for Leave to Proceed in forma pauperis; directing monthly payments be made from Plaintiff's institutional account for the statutory filing fee of $350; and directing the Clerk to send a copy of this Order to the Warden of the Grimes Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office. Signed by Magistrate Judge J. Thomas Ray on 11/4/11. (hph) (Entered: 11/04/2011) | |||
| 2011-11-04 | 5 | 0 | PROPOSED FINDINGS AND RECOMMENDED PARTIAL DISPOSITION recommending that in reference to docket entry # 2 Complaint filed by Kenneth L Waller, Jr, that Plaintiff's FTCA and pendent state law negligence claims be dismissed, with prejudice, for failing to state a claim upon which relief may be granted; Plaintiff be allowed to proceed with his Eighth Amendment inadequate medical care claims against Defendants and the Court certify that an in forma pauperis appeal from any Order adopting this Recommended Partial Disposition would not be taken in good faith. An original and one copy of your objections must be received in the office of the U. S. District Clerk no later than fourteen (14) days from the date of the findings and recommendations. Signed by Magistrate Judge J. Thomas Ray on 11/04/2011. (kcs) (Entered: 11/04/2011) | |||
| 2011-11-22 | 7 | 0 | MOTION for Leave to Amend/Correct 2 Complaint by Kenneth L Waller, Jr (pag)(copy mailed) (Entered: 11/22/2011) | |||
| 2011-12-05 | 8 | 0 | PROPOSED AMENDED COMPLAINT with Jury Demand against All Defendants filed by Kenneth L Waller, Jr(pag)(copy mailed) (Image file replaced on 1/4/2012 to correct a pdf header issue.) (thd). (Entered: 12/08/2011) | |||
| 2011-12-28 | 9 | 0 | MOTION for Order by Kenneth L Waller, Jr. (copy mailed) (kdr) (Entered: 12/28/2011) | |||
| 2012-01-06 | 10 | 0 | ORDER vacating 5 11/04/2011 Recomended Partial Disposition; granting 7 Plaintiff's Motion for Leave to File an Amended Complaint; denying, as moot 9 Plaintiff's Motion for Service. The Clerk is directed to file a copy of Plaintiff's Proposed Amended Complaint 8 as "Plaintiff's Amended Complaint." Signed by Magistrate Judge J. Thomas Ray on 01/06/2012. (kcs) (Entered: 01/06/2012) | 2012-01-07 07:43:50 | 41bb48687daa26b963a054a38e431243bb007ddd | |
| 2012-01-06 | 11 | 0 | PLAINTIFF'S AMENDED COMPLAINT with Jury Demand against All Defendants(kcs) (Entered: 01/06/2012) | |||
| 2012-01-11 | 13 | 0 | PROPOSED FINDINGS AND RECOMMENDED PARTIAL DISPOSITION re 11 Amended Complaint filed by Kenneth L Waller: Plaintiff's FTCA claims be dismissed, with prejudice against all defendants; Plaintiff's pendent state law negligence and outrage claims against Defendant Kelley be dismissed,with prejudice; Plaintiff's pendent state law outrage claim against Defendants Corizon, Cowell, Bragswell, Horn, Nance, Hutchinson, Armstong, Waldrupe, Gilbert and Bridgeman be dismissed, without prejudice; Plaintiff be allowed to proceed with his pendent state law negligence claims against Defendants Corizon, Cowell, Bragswell, Horn, Nance, Hutchinson, Armstrong, Waldrupe, Gilbert, and Bridgeman; Plaintiff be allowed to proceed with his 8th Amendment inadequate medical care claims against all Defendants; An in forma paurperis appeal from any Order adopting this Recommended Partial Disposition would not be taken in good faith. An original and one copy of your objections must be received in the office of the U. S. District Clerk no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge J. Thomas Ray on 01/11/2012. (kcs) (Entered: 01/11/2012) | |||
| 2012-01-26 | 15 | 0 | OBJECTION to 13 Report and Recommendations by Kenneth L Waller, Jr (pag)(copy mailed) (Entered: 01/26/2012) | |||
| 2012-01-26 | 16 | 0 | STATEMENT OF FACTS (Local Rule 56.1) re 15 Objection to Report and Recommendations filed by Kenneth L Waller, Jr. (pag)(copy mailed) (Entered: 01/26/2012) | |||
| 2012-02-07 | 17 | 0 | ORDER ADOPTING 13 Partial Report and Recommendations in their entirety; the U.S. Marshal is directed to serve summons, complaints 2 11 , and this Order on defts without prepayment of fees and costs. Signed by Chief Judge J. Leon Holmes on 2/7/12. (vjt) (Entered: 02/07/2012) | 2012-02-08 07:10:30 | 3f6c6d60ee6c52a4397e2190f99d409e8f280ea2 | |
| 2012-02-23 | 19 | 0 | SUMMONS Returned Executed by Kenneth L Waller, Jr. Wendy Kelley served on 2/9/2012. (pag) (Entered: 02/23/2012) | |||
| 2012-02-24 | 20 | 0 | SUMMONS Returned Executed by Kenneth L Waller, Jr. Brenda S Bridgeman served on 2/21/2012. (kdr) (Entered: 02/27/2012) | |||
| 2012-02-24 | 21 | 0 | SUMMONS Returned Executed by Kenneth L Waller, Jr. Corizon Medical Service served on 2/21/2012. (kdr) (Entered: 02/27/2012) | |||
| 2012-02-24 | 22 | 0 | SUMMONS Returned Executed by Kenneth L Waller, Jr. S Armstrong served on 2/21/2012. (kdr) (Entered: 02/27/2012) | |||
| 2012-02-24 | 23 | 0 | SUMMONS Returned Executed by Kenneth L Waller, Jr. Betty Hutchinson served on 2/21/2012. (kdr) (Entered: 02/27/2012) | |||
| 2012-02-24 | 24 | 0 | SUMMONS Returned Executed by Kenneth L Waller, Jr. Melvin E Nance served on 2/21/2012. (kdr) (Entered: 02/27/2012) | |||
| 2012-02-24 | 25 | 0 | SUMMONS Returned Executed by Kenneth L Waller, Jr. Jennifer G Horn served on 2/21/2012. (kdr) (Entered: 02/27/2012) | |||
| 2012-02-24 | 26 | 0 | SUMMONS Returned Executed by Kenneth L Waller, Jr. Ashley Bagswell served on 2/21/2012. (kdr) (Entered: 02/27/2012) | |||
| 2012-02-24 | 27 | 0 | SUMMONS Returned Executed by Kenneth L Waller, Jr. Billy Cowell served on 2/21/2012. (kdr) (Entered: 02/27/2012) | |||
| 2012-02-24 | 28 | 0 | Summons Returned Unexecuted by Kenneth L Waller, Jr as to Shelia Ann Waldrupe. (ADDRESS FILED UNDER SEAL) (kdr) (Entered: 02/27/2012) | |||
| 2012-02-24 | 29 | 0 | Summons Returned Unexecuted by Kenneth L Waller, Jr as to Barbara Ann Gilbert. (ADDRESS FILED UNDER SEAL) (kdr) (Entered: 02/27/2012) | |||
| 2012-03-01 | 30 | 0 | ORDER directing the Clerk to prepare a summons for Defendants Waldrupe and Gilbert and the seased addresses listing in docket entries 28 and 29 ; and directing the U.S. Marshal to serve the summons, Complaint, Amended Complaint, and 2/7/12 Order on them without prepayment of fees and costs or security therefor. Signed by Magistrate Judge J. Thomas Ray on 3/1/12. (hph) (Entered: 03/01/2012) | |||
| 2012-03-01 | 32 | 0 | NOTICE of Appearance by Shawn J. Johnson on behalf of Wendy Kelley (Johnson, Shawn) (Entered: 03/01/2012) | |||
| 2012-03-01 | 33 | 0 | ANSWER to 2 Complaint, 11 Amended Complaint with Jury Demand, ANSWER to 2 Complaint, 11 Amended Complaint with Jury Demand by Wendy Kelley.(Johnson, Shawn) (Entered: 03/01/2012) | |||
| 2012-03-09 | 34 | 0 | SUMMONS Returned Executed by Kenneth L Waller, Jr. Shelia Ann Waldrupe served on 3/7/2012. (ADDRESS UNDER SEAL) (pag) (Entered: 03/12/2012) | |||
| 2012-03-14 | 35 | 0 | MOTION for Extension of Time to File Answer re 11 Amended Complaint, 2 Complaint by S Armstrong, Ashley Bagswell, Brenda S Bridgeman, Corizon Medical Service, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Shelia Ann Waldrupe (Odum, Michelle) (Entered: 03/14/2012) | |||
| 2012-03-14 | 36 | 0 | NOTICE of Appearance by Michelle Banks Odum on behalf of S Armstrong, Ashley Bagswell, Brenda S Bridgeman, Corizon Medical Service, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Shelia Ann Waldrupe (Odum, Michelle) (Entered: 03/14/2012) | |||
| 2012-03-15 | 37 | 0 | ORDER granting 35 Defendants' Motion for Extension of Time to Answer. Defendants' are directed to file their Answer, or other responsive pleading, on or before 3/26/2012. Signed by Magistrate Judge J. Thomas Ray on 03/15/2012. (kcs) (Entered: 03/15/2012) | |||
| 2012-03-22 | 39 | 0 | SUMMONS Returned Executed by Kenneth L Waller, Jr. Barbara Ann Gilbert served on 3/12/2012. (pag) (Entered: 03/22/2012) | |||
| 2012-03-26 | 40 | 0 | ANSWER to 2 Complaint, 11 Amended Complaint, ANSWER to 2 Complaint, 11 Amended Complaint by S Armstrong, Ashley Bagswell, Brenda S Bridgeman, Corizon Medical Service, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Shelia Ann Waldrupe.(Odum, Michelle) (Entered: 03/26/2012) | |||
| 2012-03-27 | 41 | 0 | INITIAL SCHEDULING ORDER directing the Clerk to amend the docket sheet to reflect that Defendant Bagswell is "Ashley Bagwell," Defendant S. Armstrong is "Sheila Armstrong," Defendant Waldrupe is "Sheila Waldrupe," and Corizon Medical Services is "Corizon, Inc." The parties shall complete discovery on or before 7/31/12 and file any dispositive motions on or before 8/30/12. Signed by Magistrate Judge J. Thomas Ray on 3/27/12. (hph) (Entered: 03/27/2012) | |||
| 2012-04-10 | 43 | 0 | MOTION for Default Judgment against All Defendants by Kenneth L Waller, Jr (pag)(copy mailed) (Entered: 04/10/2012) | |||
| 2012-04-10 | 44 | 0 | RESPONSE in Opposition re 43 MOTION for Default Judgment against All Defendants filed by Wendy Kelley. (Johnson, Shawn) (Entered: 04/10/2012) | |||
| 2012-04-11 | 45 | 0 | MOTION for Order to subpoena records by Kenneth L Waller, Jr (pag)(copy mailed) (Entered: 04/11/2012) | |||
| 2012-04-11 | 46 | 0 | Letter from Kenneth L Waller, Jr re 45 Motion for Order to subpoena records (pag)(copy mailed) (Entered: 04/11/2012) | |||
| 2012-04-13 | 47 | 0 | PROPOSED FINDINGS AND RECOMMENDED DISPOSITION recommending 43 Plaintiff's Motion for Default Judgment be denied; and recommending the Court certify, pursuant to 28 U.S.C. ยง 1915(a)(3), that an in forma pauperis appeal would not be taken in good faith. Objections to R&R due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge J. Thomas Ray on 4/13/12. (hph) (Entered: 04/13/2012) | |||
| 2012-04-13 | 49 | 0 | MOTION to Compel by Kenneth L Waller, Jr (pag)(copy mailed) (Entered: 04/13/2012) | |||
| 2012-04-18 | 50 | 0 | MOTION to Amend/Correct 2 Complaint by Kenneth L Waller, Jr (pag)(copy mailed) (Entered: 04/19/2012) | |||
| 2012-04-23 | 51 | 0 | OBJECTION to 47 Report and Recommendations by Kenneth L Waller, Jr (pag)(copy mailed) (Entered: 04/23/2012) | |||
| 2012-04-26 | 52 | 0 | ORDER granting 45 Plaintiff's Motion for Order; granting 49 Plaintiff's Motion to Compel; directing the Clerk to prepare a subpoena duces tecum to Ms. Liz Morris for the production, to the Court, of Plaintiff's medical records for September, October, and November of 2011. Ms. Morris will be given 21 days to comply with the subpoena; directing the U.S. Marshal to serve the subpoena duces tecum on Ms. Morris without prepayment of costs or security therefor; and denying 50 Plaintiff's Motion to Amend the Complaint. Signed by Magistrate Judge J. Thomas Ray on 4/26/12. (hph) (Entered: 04/26/2012) | |||
| 2012-04-30 | 54 | 0 | RESPONSE re 51 Objection to Report and Recommendations by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe (Odum, Michelle) (Entered: 04/30/2012) | |||
| 2012-05-02 | 55 | 0 | Subpoena Duces Tecum forwarded to the U. S. Marshal for service (kcs) (Entered: 05/02/2012) | |||
| 2012-05-02 | 57 | 0 | ORDER ADOPTING PARTIAL REPORT AND RECOMMENDATIONS 47 ; denying 43 MOTION for Default Judgment against All Defendants filed by Kenneth L Waller, Jr. Signed by Chief Judge J. Leon Holmes on 5/2/12. (kpr) (Entered: 05/02/2012) | 2012-05-03 07:06:36 | 513db0411cad5747e9ef7255a2c8de854d4734c7 | |
| 2012-05-03 | 59 | 0 | ORDER denying Plaintiff's request to amend the Complaint. Signed by Magistrate Judge J. Thomas Ray on 5/3/12. (hph) (Entered: 05/04/2012) | |||
| 2012-05-17 | 61 | 0 | MOTION to Appoint Counsel by Kenneth L Waller, Jr (pag)(copy mailed) (Entered: 05/17/2012) | |||
| 2012-05-17 | 62 | 0 | BRIEF IN SUPPORT re 61 Motion to Appoint Counsel filed by Kenneth L Waller, Jr. (pag)(copy mailed) (Entered: 05/17/2012) | |||
| 2012-05-17 | 63 | 0 | DECLARATION re 61 Motion to Appoint Counsel filed by Kenneth L Waller, Jr. (pag)(copy mailed) (Entered: 05/17/2012) | |||
| 2012-06-05 | 64 | 0 | MOTION to Amend/Correct 2 Complaint by Kenneth L Waller, Jr (pag) (Entered: 06/05/2012) | |||
| 2012-06-08 | 65 | 0 | ORDER denying 61 Plaintiff's Motion to Appoint Counsel. Signed by Magistrate Judge J. Thomas Ray on 06/08/2012. (kcs) (Entered: 06/08/2012) | |||
| 2012-06-18 | 66 | 0 | MOTION for deposition by Kenneth L Waller, Jr (tjj) (Entered: 06/18/2012) | |||
| 2012-06-18 | 67 | 0 | MOTION for extension of time to complete discovery by Kenneth L Waller, Jr (tjj) (Entered: 06/18/2012) | |||
| 2012-06-20 | 68 | 0 | MOTION to Take Deposition from Kenneth L. Waller, Jr. by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe (Odum, Michelle) (Entered: 06/20/2012) | |||
| 2012-06-20 | 69 | 0 | BRIEF IN SUPPORT re 68 Motion to Take Deposition, from Kenneth L. Waller, Jr. filed by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe. (Odum, Michelle) (Entered: 06/20/2012) | |||
| 2012-06-20 | 70 | 0 | RESPONSE in Opposition re 66 MOTION for Order, 67 MOTION to Extend Time, 64 MOTION to Amend/Correct 2 Complaint filed by Wendy Kelley. (Johnson, Shawn) (Entered: 06/20/2012) | |||
| 2012-06-20 | 71 | 0 | MOTION to Take Deposition from Plaintiff, Kenneth Waller by Wendy Kelley (Johnson, Shawn) (Entered: 06/20/2012) | |||
| 2012-06-20 | 72 | 0 | BRIEF IN SUPPORT re 71 Motion to Take Deposition filed by Wendy Kelley. (Johnson, Shawn) (Entered: 06/20/2012) | |||
| 2012-06-26 | 73 | 0 | ORDER denying 64 Plaintiff's Motion for Leave to File a Second Amended Complaint; denying 66 Plaintiff's Motion to Take Depositions by Written questions; granting as modified 67 Plaintiff's Motion to Extend Time; granting 68 & 71 Defendants' Motions to Take Deposition from Plaintiff. The parties must complete discovery on or before 8/30/2012 and file any dispositive motion on or before 10/01/2012. Signed by Magistrate Judge J. Thomas Ray on 06/26/2012. (kcs) (Entered: 06/26/2012) | |||
| 2012-06-29 | 74 | 0 | MOTION for Extension of Time to Complete Discovery by Kenneth L Waller, Jr (pag) (Entered: 06/29/2012) | |||
| 2012-06-29 | 75 | 0 | MOTION to Take Deposition from Defendants by Kenneth L Waller, Jr (pag) (Entered: 06/29/2012) | |||
| 2012-07-06 | 76 | 0 | ORDER finding as moot 74 Motion for Extension of Time to Complete Discovery; finding as moot 75 Motion to Take Deposition. Signed by Magistrate Judge J. Thomas Ray on 7/6/12. (kpr) (Entered: 07/06/2012) | |||
| 2012-07-26 | 77 | 0 | MOTION to Compel Discovery by Kenneth L Waller, Jr (pag) (Entered: 07/26/2012) | 2016-05-12 16:48:57 | fc01f2fcf68b60b22528b455a86f14df366b2366 | |
| 2012-08-07 | 78 | 0 | RESPONSE in Opposition re 77 MOTION to Compel filed by Wendy Kelley. (Attachments: # 1 Exhibit A - Kelley Responses to First Req for Production, # 2 Exhibit B - Kelley Responses to Second Req for Production, # 3 Exhibit C - Kelley Responses to First Interrogatories, # 4 Exhibit D - Kelley Responses to Second Interrogatories)(Johnson, Shawn) (Entered: 08/07/2012) | |||
| 2012-08-21 | 79 | 0 | ORDER granting in part and denying in part 77 Plaintiff's Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 08/21/2012. (kcs) (Entered: 08/21/2012) | 2012-08-22 07:10:06 | e570854fa4334b806f59282c63f8fbdf088894b3 | |
| 2012-08-28 | 80 | 0 | MOTION to Amend/Correct 2 Complaint by Kenneth L Waller, Jr (pag) (Entered: 08/28/2012) | |||
| 2012-08-30 | 81 | 0 | RESPONSE re 79 Order on Motion to Compel by Wendy Kelley (Attachments: # 1 Exhibit A - Discovery Responses dated Aug. 30, 2012)(Johnson, Shawn) (Entered: 08/30/2012) | |||
| 2012-08-30 | 82 | 0 | MOTION for Order by Wendy Kelley (Attachments: # 1 Exhibit A - Plaintiff's Requests for Admissions rec'd August 28, 2012)(Johnson, Shawn) (Entered: 08/30/2012) | |||
| 2012-08-30 | 83 | 0 | BRIEF IN SUPPORT re 82 Motion for Order filed by Wendy Kelley. (Johnson, Shawn) (Entered: 08/30/2012) | |||
| 2012-09-04 | 84 | 0 | MOTION to Compel by Kenneth L Waller, Jr (pag) (Entered: 09/04/2012) | |||
| 2012-09-04 | 85 | 0 | ORDER denying 80 Plaintiff's Motion to Amend/Correct; granting 82 Defendant Kelley's Motion for Order. Signed by Magistrate Judge J. Thomas Ray on 09/04/2012. (kcs) (Entered: 09/04/2012) | |||
| 2012-09-17 | 86 | 0 | RESPONSE in Opposition re 84 MOTION to Compel filed by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe. (Attachments: # 1 Exhibit A, Discovery by Plaintiff, # 2 Exhibit B, Letter & Hutchinson Response, # 3 Exhibit C, Cowell Response, # 4 Exhibit D, Responses to Requests for Production, # 5 Exhibit E, Letters re: Untimely Requests for Admission)(Odum, Michelle) (Entered: 09/17/2012) | |||
| 2012-09-19 | 87 | 0 | MOTION to Amend/Correct 2 Complaint by Kenneth L Waller, Jr (pag) (Entered: 09/19/2012) | |||
| 2012-09-19 | 88 | 0 | BRIEF IN SUPPORT re 87 Motion to Amend/Correct filed by Kenneth L Waller, Jr. (pag) (Entered: 09/19/2012) | |||
| 2012-09-28 | 89 | 0 | MOTION for Summary Judgment by Wendy Kelley (Attachments: # 1 Exhibit A - Williams Declaration including Attachments 1 through 11, # 2 Exhibit B - Excerpt of Plaintiff Waller's Deposition)(Johnson, Shawn) (Entered: 09/28/2012) | |||
| 2012-09-28 | 90 | 0 | BRIEF IN SUPPORT re 89 Motion for Summary Judgment filed by Wendy Kelley. (Johnson, Shawn) (Entered: 09/28/2012) | |||
| 2012-09-28 | 91 | 0 | STATEMENT OF FACTS (Local Rule 56.1) re 89 Motion for Summary Judgment filed by Wendy Kelley. (Johnson, Shawn) (Entered: 09/28/2012) | |||
| 2012-09-28 | 92 | 0 | MOTION to Extend Time by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe (Odum, Michelle) (Entered: 09/28/2012) | |||
| 2012-10-01 | 93 | 0 | ORDER denying 84 Plaintiff's Motion to Compel. Plaintiff's requests for appointment of counsel and for an extension of the time to complete discovery, both of which are contained in his Motion to Compel, are denied. Signed by Magistrate Judge J. Thomas Ray on 10/01/2012. (kcs) (Entered: 10/01/2012) | 2012-10-02 07:11:49 | 4af6ea7032196ab63c1a3f1c3514c9c2b720c81a | |
| 2012-10-01 | 94 | 0 | ORDER directing Plaintiff to file, on or before 11/1/2012, a Response to 89 Defendant Kelley's Motion for Summary Judgment and a separate Statement of Disputed Facts that comply with the Fed. R. Civ. P. 56, Local Rule 56.1, and the instructions in this Order; advising Plaintiff that the failure to timely and properly do so will result in: (a) all of the facts in Defendant Kelleys summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c); or (b) the dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2); and, granting 92 the medical Defendants' Motion for an Extention fo Time. The medical Defendants must file their Motion for Summary Judgement on or before 10/15/2012. Signed by Magistrate Judge J. Thomas Ray on 10/1/2012. (kdr) (Entered: 10/01/2012) | |||
| 2012-10-02 | 95 | 0 | RESPONSE in Opposition re 87 MOTION to Amend/Correct 2 Complaint filed by Wendy Kelley. (Johnson, Shawn) (Entered: 10/02/2012) | |||
| 2012-10-02 | 96 | 0 | RESPONSE in Opposition re 87 MOTION to Amend/Correct 2 Complaint filed by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe. (Odum, Michelle) (Entered: 10/02/2012) | |||
| 2012-10-03 | 97 | 0 | MOTION for Sanctions by Kenneth L Waller, Jr (pag) (Entered: 10/03/2012) | |||
| 2012-10-04 | 98 | 0 | RESPONSE in Opposition re 97 MOTION for Sanctions filed by Wendy Kelley. (Johnson, Shawn) (Entered: 10/04/2012) | |||
| 2012-10-05 | 99 | 0 | ORDER denying Plaintiff's 87 Motion to File Second Amended Complaint and 97 Motion for Sanctions. The Clerk is directed to file a copy of Plaintiff's Motion for Sanctions as his response to Kelly's 89 Motion for Summary Judgment. Signed by Magistrate Judge J. Thomas Ray on 10/5/2012. (mcz) (Entered: 10/05/2012) | |||
| 2012-10-05 | 100 | 0 | RESPONSE to 89 MOTION for Summary Judgment filed by Kenneth L Waller, Jr. (Docketed per 99 Order.) (thd) (Entered: 10/05/2012) | |||
| 2012-10-09 | 101 | 0 | REPLY to Response to Motion re 89 MOTION for Summary Judgment filed by Wendy Kelley. (Johnson, Shawn) (Entered: 10/09/2012) | |||
| 2012-10-15 | 102 | 0 | MOTION for Extension of Time to File Motion for Summary Judgment (Two Day Extension) by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe (Odum, Michelle) (Entered: 10/15/2012) | |||
| 2012-10-16 | 103 | 0 | REQUEST for Production of Documents by Kenneth L Waller, Jr.(pag) (Entered: 10/16/2012) | |||
| 2012-10-16 | 104 | 0 | MOTION for Extension of Time to File Response/Reply as to 89 MOTION for Summary Judgment by Kenneth L Waller, Jr (pag) (Entered: 10/16/2012) | |||
| 2012-10-17 | 105 | 0 | ORDER granting 102 Defendants' Motion for Extension of Time to File. Defendants' are directed to file their Motion for Summary Judgment on or before October 19, 2012. Signed by Magistrate Judge J. Thomas Ray on 10/17/2012. (kcs) (Entered: 10/17/2012) | |||
| 2012-10-17 | 106 | 0 | ORDER denying 104 Plaintiff's Motion for Extension of Time to File Response/Reply to Defendant Kelley's Motion for Summary Judgment. Signed by Magistrate Judge J. Thomas Ray on 10/17/2012. (kcs) (Entered: 10/17/2012) | |||
| 2012-10-17 | 107 | 0 | MOTION for Order by Kenneth L Waller, Jr (pag) (Entered: 10/18/2012) | |||
| 2012-10-19 | 108 | 0 | MOTION for Summary Judgment by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe (Odum, Michelle) (Entered: 10/19/2012) | |||
| 2012-10-19 | 109 | 0 | STATEMENT OF FACTS (Local Rule 56.1) re 108 Motion for Summary Judgment filed by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe. (Attachments: # 1 Exhibit A, Plaintiff's Relevant Testimony, # 2 Exhibit B, Cowell Declaration, # 3 Exhibit C, Nance Declaration and Medical Records, # 4 Exhibit D, Armstrong Declaration, # 5 Exhibit E, Waldrupe Declaration, # 6 Exhibit F, Pill Call Protocol)(Odum, Michelle) (Entered: 10/19/2012) | |||
| 2012-10-19 | 110 | 0 | BRIEF IN SUPPORT re 108 Motion for Summary Judgment filed by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe. (Odum, Michelle) (Entered: 10/19/2012) | |||
| 2012-10-22 | 111 | 0 | APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Kenneth L Waller, Jr re 99 Order on Motion to Amend/Correct, Order on Motion for Sanctions (dac) (Entered: 10/23/2012) | |||
| 2012-10-23 | 112 | 0 | NOTICE OF APPEAL as to 99 Order on Motion to Amend/Correct, Order on Motion for Sanctions by Kenneth L Waller, Jr. (dac) (Entered: 10/23/2012) | |||
| 2012-10-23 | 113 | 0 | Appellate Filing Fee Notice with IFP Application and Calculation Sheet issued to Kenneth L Waller, Jr; Response due by 11/26/2012 (dac) (Entered: 10/23/2012) | |||
| 2012-10-30 | 114 | 0 | ORDER granting 107 Motion for Order for additional time to review his medical records and file responses to the separate 89 108 motions for summary judgment. Defendants must provide plaintiff at least two hours of access to his prison medical records before November 10, 2012. Plaintiff must file a supplemental response to 89 motion on or before November 23, 2012. Plaintiff must file a response to 108 motion for summary judgment on or before November 30, 2012. Signed by Magistrate Judge J. Thomas Ray on 10/30/12. (dac) (Entered: 10/30/2012) | |||
| 2012-11-05 | 115 | 0 | MOTION for Leave to Appeal in forma pauperis by Kenneth L Waller, Jr (dac) (Entered: 11/05/2012) | |||
| 2012-11-05 | 116 | 0 | MOTION for Order to Show Cause by Kenneth L Waller, Jr (dac) (Entered: 11/05/2012) | |||
| 2012-11-07 | 117 | 0 | ORDER Directing Monthly Payments be made from Prison Account of Kenneth L Waller, Jr, until the $455.00 appeal fees have been paid in full. GRANTING 115 MOTION for Leave to Appeal in forma pauperis filed by Kenneth L Waller, Jr. Signed by Magistrate Judge J. Thomas Ray on 11/7/12. (dac) (Entered: 11/07/2012) | |||
| 2012-11-07 | 118 | 0 | NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 106 Order 117 Order Directing Prisoner Payment 112 Notice of Appeal. (dac) (Entered: 11/07/2012) | |||
| 2012-11-15 | 119 | 0 | USCA Docketing Letter and Briefing Schedule. Clerk of the United States District Court is requested to forward to this Court any portions of the original record which are not available in an electronic format as to 112 Notice of Appeal filed by Kenneth L Waller, Jr. USCA Case Number 12-3706 (mcz) (Entered: 11/15/2012) | |||
| 2012-11-19 | 120 | 0 | MOTION for Extension of Time to File dispositive motion by Kenneth L Waller, Jr (dac) (Entered: 11/19/2012) | |||
| 2012-11-19 | 121 | 0 | DECLARATION For Entry of Default by Kenneth L Waller, Jr. (dac) (Entered: 11/19/2012) | |||
| 2012-11-26 | 122 | 0 | RESPONSE to Motion re 89 MOTION for Summary Judgment filed by Kenneth L Waller, Jr. (dac) (Entered: 11/26/2012) | |||
| 2012-11-26 | 123 | 0 | STATEMENT OF FACTS re 122 Response to Motion filed by Kenneth L Waller, Jr. (dac) (Entered: 11/26/2012) | |||
| 2012-11-26 | 124 | 0 | REPLY to Response to Motion re 89 MOTION for Summary Judgment filed by Wendy Kelley. (Johnson, Shawn) (Entered: 11/26/2012) | |||
| 2012-11-27 | 125 | 0 | RESPONSE to Motion re 116 MOTION for Order filed by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe. (Attachments: # 1 Document Records)(Odum, Michelle) (Entered: 11/27/2012) | |||
| 2012-12-03 | 126 | 0 | ORDER denying as moot 116 Motion to Show Cause, which has been construed as a Motion to Compel; granting 120 Motion for Extension of Time. Plaintiff must file his response to Defendants' Motion for Summary Judgment on or before 12/14/2012. If he fails to comply with this Order or the instructions of the 10/1/2012 94 Order, (a) all facts in the medical Defendants' summary judgment papers will be deemed to be admitted by Plaintiff; or (b) this case will be dismissed, without prejudice. Signed by Magistrate Judge J. Thomas Ray on 12/3/2012. (mcz) (Entered: 12/03/2012) | |||
| 2012-12-04 | 127 | 0 | PROPOSED FINDINGS AND RECOMMENDED PARTIAL DISPOSITION recommending that 89 MOTION for Summary Judgment filed by Wendy Kelley be granted and that Plaintiff's claims against her be dismissed, without prejudice. The Court certify that an in forma pauperis appeal from any Order adopting this Recommended Partial Disposition would not be taken in good faith. An original and one copy of your objections must be received in the office of the U.S. District Clerk no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge J. Thomas Ray on 12/04/2012. (kcs) (Entered: 12/04/2012) | |||
| 2012-12-04 | 128 | 0 | RESPONSE re 121 Declaration for Entry of Default by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe (Odum, Michelle) (Entered: 12/04/2012) | |||
| 2012-12-04 | 129 | 0 | RESPONSE re 108 Motion for Summary Judgment filed by Kenneth L Waller, Jr. (mcz) (Docket entry modified on 1/30/2013 to establish linkage and correct the description of the document filed, per 144 Order.) (thd). (Entered: 12/04/2012) | |||
| 2012-12-04 | 130 | 0 | Cross-Motion for Summary Judgment by Kenneth L Waller, Jr (mcz) (CROSS-MOTION STRICKEN FROM THE RECORD PER 144 ORDER). (Entered: 12/04/2012) | |||
| 2012-12-04 | 131 | 0 | BRIEF IN SUPPORT re 130 Cross-Motion for Summary Judgment filed by Kenneth L Waller, Jr. (mcz) (Entered: 12/04/2012) | |||
| 2012-12-04 | 132 | 0 | ADDENDUM filed by Kenneth L Waller, Jr to 100 Response to Motion, 130 Motion for Summary Judgment. (mcz) (Entered: 12/04/2012) | |||
| 2012-12-12 | 133 | 0 | MOTION for Copies by Kenneth L Waller, Jr (mcz) (Entered: 12/12/2012) | |||
| 2012-12-18 | 134 | 0 | MOTION to Strike 132 Addendum, 129 MOTION for Summary Judgment, 131 Brief in Support, 130 MOTION for Summary Judgment by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe (Odum, Michelle) (Entered: 12/18/2012) | |||
| 2012-12-21 | 135 | 0 | OBJECTION to 127 Report and Recommendations by Kenneth L Waller, Jr (mcz) (Entered: 12/21/2012) | |||
| 2013-01-02 | 136 | 0 | MOTION to Strike Defendant's 134 MOTION to Strike 132 Addendum, 129 MOTION for Summary Judgment, 131 Brief in Support, 130 MOTION for Summary Judgment, filed by Kenneth L Waller, Jr (mcz) (Entered: 01/03/2013) | |||
| 2013-01-07 | 137 | 0 | ORDER denying as moot 133 Plaintiff's Motion for Copies. Signed by Magistrate Judge J. Thomas Ray on 01/07/2013. (kcs) (Entered: 01/07/2013) | |||
| 2013-01-09 | 138 | 0 | ORDER declining to accept 127 proposed findings and recommended partial disposition of magistrate judge. This action is again referred to Magistrate Judge Ray for disposition or recommended disposition, as appropriate, for all pretrial matters, including a reconsideration of Kelleys motion for summary judgment. Signed by Judge J. Leon Holmes on 1/9/2013. (mcz) (Entered: 01/09/2013) | 2013-01-10 07:06:17 | 7946542e643d0e653cc81cba086c22af4bf0a6c7 | |
| 2013-01-14 | 139 | 0 | NOTICE of Appearance by James O. Howe on behalf of Wendy Kelley (Howe, James) (Entered: 01/14/2013) | |||
| 2013-01-14 | 140 | 0 | MOTION to Substitute Attorney by Wendy Kelley (Howe, James) (Entered: 01/14/2013) | |||
| 2013-01-16 | 141 | 0 | RESPONSE in Opposition re 136 MOTION to Strike 134 MOTION to Strike 132 Addendum, 129 MOTION for Summary Judgment, 131 Brief in Support, 130 MOTION for Summary Judgment filed by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe. (Odum, Michelle) (Entered: 01/16/2013) | |||
| 2013-01-29 | 142 | 0 | USCA JUDGMENT as to 112 Notice of Appeal filed by Kenneth L Waller, Jr: Appellant has not responded to the 8th Circuit order entered 1/10/2013. This appeal is dismissed for failure to prosecute. (mcz) (Entered: 01/30/2013) | |||
| 2013-01-29 | 143 | 0 | MANDATE of USCA in accordance with the judgment of 01/29/2013 as to 112 Notice of Appeal filed by Kenneth L Waller, Jr. (mcz) (Entered: 01/30/2013) | |||
| 2013-01-30 | 144 | 0 | ORDER granting deft Kelley's motion to substitute James Howe as counsel of record in place of Shawn Johnson; if defts wish to pursue the exhaustion issue, they must file their supplemental briefs addressing the Bower decision on or before 3/1/13; pltf's response to the briefs must be filed on or before 4/1/13; defts' motion to strike 134 is GRANTED IN PART AND DENIED IN PART; the Clerk is directed to redocket pltf's motion for summary judgment 129 as his response to defts' 108 motion for summary judgment; pltf's cross-motion for summary judgment 130 is STRICKEN FROM THE RECORD; pltf's 136 motion to strike is denied. Signed by Magistrate Judge J. Thomas Ray on 1/30/13. (vjt) (Entered: 01/30/2013) | |||
| 2013-02-06 | 145 | 0 | REPLY to Response to Motion re 129 MOTION for Summary Judgment filed by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe. (Odum, Michelle) (Entered: 02/06/2013) | |||
| 2013-02-13 | 146 | 0 | NOTICE OF APPEAL as to 144 Order, by Kenneth L Waller, Jr. (mcz) (Entered: 02/13/2013) | |||
| 2013-02-13 | 147 | 0 | Appellate Filing Fee Notice with IFP Application and Calculation Sheet issued to Kenneth L Waller, Jr; Response due by 3/18/2013. (mcz) (Entered: 02/13/2013) | |||
| 2013-03-01 | 148 | 0 | BRIEF IN SUPPORT re 89 Motion for Summary Judgment Supplemental Brief filed by Wendy Kelley. (Howe, James) (Entered: 03/01/2013) | |||
| 2013-03-01 | 149 | 0 | BRIEF IN SUPPORT re 108 Motion for Summary Judgment, 110 Brief in Support, (Supplemental Brief) filed by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe. (Attachments: # 1 Exhibit G, Chart of Claims/Grievances with Exhausted Grievances)(Odum, Michelle) (Entered: 03/01/2013) | |||
| 2013-03-11 | 150 | 0 | MOTION for Leave to Appeal in forma pauperis by Kenneth L Waller, Jr (mcz) (Entered: 03/11/2013) | |||
| 2013-03-14 | 151 | 0 | ORDER granting Plaintiff's 150 Motion for Leave to Appeal in forma pauperis, and directing that the ADC collect from Plaintiff an initial partial filing fee of $1.53, and monthly payments until a total of $455 has been paid. The Clerk is directed to send a copy of this Order to the ADC Trust Fund Centralized Banking Office, the ADC Compliance Office, and the Warden, Grimes Unit, Newport, AR. Signed by Magistrate Judge J. Thomas Ray on 3/14/2013. (mcz) (Entered: 03/14/2013) | |||
| 2013-03-14 | 152 | 0 | NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 144 Order, 146 Notice of Appeal filed by Kenneth L Waller, Jr. (mcz) (Entered: 03/14/2013) | |||
| 2013-03-21 | 153 | 0 | MOTION for Order to Show Cause by Kenneth L Waller, Jr (tjb) (Entered: 03/21/2013) | |||
| 2013-03-21 | 154 | 0 | MOTION for Default Judgment against defts Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance and Sheila Waldrupe by Kenneth L Waller, Jr (tjb) (Entered: 03/21/2013) | |||
| 2013-03-21 | 155 | 0 | BRIEF IN SUPPORT of supplemental response 122 filed by Kenneth L Waller, Jr. (tjb) (Entered: 03/21/2013) | |||
| 2013-03-22 | 156 | 0 | USCA Docketing Letter as to 146 Notice of Appeal filed by Kenneth L Waller, Jr. USCA Case Number 13-1645. (mcz) (Entered: 03/22/2013) | |||
| 2013-03-22 | 157 | 0 | ORDER of USCA: The Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format as to 146 Notice of Appeal filed by Kenneth L Waller, Jr (mcz) (Entered: 03/22/2013) | |||
| 2013-03-26 | 158 | 0 | USCA JUDGMENT as to 146 Notice of Appeal filed by Kenneth L Waller, Jr: This appeal is dismissed for lack of jurisdiction. (mcz) (Entered: 03/26/2013) | |||
| 2013-04-01 | 159 | 0 | SUPPLEMENTAL BRIEF IN SUPPORT of 122 Response to Medical Defendant's Motion for Summary Judgment, filed by Kenneth L Waller, Jr. (mcz) (Entered: 04/01/2013) | |||
| 2013-04-08 | 160 | 0 | RESPONSE to Motion re 154 MOTION for Default Judgment against Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Billy Cowell, Barbara Ann Gilbert, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe, 153 MOTION for Order to Show Cause filed by Sheila Armstrong, Ashley Bagwell, Brenda S Bridgeman, Corizon Inc, Billy Cowell, Jennifer G Horn, Betty Hutchinson, Melvin E Nance, Sheila Waldrupe. (Odum, Michelle) (Entered: 04/08/2013) | |||
| 2013-04-08 | 161 | 0 | RESPONSE re 155 Brief in Support Opposing Plaintiff's Motion to Strike by Wendy Kelley (Howe, James) (Entered: 04/08/2013) | |||
| 2013-04-17 | 162 | 0 | MANDATE of USCA in accordance with the judgment of 03/26/2013, as to 146 Notice of Appeal filed by Kenneth L Waller, Jr (mcz) (Entered: 04/17/2013) | |||
| 2013-04-24 | 163 | 0 | ORDER denying 153 Plaintiff's Motion for Order to Show Cause; and denying 154 Plaintiff's Motion for Default Judgment. Signed by Magistrate Judge J. Thomas Ray on 4/24/2013. (kdr) (Entered: 04/24/2013) | |||
| 2013-04-25 | 164 | 0 | ORDER denying 155 Plaintiff's Motion to Strike. Signed by Magistrate Judge J. Thomas Ray on 4/25/20013. (kdr) (Entered: 04/25/2013) | |||
| 2013-05-06 | 165 | 0 | PARTIAL REPORT AND RECOMMENDATIONS that 89 MOTION for Summary Judgment filed by Wendy Kelley be GRANTED and that pltf's claims against her be DISMISSED WITHOUT PREJUDICE; Objections to R&R due within 14 days. Signed by Magistrate Judge J. Thomas Ray on 5/6/13. (vjt) (Entered: 05/06/2013) | |||
| 2013-05-21 | 166 | 0 | MOTION for Extension of Time to File Objection by Kenneth L Waller, Jr (tjb) (Entered: 05/21/2013) | |||
| 2013-05-30 | 167 | 0 | ORDER granting 166 Kenneth L. Waller's motion for extension of time within which to file objections to the Proposed Findings and Recommended Partial Disposition. The time within which Waller must respond to the Proposed Findings and Recommended Partial Disposition is extended up to and including 6/24/2013. Signed by Judge J. Leon Holmes on 5/30/2013. (kdr) (Entered: 05/30/2013) | |||
| 2013-06-10 | 168 | 0 | MOTION to Disqualify Judge by Kenneth L Waller, Jr (pag) (Entered: 06/10/2013) | |||
| 2013-06-10 | 169 | 0 | MOTION to Stay Complaint by Kenneth L Waller, Jr (pag) (Entered: 06/10/2013) | |||
| 2013-06-27 | 170 | 0 | ORDER denying 168 Plaintiff's Motion to Disqualify Judge; denying 169 Plaintiff's Motion for Prohibition. Signed by Magistrate Judge J. Thomas Ray on 06/27/2013. (kcs) (Entered: 06/27/2013) | |||
| 2013-07-01 | 171 | 0 | OBJECTION to 165 Report and Recommendations by Kenneth L Waller, Jr (pag) (Entered: 07/01/2013) | |||
| 2013-07-09 | 172 | 0 | ORDER ADOPTING 165 Partial Report and Recommendations in their entirety; therefore, deft Kelley's motion for summary judgment 89 is GRANTED, and pltf's claims against her are dismissed without prejudice. Signed by Judge J. Leon Holmes on 7/9/13. (vjt) (Modified on 7/9/2013 to correct typographical error). (vjt) (Entered: 07/09/2013) | |||
| 2013-07-18 | 173 | 0 | MOTION to Strike by Kenneth L Waller, Jr (tjb) (Entered: 07/18/2013) | |||
| 2013-07-29 | 174 | 0 | ORDER granting 173 Plaintiff's Motion to Strike, and directing the Clerk to return pages 16 through 20 of 171 Objection to Plaintiff. Signed by Magistrate Judge J. Thomas Ray on 7/29/2013. (kdr) (Entered: 07/29/2013) | |||
| 2013-08-07 | 175 | 0 | MOTION for Writ of Mandamus by Kenneth L Waller, Jr. (kdr) (Entered: 08/07/2013) | |||
| 2013-08-09 | 176 | 0 | PROPOSED FINDINGS AND RECOMMENDED DISPOSITION recommending that Defendants' Motion for Summary Judgment 108 be GRANTED; that Plaintiff's Section 1983 claims that Defendants Armstrong and Waldrupe denied him adequate medical care in August of 2011 be DISMISSED, WITHOUT PREJUDICE, based on Plaintiff's failure to exhaust his administrative remedies; Plaintiff's remaining Section 1983 claims against Defendants Nance, Hutchinson, Bridgeman, Armstrong, Waldrupe, Gilbert, Horn, Cowell, Bagwell and Corizon be DISMISSED, WITH PREJUDICE; Plaintiff's pendant medical malpractice claim be DISMISSED, WITH PREJUDICE; and the Court CERTIFY that an in forma pauperis appeal from any Order adopting this Recommended Disposition would not be taken in good faith. An original and one copy of your objections must be received in the office of the U. S. District Clerk no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge J. Thomas Ray on 08/09/2013. (kcs) (Entered: 08/09/2013) | |||
| 2013-09-03 | 177 | 0 | ORDER that Waller's 175 Petition for Writ of Mandamus, which is construed as a motion for reconsideration, is DENIED. Signed by Judge J. Leon Holmes on 9/3/13. (vjt) (Entered: 09/03/2013) | |||
| 2013-09-03 | 178 | 0 | ORDER ADOPTING REPORT AND RECOMMENDATIONS 176 and granting 108 Motion for Summary Judgment. Plaintiffs section 1983 claim that defendants Armstrong and Waldrupe denied him adequate medical care in August of 2011 is dismissed, without prejudice, based on plaintiffs failure to exhaust his administrative remedies. Plaintiffs remaining section 1983 claims against defendants Nance, Hutchinson, Bridgeman, Armstrong, Waldrupe, Gilbert, Horn, Cowell, Bagwell and Corizon are dismissed, with prejudice. Plaintiffs pendent medical malpractice claim is dismissed with prejudice. Signed by Judge J. Leon Holmes on 9/3/13. (kpr) (Entered: 09/03/2013) | |||
| 2013-09-03 | 179 | 0 | JUDGMENT re 178 Order Adopting Report and Recommendations and dismissing the case in favor of the defendants. An ifp appeal would not be taken in good faith. Signed by Judge J. Leon Holmes on 9/3/13. (kpr) (Entered: 09/03/2013) |