Brandon v. W C "Dub" Brassell Detention Center et al

Arkansas Eastern District Court
Judge:Billy Roy Wilson
Referred: Joe J Volpe
Case #: 5:17-cv-00152
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:May 31, 2017
Terminated:Mar 19, 2018
Defendant
Cornelia Rose
Defendant
Darinda Smith
Defendant
Denise Canada-Johnson
Defendant
Does
Defendant
Gygaryne Brown
Defendant
W C "Dub" Brassell Detention Center
Plaintiff
Edgar A Brandon

GPO Jun 30 2017
ORDER approving and adopting the 4 Proposed Findings and Partial Recommended Disposition in all respects and dismissing Defendant W.C. "Dub" Brassell Detention Center without prejudice due to Plaintiff's failure to state a claim against it. Signed by Judge Billy Roy Wilson on 6/30/2017. (mef)
GPO Feb 26 2018
PROPOSED FINDINGS AND RECOMMENDATIONS that Defendants' first names are Darinda Smith, Gygaryne Brown, Cornelia Rose and Denise Canada-Johnson. The Clerk is directed to amend the docket to reflect their first names. Defendants' motion for partial summary judgment be granted 26. Plaintiff's cause of action be dismissed with prejudice. Pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from an order adopting this recommendation and the accompany judgment 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 2/26/2018. (lej)
GPO Mar 19 2018
issing with prejudice Plaintiff's cause of action; and certifying an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 3/19/2018. (cmn)ORDER approving and adopting 32 Proposed Findings and Recommended Disposition in all respects; directing the Clerk to amend the docket to reflect the full names of Defendants; granting 26 Defendants' Motion for Partial Summary Judgment; dism
GPO Mar 19 2018
JUDGMENT: Consistent with 33 Order, this case is dismissed with prejudice. An in forma pauperis appeal from this Judgment and the corresponding Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 3/19/2018. (cmn)

Docket last updated: 04/18/2024 11:59 PM CDT
Monday, March 19, 2018
35 35 appeal Appellate Filing Fee Notice Mon 03/19 11:08 AM
APPELLATE FILING FEE NOTICE to Plaintiff. (cmn)
Related: [-]
34 34 order Judgment 1983 Mon 03/19 11:07 AM
JUDGMENT: Consistent with33 Order, this case is dismissed with prejudice. An in forma pauperis appeal from this Judgment and the corresponding Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 3/19/2018. (cmn)
Related: [-]
33 33 1 pgs order Order Adopting Report and Recommendations Order on Report and Recommendations Order on Motion for Partial Summary Judgment Mon 03/19 11:05 AM
ORDER approving and adopting32 Proposed Findings and Recommended Disposition in all respects; directing the Clerk to amend the docket to reflect the full names of Defendants; granting26 Defendants' Motion for Partial Summary Judgment; dismissing with prejudice Plaintiff's cause of action; and certifying an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 3/19/2018. (cmn)
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Monday, February 26, 2018
32 32 motion Report and Recommendations Tue 02/27 10:22 AM
PROPOSED FINDINGS AND RECOMMENDATIONS that Defendants' first names are Darinda Smith, Gygaryne Brown, Cornelia Rose and Denise Canada-Johnson. The Clerk is directed to amend the docket to reflect their first names. Defendants' motion for partial summary judgment be granted26 . Plaintiff's cause of action be dismissed with prejudice. Pursuant to 28 U.S.C. § 1915(a)(3), an in forma pauperis appeal from an order adopting this recommendation and the accompany judgment 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 2/26/2018. (lej)
Related: [-]
Monday, February 12, 2018
31 31 order Order on Motion to Dismiss Mon 02/12 2:08 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting the joint motion to dismiss Plaintiff's excessive force claims against Defendants30 . Signed by Magistrate Judge Joe J. Volpe on 2/12/2018. (lej)
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30 30 motion Dismiss Mon 02/12 11:30 AM
Joint MOTION to Dismiss Plaintiff's Excessive Force Claims by D Brown, Johnson, Rose, D Smith (Hill, Jonathan)
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Monday, February 05, 2018
29 29 order Order on Motion to Withdraw as Attorney Mon 02/05 8:32 AM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Defendants' motion to withdraw attorney John R. Myers24 . Signed by Magistrate Judge Joe J. Volpe on 2/5/2018. (lej)
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28 28 misc Statement of Facts (Local Rule 56.1) Mon 02/05 8:09 AM
STATEMENT OF FACTS (Local Rule 56.1) re26 Motion for Partial Summary Judgment,27 Brief in Support filed by D Brown, Johnson, Rose, D Smith. (Hill, Jonathan)
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27 27 brief Brief in Support Mon 02/05 8:08 AM
BRIEF IN SUPPORT re26 Motion for Partial Summary Judgment filed by D Brown, Johnson, Rose, D Smith.(Hill, Jonathan)
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Att: 1 Incident Report,
Att: 2 Nurse's Notes
26 26 motion Partial Summary Judgment Mon 02/05 8:04 AM
MOTION for Partial Summary Judgment by D Brown, Johnson, Rose, D Smith (Hill, Jonathan)
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25 25 notice Notice of Appearance Mon 02/05 8:03 AM
NOTICE of Appearance by Jonathan C. Hill on behalf of D Brown, Johnson, Rose, D Smith (Hill, Jonathan)
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24 24 motion Withdraw as Attorney Mon 02/05 8:02 AM
MOTION to Withdraw as Attorney John R. Myers by D Brown, Johnson, Rose, D Smith (Newell, C.)
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Wednesday, January 31, 2018
23 23 1 pgs order Order Wed 01/31 12:57 PM
LETTER/ORDER in response to Plaintiff's Letter22 . Signed by Magistrate Judge Joe J. Volpe on 1/31/2018. (lej)
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22 22 misc Letter Wed 01/31 10:58 AM
LETTER to the Court from Edgar A Brandon. (mef)
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Thursday, September 07, 2017
21 21 order Order on Appeal of a Magistrate Judge Decision to District Court Thu 09/07 4:10 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying, after careful consideration,20 Plaintiff's Motion on the Appeal of a Magistrate Judge Decision. Signed by Judge Billy Roy Wilson on 09/07/17. (dmm)
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Wednesday, August 30, 2017
20 20 motion Appeal of Magistrate Judge Decision to District Court Wed 08/30 4:33 PM
APPEAL of Magistrate Judge Decision to District Court by Edgar A Brandon re 19 Order. (kdr)
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Monday, July 17, 2017
19 19 order Order on Motion to Appoint Counsel Mon 07/17 9:32 AM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel18 . A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action but the Court may appoint counsel at its discretion. 28 U.S.C. § 1915(e)(1). The Court has considered Plaintiff's need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual complexity of the case, the Plaintiff's ability to investigate and present his case, and the complexity of the legal issues. In considering these factors, the Court finds that Plaintiff's claims do not appear legally or factually complex, and it appears he is capable of prosecuting his claims without appointed counsel. Signed by Magistrate Judge Joe J. Volpe on 7/17/2017. (lej)
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Tuesday, July 11, 2017
18 18 motion Appoint Counsel Tue 07/11 2:06 PM
MOTION to Appoint Counsel by Edgar A Brandon. (ljb)
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Wednesday, July 05, 2017
17 17 order Scheduling Order Wed 07/05 2:25 PM
INITIAL SCHEDULING ORDER: Discovery due by 1/5/2018. Dispositive motions due by 2/5/2018. Dispositive motions on the issue of exhaustion due by 9/5/2017. Signed by Magistrate Judge Joe J. Volpe on 7/5/2017. (lej)
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16 16 notice Consent Notice Wed 07/05 2:08 PM
NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej)
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Friday, June 30, 2017
15 15 order Order Adopting Report and Recommendations ~Util - Add and Terminate Parties Order on Partial Report and Recommendations Fri 06/30 9:24 AM
ORDER approving and adopting the4 Proposed Findings and Partial Recommended Disposition in all respects and dismissing Defendant W.C. "Dub" Brassell Detention Center without prejudice due to Plaintiff's failure to state a claim against it. Signed by Judge Billy Roy Wilson on 6/30/2017. (mef)
Related: [-]
Monday, June 26, 2017
14 14 notice Notice (Other) Mon 06/26 2:22 PM
NOTICE by Edgar A Brandon. (ljb)
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Thursday, June 15, 2017
13 13 order Order ~Util - Add and Terminate Parties Thu 06/15 4:04 PM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting without prejudice Plaintiff's request to dismiss Defendant Does from the complaint12 . Signed by Magistrate Judge Joe J. Volpe on 6/15/2017. (lej)
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12 12 respoth Response (Non Motion) Thu 06/15 11:38 AM
RESPONSE re3 Order, by Edgar A Brandon. (kdr)
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Wednesday, June 14, 2017
11 11 service Summons Returned Executed Thu 06/15 9:27 AM
SUMMONS Returned Executed. Johnson served on 6/12/2017. (scw)
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10 10 service Summons Returned Executed Thu 06/15 9:26 AM
SUMMONS Returned Executed. Rose served on 6/12/2017. (scw)
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9 9 service Summons Returned Executed Thu 06/15 9:25 AM
SUMMONS Returned Executed. D Brown served on 6/12/2017. (scw)
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8 8 service Summons Returned Executed Thu 06/15 9:24 AM
SUMMONS Returned Executed. D Smith served on 6/12/2017. (scw)
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7 7 notice Notice of Appearance Wed 06/14 2:35 PM
NOTICE of Appearance by C. Burt Newell on behalf of D Brown, Johnson, Rose, D Smith (Newell, C.)
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6 6 answer Answer to Complaint Wed 06/14 2:33 PM
ANSWER to2 Complaint by D Brown, Johnson, Rose, D Smith.(Myers, John)
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Friday, June 02, 2017
5 5 order Order Fri 06/02 2:06 PM
ORDER that the Clerk shall prepare summons and the USM shall serve Defendants Smith, Brown, Rose, and Johnson without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 6/2/2017. (lej)
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4 4 motion Partial Report and Recommendations Fri 06/02 2:00 PM
PROPOSED FINDINGS AND RECOMMENDATIONS that Defendant W.C. "Dub" Brassell Detention Center be dismissed without prejudice due to Plaintiff's failure to state a viable claim against it2 . Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 6/2/2017. (lej)
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3 3 order Order on Motion for Leave to Proceed In Forma Pauperis Fri 06/02 1:57 PM
ORDER granting Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit1 . Plaintiff shall file, within 90 days of the date of this order, a motion for service stating the full name and service address of any Doe defendant. Failure to do so will result in the dismissal of Plaintiff's claims against those defendants without prejudice. Signed by Magistrate Judge Joe J. Volpe on 6/2/2017. (lej)
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service Summons Issued Fri 06/02 2:08 PM
Summons Issued as to Defendants D Brown, Johnson, Rose, and, D Smith. (lej)
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Wednesday, May 31, 2017
2 2 cmp Complaint Wed 05/31 1:24 PM
COMPLAINT against all Defendants filed by Edgar A Brandon.(mef)
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1 1 motion Proceed In Forma Pauperis Wed 05/31 1:23 PM
MOTION for Leave to Proceed in forma pauperis filed by Edgar A Brandon.(mef)
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