Dambrosia-Shaw v. Elkins et al
| Arkansas Eastern District Court | |
| Judge: | Jerome T Kearney |
| Referred: | Jerome T Kearney |
| Case #: | 4:22-cv-00954 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Oct 03, 2022 |
| Terminated: | Oct 25, 2023 |
Defendant
Anita Maples
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Defendant
Darrell Elkin
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Defendant
David Maples
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Defendant
John Staley
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Plaintiff
Zachariah P Dambrosia-Shaw
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GPO
Oct 11 2022
ORDER directing the Clerk of the Court to prepare Summons for Defendant Elkins; and directing the U.S. Marshal to serve a copy of 2 Complaint, Summons, and this Order Defendant Elkins without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Jerome T. Kearney on 10/11/2022. (ldb) |
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GPO
Nov 04 2022
ORDER approving and adopting, in its entirety, 7 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing Plaintiff's claims against Defendant Staley for failure to state a claim on which relief may be granted; dismissing Defendant Staley as a party to this action; dismissing Plaintiff's due process claim against Defendant D. Maples for failure to state a claim on which relief may be granted; and dismissing Plaintiff's claim that he was wrongfully charged for medical care for failure to state a claim on which relief may be granted. Signed by Judge James M. Moody Jr. on 11/04/2022. (llg) |
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GPO
Oct 25 2023
JUDGMENT: Based on the Order entered this date, Plaintiff's Complaint is dismissed with prejudice as to Defendants Darrell Elkin, Anita Maples, and David Maples, and without prejudice as to Defendant John Staley. Signed by Magistrate Judge Jerome T. Kearney on 10/25/2023. (ldb) |
| Docket last updated: 04/28/2024 11:59 PM CDT |
| Wednesday, November 08, 2023 | ||
| 39 | 39
misc
Mail Returned
Wed 11/08 12:42 PM
Mail Returned Undeliverable as to Zachariah P Dambrosia-Shaw re35 Order,37 Appellate Filing Fee Notice. (fjg) |
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| Tuesday, November 07, 2023 | ||
| 38 | 38
misc
Mail Returned
Tue 11/07 11:54 AM
Mail Returned Undeliverable as to Zachariah P Dambrosia-Shaw re36 Judgment. (jbh) |
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| Wednesday, October 25, 2023 | ||
| 37 | 37
appeal
Appellate Filing Fee Notice
Wed 10/25 8:29 AM
APPELLATE FILING FEE NOTICE to Plaintiff. (ldb) |
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| 36 | 36
order
Judgment 1983
Wed 10/25 8:27 AM
JUDGMENT: Based on the Order entered this date, Plaintiff's Complaint is dismissed with prejudice as to Defendants Darrell Elkin, Anita Maples, and David Maples, and without prejudice as to Defendant John Staley. Signed by Magistrate Judge Jerome T. Kearney on 10/25/2023. (ldb) |
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| 35 | 35
9
pgs
order
Order on Motion for Summary Judgment
Wed 10/25 7:49 AM
ORDER granting29 Defendants' Motion for Summary Judgment Motion for Summary Judgment. Plaintiff's claims against Defendants Elkins, A. Maples, and D. Maples are DISMISSED with prejudice. Signed by Magistrate Judge Jerome T. Kearney on 10/25/2023. (lmc) |
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| Friday, September 15, 2023 | ||
| 34 | 34
3
pgs
order
Order
Fri 09/15 4:35 PM
ORDER directing Plaintiff to file, within 30 days of the entry of the Order, a Response to Defendants' Motion for Summary Judgment, and a separate Statement of Disputed Facts. Signed by Magistrate Judge Jerome T. Kearney on 9/15/2023. (ldb) |
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| Thursday, September 14, 2023 | ||
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1
pgs
order
Order on Motion to Extend Time
Fri 09/15 7:51 AM
ORDER granting28 Defendants' Motion for a one-week Extension of the Dispositive Motions Deadline. The dispositive motions deadline is extended to September 20, 2023. Signed by Magistrate Judge Jerome T. Kearney on 09/14/2023. (lmc) |
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| 32 | 32
utility
Notice of Docket Correction
Thu 09/14 2:46 PM
NOTICE OF DOCKET CORRECTION re31 Statement of Facts. CORRECTION: The original document was submitted in error (wrong image file). The correct document was added to docket entry31 based on the attached correspondence. (jak) |
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| 31 | 31
misc
Statement of Facts (Local Rule 56.1)
Thu 09/14 2:10 PM
STATEMENT OF FACTS (Local Rule 56.1) re29 Motion for Summary Judgment filed by Elkins, A Maples, D Maples.(Thomas, JaNan) (jak) |
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Att: 1
Exhibit No. A - Affidavit of Shipp,
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Att: 2
Exhibit No. A1 - Arrest & Booking,
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Att: 3
Exhibit No. A2 - Requests & Grievances,
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Att: 4
Exhibit No. A3 - Jail Medical File,
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Att: 5
Exhibit No. A4 - Placeholder (no exhibits cited from this section),
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Att: 6
Exhibit No. A5 - Incident Reports,
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Att: 7
Exhibit No. A6 - Policies & Procedures,
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Att: 8
Exhibit No. B - Plaintiff's Deposition,
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Att: 9
Exhibit No. C - Affidavit of Elkin,
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Att: 10
Exhibit No. D - Affidavit of Maple
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Att: 11
(9/14/2023) Main Document - Correct (submitted 9/14/2023)
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| 30 | 30
brief
Brief in Support
Thu 09/14 2:00 PM
BRIEF IN SUPPORT re29 Motion for Summary Judgment filed by Elkins, A Maples, D Maples. (Thomas, JaNan) |
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| 29 | 29
motion
Summary Judgment
Thu 09/14 1:58 PM
MOTION for Summary Judgment by Elkins, A Maples, D Maples (Thomas, JaNan) |
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| Monday, September 11, 2023 | ||
| 28 | 28
motion
Extend Time
Mon 09/11 3:46 PM
Second MOTION to Extend Time for Filing Defendants' Motion for Summary Judgment by Elkins, A Maples, D Maples (Thomas, JaNan) |
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| Friday, July 07, 2023 | ||
| 27 | 27
1
pgs
order
Order on Motion to Extend Time
Fri 07/07 3:57 PM
ORDER granting26 Defendants' Motion for Extension of the Discovery and Dispositive Motions Deadlines. The discovery deadline is extended to 08/10/2023. The dispositive motions deadline is extended to 09/10/2023. Signed by Magistrate Judge Jerome T. Kearney on 07/07/2023. (lmc) |
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| Thursday, July 06, 2023 | ||
| 26 | 26
motion
Extend Time
Thu 07/06 3:10 PM
MOTION to Extend Time to Complete Discovery and File Motion for Summary Judgment by Elkins, A Maples, D Maples (Thomas, JaNan) |
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| Tuesday, June 27, 2023 | ||
| 25 | 25
1
pgs
order
Order on Motion to Take Deposition
Tue 06/27 10:07 AM
ORDER granting24 Defendants' Motion to take Plaintiff Zachariah P. Dambrosia-Shaw's deposition. The deposition may be taken by remote means. Signed by Magistrate Judge Jerome T. Kearney on 06/27/2023. (lmc) |
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| Friday, June 23, 2023 | ||
| 24 | 24
motion
Take Deposition
Fri 06/23 9:29 AM
MOTION to Take Deposition from Zachariah Dambrosia-Shaw by Elkins, A Maples, D Maples (Thomas, JaNan) |
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| Thursday, March 02, 2023 | ||
| 23 | 23
notice
Notice (Other)
Thu 03/02 2:16 PM
NOTICE by Elkins, A Maples, D Maples re22 Scheduling Order, of No Exhaustion Motion to Be Filed by Defendants (Thomas, JaNan) |
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| Friday, January 06, 2023 | ||
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order
Scheduling Order
Fri 01/06 4:13 PM
INITIAL SCHEDULING ORDER: The parties shall complete discovery on or before 7/6/2023 and file any dispositive motions on or before 8/7/2023. A Motion based on failure to exhaust must be filed by 3/6/2023. Signed by Magistrate Judge Jerome T. Kearney on 1/6/2023. (ldb) |
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| Thursday, January 05, 2023 | ||
| 21 | 21
answer
Answer to Complaint
Thu 01/05 12:52 PM
ANSWER to2 Complaint by Elkins.(Thomas, JaNan) |
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| 20 | 20
notice
Notice of Appearance
Thu 01/05 12:51 PM
NOTICE of Appearance by JaNan Arnold Thomas on behalf of Elkins (Thomas, JaNan) |
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| Tuesday, December 27, 2022 | ||
| 19 | 19
service
Summons Returned Executed
Tue 12/27 4:43 PM
SUMMONS Returned Executed. Elkins served on 12/20/2022. Address Under Seal. (fjg) |
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| Tuesday, December 06, 2022 | ||
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service
Summons Reissued
Tue 12/06 11:46 AM
Summons Reissued as to Elkins and forwarded to U.S. Marshal for service. (ldb) |
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| Friday, December 02, 2022 | ||
| 18 | 18
1
pgs
order
Order
Tue 12/06 8:15 AM
ORDER directing the Clerk of the Court to prepare Summonses for Defendant Elkin; and directing the U.S. Marshal to serve a copy of2 Complaint, Summons, and this Order Defendant Elkin without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Jerome T. Kearney on 12/2/2022. (ldb) |
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| 17 | 17
1
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Fri 12/02 2:57 PM
ORDER denying as moot15 Plaintiff Zachariah P. Dambrosia-Shaw's Motion to Proceed In Forma Pauperis. The defendant was granted in forma pauperis status already on October 11, 2022. Signed by Magistrate Judge Jerome T. Kearney on 12/2/2022. (lmc) |
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| Wednesday, November 30, 2022 | ||
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service
Summons Returned Unexecuted
Wed 11/30 4:52 PM
Summons Returned Unexecuted as to Elkins. (kth) |
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| 15 | 15
motion
Proceed In Forma Pauperis
Wed 11/30 11:27 AM
MOTION for Leave to Proceed in forma pauperis by Zachariah P Dambrosia-Shaw. (llg) |
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| Tuesday, November 22, 2022 | ||
| 14 | 14
order
Consent to Jurisdiction by U.S. Magistrate Judge
Tue 11/22 10:09 AM
CONSENT to Jurisdiction by U.S. Magistrate Judge. Case reassigned to Magistrate Judge Jerome T. Kearney. Signed by Judge James M. Moody Jr. on 11/22/2022. (llg) |
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| Monday, November 07, 2022 | ||
| 13 | 13
notice
Consent Notice
Mon 11/07 10:23 AM
NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court to the parties. (lmc) |
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| Friday, November 04, 2022 | ||
| 12 | 12
1
pgs
order
Order Adopting Report and Recommendations ~Util - Add and Terminate Parties Order on Partial Report and Recommendations
Fri 11/04 11:46 AM
ORDER approving and adopting, in its entirety,7 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing Plaintiff's claims against Defendant Staley for failure to state a claim on which relief may be granted; dismissing Defendant Staley as a party to this action; dismissing Plaintiff's due process claim against Defendant D. Maples for failure to state a claim on which relief may be granted; and dismissing Plaintiff's claim that he was wrongfully charged for medical care for failure to state a claim on which relief may be granted. Signed by Judge James M. Moody Jr. on 11/04/2022. (llg) |
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| Tuesday, November 01, 2022 | ||
| 11 | 11
answer
Answer to Complaint
Tue 11/01 8:57 AM
ANSWER to2 Complaint by A Maples, D Maples.(Thomas, JaNan) |
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| 10 | 10
notice
Notice of Appearance
Tue 11/01 8:56 AM
NOTICE of Appearance by JaNan Arnold Thomas on behalf of A Maples, D Maples (Thomas, JaNan) |
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| Friday, October 28, 2022 | ||
| 9 | 9
service
Summons Returned Executed
Mon 10/31 9:22 AM
SUMMONS Returned Executed. A Maples served on 10/21/2022. (kth) |
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| 8 | 8
service
Summons Returned Executed
Mon 10/31 9:21 AM
SUMMONS Returned Executed. D Maples served on 10/21/2022. (kth) |
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| Wednesday, October 12, 2022 | ||
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service
Summons Issued
Wed 10/12 8:20 AM
Summons Issued as to A Maples, D Maples and forwarded to U.S. Marshal for service. (ldb) |
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service
Summons Issued
Wed 10/12 8:21 AM
Summons Issued as to Elkins and forwarded to U.S. Marshal for service. (ldb) |
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| Tuesday, October 11, 2022 | ||
| 7 | 7
motion
Partial Report and Recommendations
Tue 10/11 3:45 PM
PROPOSED FINDINGS AND RECOMMENDATIONS recommending that: Plaintiff's claims against Defendant Staley be dismissed; Defendant Staley be dismissed as a party to this action; Plaintiff's due process claim against Defendant D. Maples be dismissed; and that Plaintiff's claim that he was wrongfully charged for medical care be dismissed. Plaintiff's remaining claims will be served. Objections due with 14 days of this Recommendation. Signed by Magistrate Judge Jerome T. Kearney on 10/11/2022. (ldb) |
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| 6 | 6
1
pgs
order
Order
Tue 10/11 3:41 PM
ORDER directing the Clerk of the Court to prepare Summons for Defendant Elkins; and directing the U.S. Marshal to serve a copy of2 Complaint, Summons, and this Order Defendant Elkins without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Jerome T. Kearney on 10/11/2022. (ldb) |
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| 5 | 5
5
pgs
order
Order Directing Prisoner Payment
Tue 10/11 3:39 PM
ORDER granting1 Motion to Proceed In Forma Pauperis; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk to forward a copy of this Order to the Administrator of the Lonoke County Detention Center; directing the Clerk of the Court to prepare Summons for Defendants D. Maples and A. Maples; and directing the U.S. Marshal to serve a copy of the2 Complaint, Summons, and this Order Defendants D. Maples and A. Maples without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Jerome T. Kearney on 10/11/2022. (ldb) |
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| 4 | 4
2
pgs
order
Order
Tue 10/11 3:25 PM
INITIAL ORDER FOR PRO SE PRISONERS. Signed by Magistrate Judge Jerome T. Kearney on 10/11/2022. (lmc) |
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| Thursday, October 06, 2022 | ||
| 3 | 3
utility
Notice of Docket Correction
Thu 10/06 9:03 AM
NOTICE OF DOCKET CORRECTION re2 Complaint. CORRECTION: The original document was submitted in error (incomplete case number) due to a clerical mistake by the Clerk's office. The correct document was added to2 and hereto for service/review by the parties. (kbc) |
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| Monday, October 03, 2022 | ||
| 2 | 2
cmp
Complaint
Mon 10/03 4:38 PM
COMPLAINT against All Defendants, filed by Zachariah P Dambrosia-Shaw. (ldb) |
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| 1 | 1
motion
Proceed In Forma Pauperis
Mon 10/03 4:24 PM
MOTION for Leave to Proceed in forma pauperis by Zachariah Dambrosia-Shaw. (ldb) |
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