Sanchez v. Hicks et al

Arkansas Western District Court
Judge:P K Holmes III
Referred: Mark E Ford
Case #: 2:23-cv-02011
Nature of Suit555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause42:1983 Prisoner Civil Rights
Case Filed:Jan 17, 2023
Terminated:Jul 11, 2023

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Docket last updated: 5 hours ago
Tuesday, July 11, 2023
25 25 order Judgment Tue 07/11 12:01 PM
JUDGMENT this matter is DISMISSED WITHOUT PREJUDICE. Signed by Honorable P. K. Holmes III on July 11, 2023. (tmc)
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24 24 1 pgs order Order on Report and Recommendations Order on Motion to Appoint Counsel Order Adopting Report and Recommendations ~Util - Terminate Motions Tue 07/11 11:57 AM
ORDER ADOPTING21 REPORT AND RECOMMENDATIONS IN ITS ENTIRETY; IT IS THEREFORE ORDERED that the case is DISMISSED WITHOUT PREJUDICE. Judgment will be entered accordingly; IT IS FURTHER ORDERED that Plaintiffs motion to appoint counsel is MOOT. Signed by Honorable P. K. Holmes III on July 11, 2023. (tmc)
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Thursday, June 29, 2023
23 23 motion Appoint Counsel Thu 06/29 10:05 AM
MOTION to Appoint Counsel and Interpreter by Jesus Armando Aguirre Sanchez. (tmc)
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Thursday, June 15, 2023
22 22 respoth Objection to Report and Recommendations Thu 06/15 10:58 AM
OBJECTION to21 Report and Recommendations and Request for Counsel by Jesus Armando Aguirre Sanchez. (tmc)
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Monday, June 05, 2023
21 21 motion Report and Recommendations Mon 06/05 1:07 PM
REPORT AND RECOMMENDATIONS re1 Complaint Referred (42:1983) filed by Jesus Armando Aguirre Sanchez. Objections to R&R due by 6/23/2023. Signed by Honorable Mark E. Ford on June 5, 2023. (jlm)
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Friday, May 12, 2023
20 20 order Order to Show Cause - Failure to Obey Order-TEXT ONLY Fri 05/12 10:08 AM
TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to Respond to Defendants' Motion for Summary Judgment for Failure to Exhaust Administrative Remedies by 5/11/2023. (ECF No. 19). This Order was not returned as undeliverable. That deadline has now passed, and Plaintiff has not responded. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 6/2/2023. Signed by Honorable Mark E. Ford on May 12, 2023. (ksb)
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Thursday, April 20, 2023
19 19 order Order Directing Response to Motion - TEXT ONLY Thu 04/20 9:03 AM
TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION16 FOR SUMMARY JUDGMENT. Plaintiff is directed to file a Response to the Motion for Summary Judgment within 21 days. At the summary judgment stage, a plaintiff can not rest upon mere allegations and, instead, must meet proof with proof. See Fed.R.Civ.P. 56(e). This means the the Response must include legal arguments, as well as affidavits, prison records, or other evidence establishing that there is a genuine issue of material fact that must be resolved at a hearing or trial. The affidavit must be based upon the personal knowledge of the person executing the affidavit and must be either : (1) sworn and subscribed to by a notary public;or (2) executed under penalty of perjury, as provided for by 28 U.S.C. 1746. Furthermore, Plaintiff must also separately file a Statement of Disputed Facts , which lists: (a) any disagreement with the specifically numbered factual assertions contained in the Statement of Undisputed Facts filed by the Defendant;and (b) any other disputed facts that must be resolved at a hearing or trial. If Plaintiff disputes any of the facts set forth by the Defendant in the Statement of Undisputed Facts, each numbered paragraph must be identified that contains the fact in dispute and , for each paragraph identified, explain why there is a dispute. Plaintiff is advised that if he intends to rely upon any records or exhibits that have been previously filed with the Court, Plaintiff must specifically refer to those documents by ECF document and page numbers. The Court will not sift through the file to find support for the factual contentions. See Crossley v. Georgia-Pacific Corp ., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (affirming the grant of summary judgment because a plaintiff failed to properly refer to specific pages in the record that supported his position). Plaintiff is advised that the failure to timely and properly comply with this Order will result in: (a) all of the facts set forth by the Defendant in the summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c);and/or (b) shall subject this case to dismissal, without prejudice, pursuant to Local Rule 5.5(c)(2). Response to Motion for Summary Judgment due by 5/11/2023. Signed by Honorable Mark E. Ford on April 20, 2023. (ksb)
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Wednesday, April 19, 2023
18 18 msupport Statement of Facts Wed 04/19 12:43 PM
STATEMENT OF FACTS in support of16 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Baker, Hardwick, Hicks, Mongol, Okinouski.(Dugger, Melissa)
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Att: 1 Exhibit No. A - Affidavit of Winters,
Att: 2 Exhibit No. A1 - Arrest & Booking,
Att: 3 Exhibit No. A2 - Requests & Grievances,
Att: 4 Exhibit No. A5 - Policies & Procedures
17 17 8 pgs msupport Memorandum Brief in Support Wed 04/19 12:41 PM
MEMORANDUM BRIEF in Support of16 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Baker, Hardwick, Hicks, Mongol, Okinouski. (Dugger, Melissa)
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16 16 motion Summary Judgment Wed 04/19 12:40 PM
MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Baker, Hardwick, Hicks, Mongol, Okinouski. Motions referred to Mark E. Ford.(Dugger, Melissa)
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Thursday, March 30, 2023
15 15 order Bench Order PC cases - TEXT ONLY Thu 03/30 9:35 AM
TEXT ONLY BENCH ORDER. If Defendants intend to pursue a defense, pursuant to the Prison Litigation Reform Act, 42 U.S.C. 1997(e)(a), that Plaintiff failed to exhaust his administrative remedies before filing this lawsuit, Defendants must raise the issue in a motion for summary judgment filed no later than 45 days from the date of this Order. All discovery is stayed until the Court resolves any exhaustion issues. If Defendants do not intend to pursue an exhaustion defense, the Defendants should PROMPTLY file a notice so stating. Summary Judgment Motion due by 5/15/2023 Signed by Honorable Mark E. Ford on March 30, 2023.(ksb)
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14 14 answer Answer to Amended Complaint Thu 03/30 9:22 AM
ANSWER to10 Amended Complaint with Jury Demand by Baker, Hardwick, Hicks, Mongol, Okinouski.(Dugger, Melissa)
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Friday, March 17, 2023
13 13 service Summons Returned Executed Fri 03/17 2:51 PM
SUMMONS Returned Executed by Jesus Armando Aguirre Sanchez. Baker served on 3/9/2023, answer due 3/30/2023; Hardwick served on 3/9/2023, answer due 3/30/2023; Hicks served on 3/9/2023, answer due 3/30/2023; Mongol served on 3/9/2023, answer due 3/30/2023; Okinouski served on 3/9/2023, answer due 3/30/2023. (tmc)
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Monday, March 06, 2023
12 12 service Summons Issued Mon 03/06 1:09 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Baker, Hardwick, Hicks, Mongol, Okinouski and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 10 Amended Complaint, 11 Order Directing Service, 4 Magistrate Notice/Consent Form. (jlm)
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11 11 2 pgs order Order Directing Service Mon 03/06 1:06 PM
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Baker, Hardwick, Hicks, Mongol, Okinouski and granting 21 days to answer. Signed by Honorable Mark E. Ford on March 6, 2023. (jlm)
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Monday, February 27, 2023
10 10 cmp Amended Complaint Mon 02/27 10:50 AM
AMENDED COMPLAINT as to7 Amended Complaint, against Okinouski, Chase, Fields, Hicks, Baker, Hardwick, Mongol, filed by Jesus Armando Aguirre Sanchez. Related document:7 Amended Complaint, filed by Jesus Armando Aguirre Sanchez.(jlm)
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Thursday, February 16, 2023
9 9 6 pgs order Order Directing Pleading to be Filed Thu 02/16 9:14 AM
ORDER DIRECTING that an Amended Complaint be filed. Amended Complaint due by 3/15/2023.. Signed by Honorable Mark E. Ford on February 15, 2023. (jlm)
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order Order Regarding Complaint Deficiency - TEXT ONLY Thu 02/16 8:57 AM
**DISREGARD FILED IN WRONG CASE** TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. The Court has identified potential legal and factual deficiences with the Amended Complaint, (ECF No. 7), that may result in its dismissal pursuant to 28 U.S.C. s. 1915A(a). For this reason, Plaintiff is directed to submit a Second Amended Complaint within 21 days of the date of this Order. The Clerk is directed to mail the Plaintiff a court-approved 1983 form. In the Second Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated; the name of the Defendant who violated the right; exactly what each Defendant did or failed to do and when; how the action or inaction of that Defendant is connected to the violation of the constitutional rights; and what specific injury Plaintiff suffered because of the misconduct of that Defendant. See Rizzo v. Goode, 423 U.S. 362,371-72,377 (1976);Fed.R.Civ.P.8. Plaintiff must repeat this process for each person he has named as a Defendant. If Plaintiff does not know the full name of a defendant, Plaintiff is directed to provide as much identifying information as possible about that defendant. Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered. If he fails to do so, the allegations against that Defendant will be dismissed for failure to state a claim. Plaintiff must clearly designate on the face of the document that it is a Second Amended Complaint. The Second Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. The Second Amended Complaint may not refer back to any part of the original complaint. An amended complaint supersedes, or takes the place of, the original Complaint. After amendment, the Court will treat the original Complaint and the First Amended Complaint as nonexistent. Any cause of action that was raised in the original Complaint or First Amended Complaint is waived (or will not be considered) if it is not also raised in the Second Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Second Amended Complaint to the Court by the deadline. CLERK TO FOLLOW UP Second Amended Complaint due by 3/9/2023. Signed by Honorable Mark E. Ford on February 16, 2023. (ksb) Modified on 2/16/2023 (jlm)
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Wednesday, February 08, 2023
7 7 cmp Amended Complaint Wed 02/08 8:55 AM
AMENDED COMPLAINT as to1 Complaint Referred (42:1983) against Okinouski, Chase, Fields, Hicks, Baker, Hardwick, Mongol, filed by Jesus Armando Aguirre Sanchez. Related document:1 Complaint Referred (42:1983) filed by Jesus Armando Aguirre Sanchez.(jlm)
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Friday, January 27, 2023
order Order Regarding Complaint Deficiency - TEXT ONLY Fri 01/27 2:26 PM
TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff did not indicate the date(s) of occurrence for the incident or incidents in his Complaint. For this reason, Plaintiff is directed to submit an Amended Complaint within 21 days of the date of this Order . The Clerk is directed to mail the Plaintiff a court-approved 1983 form . In the Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. See Rizzo v. Goode , 423 U.S. 362,371-72,377 (1976);Fed.R.Civ.P.8. Plaintiff must repeat this process for each person he has named as a Defendant. Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered. If he fails to do so, the allegations against that Defendant will be dismissed for failure to state a claim. Plaintiff must clearly designate on the face of the document that it is a First Amended Complaint. The First Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. You may not refer back to any part of the original complaint. A First Amended Complaint supersedes, or takes the place of, the original Complaint. After amendment, the Court will treat the original Complaint as nonexistent. Any cause of action that was raised in the original Complaint is waived if it is not raised in the First Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the deadline . CLERK TO FOLLOW UP Amended Complaint due by 2/17/2023. Signed by Honorable Mark E. Ford on January 27, 2023. (klk)
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Tuesday, January 17, 2023
5 5 misc Clerk's Order PLRA Initial Fee Tue 01/17 3:48 PM
CLERK'S ORDER re PLRA Initial Fee directing Crawford County Justice Center to collect from petitioner's prison account an initial partial filing fee of $14.82; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full (cc: Crawford County Justice Center). (jlm)
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4 4 notice Magistrate Notice/Consent Form Tue 01/17 3:47 PM
Magistrate Notice/Consent Form (jlm)
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3 3 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis (42:1983) Tue 01/17 3:46 PM
ORDER granting2 Motion for Leave to Proceed in forma pauperis (42:1983). Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the filing fee from the Plaintiff. Plaintiff is advised that he is required to immediately inform the Court of any change of address. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of the new address. Plaintiff shall submit a change of address on a separate piece of paper entitled Notice to the Court of Change of Address and not include any motions or otherwise request relief in this document. The notice shall contain only information pertaining to the address change. The case will be subject to dismissal if Plaintiff fails to inform the Court of an address change. The Clerk is directed to collect the filing fee in the amount of $350.00. Signed by Honorable Mark E. Ford on January 17, 2023. (jlm)
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2 2 motion Proceed In Forma Pauperis (42:1983) Tue 01/17 3:44 PM
MOTION for Leave to Proceed in forma pauperis (42:1983) by Jesus Armando Aguirre Sanchez. Motions referred to Mark E. Ford.(jlm)
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1 1 cmp Complaint Referred (42:1983) Tue 01/17 3:42 PM
COMPLAINT REFERRED (42:1983) against Chase, Fields, Hardwick, Hicks, Mongol, Okinouski, filed by Jesus Armando Aguirre Sanchez.(jlm)
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