Bower v. ADC et al
| Arkansas Eastern District Court | |
| Judge: | Lee P Rudofsky |
| Referred: | Edie R Ervin |
| Case #: | 4:23-cv-01167 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Dec 07, 2023 |
| Terminated: | Jan 29, 2025 |
Defendant
ADC
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Defendant
Freddy Childs
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Plaintiff
Richard Bower
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GPO
Apr 25 2024
ORDER approving and adopting 12 Partial Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; dismissing, without prejudice, Plaintiff's claims against the ADC, and his official capacity claim for money damages against Defendant Childs; instructing the Clerk to terminate ADC as a party Defendant; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 4/25/2024. (ldb) |
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GPO
May 29 2024
ORDER giving Mr. Bower until 06/21/2024 to file a response to 24 Defendant Fields' motion for summary judgment on the issue of exhaustion; and a separate statement of disputed facts. Signed by Magistrate Judge Edie R. Ervin on 05/29/2024. (llg) |
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GPO
Jul 01 2024
RECOMMENDED DISPOSITION recommending 24 Officer Childs' motion for summary judgment be granted; Mr. Bower's excessive force claim against Officer Childs be dismissed, without prejudice; and the Clerk be instructed to close this case. Objections due within 14 days of the date of this Recommendation. Signed by Magistrate Judge Edie R. Ervin on 07/01/2024. (llg) |
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GPO
Jan 29 2025
ORDER approving and adopting 32 Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; granting 24 Motion for Summary Judgment; dismissing, without prejudice, Plaintiff's excessive force claim against Defendant Childs; instructing the Clerk to close this case; and certifying that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 1/29/2025. (ldb) |
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GPO
Jan 29 2025
JUDGMENT: Consistent with 34 Order that was entered today and prior Orders, all claims in this case are hereby dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this Judgment or any related Orders would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 1/29/2025. (ldb) |
| Docket last updated: 05/06/2025 11:59 PM CDT |
| Wednesday, January 29, 2025 | ||
| 36 | 36
appeal
Appellate Filing Fee Notice
Wed 01/29 4:01 PM
APPELLATE FILING FEE NOTICE to Plaintiff. (ldb) |
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| 35 | 35
order
Judgment 1983
Wed 01/29 3:57 PM
JUDGMENT: Consistent with34 Order that was entered today and prior Orders, all claims in this case are hereby dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this Judgment or any related Orders would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 1/29/2025. (ldb) |
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| 34 | 34
1
pgs
order
Order Adopting Report and Recommendations Order on Motion for Summary Judgment Order on Report and Recommendations
Wed 01/29 3:53 PM
ORDER approving and adopting32 Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; granting24 Motion for Summary Judgment; dismissing, without prejudice, Plaintiff's excessive force claim against Defendant Childs; instructing the Clerk to close this case; and certifying that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 1/29/2025. (ldb) |
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| Wednesday, July 10, 2024 | ||
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respoth
Objection to Report and Recommendations
Wed 07/10 2:51 PM
OBJECTION to32 Recommended Disposition, by Richard Bower. (ldb) |
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| Monday, July 01, 2024 | ||
| 32 | 32
motion
Report and Recommendations
Mon 07/01 4:10 PM
RECOMMENDED DISPOSITION recommending24 Officer Childs' motion for summary judgment be granted; Mr. Bower's excessive force claim against Officer Childs be dismissed, without prejudice; and the Clerk be instructed to close this case. Objections due within 14 days of the date of this Recommendation. Signed by Magistrate Judge Edie R. Ervin on 07/01/2024. (llg) |
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| Tuesday, June 25, 2024 | ||
| 31 | 31
2
pgs
order
Order on Motion for Order
Tue 06/25 3:42 PM
ORDER denying30 Mr. Bower's motion. Signed by Magistrate Judge Edie R. Ervin on 06/25/2024. (llg) |
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| Monday, June 24, 2024 | ||
| 30 | 30
2
pgs
motion
Order
Mon 06/24 3:55 PM
MOTION for Order by Richard Bower. (ldb) |
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| 29 | 29
respoth
Reply (Non Motion)
Mon 06/24 11:05 AM
REPLY to27 Order, by Richard Bower. (ajj) |
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| Thursday, June 13, 2024 | ||
| 28 | 28
respoth
Reply (Non Motion)
Thu 06/13 1:35 PM
REPLY to27 Order, by Richard Bower. (ajj) |
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| Wednesday, May 29, 2024 | ||
| 27 | 27
3
pgs
order
Order
Wed 05/29 9:43 AM
ORDER giving Mr. Bower until 06/21/2024 to file a response to24 Defendant Fields' motion for summary judgment on the issue of exhaustion; and a separate statement of disputed facts. Signed by Magistrate Judge Edie R. Ervin on 05/29/2024. (llg) |
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| Tuesday, May 28, 2024 | ||
| 26 | 26
misc
Statement of Facts (Local Rule 56.1)
Tue 05/28 10:50 PM
STATEMENT OF FACTS (Local Rule 56.1) re24 Motion for Summary Judgment,25 Brief in Support filed by Freddy Childs. (Heardmon, Zaisha) |
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| 25 | 25
brief
Brief in Support
Tue 05/28 10:49 PM
BRIEF IN SUPPORT re24 Motion for Summary Judgment, filed by Freddy Childs. (Heardmon, Zaisha) |
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| 24 | 24
motion
Summary Judgment
Tue 05/28 10:48 PM
MOTION for Summary Judgment on Exhaustion by Freddy Childs(Heardmon, Zaisha) |
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Att: 1
Exhibit A - Declaration of Terri Grigsby,
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Att: 2
Exhibit B - AD 19-34, Inmate Grievance Procedure,
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Att: 3
Exhibit C - Grievance History for Richard Bower,
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Att: 4
Exhibit D - Grievance CU 23-00137
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Att: 5
Exhibit E - Bower Major Disciplinary
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| Tuesday, May 14, 2024 | ||
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1
pgs
order
Order on Motion for Order
Tue 05/14 10:53 AM
ORDER granting22 Mr. Bower's motion; and instructing the Clerk to provide Mr. Bower a copy of the docket sheet for this lawsuit, along with a copy of this Order. Signed by Magistrate Judge Edie R. Ervin on 05/14/2024. (llg) |
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| Monday, May 13, 2024 | ||
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1
pgs
motion
Order
Mon 05/13 3:41 PM
MOTION for Status Update by Richard Bower. (csf) |
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| Friday, April 26, 2024 | ||
| 21 | 21
order
Scheduling Order
Fri 04/26 11:31 AM
SCHEDULING ORDER:If Defendant Childs intends to pursue a defense that Plaintiff failed to exhaust his administrative remedies before filing this lawsuit, he must raise the issue in a motion for summary judgment filed no later than 5/28/2024. All merits-related discovery is stayed until the Court resolves any exhaustion issues. Signed by Magistrate Judge Edie R. Ervin on 4/26/2024. (jbh) |
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| Thursday, April 25, 2024 | ||
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1
pgs
order
Order Adopting Report and Recommendations ~Util - Add and Terminate Parties Order on Partial Report and Recommendations
Thu 04/25 3:25 PM
ORDER approving and adopting12 Partial Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; dismissing, without prejudice, Plaintiff's claims against the ADC, and his official capacity claim for money damages against Defendant Childs; instructing the Clerk to terminate ADC as a party Defendant; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 4/25/2024. (ldb) |
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| Thursday, April 11, 2024 | ||
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respoth
Response (Non Motion)
Thu 04/11 3:23 PM
RESPONSE re17 Answer to Amended Complaint by Richard Bower. (csf) |
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| Wednesday, April 03, 2024 | ||
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service
Summons Returned Executed
Wed 04/03 11:48 AM
SUMMONS Returned Executed. Freddy Childs served on 3/1/2024. (ajj) |
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| Friday, March 22, 2024 | ||
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answer
Answer to Amended Complaint
Fri 03/22 2:27 PM
ANSWER to11 Amended Complaint with Jury Demand by Freddy Childs.(Heardmon, Zaisha) |
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| 16 | 16
notice
Notice of Appearance
Fri 03/22 2:26 PM
NOTICE of Appearance by Zaisha Heardmon on behalf of Freddy Childs (Heardmon, Zaisha) |
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| Thursday, March 21, 2024 | ||
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notice
Notice (Other)
Thu 03/21 10:32 AM
UPDATE by Richard Bower. (llg) |
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| Friday, March 01, 2024 | ||
| 14 | 14
notice
Notice (Other)
Fri 03/01 4:48 PM
NOTICE by Richard Bower. (llg) |
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| Tuesday, February 20, 2024 | ||
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2
pgs
order
Order
Tue 02/20 3:29 PM
ORDER instructing the Clerk to prepare a summons for Defendant Childs; and directing the U.S. Marshal to serve this Defendant with a summons and a copy of1 complaint,7 supplement to the original complaint, and11 amended complaint (with any attachments), without requiring prepayment of fees and costs or security. Signed by Magistrate Judge Edie R. Ervin on 02/20/2024. (llg) |
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| 12 | 12
motion
Partial Report and Recommendations
Tue 02/20 3:25 PM
PARTIAL RECOMMENDED DISPOSITION recommending Mr. Bower's claims against the ADC and his official capacity claim for money damages against Defendant Childs be dismissed, without prejudice; and the Clerk be instructed to terminate the ADC as a party Defendant. Objections due within 14 days of the date of this Recommendation. Signed by Magistrate Judge Edie R. Ervin on 02/20/2024. (llg) |
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service
Summons Issued
Tue 02/20 4:01 PM
Summons Issued as to Freddy Childs and forwarded to the U.S. Marshal for service. (llg) |
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| Friday, February 09, 2024 | ||
| 11 | 11
cmp
Amended Complaint
Fri 02/09 1:56 PM
AMENDED COMPLAINT against All Defendants filed by Richard Bower.(csf) |
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| Monday, January 29, 2024 | ||
| 10 | 10
6
pgs
order
Order on Motion for Copies
Mon 01/29 1:25 PM
ORDER directing the Clerk of the Court to send a copy of this Order to the appropriate ADC offices and the Warden of the Cummins Unit; allowing Bower to file an amended complaint within 30 days of the entry of this Order; instructing the Clerk to provide Mr. Bower a blank 1983 complaint form, along with a copy of this Order; and granting9 Mr. Bower's motion for status update. Signed by Magistrate Judge Edie R. Ervin on 01/29/2024. (llg) |
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| Friday, January 26, 2024 | ||
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motion
Copies
Fri 01/26 3:09 PM
MOTION for Status Update by Richard Bower. (csf) |
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| Friday, January 05, 2024 | ||
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misc
Filing Fee Received
Wed 01/10 4:52 PM
Filing fee received: $405.00, receipt number LIT4862. (adj) |
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| Wednesday, January 03, 2024 | ||
| 7 | 7
cmp
Amended Complaint
Wed 01/03 10:40 AM
SUPPLEMENT to1 Complaint filed by Richard Bower. (Docketed pursuant to6 Order.) (llg) |
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| 6 | 6
3
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis Order on Motion for Order
Wed 01/03 10:37 AM
ORDER denying4 Mr. Bower's motion for leave to proceed IFP; granting5 Mr. Bower's motion for order; instructing the Clerk to file5 Mr. Bower's motion as a supplement to his complaint; and directing Mr. Bower to pay the $405 filing and administrative fee within 30 days. Signed by Magistrate Judge Edie R. Ervin on 01/03/2024. (llg) |
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| Wednesday, December 27, 2023 | ||
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2
pgs
motion
Order
Wed 12/27 2:40 PM
MOTION for Order by Richard Bower. (csf) |
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| Friday, December 22, 2023 | ||
| 4 | 4
motion
Proceed In Forma Pauperis
Fri 12/22 2:10 PM
MOTION for Leave to Proceed in forma pauperis by Richard Bower. (ldb) |
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| Friday, December 08, 2023 | ||
| 3 | 3
3
pgs
order
Order
Fri 12/08 3:42 PM
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS directing the Clerk of Court to enclose an IFP application, along with a copy of this Order; and directing Plaintiff to return a completed IFP application or pay a $402.00 filing fee within 30 days of the date of this Order. Signed by Magistrate Judge Edie R. Ervin on 12/08/2023. (llg) |
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utility
Notice of Docket Correction
Fri 12/08 11:34 AM
NOTICE OF DOCKET CORRECTION2 Order on Amicus Briefs. CORRECTION: The docket text was modified to correct the signature date as 3/21/2023 as marked on the document. (jak) |
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| Thursday, December 07, 2023 | ||
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2
pgs
order
Order
Thu 12/07 4:05 PM
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 12/07/2023. (llg) |
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| 1 | 1
cmp
Complaint
Thu 12/07 4:04 PM
COMPLAINT against All Defendants filed by Richard Bower. (llg) |
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