Knapp v. Arkansas Department of Corrections et al
| Arkansas Western District Court | |
| Judge: | Susan O Hickey |
| Referred: | Barry A Bryant |
| Case #: | 4:23-cv-04118 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Dec 19, 2023 |
Defendant
Arkansas Department of Corrections
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Defendant
Barbara O'Guin
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Defendant
Southwest Arkansas Community Correction
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Plaintiff
Anthony Charles Knapp
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GPO
Mar 18 2024
REPORT AND RECOMMENDATIONS re 8 Amended Complaint filed by Anthony Charles Knapp. Objections to R&R due by 4/4/2024. Signed by Honorable Barry A Bryant on March 18, 2024. (tg) |
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GPO
Apr 09 2024
ORDER adopting 10 Report and Recommendations in toto. All claims against Defendant Arkansas Department of Corrections and all official capacity claims against Defendant O'Guin are DISMISSED WITHOUT PREJUDICE. Plaintiff's individual capacity claims against Defendant O'Guin may proceed with service of process on Defendant O'Guin. Signed by Honorable Susan O. Hickey on April 9, 2024.(mll) |
| Docket last updated: 05/09/2025 11:59 PM CDT |
| Friday, March 28, 2025 | ||
| 32 | 32
service
Service by Clerk - Return Receipt Received (Other)
Fri 03/28 9:22 AM
CLERK'S NOTICE OF SERVICE: CERTIFIED MAIL, RETURN RECEIPT RECEIVED for service of documents as set forth in30 Order to Show Cause. Barbara O'Guinn received documents on 03/24/2025. (bjb) |
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| Thursday, March 27, 2025 | ||
| 31 | 31
order
Order Setting Hearing on Motion
Thu 03/27 9:27 AM
TEXT ONLY ORDER Setting Hearing on Motion28 MOTION to Compel : Motion Hearing set for 5/28/2025 10:00 AM in Texarkana -- 3rd flr (AR side) before Honorable Barry A Bryant. Signed by Honorable Barry A Bryant on March 27, 2025. (cc: U.S. Marshals Service-Certified).(sss) |
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| Tuesday, March 18, 2025 | ||
| 30 | 30
2
pgs
order
Order to Show Cause
Tue 03/18 3:29 PM
ORDER TO SHOW CAUSE - Show Cause Response due by 4/8/2025. Signed by Honorable Barry A Bryant on March 18, 2025. (mbm) |
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| Thursday, February 13, 2025 | ||
| 29 | 29
order
Order to Show Cause - Failure to Obey Order-TEXT ONLY
Thu 02/13 10:30 AM
TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Initial Scheduling Order directing Defendant to produce initial discovery disclosures by October 28, 2024 and file a motion for summary judgment by February 10, 2025. This Order was not returned as undeliverable. Defendant has not complied with either deadline. Defendant is given 21 days to show cause why she failed to obey the Order of the Court. Show Cause Response due by 3/6/2025. The Clerk is directed to mail Defendant a copy of the Initial Scheduling Order and printout of the docket sheet in this matter along with this Order. Signed by Honorable Barry A Bryant on February 13, 2025. (awl) |
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| Wednesday, February 12, 2025 | ||
| 28 | 28
motion
Compel
Wed 02/12 3:09 PM
MOTION to Compel by Anthony Charles Knapp. Motions referred to Barry A Bryant.(mbm) |
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| Tuesday, October 08, 2024 | ||
| 27 | 27
order
Order on Motion for Leave to Proceed In Forma Pauperis (42:1983)
Tue 10/08 8:59 AM
TEXT ONLY ORDER granting26 Plaintiff's Updated Motion for Leave to Proceed in forma pauperis (42:1983). There is no fee to be collected at this time. Signed by Honorable Barry A Bryant on October 8, 2024. (awl) |
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| Monday, October 07, 2024 | ||
| 26 | 26
motion
Proceed In Forma Pauperis (42:1983)
Mon 10/07 11:41 AM
MOTION for Leave to Proceed in forma pauperis (42:1983) by Anthony Charles Knapp. Motions referred to Barry A Bryant.(ria) |
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| Wednesday, October 02, 2024 | ||
| 25 | 25
order
Order to Show Cause - Failure to Obey Order-TEXT ONLY
Wed 10/02 10:58 AM
TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to submit a free-world IFP Application by October 1, 2024. This Order was not returned as undeliverable. Plaintiff did not respond. 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 10/23/2024. Signed by Honorable Barry A Bryant on October 2, 2024. (awl) |
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| Wednesday, September 11, 2024 | ||
| 24 | 24
order
Initial Scheduling Order - PC cases
Wed 09/11 11:01 AM
INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 2/10/2025. Signed by Honorable Barry A Bryant on September 11, 2024. (sss) |
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| Tuesday, September 10, 2024 | ||
| 23 | 23
order
Order Regarding IFP Application-Deficient or Renew - TEXT ONLY
Tue 09/10 8:24 AM
TEXT ONLY ORDER REGARDING In Forma Pauperis Application. Plaintiff filed a Notice of Change of Address indicating that he has now been released from custody. When a Plaintiff is released from confinement, the policy of the Court is to require re-submission of affidavits to determine whether he should be required to pay all, or a portion of, the fees and costs of the lawsuit. If Plaintiff wishes to proceed with this lawsuit, he is directed to pay the balance of the 350.00 dollar filing fee, or to resubmit an IFP application which reflects his free-world financial status within 21 days of the date of this Order. IT IS THEREFORE ORDERED THAT: the Clerk is directed to send a blank IFP Application to the Plaintiff. Plaintiff is directed to submit the balance of the 350.00 dollar filing fee or complete and sign the IFP Application within 21 days. This case shall be subject to dismissal if Plaintiff fails to pay the 350.00 dollar filing fee or resubmit an IFP application by the deadline . CLERK TO FOLLOW UP Completed IFP due by 10/1/2024. Signed by Honorable Barry A Bryant on September 10, 2024. (awl) |
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| Monday, September 09, 2024 | ||
| 22 | 22
notice
Notice of Change of Address
Mon 09/09 3:50 PM
NOTICE of Change of Address for Anthony Knapp. There are no documents to resend.(mll) |
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| Wednesday, May 29, 2024 | ||
| 21 | 21
order
Bench Order PC cases - TEXT ONLY
Wed 05/29 10:26 AM
TEXT ONLY BENCH ORDER. If Defendant(s) 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/her administrative remedies before filing this lawsuit, Defendant(s) must raise the issue in a motion for summary judgment filed no later than 60 days from the date of this Order. All discovery is stayed until the Court resolves any exhaustion issues. If Defendant(s) do(es) not intend to pursue an exhaustion defense, the Defendant(s) should PROMPTLY file a notice so stating. Summary Judgment Motion due by 7/29/2024. Signed by Honorable Barry A Bryant on May 29, 2024. (awl) |
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| Tuesday, April 23, 2024 | ||
| 20 | 20
answer
Answer to Amended Complaint
Tue 04/23 4:52 PM
ANSWER to8 Amended Complaint by Barbara O'Guin.(mll) |
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| Tuesday, April 09, 2024 | ||
| 19 | 19
1
pgs
order
Order on Report and Recommendations
Tue 04/09 2:16 PM
ORDER adopting10 Report and Recommendations in toto . All claims against Defendant Arkansas Department of Corrections and all official capacity claims against Defendant O'Guin are DISMISSED WITHOUT PREJUDICE. Plaintiff's individual capacity claims against Defendant O'Guin may proceed with service of process on Defendant O'Guin. Signed by Honorable Susan O. Hickey on April 9, 2024.(mll) |
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| Wednesday, April 03, 2024 | ||
| 18 | 18
order
Order on Motion to Appoint Counsel
Wed 04/03 12:19 PM
TEXT ONLY ORDER denying17 Plaintiff's Second Motion to Appoint Counsel. Plaintiff has again requested appointment of counsel. Appointment of Counsel is made at the discretion of the Court. 28 U.S.C. Sec. 1915(e)(1). For the reasons stated in the Courts prior Order (ECF No. 9) this Motion for Appointment of Counsel is DENIED . Signed by Honorable Barry A Bryant on April 3, 2024. (awl) |
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| Tuesday, April 02, 2024 | ||
| 17 | 17
motion
Appoint Counsel
Tue 04/02 10:56 AM
MOTION to Appoint Counsel by Anthony Charles Knapp. Motions referred to Barry A Bryant.(bjb) |
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| Thursday, March 28, 2024 | ||
| 16 | 16
service
Summons Reissued
Thu 03/28 1:24 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Reissued as to Barbara O'Guin and USM285 Form delivered to USMS for defendant for whom summons was issued with the following documents attached: re 8 Amended Complaint, 4 Magistrate Notice/Consent Form, 15 Order Directing Service.(mll) |
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| 15 | 15
2
pgs
order
Order Directing Service
Thu 03/28 12:46 PM
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Barbara O'Guin and granting 21 days to answer. Signed by Honorable Barry A Bryant on March 28, 2024. (cc: U.S. Marshals Service)(mll) |
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| 14 | 14
order
Order Directing Case Style Change - TEXT ONLY
Thu 03/28 11:41 AM
TEXT ONLY ORDER Directing the Clerk to change the style of the case and the case participant name to reflect the correct name of the Defendant as set forth in the13 Summons Returned Unexecuted. The name of Defendant Barbara OQuinn should be changed to Barbara O'Guin. CLERK TO FOLLOW UP . Signed by Honorable Barry A Bryant on March 28, 2024. (awl) |
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| Friday, March 22, 2024 | ||
| 13 | 13
service
Summons Returned Unexecuted
Fri 03/22 11:13 AM
Summons Returned Unexecuted by Anthony Charles Knapp as to Barbara Oquinn. (mll) (mll) |
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Att: 1
(3/22/2024) Unredacted 285
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| Monday, March 18, 2024 | ||
| 12 | 12
service
Summons Issued
Mon 03/18 3:06 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Barbara Oquinn and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 8 Amended Complaint, 4 Magistrate Notice/Consent Form, 11 Order Directing Service. (bjb) |
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| 11 | 11
2
pgs
order
Order Directing Service
Mon 03/18 2:51 PM
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Barbara Oquinn and granting 21 days to answer. Signed by Honorable Barry A Bryant on March 18, 2024. (cc: U.S. Marshals Service-Certified).(bjb) |
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| 10 | 10
motion
Report and Recommendations
Mon 03/18 1:20 PM
REPORT AND RECOMMENDATIONS re8 Amended Complaint filed by Anthony Charles Knapp. Objections to R&R due by 4/4/2024. Signed by Honorable Barry A Bryant on March 18, 2024. (tg) |
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| Tuesday, February 27, 2024 | ||
| 9 | 9
order
Order on Motion to Appoint Counsel Order on Motion for Extension of Time to File
Tue 02/27 10:24 AM
TEXT ONLY ORDER denying7 Motion to Appoint Counsel. 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 the need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual and legal complexity of the case, and whether Plaintiff has the ability to investigate and present this case. In considering these factors, the Court finds that the claims do not appear legally or factually complex, and Plaintiff is adequately prosecuting this case at this time. The Court finds Plaintiff is capable of prosecuting his claims without appointed counsel. At a later stage in the case, Plaintiff may again request appointment of counsel if Plaintiff believes the circumstances justify such an appointment. TEXT ONLY ORDER granting7 Motion for Extension of Time to File an Amended Complaint. The extension is requested in good faith and warranted. Plaintiff has already filed his Amended Complaint on January 30, 2024 and the Court hereby accepts such filing as timely. Signed by Honorable Barry A Bryant on February 27, 2024. (awl) |
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| Tuesday, January 30, 2024 | ||
| 8 | 8
cmp
Amended Complaint
Tue 01/30 4:14 PM
AMENDED COMPLAINT against Barbara Oquinn, Arkansas Department of Corrections filed by Anthony Charles Knapp. Related document:1 Complaint Referred (42:1983) filed by Anthony Charles Knapp.(mll) |
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| 7 | 7
motion
Appoint Counsel
Tue 01/30 4:06 PM
MOTION to Appoint Counsel by Anthony Charles Knapp. Motions referred to Barry A Bryant.(mll) |
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| Tuesday, January 23, 2024 | ||
| 6 | 6
order
Order to Show Cause - Failure to Obey Order-TEXT ONLY
Tue 01/23 2:40 PM
TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to file an amended complaint by January 20, 2024. (ECF No. 3). This Order was not returned as undeliverable. Plaintiff did not respond. 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 2/13/2024. Signed by Honorable Barry A Bryant on January 23, 2024. (awl) |
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| Tuesday, December 19, 2023 | ||
| 5 | 5
misc
Clerk's Order PLRA Initial Fee
Tue 12/19 4:04 PM
CLERK'S ORDER re PLRA Initial Fee directing Southwest Arkansas Community Correction Center to collect from petitioner's prison account an initial partial filing fee of $176.80; 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction, John (Kevin) Minors, SWACCC Center Supervisor.(mll) |
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| 4 | 4
notice
Magistrate Notice/Consent Form
Tue 12/19 3:51 PM
Magistrate Notice/Consent Form.(mll) |
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| 3 | 3
2
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis (42:1983) Order Directing Pleading to be Filed
Tue 12/19 3:27 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; ORDER DIRECTING that an Amended Complaint be filed. (Amended Complaint due by 1/20/2024). Signed by Honorable Barry A Bryant on December 19, 2023.(mll) |
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| 2 | 2
motion
Proceed In Forma Pauperis (42:1983)
Tue 12/19 3:20 PM
MOTION for Leave to Proceed in forma pauperis (42:1983) by Anthony Charles Knapp. Motions referred to Barry A Bryant.(mll) |
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| 1 | 1
cmp
Complaint Referred (42:1983)
Tue 12/19 3:16 PM
COMPLAINT REFERRED (42:1983) against Arkansas Department of Corrections, Southwest Arkansas Community Correction filed by Anthony Charles Knapp.(mll) |
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