Crabtree v. Gentry et al
| Arkansas Western District Court | |
| Judge: | Barry A Bryant |
| Case #: | 4:24-cv-04115 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Nov 05, 2024 |
Create an account to get the full party report for this case.
| Docket last updated: 05/16/2025 11:59 PM CDT |
| Thursday, April 03, 2025 | ||
| 24 | 24
misc
Mail Returned
Thu 04/03 9:15 AM
Mail Returned as Undeliverable marked Return to Sender. Mail originally sent to Don Crabtree at ADC - Ouachita River Unit including 23 Order Directing Response to Motion - TEXT ONLY. No new address available. New Address due by 5/5/2025. (mjm) |
|
| Thursday, March 27, 2025 | ||
| 23 | 23
order
Order Directing Response to Motion - TEXT ONLY
Thu 03/27 11:11 AM
TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION20 FOR SUMMARY JUDGMENT. Defendants have filed a Motion pursuant to Rule 56 of the Federal Rules of Civil Procedure asking the Court to decide part or all of this case without a trial. The Motion is based on the written evidence, including affidavits, submitted in support of the Motion or is based on the argument that you are unable to offer admissible evidence in support of your claims. You must respond to this Motion. If you do not, the claims in your case may be dismissed without a trial. To oppose a Motion for Summary Judgment you may not simply rely on the allegations in your Complaint. You must submit evidence , such as records, affidavits, or other documents, opposing the facts asserted by the defendants and setting out specific facts to support you properly exhausted your claims. If you have any evidence to support your claims of exhaustions, now is the time to submit it by attaching it to your response as exhibits. Any written statements must be in the form of affidavits. An affidavit is a sworn statement based on personal knowledge setting forth facts relevant to your claims. An affidavit must be either: (a) sworn and subscribed to by a notary public or (b) signed under penalty of perjury. You may submit your own affidavit and the affidavit of others. You must also file a separate Statement of Facts in Dispute which lists: (a) any disagreement you have with the numbered factual statements contained in the Statement of Undisputed Facts filed by the Defendants; and (b) any other disputed facts that must be resolved at a hearing or trial. If you dispute any facts contained in the Defendants numbered Statement of Undisputed Facts, you must identify the number of the paragraph you dispute and you must explain why you dispute the statement. Your Statement of Disputed Facts is not the same as an affidavit unless your Statement of Facts is signed before a notary public or signed under penalty of perjury. If you intend to rely on any documents that were previously filed with the Court, you must specifically refer to the documents by the ECF No. and page number, for example ECF No. 8 at p. 2. The Court will not look through the entire case file to locate a document supporting your factual statements. You may also make any legal arguments in support of your claims. You are not required to, but may, refer the Court to case law. If you do not respond, this is the same as failing to present any evidence in your favor at trial. Your case may be dismissed and judgment may be entered in favor of the Defendants without a trial. If you need more time to respond, you must file a motion requesting an extension of time before the due date set by the Court. Response to Motion for Summary Judgment due by 4/17/2025. Signed by Honorable Barry A Bryant on March 27, 2025. (awl) |
|
| Monday, March 24, 2025 | ||
| 22 | 22
msupport
Statement of Facts
Mon 03/24 3:51 PM
STATEMENT OF FACTS in support of20 MOTION for Summary Judgment for Failure to Exhaust Available Administrative Remedies by Robert Gentry, Chris Wolcott.(Thomas, JaNan) |
|
|
Att: 1
Affidavit Exhibit A - Affidavit,
|
||
|
Att: 2
Exhibit No. A1 - Arrest & Booking,
|
||
|
Att: 3
Exhibit No. A2 - Requests & Grievances,
|
||
|
Att: 4
Exhibit No. A4 - Policies & Procedures,
|
||
|
Att: 5
Exhibit No. A5 - Detainee Handbook
|
||
| 21 | 21
9
pgs
msupport
Memorandum Brief in Support
Mon 03/24 3:48 PM
MEMORANDUM BRIEF in Support of20 MOTION for Summary Judgment for Failure to Exhaust Available Administrative Remedies by Robert Gentry, Chris Wolcott. (Thomas, JaNan) |
|
| 20 | 20
motion
Summary Judgment
Mon 03/24 3:47 PM
MOTION for Summary Judgment for Failure to Exhaust Available Administrative Remedies by Robert Gentry, Chris Wolcott. (Thomas, JaNan) |
|
| Wednesday, March 05, 2025 | ||
| 19 | 19
order
Order on Motion to Substitute Attorney
Wed 03/05 10:23 AM
TEXT ONLY ORDER granting18 Defendants' Motion to Substitute Attorney. Attorney Wesley Manus shall no longer receive notices regarding this matter. Attorney JaNan Arnold Thomas shall now be lead attorney to be noticed in this matter. Signed by Honorable Barry A Bryant on March 5, 2025. (awl) Modified on 3/5/2025 (mjm) |
|
| Tuesday, March 04, 2025 | ||
| 18 | 18
motion
Substitute Attorney
Tue 03/04 10:41 AM
MOTION to Substitute Attorney by Robert Gentry, Chris Wolcott. (Thomas, JaNan) |
|
| 17 | 17
notice
Notice of Appearance
Tue 03/04 10:40 AM
NOTICE of Appearance by JaNan Arnold Thomas on behalf of Robert Gentry, Chris Wolcott. (Thomas, JaNan) |
|
| Thursday, January 23, 2025 | ||
| 16 | 16
notice
Notice of Consent/Reassignment
Thu 01/23 10:18 AM
CONSENT TO ASSIGNMENT to U.S. Magistrate Judge Barry A. Bryant by All Parties. (sss) |
|
| Tuesday, January 21, 2025 | ||
| 15 | 15
order
Bench Order PC cases - TEXT ONLY
Tue 01/21 1:44 PM
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 3/24/2025. Signed by Honorable Barry A Bryant on January 21, 2025. (awl) |
|
| Friday, January 17, 2025 | ||
| 14 | 14
order
Second Notice Regarding Consent Form- TEXT ONLY
Fri 01/17 1:57 PM
TEXT ONLY SECOND NOTICE REGARDING CONSENT FORM for Defendants Robert Gentry and Chris Wolcott. On the date of service, you were served with a Notice of Direct Assignment to the United States Magistrate Judge form. You were directed to return the form indicating either: (1) your consent to the jurisdiction of the Magistrate Judge; or (2) your request to have the case assigned to a District Judge. The return was due with your Answer. The return of this form is mandatory meaning you must return the form regardless of whether you choose option (1) or (2). Failure to return the form or respond to this Order may result in your case being delayed. The Clerk is directed to send Defendants Robert Gentry and Chris Wolcott, a blank consent/reassignment form. Consent or Reassignment form due by 2/7/2025. Signed by Honorable Barry A Bryant on January 17, 2025. (awl) |
|
| Wednesday, January 15, 2025 | ||
| 13 | 13
answer
Answer to Complaint (42:1983)
Wed 01/15 12:55 PM
ANSWER to1 Complaint (42:1983) with Jury Demand by Robert Gentry, Chris Wolcott.(Manus, Wesley) |
|
| Tuesday, January 07, 2025 | ||
| 12 | 12
order
Order on Motion to Appoint Counsel
Tue 01/07 3:08 PM
TEXT ONLY ORDER denying11 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. Signed by Honorable Barry A Bryant on January 7, 2025. (awl) |
|
| Monday, January 06, 2025 | ||
| 11 | 11
motion
Appoint Counsel
Mon 01/06 4:07 PM
MOTION to Appoint Counsel by Don Crabtree; NOTICE of Change of Address. Documents that have previously been returned are being resent including7 Order on Motion for Service,8 Summons Issued.(mll) |
|
| Thursday, January 02, 2025 | ||
| 10 | 10
service
Summons Returned Executed
Thu 01/02 4:49 PM
SUMMONS Returned Executed by Don Crabtree. Robert Gentry served on 12/24/2024, answer due 1/14/2025; Chris Wolcott served on 12/27/2024, answer due 1/17/2025.(mll) |
|
| Monday, December 23, 2024 | ||
| 9 | 9
misc
Mail Returned
Mon 12/23 10:02 AM
Mail Returned as Undeliverable marked Return to Sender. Mail originally sent to Don Crabtree at Sevier County Detention Center including8 Summons Issued and7 Order on Motion for Service. No new address available. New Address due by 1/22/2025. (tmc) |
|
| Thursday, December 05, 2024 | ||
| 8 | 8
service
Summons Issued
Thu 12/05 1:07 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Robert Gentry, Chris Wolcott and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 7 Order on Motion for Service, 6 Magistrate Direct Assignment Notice 1983 Prisoner, 1 Complaint (42:1983). (mjm) |
|
| 7 | 7
2
pgs
order
Order on Motion for Service
Thu 12/05 12:57 PM
ORDER granting2 Motion for Service and DIRECTING SERVICE on Robert Gentry, Chris Wolcott. Defendant is to answer within 21 days from the date of service. Signed by Honorable Barry A Bryant on December 5, 2024. (cc: U.S. Marshals Service)(mjm) |
|
| Wednesday, November 06, 2024 | ||
| 6 | 6
notice
Magistrate Direct Assignment Notice PR
Wed 11/06 4:39 PM
NOTICE OF DIRECT ASSIGNMENT TO A U.S. MAGISTRATE JUDGE. This case has been assigned to a U.S. Magistrate Judge to conduct all proceedings and for entry of a final judgment. You must return the attached form memorializing consent or requesting reassignment to a District Judge within twenty-one (21) days. Consent or Reassignment form due by 11/27/2024.(mll) |
|
| Tuesday, November 05, 2024 | ||
| 5 | 5
misc
Clerk's Order PLRA Initial Fee
Tue 11/05 4:39 PM
CLERK'S ORDER re PLRA Initial Fee directing Sevier County Detention Center to collect from petitioner's prison account an initial partial filing fee of $6.01; 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: Sheriff, Sevier County)(mll) |
|
| 4 | 4
notice
Magistrate Notice/Consent Form
Tue 11/05 4:30 PM
Magistrate Notice/Consent Form.(mll) |
|
| 3 | 3
1
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis (42:1983)
Tue 11/05 4:20 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 Barry A Bryant on November 5, 2024.(mll) |
|
| 2 | 2
motion
Proceed In Forma Pauperis (42:1983) Service
Tue 11/05 4:14 PM
MOTION for Leave to Proceed in forma pauperis (42:1983), MOTION for Service by Don Crabtree.(mll) |
|
| 1 | 1
cmp
Complaint (42:1983)
Tue 11/05 4:11 PM
COMPLAINT (42:1983) against Robert Gentry, Chris Wolcott filed by Don Crabtree.(mll) |
|