Breshears v. Hosmann et al (5:15-cv-00187), Arkansas Eastern District Court

Arkansas Eastern District Court
Judge:D P Marshall Jr
Referred: Jerome T Kearney
Case #: 5:15-cv-00187
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:Jun 09, 2015
Terminated:Jan 12, 2016
Defendant
Gary Hill
Defendant
Kim Hoffman
Plaintiff
Ronald Ray Breshears

GPO Jul 06 2015
ORDER directing the Clerk to consolidated these two related cases, 5:15-cv-149 and 5:15-cv-187. GENERAL ORDER 39. The case filed first, 5:15-cv-149, is designated as the lead case. All future papers must be filed in that case. Signed by Judge D. P. Marshall Jr. on 7/6/2015. (jak)
GPO Aug 31 2015
ORDER dismissing without prejudice Breshears's negligence claims against Jane Does 1 and 2 for failure to state a claim. His claims against Kelley and Hill are dismissed without prejudice for failure to state a claim. His claims against the ADC Transportation Department is dismissed with prejudice and his claims against Skinner are dismissed without prejudice for failure to state a claim. The Clerk is directed to prepare a summons for Drummond, Griffin, and Hoffman. The U.S. Marshal is directed to serve the summons, complaint, amended complaint, and this Order on them without prepayment of fees and costs. An in forma pauperis appeal from this Order will not be taken in good faith.. Signed by Judge D. P. Marshall Jr. on 8/31/2015. (jak)
GPO Nov 03 2015
ORDER granting Defendants' motion to consolidate the third case, 2:15-cv-119 JM/JJV. The case filed first, Breshears v. Kelley et al, 5:15-cv-00149 DPM/JTR is designated as the lead case. All future papers must be filed in that case. Signed by Judge D. P. Marshall Jr. on 11/3/2015. (jak)
GPO Jan 12 2016
ORDER dismissing without prejudice Breshears's remaining claims for failure to prosecute. The pending recommendation, 71, is declined; and all pending motions are denied as moot, 37, 61, & 65. This denial is without prejudice to the motions and recommendation being renewed if Breshears refiles. An in forma pauperis appeal from this Order and accompanying Judgment will not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 1/12/2016. (jak)
GPO Jan 12 2016
JUDGMENT: Breshears's claims against the Arkansas Department of Correction Transportation Unit are dismissed with prejudice. Breshears's remaining claims are dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 1/12/2016. (jak)
GPO Jul 18 2016
ORDER denying motion to reopen, 80. If Breshears wants to pursue the claims the Court dismissed without prejudice, then he may refile them in a new lawsuit. But he can't skirt the PLRA' s payment requirements or the local rules by reopening a case that's been closed for six months. Signed by Judge D. P. Marshall Jr. on 7/18/2016. (jak)
GPO Aug 08 2016
ORDER denying Motion to Proceed In Forma Pauperis on appeal. The Court certified that an in forma pauperis appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 8/8/2016. (jak)
GPO Aug 26 2016
ORDER denying without prejudice 90 Motion for copies. The Clerk is directed to send Breshears copies of the docket sheets in these three cases with a copy of this Order. Breshears's custodian is directed to collect monthly payments from Breshears's prison trust account and forward them to the Clerk of the Court until the $505.00 appellate filing and docketing fees are paid in full. The Court directs the Clerk to mail a copy of this Order to the ADC Trust Fund Centralized Banking Office, the ADC Compliance Division, and the Sheriff of the Saline County Detention Facility. Signed by Judge D. P. Marshall Jr. on 8/26/2016. (jak)

Docket last updated: 11/24/2023 11:59 PM CST
Friday, August 26, 2016
19 19 order Order Order Directing Prisoner Payment ~Util - Terminate Motions Fri 08/26 11:40 AM
ORDER denying without prejudice 90 Motion for copies. The Clerk is directed to send Breshears copies of the docket sheets in these three cases with a copy of this Order. Breshears's custodian is directed to collect monthly payments from Breshears's prison trust account and forward them to the Clerk of the Court until the $505.00 appellate filing and docketing fees are paid in full. The Court directs the Clerk to mail a copy of this Order to the ADC Trust Fund Centralized Banking Office, the ADC Compliance Division, and the Sheriff of the Saline County Detention Facility. Signed by Judge D. P. Marshall Jr. on 8/26/2016. (jak)
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Monday, August 15, 2016
18 18 misc Mail Returned Mon 08/15 2:24 PM
Mail Returned as Undeliverable. Mail sent to Ronald Ray Breshears re17 Order (jap)
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Monday, August 08, 2016
17 17 order Order Mon 08/08 8:55 AM
ORDER denying Motion to Proceed In Forma Pauperis on appeal. The Court certified that an in forma pauperis appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 8/8/2016. (jak)
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Monday, July 18, 2016
16 16 order Order ~Util - Terminate Motions Mon 07/18 4:58 PM
ORDER denying motion to reopen, 80 . If Breshears wants to pursue the claims the Court dismissed without prejudice, then he may refile them in a new lawsuit. But he can't skirt the PLRA' s payment requirements or the local rules by reopening a case that's been closed for six months. Signed by Judge D. P. Marshall Jr. on 7/18/2016. (jak)
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Monday, January 25, 2016
15 15 misc Mail Returned Mon 01/25 2:42 PM
Mail Returned as Undeliverable. Mail sent to Ronald Ray Breshears re 1983 Appellate Filing Packet. (jak)
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Tuesday, January 12, 2016
14 14 order Judgment 1983 Tue 01/12 8:17 AM
JUDGMENT: Breshears's claims against the Arkansas Department of Correction Transportation Unit are dismissed with prejudice. Breshears's remaining claims are dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 1/12/2016. (jak)
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13 13 order Order Tue 01/12 8:16 AM
ORDER dismissing without prejudice Breshears's remaining claims for failure to prosecute. The pending recommendation, 71 , is declined; and all pending motions are denied as moot, 37 , 61 , & 65 . This denial is without prejudice to the motions and recommendation being renewed if Breshears refiles. An in forma pauperis appeal from this Order and accompanying Judgment will not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 1/12/2016. (jak)
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Friday, November 13, 2015
12 12 notice Notice of Change of Address Fri 11/13 1:54 PM
NOTICE of Change of Address by Ronald Ray Breshears. (thd)
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Tuesday, November 03, 2015
11 11 order Order Wed 11/04 9:49 AM
ORDER granting Defendants' motion to consolidate the third case, 2:15-cv-119 JM/JJV. The case filed first, Breshears v. Kelley et al, 5:15-cv-00149 DPM/JTR is designated as the lead case. All future papers must be filed in that case. Signed by Judge D. P. Marshall Jr. on 11/3/2015. (jak)
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Monday, August 31, 2015
10 10 order Order Mon 08/31 9:08 AM
ORDER dismissing without prejudice Breshears's negligence claims against Jane Does 1 and 2 for failure to state a claim. His claims against Kelley and Hill are dismissed without prejudice for failure to state a claim. His claims against the ADC Transportation Department is dismissed with prejudice and his claims against Skinner are dismissed without prejudice for failure to state a claim. The Clerk is directed to prepare a summons for Drummond, Griffin, and Hoffman. The U.S. Marshal is directed to serve the summons, complaint, amended complaint, and this Order on them without prepayment of fees and costs. An in forma pauperis appeal from this Order will not be taken in good faith.. Signed by Judge D. P. Marshall Jr. on 8/31/2015. (jak)
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Tuesday, August 25, 2015
9 9 order Order Tue 08/25 12:39 PM
ORDER denying motions 12 and 14 in case no. 5:15CV00149 and directing the Clerk to change Defendant Kim Hosmann to "Kim Hoffman," and to add Lieutenant Skinner and Advance Practice Nurse Patrick S. Drummond as Defendants. Signed by Magistrate Judge J. Thomas Ray on 08/25/2015. (rhm)
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Monday, July 27, 2015
utility Notice of Docket Correction Mon 07/27 8:43 AM
NOTICE OF DOCKET CORRECTION re:8 Initial Order for Pro Se Prisoners. CORRECTION: The docket entry was modified to correct the file date to 7/16/2015.)(thd)
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Friday, July 24, 2015
8 8 order Order on Motion to Appoint Counsel Order on Motion for Leave to Proceed In Forma Pauperis Fri 07/24 4:02 PM
INITIAL ORDER FOR PRO SE PRISONERS granting1 plaintiff's IFP motion; directing monthly payments be collected from plaintiff's institutional account, until a total of $350 has been paid; directing the Clerk to send a copy of this Order to the Warden of the East Arkansas Regional Unit and the appropriate ADC offices; and denying4 Motion to Appoint Counsel. Signed by Magistrate Judge J. Thomas Ray on 7/16/2015. (kdr)
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Wednesday, July 08, 2015
7 7 misc Notice of Reassignment Wed 07/08 11:37 AM
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Pursuant to6 Order, the Clerk's office has reassigned the case to Judge D. P. Marshall Jr. and Magistrate Judge J. Thomas Ray. (scw)
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Monday, July 06, 2015
6 6 order Order ~Util - Set/Clear Flags ~Util - Create Case Association Tue 07/07 9:58 AM
ORDER directing the Clerk to consolidated these two related cases, 5:15-cv-149 and 5:15-cv-187. GENERAL ORDER 39. The case filed first, 5:15-cv-149, is designated as the lead case. All future papers must be filed in that case. Signed by Judge D. P. Marshall Jr. on 7/6/2015. (jak)
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5 5 misc Addendum Mon 07/06 3:38 PM
ADDENDUM filed by Ronald Ray Breshears to2 Complaint. (kdr)
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4 4 motion Appoint Counsel Mon 07/06 2:55 PM
MOTION to Appoint Counsel by Ronald Ray Breshears. (kdr) (Docket text modified on 7/6/2015 to correct the filing event). (jak)
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utility Notice of Docket Correction Mon 07/06 3:51 PM
NOTICE OF DOCKET CORRECTION re4 MOTION to Appoint Counsel. CORRECTION: The docket entry was modified to correct the filing event as Motion to Appoint Counsel as marked on the document. (jak)
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utility Create Case Association Tue 07/07 10:02 AM
Cases associated. Create association to 5:15-cv-00149-DPM-JTR per6 Order. (jak)
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Friday, June 19, 2015
3 3 misc Addendum Fri 06/19 2:06 PM
ADDENDUM to1 Motion for Leave to Proceed in forma pauperis filed by Ronald Ray Breshears. (ljb)
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Tuesday, June 09, 2015
2 2 cmp Complaint Tue 06/09 3:58 PM
COMPLAINT against All Defendants, filed by Ronald Ray Breshears.(kdr)
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1 1 motion Proceed In Forma Pauperis Tue 06/09 3:57 PM
MOTION for Leave to Proceed in forma pauperis by Ronald Ray Breshears. (kdr)
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