This case was last updated from PACER on 04/21/2019 at 07:35:16 (UTC).

Moran v. Holloway

Case Summary

On 02/20/2019 Moran filed a Prisoner - Prison Condition lawsuit against Holloway. This case was filed in U.S. District Courts, Arkansas Western District. The Judges overseeing this case are Timothy L. Brooks and James R. Marschewski. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:19-CV-05037

  • Filing Date:

    02/20/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Prison Condition

  • Court:

    U.S. District Courts

  • Courthouse:

    Arkansas Western District

Judge Details

Presiding Judge

Timothy L. Brooks

Referral Judge

James R. Marschewski

 

Party Details

Plaintiff

Michael L. Moran

Bentonville, AR 72712

Defendant

Sheriff Shawn Holloway

Attorney/Law Firm Details

Defendant Attorney

JaNan Arnold Davis

Attorney at Association of Arkansas Counties

1415 W. Third Street

Little Rock, AR 72201

 

Court Documents

#4

(#4) ORDER granting #2 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. Signed by Honorable Erin L. Wiedemann on February 20, 2019. (lgd) (Entered: 02/20/2019)

#9

(#9) ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Shawn Holloway.(Davis, JaNan) (Entered: 03/12/2019)

#7

(#7) CLERK'S ORDER re PLRA Initial Fee directing Sheriff, Benton County to collect from petitioner's prison account an initial partial filing fee of $13.45; 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, Benton County). (tg) (Entered: 02/21/2019)

#10

(#10) INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 8/9/2019. Signed by Honorable James R. Marschewski on March 13, 2019. (djm) (Entered: 03/13/2019)

#13

(#13) AFFIDAVIT of Attempted Service filed by Shawn Holloway re #11 First MOTION to Dismiss Case for Failure to Comply with Local Rule 5.5(c)(2) . (Attachments: #1 Exhibit No. 1 - Returned Mail)(Davis, JaNan) (Entered: 03/27/2019)

#11

(#11) First MOTION to Dismiss Case for Failure to Comply with Local Rule 5.5(c)(2) by Shawn Holloway. Motions referred to James R. Marschewski.(Davis, JaNan) (Entered: 03/27/2019)

13 #1

Exhibit No. 1 - Returned Mail

#1

(#1) COMPLAINT REFERRED (42:1983) against Shawn Holloway, filed by Michael L. Moran.(lgd) (Entered: 02/20/2019)

#2

(#2) MOTION for Leave to Proceed in forma pauperis (42:1983) by Michael L. Moran. Motions referred to James R. Marschewski.(lgd) (Entered: 02/20/2019)

#6

RESTRICTED

#15

(#15) Mail Returned as Undeliverable marked RTS no longer here. Mail originally sent to Michael Moran at Benton County Jail including 14 Order Directing Response to Motion - TEXT ONLY. No new address available. New Address due by 5/10/2019. (lgd) (Entered: 04/10/2019)

#3

(#3) Magistrate Notice/Consent Form mailed to non ecf participant. (Entered: 02/20/2019)

#5

(#5) ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Shawn Holloway and granting 21 days to answer. Signed by Honorable James R. Marschewski on February 21, 2019. (cc: U.S. Marshals Service-Certified).(lgd) (Entered: 02/21/2019)

#8

(#8) SUMMONS Returned Executed by Michael L. Moran. Shawn Holloway served on 2/28/2019, answer due 3/21/2019. (tg) (Entered: 03/04/2019)

#12

(#12) MEMORANDUM BRIEF in Support of #11 First MOTION to Dismiss Case for Failure to Comply with Local Rule 5.5(c)(2) by Shawn Holloway. (Davis, JaNan) (Entered: 03/27/2019)

4 More Documents Available

 

Docket Entries

  • 04/10/2019
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  • (#15) Mail Returned as Undeliverable marked RTS no longer here. Mail originally sent to Michael Moran at Benton County Jail including 14 Order Directing Response to Motion - TEXT ONLY. No new address available. New Address due by 5/10/2019. (lgd) (Entered: 04/10/2019)

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  • 03/28/2019
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  • (#14) TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION #11 TO DISMISS. On March 27, 2019 Defendants filed a Motion to Dismiss, along with a brief in support. Plaintiff is directed to respond to the motion.Plaintiff is advised that failure to timely and properly comply with this Order shall result in the dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2). Response to Motion to Dismiss due by 4/18/2019. Signed by Honorable James R. Marschewski on March 28, 2019. (smg) (Entered: 03/28/2019)

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  • 03/27/2019
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  • (#13) AFFIDAVIT of Attempted Service filed by Shawn Holloway re #11 First MOTION to Dismiss Case for Failure to Comply with Local Rule 5.5(c)(2) . (Attachments: #1 Exhibit No. 1 - Returned Mail)(Davis, JaNan) (Entered: 03/27/2019)

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  • 03/27/2019
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  • (#12) MEMORANDUM BRIEF in Support of #11 First MOTION to Dismiss Case for Failure to Comply with Local Rule 5.5(c)(2) by Shawn Holloway. (Davis, JaNan) (Entered: 03/27/2019)

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  • 03/27/2019
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  • (#11) First MOTION to Dismiss Case for Failure to Comply with Local Rule 5.5(c)(2) by Shawn Holloway. Motions referred to James R. Marschewski.(Davis, JaNan) (Entered: 03/27/2019)

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  • 03/13/2019
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  • (#10) INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 8/9/2019. Signed by Honorable James R. Marschewski on March 13, 2019. (djm) (Entered: 03/13/2019)

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  • 03/12/2019
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  • (#9) ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Shawn Holloway.(Davis, JaNan) (Entered: 03/12/2019)

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  • 03/04/2019
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  • (#8) SUMMONS Returned Executed by Michael L. Moran. Shawn Holloway served on 2/28/2019, answer due 3/21/2019. (tg) (Entered: 03/04/2019)

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  • 02/21/2019
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  • (#7) CLERK'S ORDER re PLRA Initial Fee directing Sheriff, Benton County to collect from petitioner's prison account an initial partial filing fee of $13.45; 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, Benton County). (tg) (Entered: 02/21/2019)

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  • 02/21/2019
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  • (#6) THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Shawn Holloway and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #5 Order Directing Service, #1 Complaint Referred (42:1983), #3 Magistrate Notice/Consent Form. (lgd) (Entered: 02/21/2019)

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  • 02/21/2019
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  • (#5) ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Shawn Holloway and granting 21 days to answer. Signed by Honorable James R. Marschewski on February 21, 2019. (cc: U.S. Marshals Service-Certified).(lgd) (Entered: 02/21/2019)

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  • 02/20/2019
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  • (#4) ORDER granting #2 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. Signed by Honorable Erin L. Wiedemann on February 20, 2019. (lgd) (Entered: 02/20/2019)

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  • 02/20/2019
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  • (#3) Magistrate Notice/Consent Form mailed to non ecf participant. (Entered: 02/20/2019)

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  • 02/20/2019
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  • (#2) MOTION for Leave to Proceed in forma pauperis (42:1983) by Michael L. Moran. Motions referred to James R. Marschewski.(lgd) (Entered: 02/20/2019)

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  • 02/20/2019
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  • (#1) COMPLAINT REFERRED (42:1983) against Shawn Holloway, filed by Michael L. Moran.(lgd) (Entered: 02/20/2019)

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