Case: Hayes v. Rutledge

U.S. District Court for the Western District of Arkansas

Lamar v. Hutchinson

Lamar v. Hutchinson

Hayes v. Graves

Hayes v. Graves

Hayes v. Grffin

COMPLAINT REFERRED (42:1983) against Leslie Rutledge, filed by Steven C. Hayes.(cnn) [Transferred from arwd on 4/30/2021.] (Entered: 04/29/2021)

MOTION for Leave to Proceed in forma pauperis (42:1983) by Steven C. Hayes. Motions referred to Barry A. Bryant.(cnn) [Transferred from arwd on 4/30/2021.] (Entered: 04/29/2021)

ORDER TRANSFERRING CASE to District of Eastern District of Arkansas. Docket Sheet and case documents sent to receiving court. Signed by Honorable Barry A. Bryant on April 29, 2021. (cnn) [Transferred from arwd on 4/30/2021.] (Entered: 04/29/2021)

Case electronically transferred in from District of Arkansas Western; Case Number 6:21-cv-06070. Electronic file copy of transfer order and docket sheet received. (Entered: 04/30/2021)

ORDER denying without prejudice 2 Mr. Hayes's Application to Proceed Without Prepayment of Fees; directing the Clerk to mail Mr. Hayes an Application to Proceed Without Prepayment of Fees, including a calculation sheet and a certificate; and directing Mr. Hayes to within 30 days of this Order to submit either: (1) the statutory filing fee of $402; or (2) a proper and complete Application to Proceed Without Prepayment of Fees. Failure to do so may result in dismissal of this action without prejudice. Signed by Judge Lee P. Rudofsky on 05/03/2021. (llg) (Docket text modified on 5/4/2021 to indicate the denial of 2 Petition is without prejudice as marked on the Order) (jak) (Entered: 05/03/2021)

NOTICE OF DOCKET CORRECTION re 5 Order. CORRECTION: The docket text was modified to indicate the 2 Petition is denied without prejudice as marked on the Order. (jak)

RESPONSE to 5 Order by Steven C Hayes. (ljb) (Entered: 05/06/2021)

FIRST AMENDED COMPLAINT against Leslie Rutledge filed by Steven C Hayes. (ljb) (Entered: 05/06/2021)

MOTION for Declaratory and Injunctive Relief, to Certify Class, and to Appoint Counsel by William Hufford. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

MOTION to Certify Class and Appoint Counsel by Steven C Hayes. (ljb) (Entered: 05/11/2021)

MOTION for Temporary Restraining Order and Preliminary Injunction by Steven C Hayes. (ljb) (Entered: 05/11/2021)

MOTION for Leave to Proceed in forma pauperis by Steven C Hayes. (llg) (Entered: 05/12/2021)

ORDER granting 10 Motion to Proceed In Forma Pauperis; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk of the Court to send a copy of this Order to the Warden of the Ouachita River Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office; directing the Clerk of the Court to prepare summons for Defendant Attorney General Leslie Rutledge; directing the United States Marshal to serve a copy of 10 Mr. Hayes's Complaint, as amended, Summons, and this Order on Defendant without prepayment of fees and costs or security therefore; and directing Defendant to file a written response to the Motion for a Temporary Restraining Order on or before Friday 05/14 at 4:30 pm. Signed by Judge Lee P. Rudofsky on 05/13/2021. (ajt) Additional attachment added on 5/13/2021: # 1 Main Document - Correct. (kbc) (Entered: 05/13/2021)

NOTICE OF DOCKET CORRECTION re 11 Order. CORRECTION: The original document was submitted in error (wrong image file). The correct document was added to 11 and hereto for service/review by the parties pursuant to instruction from chambers. (kbc) (Entered: 05/13/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part 8 Motion to Appoint Counsel. The Court appoints John E. Tull, III and Thomas Christoph Keller as counsel for Steven C. Hayes. The Court will address class certification in a separate order. Once defendant files a response to the Motion for Temporary Restraining Order, plaintiff will have two business days to file a reply in support of the Motion for Temporary Restraining Order. Signed by Judge Lee P. Rudofsky on 5/13/2021. (hml) (Entered: 05/13/2021)

Summons Issued as to Leslie Rutledge and forwarded to USMS for service. (ajt)

NOTICE of Appearance by Dylan L. Jacobs on behalf of Leslie Rutledge (Jacobs, Dylan) (Entered: 05/14/2021)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Leslie Rutledge (Jacobs, Dylan) (Entered: 05/14/2021)

RESPONSE in Opposition re 9 MOTION for Temporary Restraining Order and in Support of Motion to Dismiss filed by Leslie Rutledge. (Attachments: # 1 Jerry Declaration, # 2 Act 1110 of 2021, # 3 Grigsby-Brown Declaration)(Jacobs, Dylan) (Entered: 05/14/2021)

MOTION to Withdraw 9 MOTION for Temporary Restraining Order by Steven C Hayes (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Tull, John) (Entered: 05/17/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 17 Motion to Withdraw 9 Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Lee P. Rudofsky on 05/17/2021. (pgt) (Entered: 05/17/2021)

MOTION to Appoint Counsel by Ronald J Hamilton. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

MOTION for Leave to File Plaintiff Steven Hayes' Motion for Leave to File Second Amended Complaint by Steven C Hayes (Keller, Thomas) (Entered: 05/28/2021)

BRIEF IN SUPPORT re 19 Motion for Leave to File Plaintiff Steven Hayes' Consolidated Brief in Support of Motion for Leave to File Second Amended Complaint and Response in Opposition to Defendant's Motion to Dismiss filed by Steven C Hayes. (Keller, Thomas) (Entered: 05/28/2021)

Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Leave to File Plaintiff Steven Hayes' Motion for Leave to File Second Amended Complaint by Leslie Rutledge (Jacobs, Dylan) (Entered: 06/09/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 21 Motion for Extension of Time to File Response to 19 MOTION for Leave to File Second Amended Complaint. Response due by 6/18/2021. Signed by Judge Lee P. Rudofsky on 6/9/2021. (hml) (Entered: 06/09/2021)

RESPONSE in Opposition re 19 MOTION for Leave to File Plaintiff Steven Hayes' Motion for Leave to File Second Amended Complaint filed by Leslie Rutledge. (Jacobs, Dylan) (Entered: 06/21/2021)

MOTION for Leave to File Steven C. Hayes' Motion for Leave to File Reply in Support of Motion for Leave to File Second Amended Complaint by Steven C Hayes (Attachments: # 1 Exhibit Exhibit 1)(Keller, Thomas) (Entered: 06/23/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 24 Motion for Leave to File Reply in Support of Motion for Leave to File Second Amended Complaint. Signed by Judge Lee P. Rudofsky on 6/25/2021. (hml) (Entered: 06/25/2021)

REPLY to Response to Motion re 19 MOTION for Leave to File Plaintiff Steven Hayes' Motion for Leave to File Second Amended Complaint Plaintiff Steven Hayes' Reply in Support of Motion for Leave to File Second Amended Complaint filed by Steven C Hayes. (Keller, Thomas) (Entered: 06/25/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 19 Motion for Leave to File the Second Amended Complaint. Under the liberal Rule 15 amendment standard, allowing this Amendment is appropriate for the reasons set forth in Section 1 of Plaintiff's 26 Reply. Moreover, the Court does not agree with Defendants that allowing this Amendment violates the PLRA. With respect to exhaustion, the Court believes both Parties have fair arguments. The Court believes that the most efficient way to proceed is to allow the Amendment and test the exhaustion issue if and when Defendants assert it (along with whatever other arguments Defendants may have) in an Amended Motion to Dismiss. The Amended Motion to Dismiss is due within 7 days of the date of this Order. Any Response will be due 7 days after the Amended Motion to Dismiss is filed. A Reply will be allowed and is due 5 days after the Response is filed. Signed by Judge Lee P. Rudofsky on 07/01/2021. (bgr) (Entered: 07/01/2021)

Unopposed MOTION to Extend Time to File Motion to Dismiss Plaintiff's Second Amended Complaint by All Defendants (Jacobs, Dylan) (Entered: 07/02/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 28 Unopposed Motion to Extend Time. Signed by Judge Lee P. Rudofsky on 07/06/2021. (bgr) (Entered: 07/06/2021)

SUMMONS Returned Executed. Leslie Rutledge served on 6/1/2021. (mdo) (Entered: 07/06/2021)

MOTION for Leave to Proceed in forma pauperis by Paul Latham. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

MOTION to Amend/Correct Complaint by Ronald J Hamilton. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

MOTION to Amend/Correct Complaint by William Hufford. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

SECOND AMENDED COMPLAINT for Declaratory and Injunctive Relief against Solomon Graves, Dexter Payne, filed by Steven C Hayes. Summons issued as to defendants Dexter Payne, Solomon Graves and returned to plaintiff's counsel.(mdo) (Entered: 07/22/2021)

MOTION to Amend Complaint by Rodney Johnson. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lindsy, Madden, Mahoney, Barbara Smallwood. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

NOTICE of Appearance by Vincent P. France on behalf of Solomon Graves, Dexter Payne, Leslie Rutledge (France, Vincent) (Entered: 08/05/2021)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by All Defendants (France, Vincent) (Entered: 08/05/2021)

BRIEF IN SUPPORT re 33 Motion to Dismiss for Failure to State a Claim filed by All Defendants. (France, Vincent) (Entered: 08/05/2021)

MOTION to Appoint Counsel by William Hufford. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

MOTION to Appoint Counsel by Rodney Johnson. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

MOTION to Amend Complaint by Isaiah Z Williams. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Asa Hutchinson, Dexter Payne. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

MOTION for Leave to Proceed in forma pauperis by Bryan K Abston. (jak) [Docketed per 6 Order in Case No. 4:21-cv-00729](jak) (Entered: 08/26/2021)

RESPONSE in Opposition re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Steven C Hayes. (Tull, John) (Entered: 08/19/2021)

MOTION for Temporary Restraining Order or Alternatively, for Preliminary Injunction by Anthony D Lamar. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

MOTION for Leave to Proceed in forma pauperis by Eddie S Watkins. (Docketed pursuant to 36 Order. Originally filed in member case 4:21-cv-00756-LPR.) (cmn) (Entered: 10/06/2021)

MOTION for Leave to Proceed in forma pauperis by Steven Vann. (Docketed pursuant to 36 Order. Originally filed in member case 4:21-cv-00760-LPR.) (cmn) (Entered: 10/06/2021)

ORDER: There are a large number of cases before me that bring various challenges to Arkansas Act 1110 of 2021 and the resulting diversion of payments from the federal government to inmates under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Consolidated Appropriations Act, and the American Rescue Plan Act (ARPA). I am going to consolidate these cases for all pre-trial purposes under the docket in Hayes v. Rutledge, 4:21-cv-00347-LPR. The State must provide a response to Mr. Lamar's Motion for Preliminary Injunction on or before 8/30/2021. The Court will hold a joint hearing on the Motion to Dismiss in Hayes and the Motions for Preliminary Injunction in Lamar and Holloway on 8/31/2021 at 10:00 AM. Signed by Judge Lee P. Rudofsky on 8/23/2021. (jbh) (Entered: 08/23/2021)

MOTION for Status by Isaiah Z Williams. [Docketed pursuant to 36 Order] (jbh) (Entered: 08/24/2021)

MOTION for Temporary Restraining Order and Preliminary Injunction by Billy Joe Grantham. (kdr) (Entered: 08/24/2021)

BRIEF IN SUPPORT of 50 Motion for TRO and Preliminary Injunction filed by Billy Joe Grantham. (kdr) (Entered: 08/24/2021)

MOTION to Appoint Counsel by Billy Joe Grantham. (kdr) (Entered: 08/24/2021)

MOTION for Leave to File Amended Complaint by Billy Joe Grantham. (Attachments: # 1 Proposed First Amended Complaint)(kdr) (Entered: 08/24/2021)

MOTION to Hold Defendants' 38 Motion to Dismiss in Abeyance; or Alternatively MOTION for a 60 Day Extension of Time to File Response by Anthony D Lamar. (llg) (Entered: 08/25/2021)

RESPONSE in Opposition re 39 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Asa Hutchinson, Dexter Payne. (France, Vincent) (Entered: 08/27/2021)

NOTICE of Appearance by Vincent P. France on behalf of Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

BRIEF IN SUPPORT re 58 Motion to Dismiss for Failure to State a Claim and Response to Motion filed by Lindsy, Madden, Mahoney and Barbara Smallwood. (France, Vincent) Docket text modified on 8/30/2021 to correct description. (kbc) (Entered: 08/30/2021)

NOTICE of Appearance by Vincent P. France on behalf of Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

BRIEF IN SUPPORT re 61 Motion to Dismiss for Failure to State a Claim and Response to Plaintiff's Motion for Preliminary Injunction filed by Lindsy, Madden, Mahoney, Barbara Smallwood. (France, Vincent) (Entered: 08/30/2021)

NOTICE of Appearance by Vincent P. France on behalf of Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

BRIEF IN SUPPORT re 64 Motion to Dismiss for Failure to State a Claim and Response to Plaintiff's Motion for Preliminary Injunction filed by Lindsy, Madden, Mahoney, Barbara Smallwood. (France, Vincent) (Entered: 08/30/2021)

NOTICE of Appearance by Vincent P. France on behalf of Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lindsy, Madden, Mahoney, Barbara Smallwood (France, Vincent) (Entered: 08/30/2021)

BRIEF IN SUPPORT re 67 Motion to Dismiss for Failure to State a Claim and Response to Plaintiff's Motion for Preliminary Injunction filed by Lindsy, Madden, Mahoney, Barbara Smallwood. (France, Vincent) (Entered: 08/30/2021)

NOTICE OF DOCKET CORRECTION re 59 Brief in Support. CORRECTION: The docket text was modified to correct the description to indicate "filed by Lindsy, Madden, Mahoney and Barbara Smallwood" based on the attached correspondence. (kbc) (Entered: 08/30/2021)

MOTION for Temporary Restraining Order and Motion for Preliminary Injunction by Billy Joe Grantham. (kdr) (Entered: 08/30/2021)

BRIEF IN SUPPORT of 70 Motion for TRO and Motion for Preliminary Injunction filed by Billy Joe Grantham. (kdr) (Entered: 08/30/2021)

MOTION for Leave to File Amended Complaint by Billy Joe Grantham. (Attachments: # 1 Proposed First Amended Complaint for Declaratory and Injunctive Relief)(kdr) (Entered: 08/30/2021)

Minute Entry for proceedings held before Judge Lee P. Rudofsky: Motion hearing held on Motions to Dismiss and Motions for Preliminary Injunction. Arguments made. The Court will hold the motions in abeyance until Friday, September 3, 2021. An order is forthcoming. Pl: Thomas Keller for Shawn Hayes, Winston Holloway, Pro Se and Anthony Lamar, Pro Se; Dfts: Vincent France and Kesia Morrison. (Court Reporter Kathleen Maloney.) (mmb) (Entered: 08/31/2021)

MOTION for Leave to Proceed in forma pauperis by Kenneth Eugene Jackson. (Docketed pursuant to 36 Order. Originally filed in member case 4:21-cv-00775-LPR.) (cmn) (Entered: 10/06/2021)

NOTICE by All Defendants (Attachments: # 1 Exhibit Declaration of Jeffrey Jerry)(France, Vincent) (Entered: 09/02/2021)

MOTION to Appoint Counsel by Isaiah Z Williams. (kdr) (Entered: 09/02/2021)

MOTION for Status Update and Motion to Appoint Counsel by Bradley Berry. (kdr) (Entered: 09/02/2021)

INTERROGATORIES by Bradley Berry.(kdr) (Entered: 09/02/2021)

Mail Returned Undeliverable as to Ron Huggins re 69 Notice of Docket Correction re 59 Brief in Support. (fjg) (Entered: 09/03/2021)

ORDER granting 39 Motion for Preliminary Injunction. Signed by Judge Lee P. Rudofsky on 09/03/2021. (ajt) (Entered: 09/03/2021)

MOTION to Include Missing Exhibits to Missing Brief in Support of TRO by Billy Joe Grantham. (cmn) (Entered: 09/08/2021)

MOTION to Include Missing Exhibits to First Amended Complaint by Billy Joe Grantham. (llg) (Entered: 09/09/2021)

MOTION for Leave to Proceed in forma pauperis by Mark Alan McKusker. (Docketed pursuant to 36 Order. Original filed in member case 4:21-cv-00802-LPR.) (cmn) (Entered: 10/06/2021)

Mail Returned Undeliverable as to Ron Huggins re 70 Motion for Temporary Restraining Order, 71 Brief in Support of 70 Motion for TRO, 72 Motion for Leave to File Amended Complaint. (fjg) (Entered: 09/09/2021)

MOTION to Dismiss a Defendant by Bradley Berry. (llg) (Entered: 09/09/2021)

EVIDENCE by Steven Vann. (llg) (Entered: 09/09/2021)

MOTION to Appoint Counsel and INTERROGATORIES by Eddie Wardwell. (llg) (Entered: 09/09/2021)

MOTION to Withdraw as Attorney by Steven C Hayes (Keller, Thomas) (Entered: 09/10/2021)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 86 Motion to Withdraw as Attorney. Attorney Thomas Christoph Keller terminated. Signed by Judge Lee P. Rudofsky on 9/10/2021. (hml) (Entered: 09/10/2021)

MOTION for Leave to Proceed in forma pauperis by Luther W Dillon. (Docketed pursuant to 36 Order. Originally filed in member case 4:21-cv-00809-LPR.) (cmn) (Entered: 10/06/2021)

MOTION for Cease-and-Desist Order by Luther W Dillon. (Docketed pursuant to 36 Order. Originally filed in member case 4:21-cv-00809-KGB.) (cmn) (Entered: 10/06/2021)

Mail Returned Undeliverable as to Ron Huggins re 73 Minute Entry for proceedings held before Judge Lee P. Rudofsky. (fjg) (Entered: 09/15/2021)

MOTION for Copies by Steven Vann. (kdr) (Entered: 09/16/2021)

MOTION for Copies by Eddie S Watkins. (kdr) (Entered: 09/16/2021)

Mail Returned Undeliverable as to John Hayes re 79 Order. (fjg) (Entered: 09/20/2021)

Mail Returned Undeliverable as to Ron Huggins re 81 Motion to Include Missing Exhibits, 83 Motion to Dismiss. (fjg) (Entered: 09/20/2021)