Case: Holt v. Hobbs

5:11-cv-00164 | U.S. District Court for the Eastern District of Arkansas

Filed Date: June 28, 2011

Closed Date: 2015

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Case Summary

On June 28, 2011, a devout Muslim prisoner at the Arkansas Department of Corrections' Cummins Unit filed a lawsuit in the United States District Court for the Eastern District of Arkansas under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act ("RLUIPA") against the Director of the Arkansas Department of Corrections and the Warden of the Cummins Unit. The plaintiff, proceeding without counsel, asked the court for a temporary and permanent injunction against the enforcement of the prison's grooming policy, claiming that the prison was substantially interfering with his right to practice religion in violation of RLUIPA and the First Amendment to the United States Constitution. Specifically, the plaintiff claimed that the prison's refusal to allow him to grow a 1/2 inch beard was not the least restrictive means of furthering the government's compelling interest in maintaining security in the prison.

On July 6, 2011, United States Magistrate Judge Joe J. Volpe, relying heavily on Fegans v. Norris, 537 F.3d 897 (8th Cir. 2008), recommended that the plaintiff's motion for preliminary injunction and temporary restraining order be denied. On October 18, 2011, the District Court (Chief Judge Brian S. Miller), however, rejected the magistrate's proposed findings, noting that the defendants failed to satisfy their burden of proving that the grooming policy was the least restrictive means to achieve prison security as applied to the plaintiff's case. The District Court then granted plaintiff's motion for a preliminary injunction and temporary restraining order, and remanded the case to the Magistrate Judge for further hearings on whether the grooming policy was the least restrictive means to maintain prison security.

After an evidentiary hearing, on January 27 2012, Magistrate Judge Volpe recommended that the Court's October 18, 2011 order be vacated, that the plaintiff's complaint be dismissed with prejudice for failure to state a claim upon which relief can be granted. Holt v. Hobbs, No. 11-cv-00164, 2012 WL 994481 (E.D. Ark. Jan. 27, 2012). Magistrate Judge Volpe noted that the state had brought forth credible evidence that a 1/2 inch beard presented security threats, notwithstanding the fact that under the policy a prisoner with a diagnosed skin condition was allowed to grow a 1/4 inch beard. For example, a 1/2 inch beard could conceal weapons and/or contraband; allowing a prisoner to keep a beard could allow him to disguise his identity (by shaving) in the event of an escape; and giving certain prisoners preferential treatment (allowing them to grow beards) could lead to other prisoners targeting them or seeing them as leaders. The plaintiff conceded that the government had a compelling interest in maintaining prison security, but argued that the policy was not the least restrictive means to do so. Specifically, the plaintiff referenced the procedures used by the New York Department of Corrections that maintain prison security by photographing inmates with and without a beard so that they may not disguise themselves in the event of an escape. Despite this evidence, Magistrate Judge Volpe declared that a high level of deference is owed to prison officials in judging the specific needs of their prison, and that policies of other prisons are not dispositive. Finally, the Magistrate Judge noted that because the plaintiff was already given several religious accommodations (a prayer rug, a list of distributors of Islamic material, correspondence with religious advisors, dietary accommodations, and unobstructed observance of religious holidays), the grooming policy did not "substantially burden" the plaintiff's religious exercise. The Magistrate Judge recommended that the complaint be dismissed with prejudice. Moreover, he recommended that dismissal of the complaint count as a "strike" for purposes of the Prison Litigation Reform Act, which penalizes prisoners if they file more than three lawsuits that are frivolous or fail to state a claim. On March 23, 2012, the District Court (Chief Judge Brian S. Miller) adopted the Magistrate's recommendations in full, and dismissed the plaintiff's complaint. Holt v. Hobbs, No. 11-cv-00164, 2012 WL 993403 (E.D. Ark. Mar. 23, 2012).

The plaintiff appealed to the Eighth Circuit Court of Appeals. On June 12, 2013, the Court (per curiam) held that the State met its burden under RLUIPA of establishing that the grooming policy was the least restrictive means of furthering the compelling government interest in prison security, and affirmed the District Court's dismissal of the case. The Court did, however, reverse the District Court's holding that the dismissal counted as a strike under the Prison Litigation Reform Act. Holt v. Hobbs, 509 Fed.Appx. 561 (8th Cir. 2013); No. 12-3185, 2013 WL 2500568 (8th Cir. June 12, 2013).

Still without counsel, the plaintiff then sought review in the Supreme Court of the United States; the Supreme Court granted certiorari, limited to the RLUIPA claims, and appointed counsel. Holt v. Hobbs, 134 S.Ct. 1512 (2014). On January 20, 2015, the Court reversed, unanimously. In an opinion by Justice Alito, the Court held that Arkansas's grooming policy violates RLUIPA "insofar as it prevents petitioner from

growing a 1⁄2-inch beard in accordance with his religious beliefs." The opinion focused on the fact that the state's asserted security interest was undermined by the fact that it allowed prisoners to grow 1/4-inch beards for medical reasons, and also allowed prisoners to grow their hair longer than 1/2 inch.

On March 12, 2015, defendants filed a motion to dismiss the case as moot. Plaintiff then filed a motion for contempt on March 24, 2015, arguing that the Department of Corrections was misapplying the court ruling. The court denied this motion for contempt.

On May 14, 2015, plaintiff filed a motion for permanent injunction, which was granted on June 4, 2015. The permanent injunction stated that prisoners can grow a 1/2 inch beard for religious reasons if they properly file for religious grooming accommodations. On June 9, 2015, the parties filed a joint notice stating that the Department of Corrections agreed to pay $134,000 to plaintiff's attorneys. On June 23, 2015, the court dismissed the case with prejudice.

On November 3, 2015, plaintiff filed a motion to reopen the case, alleging that he was advised that he should not help other prisoners file for religious grooming accommodations and was told not to teach Islam beliefs in a religious group for prisoners. The court denied this motion on November 20, 2015, because plaintiff had already been granted relief and was adding new claims. Plaintiff moved for reconsideration on November 27, 2015, stating that he was impermissibly and wrongly discharged from the PAL (Principles and Applications for Life) program in retaliation for exercising his right to advise other inmates on how to file for accommodations and for educating fellow inmates. The court denied this motion for reconsideration, on the grounds that the claims brought in the motion for reconsideration were unrelated to whether he should be permitted to wear a half-inch beard. The court found that if plaintiff wanted to pursue his new claims, he had to file a new case.

This case is now closed.

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Summary Authors

Joshua Arocho (11/11/2014)

Katie Chan (11/17/2017)

Jennifer Huseby (11/2/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4128496/parties/holt-v-hobbs/

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Attorney for Plaintiff

Benca, Patrick J. (Arkansas)

Attorney for Defendant

Cearley, Stuart A. (Arkansas)

Cordi, C. Joseph (Arkansas)

Expert/Monitor/Master/Other

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Kagan, Elena (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Miller, Brian S. (Alaska)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Volpe, Joe J (Arkansas)

Attorney for Plaintiff

Benca, Patrick J. (Arkansas)

Holt, Gregory (Arkansas)

Laycock, Douglas (Virginia)

Meyerson, James I. (Arkansas)

Milton, David (Arkansas)

Moore, Jonathan C (Arkansas)

Upton, John Ware (Arkansas)

Attorney for Defendant

Cearley, Stuart A. (Arkansas)

Cordi, C. Joseph (Arkansas)

Cryer, Christine A. (Arkansas)

Donoven, Katherine Anne (Arkansas)

Eberhard, David B. (Arkansas)

Gibson, Amanda (Arkansas)

Hansen, Dennis R. (Arkansas)

Hardage, A. Carter (Arkansas)

Hixson, Suzanne (Arkansas)

Hodge, KaTina Rena (Arkansas)

Hollingsworth, Patrick E. (Arkansas)

Howe, James O. (Arkansas)

Hudson, Renae Ford (Arkansas)

Johnson, Shawn J. (Arkansas)

Kemp, Rachel H. (Arkansas)

Mahfouz, Nga (Arkansas)

May, Larry (Arkansas)

Mays, Stephanie L. (Arkansas)

McCollum, Brittany Leah (Arkansas)

McDaniel, Dustin (Arkansas)

McDonough, Sherri Arman (Arkansas)

Nield, Gabrielle De (Arkansas)

Nield, Edgar R. (Arkansas)

Noland, Ali (Arkansas)

Perez, Jonathan D. (Arkansas)

Purvis, Ann Christine (Arkansas)

Streit, Susannah Raney (Arkansas)

Svoboda, Joseph V. (Arkansas)

Walker, Eric Fitzgerald (Arkansas)

Warren, Jonathan Quentin (Arkansas)

Expert/Monitor/Master/Other

Curran, David A. (Arkansas)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
12-03185	General Docket U.S. Court of Appeals for the Eighth Circuit	Aug. 11, 2014	Aug. 11, 2014 Docket
13-06827	Docket Supreme Court of the United States	Oct. 7, 2014	Oct. 7, 2014 Docket
5:11-cv-00164	Docket [PACER]	Feb. 10, 2016	Feb. 10, 2016 Docket
2 5:11-cv-00164	Complaint	June 28, 2011	June 28, 2011 Complaint
3 5:11-cv-00164	Application for Preliminary Injunction and Temporary Restraining Order	June 28, 2011	June 28, 2011 Pleading / Motion / Brief
25 5:11-cv-00164	Declaration of Carlos Gutierrez	Sept. 1, 2011	Sept. 1, 2011 Declaration/Affidavit
24 5:11-cv-00164	Declaration of Vernell Conley	Sept. 1, 2011	Sept. 1, 2011 Declaration/Affidavit
28 5:11-cv-00164	Order	Oct. 18, 2011	Oct. 18, 2011 Order/Opinion
32 5:11-cv-00164	Motion for Leave to Amend	Oct. 19, 2011	Oct. 19, 2011 Pleading / Motion / Brief
68 5:11-cv-00164	Declaration of Rashaad Farris	Dec. 19, 2011	Dec. 19, 2011 Declaration/Affidavit

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Resources

Title	Description		External URL Date / External URL
Holt v. Hobbs Becket	In 2011, Abdul Muhammad, an inmate in an Arkansas state prison, sued in federal court for the right to wear a beard in accordance with his Muslim beliefs. After he lost in federal court, Becket and P…	Jan. 20, 2015	Jan. 20, 2015 https://www.becketlaw.org/...
Holt v. Hobbs SCOTUSBlog	An Arkansas prison policy that prevents a Muslim prisoner from growing a half-inch beard in accordance with his religious beliefs violates the Religious Land Use and Institutionalized Persons Act.	Jan. 20, 2015	Jan. 20, 2015 https://www.scotusblog.com/...
Holt v. Hobbs, 574 US _ (2015) The Oyez Project	Information about the Supreme Court litigation in this case, including audio recordings of the oral argument and opinion announcement, and the briefs and the docket and the written opinion.	Jan. 20, 2015	Jan. 20, 2015 https://www.oyez.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4128496/holt-v-hobbs/

Last updated April 18, 2024, 3:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	MOTION for Leave to Proceed in forma pauperis by Gregory Holt (pag)(copy mailed) (docket text modified on 6/29/2011 to correct plaintiff's name) (bfw). (Entered: 06/29/2011)	June 28, 2011	June 28, 2011 PACER
2	COMPLAINT with Jury Demand against All Defendants filed by Gregory Holt(pag)(copy mailed) (docket text modified on 6/29/2011 to correct plaintiff's name) (bfw). (Entered: 06/29/2011)	June 28, 2011	June 28, 2011 PACER
3	MOTION for Preliminary Injunction and Temporary Restraining Order by Gregory Holt (pag)(copy mailed) (docket text modified on 6/29/2011 to correct plaintiff's name) (bfw). (Entered: 06/29/2011)	June 28, 2011	June 28, 2011 PACER
4	BRIEF IN SUPPORT re 3 Motion for Preliminary Injunction and for TRO filed by Gregory Holt. (pag)(copy mailed) (docket text modified on 6/29/2011 to correct plaintiff's name) (bfw). (Entered: 06/29/2011)	June 28, 2011	June 28, 2011 PACER
5	ORDER denying 1 Plaintiff's Application to Proceed Without Prepaying Fees; directing the Clerk to mail to Plaintiff an Application to Proceed Without Prepaying Fees; and directing Plaintiff to submit within 30 days from the entry date of this Order, either the $350 statutory filing fee or a complete Application. Signed by Magistrate Judge Joe J. Volpe on 7/5/2011. (srw) (Entered: 07/06/2011)	July 5, 2011	July 5, 2011 PACER
7	PROPOSED FINDINGS AND RECOMMENDATIONS recommending 3 Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order be DENIED. Objections to R&R due no later than 14 days from the date of this Recommendation. Signed by Magistrate Judge Joe J. Volpe on 7/6/2011. (srw) (Entered: 07/06/2011)	July 6, 2011	July 6, 2011 PACER
9	NOTICE of Change of Address by Gregory Holt (pag)(copy mailed) (Entered: 07/07/2011)	July 7, 2011	July 7, 2011 PACER
10	OBJECTION to 7 Report and Recommendations by Gregory Holt (pag)(copy mailed) (Entered: 07/14/2011)	July 14, 2011	July 14, 2011 PACER
11	MOTION for Extension of Time to File Response/Reply as to 5 Order on Motion for Leave to Proceed in forma pauperis by Gregory Holt (pag)(copy mailed) (Entered: 07/21/2011)	July 21, 2011	July 21, 2011 PACER
12	MOTION to Amend/Correct 2 Complaint by Gregory Holt (pag)(copy mailed) (Entered: 07/21/2011)	July 21, 2011	July 21, 2011 PACER
13	EXHIBITS filed by Gregory Holt to 2 Complaint. (pag)(copy mailed) (Entered: 07/21/2011)	July 21, 2011	July 21, 2011 PACER
14	MOTION for Copies by Gregory Holt (pag)(copy mailed) (Entered: 07/27/2011)	July 27, 2011	July 27, 2011 PACER
15	BRIEF IN SUPPORT re 11 Motion for Extension of Time to File Response/Reply filed by Gregory Holt. (pag)(copy mailed) (Entered: 07/27/2011)	July 27, 2011	July 27, 2011 PACER
16	Letter from Robert Hawk (pag)(copy mailed) (Entered: 07/28/2011)	July 27, 2011	July 27, 2011 PACER
17	MOTION for Leave to Proceed in forma pauperis by Gregory Holt (pag)(copy mailed) (Entered: 08/03/2011)	Aug. 3, 2011	Aug. 3, 2011 PACER
18	ORDER granting 14 Plaintiff's Motion for Copies; and directing the Clerk of the Court to mail to Plaintiff copies of Docket Entries 11, 12, and 15 . Signed by Magistrate Judge Joe J. Volpe on 8/4/2011. (srw) (Entered: 08/04/2011)	Aug. 4, 2011	Aug. 4, 2011 PACER
20	ORDER granting 17 Plaintiff's Application to Proceed Without Prepayment of Fees; denying as moot 11 Plaintiff's Motion for Extension of Time; directing monthly payments be made from Plaintiff's institutional account for the statutory filing fee of $350; directing the Clerk of the Court to send a copy of this Order to the Warden of the Cummins Unit and appropriate ADC offices; and finding service is not appropriate at this time. Signed by Magistrate Judge Joe J. Volpe on 8/9/2011. (srw) (Entered: 08/09/2011)	Aug. 9, 2011	Aug. 9, 2011 PACER
22	MOTION for Service by Gregory Holt (pag)(copy mailed) (Entered: 09/01/2011)	Aug. 31, 2011	Aug. 31, 2011 PACER
23	NOTICE to the Court by Gregory Holt (pag)(copy mailed) (Entered: 09/01/2011)	Aug. 31, 2011	Aug. 31, 2011 PACER
24	DECLARATION of Vernell Conley, by Gregory Holt. (kdr) (Entered: 09/02/2011)	Sept. 1, 2011	Sept. 1, 2011 PACER
25	DECLARATION of Carlos Gutierrez, by Gregory Holt. (kdr) (Entered: 09/02/2011)	Sept. 1, 2011	Sept. 1, 2011 PACER
27	MOTION for Copies by Gregory Holt (pag)(copy mailed) (Entered: 10/14/2011)	Oct. 14, 2011	Oct. 14, 2011 PACER
28	ORDER rejecting Magistrate Judge Joe J. Volpe's proposed findings and recommended partial disposition; granting 3 Plaintiff's Motion for Preliminary Injunction and TRO; and remanding the case to Judge Volpe to hold a temporary injunction hearing and permit defendants to present evidence showing that the Arkansas Department of Correction's beard grooming policy, which restricts Holt's First Amendment right to observe his religion, is the least restrictive means of achieving the security goals sought by the policy. Signed by Judge Brian S. Miller on 10/18/11. (hph) (Entered: 10/18/2011)	Oct. 18, 2011	Oct. 18, 2011 PACER
30	ORDER granting 12 Plaintiff's Motion to Amend/Correct; granting 27 Plaintiff's Second Motion for Copies; and directing the Clerk of the Court to mail to Plaintiff a copy of the docket sheet and all orders that have been entered in this case. Signed by Magistrate Judge Joe J. Volpe on 10/19/11. (hph) (Entered: 10/19/2011)	Oct. 19, 2011	Oct. 19, 2011 PACER
32	AMENDED COMPLAINT against All Defendants, filed by Gregory Holt.(hph) (entry modified on 11/3/2011 to correct file date to 10/19/11)(bfw). (Entered: 11/02/2011)	Oct. 19, 2011	Oct. 19, 2011 PACER
36	Letter from Gregory Holt (pag)(copy mailed) (Entered: 11/03/2011)	Nov. 1, 2011	Nov. 1, 2011 PACER
33	ORDER granting 22 Plaintiff's Motion for Service; directing the Clerk of the Court to prepare summons for Defendants Hobbs, Lay, Tate, Robertson, Richardson, and May; directing the U.S. Marshal to serve a copy of the 2 Complaint, 32 Amended Complaint, and summons on Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 11/2/2011. (srw) (Entered: 11/02/2011)	Nov. 2, 2011	Nov. 2, 2011 PACER
35	Summons Issued as to All Defendants. (srw) (Entered: 11/03/2011)	Nov. 2, 2011	Nov. 2, 2011 PACER
37	MOTION for Hearing by Gregory Holt (pag)(copy mailed) (Entered: 11/15/2011)	Nov. 15, 2011	Nov. 15, 2011 PACER
38	SUMMONS Returned Executed by Gregory Holt. Larry May served on 11/7/2011. (pag) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011 PACER
39	SUMMONS Returned Executed by Gregory Holt. M Richardson served on 11/7/2011. (pag) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011 PACER
40	SUMMONS Returned Executed by Gregory Holt. V R Robertson served on 11/7/2011. (pag) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011 PACER
41	SUMMONS Returned Executed by Gregory Holt. D W Tate served on 11/7/2011. (pag) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011 PACER
42	SUMMONS Returned Executed by Gregory Holt. Gaylon Lay served on 11/7/2011. (pag) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011 PACER
43	SUMMONS Returned Executed by Gregory Holt. Ray Hobbs served on 11/7/2011. (pag) (Entered: 11/16/2011)	Nov. 16, 2011	Nov. 16, 2011 PACER
44	SECOND MOTION to Amend/Correct 2 Complaint by Gregory Holt (pag)(copy mailed) (Entered: 11/17/2011)	Nov. 17, 2011	Nov. 17, 2011 PACER
45	NOTICE of Appearance by Christine A. Cryer on behalf of Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate (Cryer, Christine) (Entered: 11/28/2011)	Nov. 28, 2011	Nov. 28, 2011 PACER
46	ANSWER to 2 Complaint by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate.(Cryer, Christine) (Entered: 11/28/2011)	Nov. 28, 2011	Nov. 28, 2011 PACER
47	RESPONSE to Motion re 37 MOTION for Hearing filed by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate. (Cryer, Christine) (Entered: 11/29/2011)	Nov. 29, 2011	Nov. 29, 2011 PACER
48	RESPONSE to Motion re 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate. (Cryer, Christine) (Entered: 11/29/2011)	Nov. 29, 2011	Nov. 29, 2011 PACER
49	INITIAL SCHEDULING ORDER directing the parties to complete discovery on or before 5/30/2012 and file any dispositive motions on or before 7/2/2012. Signed by Magistrate Judge Joe J. Volpe on 11/30/2011. (srw) (Entered: 11/30/2011)	Nov. 30, 2011	Nov. 30, 2011 PACER
51	NOTICE of Hearing: Evidentiary Hearing set for 1/4/2012 at 10:00 AM in Little Rock Courtroom # 2C before Magistrate Judge Joe J. Volpe. (srw) (Entered: 11/30/2011)	Nov. 30, 2011	Nov. 30, 2011 PACER
53	RESPONSE to Motion re 44 MOTION to Amend/Correct 2 Complaint filed by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate. (Attachments: # 1 Exhibit)(Cryer, Christine) (Entered: 12/01/2011) 1 Exhibit View on PACER	Dec. 1, 2011	Dec. 1, 2011 PACER
54	ORDER directing the Arkansas Department of Correction to transport Plaintiff, with his institutional, medical, and psychiatric files on 1/4/2012 by 9:30 a.m. for a hearing in Courtroom 2C of the Richard Sheppard Arnold U.S. Courthouse, Little Rock, Arkansas. Signed by Magistrate Judge Joe J. Volpe on 12/2/2011. (srw) (Docket text modified on 12/2/2011 to correct the transport date.) (thd). (Entered: 12/02/2011)	Dec. 2, 2011	Dec. 2, 2011 PACER
57	RESPONSE re 46 Answer to Complaint by Gregory Holt (pag)(copy mailed) (Entered: 12/08/2011)	Dec. 7, 2011	Dec. 7, 2011 PACER
58	REPLY to Response to 3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Gregory Holt. (pag)(copy mailed) (Entered: 12/08/2011)	Dec. 7, 2011	Dec. 7, 2011 PACER
59	MOTION for Order to Subpoena by Gregory Holt (pag)(copy mailed) (Image file replaced on 12/21/2011 to correct pdf header issue.)(thd). (Entered: 12/14/2011)	Dec. 13, 2011	Dec. 13, 2011 PACER
60	REPLY to Response to 44 MOTION to Amend/Correct 2 Complaint filed by Gregory Holt. (pag)(copy mailed) (Image file replaced on 12/21/2011 to correct pdf header issue.)(thd). (Entered: 12/14/2011)	Dec. 13, 2011	Dec. 13, 2011 PACER
61	ORDER denying as moot 37 Plaintiff's Motion for Hearing. Signed by Magistrate Judge Joe J. Volpe on 12/14/2011. (srw) (Entered: 12/14/2011)	Dec. 14, 2011	Dec. 14, 2011 PACER
63	RESPONSE to Motion re 59 MOTION for Order filed by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate. (Cryer, Christine) (Entered: 12/14/2011)	Dec. 14, 2011	Dec. 14, 2011 PACER
64	ORDER denying without prejudice 59 Plaintiff's Motion for Subpoena and Transportation Order. Signed by Magistrate Judge Joe J. Volpe on 12/16/2011. (srw) (Entered: 12/16/2011)	Dec. 16, 2011	Dec. 16, 2011 PACER
66	THIRD MOTION to Amend/Correct 2 Complaint by Gregory Holt (pag)(copy mailed) (Entered: 12/20/2011)	Dec. 19, 2011	Dec. 19, 2011 PACER
68	DECLARATION of Inmate filed by Gregory Holt. (pag)(copy mailed) (Entered: 12/20/2011)	Dec. 19, 2011	Dec. 19, 2011 PACER
67	RESPONSE to Motion re 66 MOTION to Amend/Correct 2 Complaint filed by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate. (Cryer, Christine) (Entered: 12/20/2011)	Dec. 20, 2011	Dec. 20, 2011 PACER
69	REPLY to Response to 59 MOTION for Order filed by Gregory Holt. (pag)(copy mailed) (Entered: 12/20/2011)	Dec. 20, 2011	Dec. 20, 2011 PACER
70	MOTION for Reconsideration re 64 Order on Motion for Subpoena and Transportation Order by Gregory Holt (pag)(copy mailed) (Entered: 12/20/2011)	Dec. 20, 2011	Dec. 20, 2011 PACER
71	ORDER denying 70 Plaintiff's Motion for Reconsideration. Signed by Magistrate Judge Joe J. Volpe on 12/22/2011. (srw) (Entered: 12/22/2011)	Dec. 22, 2011	Dec. 22, 2011 PACER
73	(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTE ENTRY for proceedings held before Magistrate Judge Joe J. Volpe: Temporary Injunction Hearing held on 1/4/2012. After hearing testimony from the parties and the admittance of Defendants' exhibits 1-2, the hearing concluded. The Court is taking the case under advisement and a recommended disposition will be entered as soon as possible. (Plaintiff: Pro Se; Defense Counsel: Christine Cyer) (ECRO Stacy Williams) (srw) (Entered: 01/04/2012)	Jan. 4, 2012	Jan. 4, 2012 PACER
74	Exhibit and Witness List (srw) (Entered: 01/04/2012)	Jan. 4, 2012	Jan. 4, 2012 PACER
76	MOTION for Order for Transcript at Public Expense by Gregory Holt (pag)(copy mailed) (Entered: 01/09/2012)	Jan. 9, 2012	Jan. 9, 2012 PACER
77	(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying 76 Plaintiff's Motion for Order for Transcript at Public Expense. The Plaintiff is not entitled to a transcript at the expense of the public. A letter will follow with the procedures and prices of ordering a transcript. Signed by Magistrate Judge Joe J. Volpe on 1/9/2012. (srw) (Entered: 01/09/2012)	Jan. 9, 2012	Jan. 9, 2012 PACER
79	Letter from Clerk returning exhibits to Attorney Christine Cryer, counsel for Ray Hobbs and other Defendants, of the Temporary Injunction Hearing held on 1/4/21012. (srw) (Entered: 01/10/2012)	Jan. 10, 2012	Jan. 10, 2012 PACER
80	OBJECTIONS by Gregory Holt re 77 Order on Motion for Order. (pag)(copy mailed) (Entered: 01/18/2012)	Jan. 18, 2012	Jan. 18, 2012 PACER
81	MOTION for Order by Gregory Holt (pag)(copy mailed) (Entered: 01/25/2012)	Jan. 25, 2012	Jan. 25, 2012 PACER
82	PROPOSED FINDINGS AND RECOMMENDATIONS recommending the 28 Court's Order granting Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order be VACATED; recommending 3 Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order be DENIED; recommending 2 Plaintiff's Complaint be DISMISSED with prejudice; recommending dismissal of this action constitute a "strike;" and recommending all pending motions be DENIED as moot. Objections to R&R due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 1/27/2012. (srw) (Entered: 01/27/2012)	Jan. 27, 2012	Jan. 27, 2012 RECAP
85	RECEIPT for Exhibits by Christine Cryer, counsel for all Defendants, from the temporary injunction hearing held on 1/4/2012. (srw) (Entered: 02/03/2012)	Feb. 2, 2012	Feb. 2, 2012 PACER
84	RESPONSE to Motion re 81 MOTION for Order filed by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate. (Attachments: # 1 Exhibit Exhibits A - C)(Cryer, Christine) (Entered: 02/03/2012) 1 Exhibit Exhibits A - C View on PACER	Feb. 3, 2012	Feb. 3, 2012 PACER
86	OBJECTION to 82 Report and Recommendations by Gregory Holt (pag)(copy mailed) (Entered: 02/08/2012)	Feb. 8, 2012	Feb. 8, 2012 PACER
87	REPLY to Response to 81 MOTION for Order filed by Gregory Holt. (pag)(copy mailed) (Entered: 02/09/2012)	Feb. 9, 2012	Feb. 9, 2012 PACER
88	DECLARATION of Paul Smisth submitted by Gregory Holt. (pag)(copy mailed) (Entered: 02/22/2012)	Feb. 22, 2012	Feb. 22, 2012 PACER
89	MOTION for Emergency Hearing by Gregory Holt (pag)(copy mailed) (Entered: 03/13/2012)	March 13, 2012	March 13, 2012 PACER
90	RESPONSE to Motion re 89 MOTION for Hearing filed by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate. (Cryer, Christine) (Entered: 03/14/2012)	March 14, 2012	March 14, 2012 PACER
91	EXHIBITS filed by Gregory Holt to 86 Objection to Report and Recommendations. (pag)(copy mailed) (Entered: 03/15/2012)	March 15, 2012	March 15, 2012 PACER
92	REPLY to Response to 89 MOTION for Hearing filed by Gregory Holt. (pag)(copy mailed) (Entered: 03/20/2012)	March 20, 2012	March 20, 2012 PACER
93	ORDER adopting proposed findings and recommended disposition; dismissing Holt's complaint with prejudice; dimissal of this action constitutes a "strike" for purposes of 28 U.S.C. § 1915(g); denying 89 Holt's motion for an emergency hearing; and denying all remaining motion as moot. Signed by Judge Brian S. Miller on 3/23/12. (hph) (Entered: 03/23/2012)	March 23, 2012	March 23, 2012 RECAP
94	JUDGMENT : Consistent with the order entered today, this case is hereby dismissed with prejudice and the relief sought is denied. Signed by Judge Brian S. Miller on 3/23/12. (hph) (Entered: 03/23/2012)	March 23, 2012	March 23, 2012 RECAP
96	MOTION for Re-Hearing, or in the alternative, Motion for Stay of Order Pending Appeal filed by Gregory Holt (pag)(copy mailed) Modified on 4/9/2012 to correct typographical error(pag). (Entered: 03/27/2012)	March 27, 2012	March 27, 2012 PACER
97	Letter from Gregory Holt regarding Motion for Rehearing. (pag)(copy mailed) (Entered: 04/09/2012)	April 9, 2012	April 9, 2012 PACER
98	MOTION for Extension of Time to File Notice of Appeal by Gregory Holt (pag)(copy mailed) (Entered: 04/17/2012)	April 17, 2012	April 17, 2012 PACER
99	ORDER granting 96 Motion for Hearing; granting 98 Motion for Extension of Time. The 3/23/12 Order is stayed pending appeal and Holt has up to and including 14 days from the date of this order to file a notice of appeal. Signed by Judge Brian S. Miller on 4/19/12. (hph) (ORDER IS VACATED PER 136 ORDER). (Entered: 04/19/2012)	April 19, 2012	April 19, 2012 PACER
101	NOTICE OF APPEAL as to 82 Report and Recommendations 93 Order Adopting Report and Recommendations, 94 Judgment, 99 Order by Gregory Holt. (copy mailed)(dac) (Entered: 04/27/2012)	April 27, 2012	April 27, 2012 PACER
102	Appellate Filing Fee Notice with IFP Application and Calculation Sheet issued to Gregory Holt; Response due by 6/1/2012 (copy mailed)(dac) (Entered: 04/27/2012)	April 27, 2012	April 27, 2012 PACER
103	NOTICE of Change of Address to VMS Post Office Box 600, Grady, AR 71644 by Gregory Holt (copy mailed) (dac) (Entered: 05/11/2012)	May 11, 2012	May 11, 2012 PACER
104	MOTION for Extension of Time to File Response as to 102 Appellate Filing Fee Notice by Gregory Holt (copy mailed) (dac) (Entered: 05/11/2012)	May 11, 2012	May 11, 2012 PACER
105	(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 104 motion for extension of time to file in forma pauperis appellate filing fee application up to and including 6/26/2012. Signed by Judge Brian S. Miller on 5/18/2012. (csb) (Entered: 05/18/2012)	May 18, 2012	May 18, 2012 PACER
107	MOTION for Leave to Appeal in forma pauperis by Gregory Holt (copy mailed) (dac) (Entered: 06/01/2012)	June 1, 2012	June 1, 2012 PACER
108	MOTION for Order For Review and Application For Permissionn to File Brief by Gregory Holt (dac) (Entered: 06/21/2012)	June 21, 2012	June 21, 2012 PACER
109	RESPONSE in Opposition re 108 MOTION for Order filed by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate. (Attachments: # 1 Exhibit AD Seg documents)(Cryer, Christine) (Entered: 07/05/2012) 1 Exhibit AD Seg documents View on PACER	July 5, 2012	July 5, 2012 PACER
110	REPLY to Response to Motion re 108 MOTION for Review and Application for Permission to file Brief filed by Gregory Holt. (dac) (Entered: 07/10/2012)	July 10, 2012	July 10, 2012 PACER
111	MOTION for Relief from Harassment by ADC Officers by Gregory Holt (dac) (Entered: 08/17/2012)	Aug. 17, 2012	Aug. 17, 2012 PACER
112	RESPONSE in Opposition re 111 MOTION for Relief from harassment by ADC Officers filed by Ray Hobbs, Gaylon Lay, Larry May, M Richardson, V R Robertson, D W Tate. (Attachments: # 1 Exhibit Policy and Confiscation Form)(Cryer, Christine) (Entered: 08/30/2012) 1 Exhibit Policy and Confiscation Form View on PACER	Aug. 30, 2012	Aug. 30, 2012 PACER
113	NOTICE of filing Affidavit of Marris Walton and Grievance form by Gregory Holt (dac) (Entered: 08/31/2012)	Aug. 31, 2012	Aug. 31, 2012 PACER
114	AFFIDAVIT of Robert Fairchild by Gregory Holt. (dac) (Entered: 09/05/2012)	Sept. 5, 2012	Sept. 5, 2012 PACER
115	ORDER granting 107 Plaintiff Gregory Holt's motion for leave to appeal in forma pauperis; denying as moot 108 Holt's motion for order; and, denying 111 Holt's motion for relief. Signed by Chief Judge Brian S. Miller on 9/13/2012. (kdr) (Entered: 09/13/2012)	Sept. 13, 2012	Sept. 13, 2012 PACER
116	NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 94 Judgment, 93 Order Adopting Report and Recommendations, 101 Notice of Appeal, 115 Order on Motion for Leave to Appeal in forma pauperis 82 REPORT AND RECOMMENDATIONS (dac) (Entered: 09/14/2012)	Sept. 14, 2012	Sept. 14, 2012 PACER
117	USCA Docketing Letter as to 101 Notice of Appeal filed by Gregory Holt. USCA Case Number 12-3185 (dac) (Entered: 09/17/2012)	Sept. 17, 2012	Sept. 17, 2012 PACER
118	ORDER of USCA Clerk of the United States District Court is requested to forward to this Court any portions of the original record which are not available in an electronic format as to 101 Notice of Appeal filed by Gregory Holt (dac) (Entered: 09/17/2012)	Sept. 17, 2012	Sept. 17, 2012 PACER
119	USCA Scheduling Order Clerk of the United States District Court is requested to forward to this Court any portions of the original record which are not available in an electronic format as to 101 Notice of Appeal filed by Gregory Holt. (dac) (Entered: 09/19/2012)	Sept. 19, 2012	Sept. 19, 2012 PACER
120	Amended NOTICE OF APPEAL as to 115 Order, by Gregory Holt. (mcz) (Entered: 10/25/2012)	Oct. 24, 2012	Oct. 24, 2012 PACER
121	USCA Docketing Letter as to 120 Amended Notice of Appeal filed by Gregory Holt. USCA Case Number 12-3556. (cby) (Entered: 10/29/2012)	Oct. 29, 2012	Oct. 29, 2012 PACER