:thinking:
Wait.... letter to CL... I wonder if that was the letter to the 1st Attorney that the guard at Tucker opened (check for contraband) but read and kept (per AL, Guard, affidavit from inmate next cell, and AL attorney). Remember they didnt allow AL to write CL. He filed the lawsuit, then they allowed .. and he was then moved to Varner SuperMax.... and then could no longer write, due to diff prison. Then the Fed suit dismissed as he no longer in Tucker... I cant remember if he has appealed that or not.
We had this conversation before. This should be interesting (jmho) I guess gonna depend when the letter was written. AL would know that his letters to CL would be read (career criminal that he is) very small time frame that he could have written to CL, but we do not know if he did, that PCRDF (Pulaski County Jail) where CL was held, we do not know if they would allow her to receive his mail, just because he was allowed for a small timeframe (from Tucker to Varner time frame). VERY Possible CL never saw the Letters and only knew of from her Public Defender. JMHO... thinking out loud
OK, I went back and was re reading and on Federal suit that AL filed against Tucker Max, on Dec 17, 2014 Captain Robinson confiscated his Legal Mail that had 2 affidavits to his wife and that his attorney told him he could send them to him and attorney would give them to CL attorney. ** the part call retaliation is because (from what I get reading the complaint) AL says his Constitutional Rights were violated because the Deputy Warden would not allow him to write to CL his wife (Nov 2014). And the letter to his attorney being confiscated is because of that. AL says that only the name "Crystal" is on a page, not wife. The Judge in the Federal Suit allowed for the suit to go forth.. Same Deputy Warden who said no, changed mind 2 days after served, AL was moved to Varner, then it became Moot....
ETA AL has appealed that case. Orig it was filed late Dec 2014, motions back and forth, AL vol dismissed Feb 2015, about 2 weeks later 2/24/2015 AL reopened.
3/23/2015 Summons issued
3/25/2015 Deputy Warden Outlaw as served
3/27/2015 Per AL, Deputy Warden Outlaw "approved" his request to correspond with CL.
4/6/2015 Order filed Partial
7/6/2015 Order in part allowing the First Amendment claim to proceed
7/7/2015 AL filed an Objection to Recommendations (suit could go thru with case against Deputy Warden Outlaw against First Amendment Claim) but part on the mail (retaliation suit) dismissed without prejudice and time to object was given to respond. Which AL objection shows filed . There is also a copy from Lawyer Hensley as an exhibit about the subject of the confiscated legal letter to him from AL.
7/22/2015 *** AL is transferred to Varner**
7/28/2015 Filed was change of address from AL stating he was moved from Tucker to Varner on 7/22/2015.
8/2/2015 :
8. Plaintiff’s transfer from the Tucker Unit to the Varner Unit moots his claims and
entitles Defendant Outlaw to a judgment of dismissal of the claims against him.
9. Moreover, Plaintiff’s claims against Defendant Outlaw are moot as he was
granted the relief requested in his Complaint prior to his transfer to Varner.
WHEREFORE, Defendant Steve Outlaw respectfully requests his Motion for Summary
Judgment be granted and that Plaintiff’s Complaint be dismissed in its entirety.
Respectfully submitted,
Leslie Rutledge
Attorney General
By: /s/ Amber R. Schubert
Arkansas Bar No. 09150
08/25/2015 39 MOTION to Strike and MOTION for Sanctions by Arron Michael Lewis. (kdr) (Entered: 08/25/2015)
08/25/2015 40 REPLY to Response to Motion re 37 MOTION for Preliminary Injunction and/or MOTION for Temporary Restraining Order filed by Arron Michael Lewis. (kdr) (Entered: 08/25/2015)
08/25/2015 41 RESPONSE in Opposition re 39 MOTION to Strike MOTION for Sanctions filed by Steve Outlaw. (Schubert, Amber) (Entered: 08/25/2015)
09/03/2015 42 ORDER denying 33 Motion to Compel. Signed by Magistrate Judge Beth Deere on 9/. (ks) (Entered: 09/03/2015)
09/03/2015 43 ORDER denying 39 Motion to Strike and Motion for Sanctions. Signed by Magistrate Judge Beth Deere on 9/3/2015. (csf) (Entered: 09/03/2015)
09/11/2015 44 RECOMMENDED DISPOSITION recommending that the 26 motion for summary judgment be granted, plaintiff's first amendment claim against Defendant Outlaw be dismissed with prejudice, and plaintiff's 37 motion for preliminary injunctive relief be denied as moot. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Beth Deere on 9/11/2015. (ks) (Entered: 09/11/2015)
09/22/2015 45 OBJECTION to 44 Recommended Disposition by Arron Michael Lewis. (ljb) (Entered: 09/22/2015)
09/23/2015 46 ORDER ADOPTING 44 Recommended Disposition. Defendant Outlaw's 26 Motion for Summary Judgment is GRANTED. Mr. Lewis's first amendment claim against Defendant Outlaw is DISMISSED, with prejudice. Mr. Lewis's 37 Motion for preliminary injunctive relief is DENIED, as moot. Signed by Judge James M. Moody Jr. on 9/23/2015. (mcz) (Entered: 09/23/2015)
09/23/2015 47 JUDGMENT Consistent with the 46 Order entered this day, this case is hereby DISMISSED. Signed by Judge James M. Moody Jr. on 9/23/2015. (mcz) (Entered: 09/23/2015)
10/02/2015 48 MOTION for Leave to Appeal in forma pauperis, by Arron Michael Lewis. (mcz) (Entered: 10/02/2015)
10/02/2015 49 NOTICE OF APPEAL as to 46 Order and 47 Judgment, filed by Arron Michael Lewis. (mcz) (Entered: 10/02/2015)
10/06/2015 50 ORDER granting 48 Motion for Leave to Appeal in forma pauperis. Signed by Judge James M. Moody Jr. on 10/6/2015. (fcd) (Entered: 10/06/2015)
10/06/2015 51 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to Arron Michael Lewis re 49 Notice of Appeal, 46 Order Adopting Report and Recommendations, 47 Judgment. (fcd) (Entered: 10/06/2015)
