Nichols v. Kerstein et al
Plaintiff: Billy Mack Nichols, Jr
Defendant: Childress, Gary R Kerstein and Arkansas Department of Correction
Case Number: 2:2019cv00149
Filed: November 27, 2019
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: James M Moody
Referring Judge: J Thomas Ray
Nature of Suit: Prison Condition: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 21, 2020 Filing 22 JUDICIAL NOTICE by Billy Mack Nichols, Jr. (kdr)
January 14, 2020 Filing 21 AFFIDAVIT of Protocol by Billy Mack Nichols, Jr. (llg)
January 13, 2020 Filing 20 MOTION to Amend/Correct #16 Motion to #2 Amend Complaint by Billy Mack Nichols, Jr. (kdr)
January 13, 2020 Filing 19 JUDICIAL NOTICE by Billy Mack Nichols, Jr. (kdr)
January 13, 2020 Filing 18 JUDICIAL NOTICE by Billy Mack Nichols, Jr. (llg)
January 6, 2020 Filing 17 MOTION to Correct #8 MOTION to Supplement/Amend #2 Complaint by Billy Mack Nichols, Jr. (llg)
January 3, 2020 Filing 16 MOTION to Amend #2 Complaint by Billy Mack Nichols, Jr. (llg)
January 2, 2020 Filing 15 AFFIDAVIT by Billy Mack Nichols, Jr. (llg)
January 2, 2020 Filing 14 JUDICIAL NOTICE to the Court by Billy Mack Nichols, Jr. (llg)
January 2, 2020 Opinion or Order Filing 13 ORDER approving and adopting in its entirety #5 Recommendation as this Court's findings in all respects; dismissing, with prejudice, the Arkansas Department of Correction Medical Division as a defendant in this action; denying Nichols's request for an ex parte temporary restraining order; directing Defendants to address his request for preliminary injunctive relief; directing the Clerk to prepare a summons for Dr. Gary R. Kerstein and Nurse Childress and the United States Marshal to serve the summons, #2 Complaint, #3 Brief in Support, and this Order without prepayment of fees and costs or security therefor; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 1/2/2020. (ljb)
January 2, 2020 Summons Issued as to Childress, Gary R Kerstein. And forwarded to USMS for service. (ajt)
December 30, 2019 Filing 12 JUDICIAL NOTICE to the Court by Billy Mack Nichols, Jr. (llg)
December 30, 2019 Filing 11 STATEMENT OF NECESSITY filed by Billy Mack Nichols, Jr. (llg)
December 30, 2019 Filing 10 MOTION for Evidentiary Hearing and/or for Polygraph Examination by Billy Mack Nichols, Jr. (llg)
December 26, 2019 Filing 9 SUPPLEMENT to #8 Motion to Supplement/Amend filed by Billy Mack Nichols, Jr. (llg)
December 24, 2019 Filing 8 MOTION to Supplement/Amend #2 Complaint by Billy Mack Nichols, Jr. (llg)
December 23, 2019 Filing 7 NOTICE OF DOCKET CORRECTION re: #6 Notice. CORRECTION: The original document was attached to the docket in error (no case number) due to a clerical mistake by the Clerk's office. The correct document was added as an attachment to docket entry #6 and is attached hereto for review by the parties. (thd)
December 23, 2019 Filing 6 NOTICE of No Objection to the Court re #5 PARTIAL RECOMMENDED DISPOSITION by Billy Mack Nichols, Jr. (llg) (Additional attachment(s) added on 12/23/2019: #1 Main Document - Correct) (thd).
December 13, 2019 Opinion or Order Filing 5 PARTIAL RECOMMENDED DISPOSITION recommending Nichols be allowed to proceed with his inadequate medical care claims against Dr. Gary R. Kerstein and Nurse Childress; service of #2 Nichols's Complaint and #3 Brief in Support be ordered on Dr. Kerstein and Childress; Nichols's claim against the Arkansas Department of Correction Medical Division be dismissed with prejudice; Nichols's embedded request for an ex parte temporary restraining order be denied, and Defendants be directed to address his request for preliminary injunctive relief; and the Court certify that an in forma pauperis appeal from an Order adopting this Recommendation would not be taken in good faith. Objections due witin 14 days of the date of this Recommendation. Signed by Magistrate Judge J. Thomas Ray on 12/13/2019. (ajt)
December 12, 2019 Opinion or Order Filing 4 INITIAL ORDER FOR PRO SE PRISONERS granting #1 Motion for Leave to Proceed in forma pauperis; directing plaintiff's custodian to collect monthly payments equal to 20% of the preceding month's income in his institutional account each time the amount in that account is greater than $10.00; directing the Clerk to send a copy of this Order to the Warden of the East Arkansas Regional Maximum Security Unit, ADC Trust Fund Centralized Bank Office and the ADC Compliance Office. Signed by Magistrate Judge J. Thomas Ray on 12/12/19. (tjb)
November 27, 2019 Filing 3 BRIEF IN SUPPORT re #2 Complaint filed by Billy Mack Nichols, Jr. (kdr)
November 27, 2019 Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Billy Mack Nichols, Jr.(kdr)
November 27, 2019 Filing 1 MOTION for Leave to Proceed in forma pauperis by Billy Mack Nichols, Jr. (kdr)

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Defendant: Childress
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Defendant: Gary R Kerstein
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Defendant: Arkansas Department of Correction
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Plaintiff: Billy Mack Nichols, Jr
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