Gater v. Carvajal et al
| Jerry L Gater |
| Micael D Carvajal, Dewayne Hendrix, Brister, Chambers, McAlliste, Williams, USA and Hanks |
| 2:2020cv00146 |
| July 15, 2020 |
| US District Court for the Eastern District of Arkansas |
| Brian S Miller |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 15 NOTICE OF DOCKET CORRECTION re #14 Proposed Findings and Recommendations. CORRECTION: The original document was attached in error (wrong image file) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #14 and is attached hereto for service on the parties. The docket text was also modified to indicate an in forma pauperis appeal from an Order adopting these recommendations would not be taken in good faith. (jak) |
Filing 14
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff be allowed to proceed with his retaliation and failure to protect claims against Defendant Brister. All other claims in the amended complaint be dismissed without prejudice for failing to state a claim upon which relief may be granted. Defendants Carvajal, Hendrix, Hanks, Chambers, McAlliste, and Williams be dismissed without prejudice because Plaintiff has not pled a plausible claim against them. Defendant USA be dismissed with prejudice because it is not a proper party. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting these recommendations would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 9/3/2020. (lej) (Additional attachment(s) added on 9/3/2020: #1 Main Document - Correct) (jak).
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Filing 13
ORDER that the Clerk prepare summons and the USM serve Defendant Brister, the U.S. Attorney for this district, and the U.S. Attorney General without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 9/3/2020. (lej)
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| Summons Issued as to Brister, U.S. Attorney and U.S. Attorney General and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 12 ADDENDUM to #11 Amended Complaint filed by Jerry L Gater. (ljb) |
| Filing 11 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Jerry L Gater. (llg) |
| Filing 10 NOTICE of Filing of Calculation Sheet by Jerry L Gater. (kdr) |
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Filing 9
ORDER granting #4 , #8 Plaintiff's IFP Applications; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk to mail a copy of this Order to the FCI-FC Low Warden; directing the Clerk to mail a 42 U.S.C. 1983 complaint form to Plaintiff with a copy of this Order; and directing Plaintiff to complete the new complaint form in its entirety in accordance with this Order, mark it as "Amended Complaint," and file it within 30 days of the date of this Order. Signed by Magistrate Judge Joe J. Volpe on 8/17/2020. (jbh)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis by Jerry L Gater. (kdr) |
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Filing 7
ORDER directing the Clerk to mail a Calculation Sheet and a stamped return address envelope to the Warden of the FCI-FC Low; and requesting the FCI-FC Low Warden have the Calculation Sheet completed by an authorized prison official and returned to the Court within 30 days of the date of this Order. Signed by Magistrate Judge Joe J. Volpe on 8/7/2020. (jbh)
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Filing 6
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion for copies #5 . The Clerk is directed to mail Plaintiff a docket sheet. Signed by Magistrate Judge Joe J. Volpe on 8/6/2020. (lej)
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| Filing 5 MOTION for Copies by Jerry L Gater. (kdr) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Jerry L Gater. (kdr) |
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Filing 3
ORDER directing the Clerk to mail Plaintiff an IFP Application and a Calculation Sheet; and directing Plaintiff to, within 30 days of the date of this Order, either pay the full $400 filing fee or file a properly completed IFP Application and Calculation Sheet. Signed by Magistrate Judge Joe J. Volpe on 7/22/2020. (jbh)
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| Filing 2 SUPPLEMENT to #1 COMPLAINT against All Defendants, filed by Jerry L Gater.(kdr) |
| Filing 1 COMPLAINT against All Defendants filed by Jerry L Gater. (llg) |
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