Terry v. Dycus et al
| Jarell D Terry |
| Carrie Granville, Seal, William Straughn, Danny Norment, Morieno Kelly, Shemika Lashelle Brown, Raymond Naylor, James Dycus, Brenda Perry, Franklin Graham and M Barnett |
| 2:2021cv00030 |
| March 29, 2021 |
| US District Court for the Eastern District of Arkansas |
| James M Moody |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on April 26, 2022. A more recent docket listing may be available from PACER.
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| Filing 27 NOTICE OF DOCKET CORRECTION re #25 Reply. CORRECTION: The original document was attached to the docket in error (wrong image file) due to a clerical mistake by the Clerk's office. The correct document was added as an attachment to #25 docket entry and is attached hereto for service/review by the parties. (cmn) |
| Filing 26 MOTION for Emergency Order by Jarell D Terry. (llg) |
| Filing 25 REPLY to #20 Answer by Jarell D Terry. (llg) (Additional attachment(s) added on 5/27/2021: #1 Main Document - Correct) (cmn). |
| NOTICE OF DOCKET CORRECTION re #23 Order. CORRECTION: The docket text was modified to include the text "the individual capacity claims against Defendants Norment, Graham, Kelly, Dycus, and Naylor survive" as marked on the Order.(jak) |
| Filing 24 OBJECTION to #12 Report and Recommendations by Jarell D Terry. (kdr) |
Filing 23
ORDER approving and adopting #12 Proposed Findings and Recommended Disposition in its entirety as this Court's findings in all respects; dismissing without prejudice Plaintiff's official capacity damages claims for failure to state a claim on which relief may be granted; dismissing without prejudice Plaintiff's retaliation claims for failure to state a claim on which relief may be granted; dismissing without prejudice Plaintiff's deprivation of personal property claims for failure to state a claim on which relief may be granted; dismissing without prejudice Plaintiff's claims against Defendant Straughn for failure to state a claim on which relief may be granted; dismissing without prejudice Plaintiff's due process claims against Defendant Perry for failure to state a claim on which relief may be granted; dismissing without prejudice Plaintiff's claims against Defendant Granville for failure to state a claim on which relief may be granted; dismissing without prejudice Plaintiff's failure to protect and failure to intervene claims against Defendants Seal and Brown for failure to state a claim on which relief may be granted and as not properly joined; dismissing Defendants Straughn, Perry, Granville, Seal, and Brown from this action; the individual capacity claims against Defendants Norment, Graham, Kelly, Dycus, and Naylor survive; and certifying that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. Signed by Judge James M. Moody Jr. on 05/11/2021. (ajt) (Docket text modified on 5/13/2021 to correct the description of the document filed) (jak)
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Filing 22
INITIAL SCHEDULING ORDER: Discovery due by 11/10/2021. Dispositive motions due by 12/10/2021. Dispositive motions on the issue of exhaustion due by 7/12/2021. Signed by Magistrate Judge Joe J. Volpe on 5/10/2021. (lej)
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| Filing 21 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
| Filing 20 ANSWER to #8 Amended Complaint, #2 Complaint with Jury Demand , ANSWER to #8 Amended Complaint, #2 Complaint with Jury Demand by James Dycus, Franklin Graham, Morieno Kelly, Raymond Naylor, Danny Norment.(Land, Amanda) |
| Filing 19 NOTICE of Appearance by Amanda Denise Land on behalf of James Dycus, Franklin Graham, Morieno Kelly, Raymond Naylor, Danny Norment (Land, Amanda) |
| Filing 18 SUMMONS Returned Executed. James Dycus served on 4/16/2021. (llg) |
| Filing 17 SUMMONS Returned Executed. Franklin Graham served on 4/16/2021. (llg) |
| Filing 16 SUMMONS Returned Executed. Morieno Kelly served on 4/16/2021. (llg) |
| Filing 15 SUMMONS Returned Executed. Danny Norment served on 4/16/2021. (llg) |
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Filing 14
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to compel #9 . When counsel enters an appearance, Plaintiff shall make his request to counsel at that time. Signed by Magistrate Judge Joe J. Volpe on 4/22/2021. (lej)
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Filing 13
ORDER directing the Clerk of the Court to prepare Summons for Defendant Naylor; and directing the U.S. Marshal to serve a copy of the #8 Amended Complaint, Summons, and this Order on Defendant Naylor without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 4/22/2021. (jbh)
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Filing 12
AMENDED PROPOSED FINDINGS AND RECOMMENDATIONS recommending Plaintiff's official capacity damages claims be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's retaliation claims be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's deprivation of personal property claims be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's claims against Defendant Straughn be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's due process claims against Defendant Perry be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's claims against Defendant Granville be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's failure to protect and failure to intervene claims against Defendants Seal and Brown be dismissed without prejudice for failure to state a claim on which relief may be granted and as not properly joined; recommending Defendants Straughn, Perry, Granville, Seal, and Brown be dismissed from this action; and recommending the Court certify that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. Objections due no later than 14 days from the date of the findings andrecommendations. Signed by Magistrate Judge Joe J. Volpe on 4/22/2021. (jbh)
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| Summons Issued as to Raymond Naylor and forwarded to the U.S. Marshal for service. (jbh) |
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Filing 11
ORDER: On 4/21/2021, Plaintiff filed an #8 Amended Complaint. Accordingly, I withdraw my current #3 partial Recommendation and will prepare an Amended Recommendation taking Plaintiff's Amended Complaint into account. Signed by Magistrate Judge Joe J. Volpe on 4/21/2021. (jbh)
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| Filing 10 OBJECTION to #3 Proposed Findings and Recommendations by Jarell D Terry. (ljb) |
| Filing 9 MOTION to Compel by Jarell D Terry. (ljb) |
| Filing 8 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Jarell D Terry. (ljb) |
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Filing 7
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to extend time #6 . Signed by Magistrate Judge Joe J. Volpe on 4/20/2021. (lej)
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| Filing 6 MOTION to Extend Time by Jarell D Terry. (ljb) |
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Filing 5
ORDER granting #1 Application to Proceed Without Prepayment of Fees and Affidavit; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; and directing the Clerk of the Court to send a copy of this Order to the Warden of the East Arkansas Regional Unit, ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office. Signed by Magistrate Judge Joe J. Volpe on 4/6/2021. (jbh)
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Filing 4
ORDER directing the Clerk of the Court to prepare Summons for Defendants Norment, Graham, Kelly, and Dycus; and directing the U.S. Marshal to serve a copy of the #2 Complaint, Summons, and this Order on each of them without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 4/5/2021. (jbh)
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Filing 3
PROPOSED FINDINGS AND RECOMMENDATIONS recommending Plaintiff's official capacity damages claims be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's retaliation claims be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's deprivation of personal property claims be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's claims against Defendant Naylor be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's corrective inaction claim against Defendant Straughn be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's due process claims against Defendant Perry be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's claims against Defendant Granville be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Plaintiff's failure to protect and failure to intervene claims against Defendants Seal and Brown be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Defendants Naylor, Straughn, Perry, Granville, Seal, and Brown be dismissed from this action; and recommending the Court certify that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. Objections due no later than fourteen days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 4/5/2021. (jbh)
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| Summons Issued as to James Dycus, Franklin Graham, Morieno Kelly, Danny Norment and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 2 COMPLAINT against All Defendants, filed by Jarell D Terry.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Jarell D Terry. (kdr) |
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