Pitts v. Bennett et al
Plaintiff: Kenneth Ray Pitts
Defendant: Tracy Bennett, Gary Kerstin, G Davis, Rory Griffin, River and Gary Kerstein
Case Number: 2:2022cv00044
Filed: March 17, 2022
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Jerome T Kearney
Referring Judge: James M Moody
Nature of Suit: Prison Condition: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 14, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2022 Opinion or Order Filing 29 SUMMONS Returned Executed. Gary Kerstein served on 4/14/2022. (fjg)
April 27, 2022 Opinion or Order Filing 28 ORDER denying #24 Plaintiff's Motion for Answers and Replies for Objection; and denying #25 Motion for Demand for Trial. Signed by Magistrate Judge Jerome T. Kearney on 04/27/2022. (lmc)
April 27, 2022 Opinion or Order Filing 27 PROPOSED FINDINGS AND RECOMMENDATIONS recommending #22 Plaintiff's Motion for Preliminary Injunction be DENIED without prejudice. Objections are to be received by the Clerk of this Court within 14 days of this Recommendation. Signed by Magistrate Judge Jerome T. Kearney on 04/27/2022. (lmc)
April 25, 2022 Opinion or Order Filing 26 INTERROGATORIES by Kenneth Ray Pitts.(kdr)
April 25, 2022 Opinion or Order Filing 25 MOTION for Demand for Trial by Kenneth Ray Pitts. (kdr)
April 25, 2022 Opinion or Order Filing 24 MOTION for Answers and Replies for Objection by Kenneth Ray Pitts. (kdr)
April 22, 2022 Opinion or Order Filing 23 NOTICE OF DOCKET CORRECTION re #22 MOTION for Preliminary Injunction. CORRECTION: The original document was submitted in error (missing case number) due to a clerical mistake by the Clerk's office. The correct document has been added to #22 and hereto for service/review by the parties. (kbc)
April 21, 2022 Opinion or Order Filing 22 MOTION for Preliminary Injunction and Restraining Order by Kenneth Ray Pitts. (ldb) Additional attachment added on 4/22/2022: #1 Main Document - Correct. (kbc)
April 18, 2022 Opinion or Order Filing 21 INITIAL SCHEDULING ORDER: The parties shall complete discovery on or before 10/17/ 2022 and file any dispositive motions on or before 11/16/2022. A Motion based on failure to exhaust must be filed by 06/15/2022. Signed by Magistrate Judge Jerome T. Kearney on 4/18/2022. (lmc)
April 18, 2022 Opinion or Order Filing 20 ORDER directing the Clerk of the Court to change the style of the case to reflect the correct names of Defendant Gary Kerstein. Signed by Magistrate Judge Jerome T. Kearney on 4/18/2022. (ldb)
April 18, 2022 Opinion or Order Filing 19 NOTICE by Kenneth Ray Pitts. (llg)
April 18, 2022 Opinion or Order Filing 18 OBJECTION to #4 Proposed Findings and Recommendations by Kenneth Ray Pitts. (llg)
April 18, 2022 Opinion or Order Filing 17 OBJECTION for Findings and Conclusions by the Court re #13 Order. (llg)
April 14, 2022 Opinion or Order Filing 16 ANSWER to #2 Complaint and Supplement to Complaint #12 by Gary Kerstin.(Eubanks, Brent)
April 14, 2022 Opinion or Order Filing 15 NOTICE of Appearance by Brent Jay Eubanks on behalf of Gary Kerstin (Eubanks, Brent)
April 7, 2022 Opinion or Order Filing 14 OBJECTION to #4 Proposed Findings and Recommendations by Kenneth Ray Pitts. (ldb)
April 6, 2022 Opinion or Order Filing 13 ORDER approving and adopting, in its entirety, #4 Proposed Findings and Recommendations; dismissing, without prejudice, Plaintiff's official-capacity claims for failure to state a claim on which relief may be granted; dismissing Plaintiff's time-barred claims; dismissing Plaintiff's extra blanket, double cuff, medical shoes, aspirin, skin cream, pancreas medication, Loratadine, and hernia claims for failing to meet the imminent danger exception; directing Plaintff to first pay the $402 administrative and filing fee if he wishes to proceed with these claims; dismissing, without prejudice, Plaintiff's claims against Defendants Griffin, Davis, River, and Bennett; and certifying an in forma pauperis appeal taken from any Order adopting this recommendation is considered frivolous and not in good faith. Signed by Judge James M. Moody Jr. on 04/06/2022. (llg)
April 6, 2022 Opinion or Order Filing 12 SUPPLEMENT to #2 Complaint by Kenneth Ray Pitts. (ldb)
April 4, 2022 Opinion or Order Filing 11 OBJECTION to #4 Proposed Findings and Recommendations by Kenneth Ray Pitts. (ldb)
April 4, 2022 Opinion or Order Filing 10 OBJECTION to #4 Proposed Findings and Recommendations by Kenneth Ray Pitts. (ldb)
April 4, 2022 Opinion or Order Filing 9 OBJECTION to #4 Proposed Findings and Recommendations by Kenneth Ray Pitts. (ldb)
April 4, 2022 Opinion or Order Filing 8 OBJECTION to #4 Proposed Findings and Recommendations by Kenneth Ray Pitts. (ldb)
April 4, 2022 Opinion or Order Filing 7 OBJECTION to #4 Proposed Findings and Recommendations by Kenneth Ray Pitts. (ldb)
March 29, 2022 Opinion or Order Filing 6 ORDER directing the Clerk to prepare summons for Defendant Kerstein; and directing the U.S. Marshal to serve a copy of #2 Complaint and summons on Defendant Kerstein without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Jerome T. Kearney on 3/29/2022. (ldb)
March 29, 2022 Opinion or Order Summons Issued as to Gary Kerstin and forwarded to U.S. Marshal for service. (ldb)
March 22, 2022 Opinion or Order Filing 5 ORDER granting #1 Motion to Proceed in forma pauperis; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; and directing the Clerk of the Court to forward a copy of this Order to the Warden of the East Arkansas Regional Unit of the Arkansas Division of Correction, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office. Signed by Magistrate Judge Jerome T. Kearney on 3/22/2022. (ldb)
March 22, 2022 Opinion or Order Filing 4 PROPOSED FINDINGS AND RECOMMENDATIONS recommending Plaintiff's official-capacity claims be DISMISSED without prejudice for failure to state a claim on which relief may be granted. Plaintiff's time-barred claims be DISMISSED;Plaintiff's extra blanket, double cuff, medical shoes, aspirin, skin cream, pancreas medication, Loratidine, and hernia claims be DISMISSED for failing to meet the imminent danger exception. If Plaintiff's wishes to proceed with these claims, he must first pay the $402 administrative and filing fee, and #2 Plaintiff's claims against Defendants Griffin, Davis, River, and Bennett be DISMISSED without prejudice. The Court certifies that an in forma pauperis appeal taken from any adopting this recommendation is considered frivolous and not in good faith. Objections are due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Jerome T. Kearney on 03/22/2022. (lmc)
March 22, 2022 Opinion or Order Filing 3 INITIAL ORDER FOR PRO SE PRISONERS. Signed by Magistrate Judge Jerome T. Kearney on 03/22/2022. (lmc)
March 17, 2022 Opinion or Order Filing 2 COMPLAINT against All Defendants filed by Kenneth Ray Pitts. (llg)
March 17, 2022 Opinion or Order Filing 1 MOTION for Leave to Proceed in forma pauperis by Kenneth Ray Pitts. (llg)

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Plaintiff: Kenneth Ray Pitts
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Defendant: Tracy Bennett
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Defendant: Gary Kerstin
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Defendant: G Davis
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Defendant: Rory Griffin
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Defendant: River
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Defendant: Gary Kerstein
Represented By: Brent Jay Eubanks
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