Davis v. Lay et al
| Nicholas J Davis |
| Gaylon Lay, Kenyon Randall, Emmer Branch, James Dycus, Jeffery Dean and Randy Shores |
| 2:2022cv00089 |
| May 20, 2022 |
| US District Court for the Eastern District of Arkansas |
| James M Moody |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
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Filing 6
ORDER adopting, in its entirety, #5 Partial Recommended Disposition as this Court's findings in all respects; allowing Plaintiff to proceed with his Eighth Amendment excessive force claim against Defendants Lay, Randall, Branch, Dycus, Dean, and Shores; dismissing, without prejudice, all other claims in the Complaint for failing to state a claim upon which relief may be granted; and certifying an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 07/18/2022. (llg)
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Filing 5
PARTIAL RECOMMENDED DISPOSITION that Plaintiff be allowed to proceed with his Eighth Amendment excessive force claim against Defendants Lay, Randall, Branch, Dycus, Dean, and Shores. All other claims be dismissed without prejudice for failing to state a claim upon which relief may be granted. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting this recommendation would not be taken in good faith. Objections due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 6/28/2022. (lej)
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Filing 4
ORDER that the Clerk shall prepare summons and the USM serve Defendants Lay, Randall, Branch, Dycus, Dean and Shores without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 6/28/2022. (lej)
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Summons Issued as to All Defendants and forwarded to the U.S. Marshal for service. (jbh)
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Filing 3
ORDER granting #1 IFP Application; 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 Warden of the East Arkansas Regional Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office; 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, label it an "Amended Complaint," and file it within 30 days of the date of this Order, if Plaintiff wishes to amend the Complaint. Signed by Magistrate Judge Joe J. Volpe on 5/25/2022. (jbh)
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Filing 2
COMPLAINT with Jury Demand against All Defendants, filed by Nicholas J Davis. (ldb)
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Filing 1
MOTION for Leave to Proceed in forma pauperis by Nicholas J Davis. (ldb)
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