Everett v. Cantrall et al
| Christopher Everett |
| Dexter Payne, Cantrall, Vickey Haycox, Terrie Banister, Doe, Keith Waddle, Nurzuhul Faust and Justin Peters |
| 3:2020cv00176 |
| June 26, 2020 |
| US District Court for the Eastern District of Arkansas |
| Jerome T Kearney |
| D P Marshall |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 2, 2021. A more recent docket listing may be available from PACER.
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| Filing 11 NOTICE OF DOCKET CORRECTION re #10 Order. 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 #10 and is attached hereto for service on the parties. (jak) |
Filing 10
ORDER directing the Clerk of the Court to prepare summons for Defendants Cantrall, Justin Peters, Nurzuhul Faust, Dexter Payne, Vickey Haycox, and Keith Waddle; and directing the United States Marshal to serve a copy of #8 Amended Complaint and summons on Defendants, without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Jerome T. Kearney on 08/19/2020. (ajt) (Additional attachment(s) added on 8/19/2020: #1 Main Document - Correct) (jak).
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| Filing 9 PROPOSED FINDINGS AND RECOMMENDATIONS recommending #5 Defendant Terrie Banister be DISMISSED, for failure to state a claim upon which relief may be granted. Objections are due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Jerome T. Kearney on 08/19/2020. (lmc) |
| Summons Issued as to Cantrall, Nurzuhul Faust, Vickey Haycox, Dexter Payne, Justin Peters, Keith Waddle and forwarded to USMS for service. (ajt) |
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Filing 8
ORDER partly adopting the #6 Recommendation and partly sustaining #7 Objections. Everett claims that Defendants denied him procedural due process by forging a waiver form and excluding him from his disciplinary proceeding. The Court agrees that Everett can't pursue compensatory damages or expungement for this alleged due process violation. Those types of relief both necessarily suggest that Everett was harmed because the result of Everett's disciplinary proceeding was invalid. Those claims are therefore dismissed without prejudice. Construing Everett's complaint liberally, he may therefore proceed with his due process claim for those limited forms of relief. The Court returns the case to the Magistrate Judge for further proceedings. Signed by Chief Judge D. P. Marshall Jr. on 8/17/2020. (jak)
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| Filing 7 OBJECTION to #6 Proposed Findings and Recommendations by Christopher Everett. (llg) |
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Filing 6
PROPOSED FINDINGS AND RECOMMENDATIONS recommending #5 Plaintiff's Amended Complaint be DISMISSED without prejudice to his right to reassert his claim should his disciplinary be invalidated by a state tribunal or federal court. Dismissal of this action constitute a "strike" within the meaning of the PrisonLitigation Reform Act. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken 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 07/20/2020. (lmc)
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| Filing 5 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Christopher Everett. (ljb) |
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Filing 4
INITIAL ORDER FOR PRO SE PRISONERS. Signed by Magistrate Judge Jerome T. Kearney on 7/1/2020. (jak)
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Filing 3
ORDER granting #1 Motion to proceed in forma pauperis. Plaintiff is obligated to pay the statutory filing fee of $350 for this action. Plaintiff's present custodian is directed to collect monthly payments from his prison trust account and forward them to the Clerk of the Court until the total $350 is paid in full. Plaintiff shall file an amended complaint within 30 days from the date of this Order. The Clerk shall mail Plaintiff the Court-provided 1983 complaint form. The clerk of Court is directed to send a copy of this Order to the ADC Compliance Office, the ADC Trust Fund Centralized Banking Office, and the Warden of the North Central Unit. Signed by Magistrate Judge Jerome T. Kearney on 7/1/2020. (jak)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Christopher Everett. (ljb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Christopher Everett. (ljb) |
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