Schuldheisz v. Arkansas, State of et al
| Vern Schuldheisz |
| Mark Counts, Serena Martin, Arkansas Supreme Court, Ryan Cooper, Joe Grider, III, Arkansas, State of, Harold Erwin, Michelle Huff, Henry Boyce and Steven Davis |
| 3:2020cv00206 |
| July 22, 2020 |
| 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 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 25, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 STATEMENT of Necessity by Vern Schuldheisz. (kdr) |
| Filing 10 OBJECTIONS to #8 Report and Recommendations by Vern Schuldheisz. (kdr) |
Filing 9
ORDER that the Clerk prepare summons and the USM serve Defendant Mark Counts 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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Filing 8
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff be allowed to proceed with his retaliation claim against Sheriff Counts. Plaintiff's retaliation claims against Defendants Huff, Erwin, Grider, and Cooper be dismissed with prejudice because they are entitled to absolute immunity. All claims against the State of Arkansas and the Arkansas Supreme Court be dismissed with prejudice because they are not proper parties to this lawsuit. All other claims be dismissed without prejudice for failing to state a claim upon which relief may be granted. Defendants Martin, Boyce, and Davis be dismissed without prejudice because Plaintiff has not pled any plausible claims against them. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), 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 and recommendations. Signed by Magistrate Judge Joe J. Volpe on 9/3/2020. (lej)
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| Summons Issued as to Mark Counts and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 7 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Vern Schuldheisz.(kdr) |
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Filing 6
ORDER granting #5 IFP Application. Plaintiff's present custodian is directed to collect the filing fee from plaintiff's institutional account and forward monthly payments to the Clerk of Court until a total of $350 has been paid. The Clerk is directed to send a copy of this Order to the Jail Administrator, Sharp County Detention Center. Service is not appropriate at this time. The Clerk shall mail plaintiff a 1983 complaint form and plaintiff is directed to file it within 30 days of the date of this Order. Signed by Magistrate Judge Joe J. Volpe on 8/17/2020. (jak)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by Vern Schuldheisz. (kdr) |
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Filing 4
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to clarify #3 . Pursuant to the Court's procedure handling multi-plaintiff prisoner litigation, the cases were severed. Signed by Magistrate Judge Joe J. Volpe on 7/29/2020. (lej)
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| Filing 3 MOTION for Clarification by Vern Schuldheisz. (kdr) |
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Filing 2
ORDER that Plaintiff must submit either the $400 filing fee or a complete Application to Proceed Without Prepayment of Fees and Affidavit within 30 days of the date of this order. Failure to do one or the other will result in the dismissal of this case without prejudice. The Clerk is directed to send Plaintiff an Application to Proceed Without Prepayment of Fees and Affidavit along with a copy of this order. Signed by Magistrate Judge Joe J. Volpe on 7/27/2020. (lej)
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| Filing 1 COMPLAINT with Jury Demand against All Defendants, filed by Vern Schuldheisz.(kdr) |
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