Gardner v. Page et al
Plaintiff: Michael Valentine Gardner
Defendant: Dexter Payne, Joshua Jones, Rory L Griffin, Kenny Davis, Dallan Brownfield, Joe Page, III, Kenny Cantrell and Lewis H Young
Case Number: 3:2021cv00116
Filed: June 22, 2021
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: James M Moody
Referring Judge: Joe J Volpe
Nature of Suit: Prison Condition: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2021 Opinion or Order Filing 19 ORDER of USCA as to 14 Notice of Appeal filed by Michael Valentine Gardner: The Clerk of the district court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER. (ajt)
August 17, 2021 Opinion or Order Filing 18 ORDER of USCA as to 14 Notice of Appeal filed by Michael Valentine Gardner: The $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to pay the fee in the district court or file a motion to proceed in forma pauperis in this court within 28 days of this order. (ajt)
August 17, 2021 Filing 17 USCA Docketing Letter as to 14 Notice of Appeal filed by Michael Valentine Gardner. USCA Case Number 21-2835. (ajt)
August 17, 2021 Filing 16 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 14 Notice of Appeal re #10 Order and #11 Judgment. (ajt)
August 17, 2021 Opinion or Order Filing 15 ORDER denying #13 Motion to Proceed In Forma Pauperis on Appeal; directing Plaintiff, within 30 days of the date of this Order, to either (a) pay to this Court the $505 appellate filing and docketing fees; or (b) file with the United States Court of Appeals for the Eighth Circuit a Motion to Proceed In Forma Pauperis with an attached calculation sheet; and directing Plaintiff to file any future documents or pleadings related to his appeal with the United States Court of Appeals for the Eighth Circuit. Signed by Magistrate Judge Joe J. Volpe on 08/17/2021. (ajt)
August 12, 2021 Filing 14 NOTICE OF APPEAL as to #10 Order and #11 Judgment by Michael Valentine Gardner. (No separate document attached, see docket entry #13 .) (ajt)
August 12, 2021 Filing 13 MOTION for Leave to Appeal in forma pauperis by Michael Valentine Gardner. (ajt)
August 3, 2021 Filing 12 APPELLATE FILING FEE NOTICE to Plaintiff. (ajt)
August 3, 2021 Opinion or Order Filing 11 JUDGMENT: Pursuant to #10 order filed this date, judgment is entered dismissing this case with prejudice; the relief sought is denied. The Court certifies that an in forma pauperis appeal is considered frivolous and not in good faith. Signed by Judge James M. Moody Jr. on 08/03/2021. (ajt)
August 3, 2021 Opinion or Order Filing 10 ORDER approving and adopting #6 Proposed Findings and Recommended Disposition in its entirety as this Court's findings in all respects; dismissing without prejudice #2 Complaint for failure to state a claim upon which relief may be granted; finding as moot #7 Plaintiff's Application to Proceed in forma pauperis; denying #8 Motion for Leave to Proceed in forma pauperis pursuant to amended complaint; counting this dismissal as a "strike"; and certifying an in forma pauperis appeal from any Order adopting these recommendations and the accompanying Judgment would not be taken in good faith. Signed by Judge James M. Moody Jr. on 08/03/2021. (ajt)
July 19, 2021 Filing 9 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Michael Valentine Gardner.(kdr)
July 19, 2021 Filing 8 MOTION for Leave to Proceed in forma pauperis by Michael Valentine Gardner. (kdr)
July 19, 2021 Filing 7 MOTION for Leave to Proceed in forma pauperis by Michael Valentine Gardner. (kdr)
July 8, 2021 Opinion or Order Filing 6 PROPOSED FINDINGS AND RECOMMENDATIONS that the amended complaint be dismissed without prejudice for failing to state a claim upon which relief may be granted #5 . Dismissal count as a "strike" for purposes of 28 U.S.C. 1915(g). The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from any order adopting these recommendations and the accompanying judgment would not be taken in good faith. Objections due no later than 14 days from the date of the recommendation. Signed by Magistrate Judge Joe J. Volpe on 7/8/2021. (lej)
June 29, 2021 Filing 5 AMENDED COMPLAINT against All Defendants filed by Michael Valentine Gardner. (llg)
June 24, 2021 Opinion or Order Filing 4 ORDER granting Plaintiff's first IFP Application, and his second IFP Application is denied as moot #1 #2 . The Clerk shall mail a copy of this order to the Grimes Unit Warden, ADC Trust Fund, and ADC Compliance Office. Service is not appropriate at this time. The Clerk shall mail a 42 U.S.C. 1983 complaint form to Plaintiff with a copy of this order. If Plaintiff wishes to amend the complaint, he may complete the new complaint form in its entirety in accordance with this order, mark it as "Amended Complaint," and file it within 30 days of the date of this order. Plaintiff's complaint, as it now stands, is deficient and may be dismissed after 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 6/24/2021.(lej)
June 22, 2021 Filing 3 COMPLAINT with Jury Demand against All Defendants, filed by Michael Valentine Gardner.(kdr)
June 22, 2021 Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael Valentine Gardner. (kdr)
June 22, 2021 Filing 1 MOTION for Leave to Proceed in forma pauperis by Michael Valentine Gardner. (kdr)

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Defendant: Dexter Payne
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Defendant: Joshua Jones
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Defendant: Rory L Griffin
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Defendant: Kenny Davis
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Defendant: Dallan Brownfield
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Defendant: Joe Page, III
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Defendant: Kenny Cantrell
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Defendant: Lewis H Young
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Plaintiff: Michael Valentine Gardner
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