Smith v. Bodeker et al
Plaintiff: Dakota Cheyenne Smith
Defendant: Bodeker, S Berg, Brandy Johnson, Roy Griffin, Justin Bodeker and Shelly Berg
Case Number: 3:2022cv00192
Filed: July 25, 2022
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Edie R Ervin
Referring Judge: D P Marshall
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 October 31, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2022 Filing 22 SUMMONS Returned Executed. Shelly Berg c/o of Humphries, Odom & Eubanks served on 9/1/2022. (llg)
September 6, 2022 Opinion or Order Filing 21 ORDER adopting #5 partial recommendation. Smith's deliberate indifference claims against Bodeker and Berg go forward. His claims against Johnson and Griffin are dismissed for failure to state a claim upon which relief may be granted. Johnson and Griffin are therefore dismissed as defendants in this case. Signed by Chief Judge D. P. Marshall Jr. on 9/6/2022. (jak)
September 6, 2022 Filing 20 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (tjb)
September 2, 2022 Opinion or Order Filing 19 ORDER giving Mr. Smith until 9/23/2022 to file a response to #16 Motion for Summary Judgment and a separate statement of disputed facts. Signed by Magistrate Judge Edie R. Ervin on 9/2/2022. (ldb)
September 2, 2022 Filing 18 BRIEF IN SUPPORT re #17 Statement of Facts (Local Rule 56.1), #16 Motion for Summary Judgment for Want of Administrative Exhaustion filed by S Berg, Bodeker. (Eubanks, Brent)
September 2, 2022 Filing 17 STATEMENT OF FACTS (Local Rule 56.1) re #16 Motion for Summary Judgment for Want of Administrative Exhaustion filed by S Berg, Bodeker. (Attachments: #1 Exhibit A ADC Grievance Procedure, #2 Exhibit B Plaintiff's Grievances, #3 Exhibit C Declaration of Shelly Byers)(Eubanks, Brent)
September 2, 2022 Filing 16 MOTION for Summary Judgment for Want of Administrative Exhaustion by S Berg, Bodeker (Eubanks, Brent)
September 1, 2022 Filing 15 ANSWER to #2 Complaint by S Berg.(Eubanks, Brent)
September 1, 2022 Filing 14 NOTICE of Appearance by Brent Jay Eubanks on behalf of S Berg (Eubanks, Brent)
August 26, 2022 Filing 13 SUMMONS Returned Executed. Bodeker served on 8/10/2022. (kth)
August 22, 2022 Opinion or Order Filing 12 ORDER granting #11 Motion for status update. Signed by Magistrate Judge Edie R. Ervin on 8/22/2022. (jak)
August 19, 2022 Filing 11 MOTION for Status Update by Dakota Cheyenne Smith. (ldb)
August 18, 2022 Opinion or Order Filing 10 ORDER directing the Clerk of Court to prepare a summons for Defendant S. Berg; and directing the United States Marshal to serve Defendant Berg with a summons and a copy of #2 complaint (with any attachments), without requiring prepayment of fees and costs or security. Signed by Magistrate Judge Edie R. Ervin on 08/18/2022. (llg)
August 18, 2022 Summons Reissued as to S Berg and forwarded to the United States Marshal for service. (llg)
August 10, 2022 Filing 9 ANSWER to #2 Complaint by Bodeker.(Eubanks, Brent)
August 10, 2022 Filing 8 NOTICE of Appearance by Brent Jay Eubanks on behalf of Bodeker (Eubanks, Brent)
August 9, 2022 Filing 7 Summons Returned Unexecuted as to S Berg. (kth)
July 29, 2022 Opinion or Order Filing 6 ORDER directing the Clerk of Court to prepare a summons for Defendant Bodeker and the U.S. Marshal is directed to serve Bodeker with a summons and copy of the #2 complaint without requiring prepayment of fees and costs or security. Signed by Magistrate Judge Edie R. Ervin on 7/29/2022. (jak)
July 29, 2022 Summons Issued as to Bodeker and forwarded to U.S. Marshal for service. (ldb)
July 28, 2022 Filing 5 PARTIAL RECOMMENDED DISPOSITION recommending that Mr. Smith's claims against Defendants Johnson and Griffin be dismissed, without prejudice, based on his failure to state a plausible claim for relief against them. The Clerk should be instructed to terminate Brandy Johnson and Roy Griffin as party defendants. Objections due 14 days from the date of this recommendation. Signed by Magistrate Judge Edie R. Ervin on 7/28/2022. (jak)
July 28, 2022 Opinion or Order Filing 4 ORDER directing the Clerk of Court to prepare a summons for Defendant S. Berg. The U.S. Marshal is directed to serve Defendant Berg with a summons and a copy of the #2 complaint with any attachments, without requiring prepayment of fees and costs or security. The Court will address service for defendant Bodeker by separate Order. Signed by Magistrate Judge Edie R. Ervin on 7/28/2022. (jak)
July 28, 2022 Summons Issued as to S Berg and forwarded to U.S. Marshal for service. (ldb)
July 26, 2022 Opinion or Order Filing 3 INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS granting #1 motion to proceed IFP. Plaintiff's custodians are directed to collect monthly payments from plaintiff's prison trust account and forward them to the Clerk of Court until the $350 filing fee is paid in full. The Clerk of the Court is directed to send a copy of this Order to the ADC Trust Fund Centralized Banking Office, the ADC Compliance Division, and the Warden of the Grimes Unit. Signed by Magistrate Judge Edie R. Ervin on 7/26/2022. (jak)
July 25, 2022 Filing 2 COMPLAINT against All Defendants filed by Dakota Cheyenne Smith. (llg)
July 25, 2022 Filing 1 MOTION for Leave to Proceed in forma pauperis by Dakota Cheyenne Smith. (llg)

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Plaintiff: Dakota Cheyenne Smith
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Defendant: Bodeker
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Defendant: S Berg
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Defendant: Brandy Johnson
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Defendant: Roy Griffin
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Defendant: Justin Bodeker
Represented By: Brent Jay Eubanks
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Defendant: Shelly Berg
Represented By: Brent Jay Eubanks
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