McCullar v. Elliot
Plaintiff: Nicholas McCullar
Defendant: Edith Elliot
Case Number: 3:2023cv00038
Filed: February 7, 2023
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Patricia S Harris
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 April 19, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 17, 2023 Opinion or Order Filing 6 PROPOSED FINDINGS AND RECOMMENDATION recommending that McCullar's claims be dismissed without prejudice; recommending that dismissal of this action count as a "strike" within the meaning of 28 U.S.C. 1915(g); and recommending that the Court certify that an in forma pauperis appeal from the order adopting this recommendation or the accompanying judgment would not be taken in good faith. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Patricia S. Harris on 3/17/2023. (ldb)
February 27, 2023 Opinion or Order Filing 5 ORDER reconsidering and setting aside a portion of #3 Order denying McCullar's IFP application. Because McCullar has submitted #4 declaration, his application to proceed in forma pauperis #1 is granted. The Court assesses an initial partial filing fee of $28.30. Plaintiff's custodian is directed to send to the Clerk this amount along with future monthly payments from plaintiff's prison trust account until the statutory filing fee of $350 is paid in full. The Clerk of Court is directed to send a copy of this Order to the Sharp County Sheriff, the ADC Trust Fund Centralization Bank Office, and the ADC Compliance Office. Signed by Magistrate Judge Patricia S. Harris on 2/27/2023. (jak)
February 17, 2023 Filing 4 NOTICE of Filing Calculation Sheet and Certificate of Prisoner Accounts by Nicholas McCullar. (ldb)
February 10, 2023 Opinion or Order Filing 3 INITIAL ORDER FOR PRO SE PRISONER PLAINTIFFS denying without prejudice #1 IFP application; directing the Clerk of Court to enclose an IFP application along with a copy of this Order; and directing the Plaintiff to return a completed IFP application, along with a certificate and calculation of initial payment of filing fee, or pay the $402.00 filing and administrative fees within 30 days of the date of this order. Signed by Magistrate Judge Patricia S. Harris on 2/10/2023. (kdr)
February 7, 2023 Filing 2 COMPLAINT against Edith Elliot, filed by Nicholas McCullar.(kdr)
February 7, 2023 Filing 1 MOTION for Leave to Proceed in forma pauperis by Nicholas McCullar. (kdr)

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Plaintiff: Nicholas McCullar
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Defendant: Edith Elliot
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