Kaiser v. Doe et al
| Roy Joe Kaiser |
| Does "Warden" and "Head Mail Clerk", McPherson Unit, ADC, Doe and Nurzuhal Faust |
| 3:2023cv00192 |
| September 18, 2023 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 13 SUMMONS Returned Executed. Nurzuhal Faust served on 10/30/2023. (ajj) |
Filing 12
ORDER adopting #11 Partial Recommended Disposition; granting #10 motion for service, which is more properly characterized as a motion for partial voluntary dismissal; voluntarily dismissing Defendant Doe without prejudice from this lawsuit; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 11/9/2023. (jbh)
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Filing 11
PARTIAL RECOMMENDED DISPOSITION that Plaintiff's motion for service, which is more properly characterized as a motion for partial voluntary dismissal, be granted, and Defendant Doe be voluntarily dismissed without prejudice from this lawsuit #10 . It be certified, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting this recommendation would be frivolous and not taken in good faith. Objections due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 10/11/2023. (lej)
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| Filing 10 MOTION for Service by Roy Joe Kaiser. (wbb) |
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Filing 9
ORDER granting Plaintiff's IFP Applications #2 #5 . The Clerk shall mail a copy of this order to the Benton County Detention Center Jail Administrator. The Clerk shall change the "Doe" Warden to Superintendent Nurzuhal Faust and prepare a summons for her. The USMS shall serve Defendant without prepayment of fees and costs or security therefor. Plaintiff must file a "Motion for Service" containing the information specified in this order within 90 days. Signed by Magistrate Judge Joe J. Volpe on 9/28/2023. (lej)
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| Summons Issued as to Nurzuhal Faust and forwarded to US Marshal for service. (ldb) |
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Filing 8
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 09/18/2023. (llg)
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| Filing 7 Case electronically transferred in from the U.S. District Court, Western District of Arkansas; Case Number 5:23-cv-05143. Electronic file copy of transfer order, case file, and docket sheet received. |
| Filing 6 TEXT ONLY ORDER IMMEDIATELY TRANSFERRING CASE. The Court finds the interests of justice would be best served by transferring this case to the United States District Court for the Eastern District of Arkansas, Northern Division. All actions that are subject to the complaint occurred in Jackson County which is within the Eastern District of Arkansas, Northern Division. The Defendants reside in the Eastern District of Arkansas. Venue would be proper under 28 U.S.C. 1406(a). The Clerk of Court is directed to immediately TRANSFER PLAINTIFFS ENTIRE CASE FILE to the United States District Court for the Eastern District of Arkansas, Northern Division, United States District Court Clerk's Office, 615 South Main Street, Rm. 312, Jonesboro, Arkansas 72401. Signed by Honorable Christy D. Comstock on September 18, 2023. (smg) [Transferred from arwd on 9/18/2023.] |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Roy Joe Kaiser. Motions referred to Christy D. Comstock.(tg) [Transferred from arwd on 9/18/2023.] |
| Filing 4 Magistrate Notice/Consent Form furnished. (lgd) [Transferred from arwd on 9/18/2023.] |
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Filing 3
ORDER directing the Clerk to file the complaint submitted by the Plaintiff. A determination regarding his status as a pauper and service of process will be made at a later time. Kaiser is given until September 19, 2023, to advise the Court whether he wishes to proceed with this lawsuit. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of his new address. Failure to inform the Court of an address change shall result in the dismissal of this case. Signed by Honorable Christy D. Comstock on August 29, 2023. (lgd) [Transferred from arwd on 9/18/2023.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Roy Joe Kaiser. Motions referred to Christy D. Comstock.(lgd) [Transferred from arwd on 9/18/2023.] |
| Filing 1 COMPLAINT REFERRED (42:1983) against Head Mail Clerk, Warden,, filed by Roy Joe Kaiser.(lgd) [Transferred from arwd on 9/18/2023.] |
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