Kimery v. Payne et al
| Fielding Vaughn Kimery |
| Dexter Payne, Mary Lloyd, James Gibson, Brain Perkins, Scott Taylor, Brandon Carroll, James Plummer, Jason Treadwell, Roosevelt Jones, James Shipman, Tashayla Jackson, Ryas, Brandon Higgins, John Doe, Larennetta Smith, Michael Wood and Estella Bland |
| 4:2020cv00473 |
| May 4, 2020 |
| US District Court for the Eastern District of Arkansas |
| Joe J Volpe |
| Susan Webber Wright |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on June 2, 2021. A more recent docket listing may be available from PACER.
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Filing 37
ORDER of USCA as to #28 Notice of Appeal filed by Fielding Vaughn Kimery: 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)
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Filing 36
ORDER of USCA as to #28 Notice of Appeal filed by Fielding Vaughn Kimery: 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)
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| Filing 35 USCA Docketing Letter as to #28 Notice of Appeal filed by Fielding Vaughn Kimery. USCA Case Number 20-2304. (ajt) |
| Filing 34 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to #28 Notice of Appeal re #23 Order. (ajt) |
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Filing 33
ORDER denying #30 Plaintiff's motion for leave to appeal in forma pauperis; directing Plaintiff, within 30 days of this order's entry date, to either (a) pay to this Court the $505.00 appellate filing and docketing fees; or (b) file, with the United States Court of Appeal for the Eighth Circuit, a motion with an attached affidavit that complies with each mandate of Federal Rule of Appellate Procedure 24(a)(1); and directing Plaintiff to file any future documents or pleadings related to this appeal with the United States Court of Appeals for the Eighth Circuit. Signed by Magistrate Judge Joe J. Volpe on 06/26/2020. (ajt)
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| Filing 32 Supplement re #28 Notice of Appeal by Fielding Vaughn Kimery. (ajt) |
| Filing 31 Supplement re #28 Notice of Appeal by Fielding Vaughn Kimery. (ajt) |
| Filing 29 APPELLATE FILING FEE NOTICE to Plaintiff. Response due by 7/23/2020. (ajt) |
| Filing 28 NOTICE OF APPEAL as to #23 Order by Fielding Vaughn Kimery. (ajt) |
| Filing 30 MOTION for Leave to Appeal in forma pauperis by Fielding Vaughn Kimery. (ajt) |
| Filing 27 SUPPLEMENTAL OBJECTIONS and Explanations to #14 Proposed Findings and Recommendations and MOTION for Reconsideration by Fielding Vaughn Kimery. (llg) |
| Filing 26 SUMMONS Returned Executed. Brandon Higgins served on 5/29/2020. Sealed Address page attached. (ajt) |
| Filing 25 SUMMONS Returned Executed. Brain Perkins served on 5/29/2020. Sealed Address page attached. (ajt) |
| Filing 24 SUMMONS Returned Executed. Ryas served on 5/29/2020. Sealed Address page attached. (ajt) |
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Filing 23
ORDER approving and adopting in its entirety #14 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing with prejudice Plaintiff's official capacity damages claims; dismissing without prejudice Plaintiff's conspiracy claims; dismissing without prejudice Defendants Dexter Payne, James Gibson, James Shipman, Brandon Carroll, Scott Taylor, James Plummer, May Lloyd, Roosevelt Jones, Jason Treadwell, Larennetta Smith, Estella Bland, Michael Wood, and Doe as improperly joined; dismissing without prejudice Plaintiff's claims for the loss of his personal property; and certifying that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. Signed by Judge Susan Webber Wright on 6/10/2020. (ljb)
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| NOTICE OF DOCKET CORRECTION re #22 MOTION to Extend Time. CORRECTION: The docket entry was modified to correct the filing event as "NOTICE to the Court" pursuant to instruction from Chambers. (jak) |
| Filing 22 NOTICE to the Court by Fielding Vaughn Kimery. (llg) (Docket entry modified on 6/9/2020 to correct the filing event pursuant to instruction from Chambers) (jak) |
| Filing 21 ANSWER to #7 Amended Complaint with Jury Demand by Brandon Higgins, Brain Perkins, Ryas.(Middleton, Rosalyn) |
| Filing 20 NOTICE of Appearance by Rosalyn L. Middleton on behalf of Brandon Higgins, Brain Perkins, Ryas (Middleton, Rosalyn) |
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Filing 19
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to extend time #17 . Plaintiff appears to request additional time to serve the defendants in this case. However, pursuant to Rule 4(m) of the F.R.C.P., Plaintiff has until 8/2/2020 to effectuate service. Signed by Magistrate Judge Joe J. Volpe on 6/2/2020. (lej)
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| Filing 18 OBJECTION to #14 Report and Recommendations by Fielding Vaughn Kimery. (kdr) |
| Filing 17 MOTION to Extension of Service by Fielding Vaughn Kimery. (kdr) (Docket text modified on 6/2/2020 to correct a typographical error) (jak) |
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Filing 16
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to extend time 14 additional days to respond to the Proposed Findings and Recommendations #15 . Signed by Magistrate Judge Joe J. Volpe on 6/1/2020. (lej)
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| Filing 15 MOTION for Extension by Fielding Vaughn Kimery. (llg) |
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Filing 14
PROPOSED FINDINGS AND RECOMMENDATIONS recommending Plaintiff's official capacity damages claims be dismissed with prejudice; Plaintiff's conspiracy claims be dismissed without prejudice; Plaintiff's claims against Defendants Dexter Payne, James Gibson, James Shipman, Brandon Carroll, Scott Taylor, James Plummer, Mary Lloyd, Roosevelt Jones, Jason Treadwell, Larennetta Smith, Estella Bland, Michael Wood, and Doe be dismissed without prejudice as improperly joined and they be dismissed without prejudice from this action; and Plaintiff's claims for the loss of his personal property be dismissed without prejudice. The Court certify 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 05/19/2020. (ajt)
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Filing 13
ORDER directing the Clerk of the Court to prepare Summons for Defendants Perkins, Jackson, Higgins, and Ryas; and directing the United States Marshal to serve a copy of #7 Amended Complaint, Summons, and this Order on each Defendant without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 05/19/2020. (ajt)
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| Summons Issued as to Brandon Higgins, Tashayla Jackson, Brain Perkins, Ryas and forwarded to the U.S. Marshal for service. (jbh) |
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Filing 12
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel for the same reason previously stated 6 #8 . Signed by Magistrate Judge Joe J. Volpe on 5/15/2020. (lej)
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| Filing 11 NOTICE of Filing of Proposed Order by Fielding Vaughn Kimery. (ljb) |
| Filing 10 NOTICE to Cross Examine by Fielding Vaughn Kimery. (ljb) |
| Filing 9 DECLARATION in Support of #8 Motion to Appoint Counsel filed by Fielding Vaughn Kimery. (ljb) |
| Filing 8 MOTION to Appoint Counsel by Fielding Vaughn Kimery. (ljb) |
| Filing 7 AMENDED COMPLAINT against All Defendants filed by Fielding Vaughn Kimery. (ljb) |
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Filing 6
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel #3 . A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action but the Court may appoint counsel at its discretion. 28 U.S.C. 1915(e)(1). The Court has considered Plaintiff's need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual complexity of the case, the Plaintiff's ability to investigate and present the case, and the complexity of the legal issues. In considering these factors, the Court finds that Plaintiff's claims do not appear legally or factually complex, and it appears Plaintiff is capable of prosecuting these claims without appointed counsel. Signed by Magistrate Judge Joe J. Volpe on 5/5/2020. (lej)
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Filing 5
ORDER granting #1 Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk of the Court to send a copy of this Order to the Varner Supermax Unit of the Arkansas Department of Corrections; the ADC Trust Fund Centralized Banking Office; and the ADC Compliance Office; directing the Clerk of the Court to send Plaintiff a blank 42 U.S.C. 1983 complaint form; and directing Plaintiff to submit the new complaint in accordance with this Order, mark it as "Amended Complaint", and file it within 30 days of the date of this Order. Signed by Magistrate Judge Joe J. Volpe on 05/05/2020. (ajt)
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| Filing 4 NOTICE of Filing of Proposed Order by Fielding Vaughn Kimery. (kdr) |
| Filing 3 MOTION to Appoint Counsel by Fielding Vaughn Kimery. (kdr) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Fielding Vaughn Kimery.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Fielding Vaughn Kimery. (kdr) |
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