Kimery v. Payne et al
Plaintiff: Fielding Kimery
Defendant: Dexter Payne, James Shipman, James Gibson, Marshal Dale Reed and Jame Gibson
Case Number: 4:2021cv00071
Filed: January 25, 2021
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Joe J Volpe
Referring Judge: Billy Roy Wilson
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 March 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 24, 2021 Filing 17 MOTION to Amend #2 Complaint by Fielding Kimery. (ljb)
March 18, 2021 Opinion or Order Filing 16 PROPOSED FINDINGS AND RECOMMENDATIONS recommending Plaintiff's claims be dismissed without prejudice; recommending Plaintiff's #13 Amended Complaint be dismissed; recommending dismissal of this action count as a "strike"; and recommending the Court certify 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 findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 3/18/2021. (jbh)
March 17, 2021 Opinion or Order Filing 15 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying as moot Plaintiff's motion to extend time #14 . Plaintiff asks for a blanket "extension of any time prescribed." However, at this time there are no requirements for Mr. Kimery to respond to anything. Signed by Magistrate Judge Joe J. Volpe on 3/17/2021. (lej)
March 15, 2021 Filing 14 MOTION to Extend Time by Fielding Kimery. (ljb)
March 10, 2021 Filing 13 AMENDED COMPLAINT against All Defendants filed by Fielding Kimery. (llg)
March 9, 2021 Opinion or Order Filing 12 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying as frivolous Plaintiff's motion for preliminary injunction #11 . Signed by Magistrate Judge Joe J. Volpe on 3/9/2021. (lej)
March 8, 2021 Filing 11 MOTION for Order to Show Cause for Preliminary Injunction by Fielding Kimery. (kdr)
February 25, 2021 Opinion or Order Filing 10 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion for copies #9 . The Clerk shall mail Plaintiff a copy of the docket sheet. Signed by Magistrate Judge Joe J. Volpe on 2/25/2021. (lej)
February 25, 2021 Filing 9 Notice and MOTION for Copy of Docket Sheet by Fielding Kimery. (ajt)
February 25, 2021 Filing 8 NOTICE by Fielding Kimery. (llg)
February 24, 2021 Opinion or Order Filing 7 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to extend time to 3/17/2021 to amend #6 . Signed by Magistrate Judge Joe J. Volpe on 2/24/2021. (lej)
February 23, 2021 Filing 6 MOTION for Extension of Time to Amend #2 Complaint by Fielding Kimery. (llg)
February 3, 2021 Opinion or Order Filing 5 ORDER granting #4 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 to mail a copy of this Order to the Warden of the Varner Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office; directing the Clerk to mail a 42 U.S.C. 1983 complaint form to Plaintiff; and allowing Plaintiff to file an Amended Complaint within 30 days of the date of this Order. Signed by Magistrate Judge Joe J. Volpe on 2/3/2021. (jbh)
February 3, 2021 Filing 4 MOTION for Leave to Proceed in forma pauperis by Fielding Kimery. (llg)
January 26, 2021 Opinion or Order Filing 3 ORDER denying #1 Application to Proceed Without Prepayment of Fees and Affidavit; directing the Clerk to mail to Plaintiff an Application to Proceed Without Prepayment of Fees with calculation sheet and certificate; and directing Plaintiff, within 30 days of the date of this Order, to submit either: (1) the statutory filing fee of $402; or (2) a proper and complete Application to Proceed Without Prepayment of Fees and Affidavit, with the required calculation sheet and certified copy of his trust fund account statement for the preceding six months. Signed by Magistrate Judge Joe J. Volpe on 01/26/2021. (ajt)
January 25, 2021 Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Fielding Kimery. (ljb)
January 25, 2021 Filing 1 MOTION for Leave to Proceed in forma pauperis by Fielding Kimery. (ljb)

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Defendant: Dexter Payne
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Defendant: James Shipman
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Defendant: James Gibson
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Defendant: Marshal Dale Reed
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Defendant: Jame Gibson
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Plaintiff: Fielding Kimery
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