Barbee v. Jackson et al
Plaintiff: Sylvester O Barbee
Defendant: Marshall Dale Reed, James Gibson, Lucretia R Jackson and Horton
Case Number: 4:2021cv00161
Filed: March 1, 2021
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Jerome T Kearney
Referring Judge: James M Moody
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 April 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2021 Opinion or Order Filing 15 ORDER of USCA as to 10 Notice of Appeal filed by Sylvester O Barbee: 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. (jbh)
April 16, 2021 Opinion or Order Filing 14 ORDER of USCA as to 10 Notice of Appeal filed by Sylvester O Barbee: 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 pleading in this court explaining why Appellant is eligible to proceed without pre-payment of the fee within 30 days of this order. (jbh)
April 16, 2021 Filing 13 USCA Docketing Letter as to 10 Notice of Appeal filed by Sylvester O Barbee. USCA Case Number 21-1853. (jbh)
April 15, 2021 Filing 12 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 10 Notice of Appeal re #6 Order and #7 Judgment. (ajt)
April 15, 2021 Opinion or Order Filing 11 ORDER denying #9 motion for leave to appeal in forma pauperis as the Court has previously certified that an in forma pauperis appeal would not be taken in good faith. Signed by Judge James M. Moody Jr. on 04/15/2021. (ajt)
April 12, 2021 Filing 10 NOTICE OF APPEAL as to #6 Order and #7 Judgment by Sylvester O Barbee. (No separate document attached, see docket entry #9 .) (ajt)
April 12, 2021 Filing 9 MOTION for Leave to Appeal in forma pauperis by Sylvester O Barbee. (ajt)
March 23, 2021 Filing 8 APPELLATE FILING FEE NOTICE to Plaintiff. (ljb)
March 23, 2021 Opinion or Order Filing 7 JUDGMENT: Pursuant to #6 Order entered in this matter on this date, this Complaint is dismissed with prejudice. The Court certifies that an in forma pauperis appeal from this Judgment and accompanying Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 3/23/2021. (ljb)
March 23, 2021 Opinion or Order Filing 6 ORDER adopting #3 proposed findings and recommendations in their entirety; dismissing with prejudice Plaintiff's Complaint; and certifying that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Dismissal of this action constitutes a "strike" within the meaning of the Prison Litigation Reform Act (PLRA), 28 U.S.C. 1915(g). Signed by Judge James M. Moody Jr. on 3/23/2021. (ljb)
March 22, 2021 Filing 5 RESPONSE to #3 Proposed Findings and Recommendations by Sylvester O Barbee. (llg)
March 4, 2021 Opinion or Order Filing 4 ORDER granting #1 Motion to Proceed in forma pauperis; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; and directing the Clerk of the Court to send a copy of this Order to the ADC Compliance Office, the ADC Trust Fund Centralized Banking Office, and to the Warden of the Varner Unit. Signed by Magistrate Judge Jerome T. Kearney on 03/04/2021. (ajt)
March 4, 2021 Opinion or Order Filing 3 PROPOSED FINDINGS AND RECOMMENDATIONS recommending #2 Plaintiff's Complaint against Defendants be DISMISSED with prejudice, for failure to state a claim upon which relief may be granted. Dismissal of this action constitute a "strike" within the meaning of the Prison Litigation Reform Act. The Court certifies that an in forma pauperis appeal from an Order and Judgment dismissing this action would not be taken in good faith. Objections are due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Jerome T. Kearney on 03/04/2021. (lmc)
March 1, 2021 Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Sylvester O Barbee. (ljb)
March 1, 2021 Filing 1 MOTION for Leave to Proceed in forma pauperis by Sylvester O Barbee. (ljb)

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Plaintiff: Sylvester O Barbee
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Defendant: Marshall Dale Reed
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Defendant: James Gibson
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Defendant: Lucretia R Jackson
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Defendant: Horton
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