Radford v. Payne et al
| Jessie Terrell Radford |
| Dexter Payne, Clark, Carroll, Washington, Kieth Waddle and James Shipman |
| 4:2021cv00905 |
| October 5, 2021 |
| US District Court for the Eastern District of Arkansas |
| Jerome T Kearney |
| James M Moody |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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Filing 15
ORDER approving and adopting in its entirety #11 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing, without prejudice, Plaintiff's official capacity damages claims for failure to state a claim on which relief may be granted; dismissing, without prejudice, Plaintiff's false disciplinary claims for failure to state a claim on which relief may be granted; dismissing, without prejudice, Plaintiff's parole-related claims for failure to state a claim on which relief may be granted; dismissing, without prejudice, Plaintiff's equal protection claims for failure to state a claim on which relief may be granted; dismissing, without prejudice, Defendants Payne, Clark, Waddle, and Shipman as parties from this action; and certifying that an in forma pauperis appeal from an Order adopting these recommendations would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/29/2021. (llg)
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| Filing 14 OBJECTIONS to #11 Proposed Findings and Recommendations by Jessie Terrell Radford. (llg) |
| Filing 13 OBJECTIONS to #11 Proposed Findings and Recommendations by Jessie Terrell Radford. (ldb) |
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Filing 12
ORDER ordering that service of Plaintiff's due process claim on Defendant Carroll and corrective inaction claim on Defendant Washington is appropriate; directing the Clerk to prepare Summonses for Defendants Carroll and Washington; and directing the United States Marshal to serve a copy of the Amended Complaint (Doc. No. #9 ), Summons, and this Order on Defendants Carroll and Washington through the ADC Compliance Office without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Jerome T. Kearney on 11/4/2021. (ldb)
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Filing 11
PROPOSED FINDINGS AND RECOMMENDATIONS recommending #9 Plaintiff's official capacity damages claims be DISMISSED without prejudice for failure to state a claim on which relief may be granted. Plaintiff's false disciplinary claims be DISMISSED without prejudice for failure to state a claim on which relief may be granted. Plaintiff's parole-related claims be DISMISSED without prejudice for failure to state a claim on which relief may be granted. Plaintiff's equal protection claims be DISMISSED without prejudice for failure to state a claim on which relief may be granted. Defendants Payne, Clark, Waddle, and Shipman be DISISSED without prejudice as parties from this action. The Court certifies that an in forma pauperis appeal from an 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 Jerome T. Kearney on 11/04/2021. (lmc)
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| Summons Issued as to Carroll and Washington and forwarded to U.S. Marshal for service. (ldb) |
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Filing 10
ORDER denying #8 Plaintiff's Motion to Appoint Counsel and Reassign Case. Plaintiff's request that I recuse is also DENIED. Signed by Magistrate Judge Jerome T. Kearney on 11/01/2021. (lmc)
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| Filing 9 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Jessie Terrell Radford.(kdr) |
| Filing 8 MOTION to Reassign Case and Motion to Appoint Counsel by Jessie Terrell Radford. (kdr) |
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Filing 7
INITIAL ORDER FOR PRO SE PRISONERS. Signed by Magistrate Judge Jerome T. Kearney on 1019/2021. (lmc)
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Filing 6
ORDER granting #4 Motion to Proceed in forma pauperis; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk to forward a copy of this Order to the Warden of the Varner Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office; allowing Plaintiff to submit an Amended Complaint within 30 days from the date of this Order; and directing the Clerk of the Court to mail Plaintiff a blank 42 U.S.C. 1983 Complaint form. Signed by Magistrate Judge Jerome T. Kearney on 10/19/2021. (jbh)
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| Filing 5 NOTICE OF DOCKET CORRECTION re #4 Notice of Filing Fee Calculation. CORRECTION: The original document was attached in error (incorrect image file) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #4 and is attached hereto for review by the parties. (jak) |
| Filing 4 NOTICE of Filing Calculation Sheet and Certificate of Prisoner Accounts by Jessie Terrell Radford. (llg) (Additional attachment(s) added on 10/15/2021: #1 Main Document - Correct) (jak). |
| NOTICE OF DOCKET CORRECTION re #3 Order. CORRECTION: The docket entry was modified to correct the file date as 10/7/2021 as marked on the Order.(jak) |
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Filing 3
ORDER denying #1 Motion to Proceed In Forma Pauperis; giving the Plaintiff 30 days to submit the $402 statutory filing fee or a completed in forma pauperis application, with the required calculation sheet; and directing the Clerk to send Plaintiff an in forma pauperis application and calculation sheet. Service is not appropriate at this time. Signed by Magistrate Judge Jerome T. Kearney on 10/7/2021. (ldb) (Docket entry modified on 10/8/2021 to correct the file date) (jak)
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| Filing 2 COMPLAINT against All Defendants filed by Jessie Terrell Radford. (llg) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Jessie Terrell Radford. (llg) |
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