Onstad v. Payne et al
| A Cole Onstad |
| Dexter Payne, Dale Reed, James Hoot Gibson, Johnson, Shipman, Scott Taylor, McEwen, Douglas Boultinghouse, M Dunn, C Fifer, M Richardson, Solomon Graves, Wendy Kelly, Keith Waddle and Carol |
| 4:2021cv01202 |
| December 13, 2021 |
| US District Court for the Eastern District of Arkansas |
| Brian S Miller |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 6, 2023. A more recent docket listing may be available from PACER.
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Filing 7
ORDER adopting #6 proposed findings and recommendations. A. Cole Onstad will be allowed to proceed with his claims that his First Amendment rights were violated when: (1) Defendants Scott Taylor, Carol, Keith Waddle, James Hoot Gibson, and Dexter Payne issued and/or upheld a disciplinary against him after he wrote a letter that was published in a magazine by the Racial Nationalist Party of America called the "White Voice;" and (2) Defendants Payne, Gibson, Dale Reed, Johnson, Shipman, McEwen, Wendy Kelly, Taylor, Douglas Boultinghouse, M. Dunn, C. Fifer, and M. Richardson prevented him from receiving his subscription to the "White Voice" for over two years. Onstad's claim that Payne, Reed, Kelly, Gibson, Shipman, McEwen, and Soloman Graves violated his First Amendment rights when they enforced the ADC mail policy is dismissed without prejudice, and Graves is dismissed as a defendant. An in forma pauperis appeal would not be taken in good faith. Signed by Judge Brian S. Miller on 1/13/2022. (kdr)
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Filing 6
PROPOSED FINDINGS AND RECOMMENDATIONS recommending that: Plaintiff be allowed to proceed with his claims that his First Amendment rights were violated when: (1) Defendants Taylor, Carol, Waddle, Gibson, and Payne issued and/or upheld a disciplinary against him after he wrote a letter that was published in a magazine by the Racial Nationalist Party of America called the "White Voice;" and (2) Defendants Payne, Gibson, Reed, Johnson, Shipman, McEwen, Kelly, Taylor, Boultinghouse, Dunn, Fifer, and Richardson, prevented Plaintiff from receiving his subscription to the "White Voice" for over two years; that Plaintiff's claim that Defendants Payne, Reed, Kelly, Gibson, Shipman, McEwen, and Graves violated his First Amendment rights when they enforced the ADC mail policy that limits incoming correspondence to one and a half pages per envelope be dismissed without prejudice; Defendant Solomon Graves be dismissed; and that the Court certify that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. Objections due 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 12/29/2021. (ldb)
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Summons Issued as to Douglas Boultinghouse, Carol, M Dunn, C Fifer, James Hoot Gibson, Johnson, Wendy Kelly, McEwen, Dexter Payne, Dale Reed, M Richardson, Shipman, Scott Taylor and Keith Waddle and forwarded to the United States Marshal for service. (llg)
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Filing 5
ORDER that the Clerk shall prepare summons and the USM shall serve Defendants Scott Taylor, Carol, Keith Waddle, James Hoot Gibson, Dexter Payne, Dale Reed, Johnson, Shipman, McEwen, Wendy Kelly, Douglas Boultinghouse, M. Dunn, C. Fifer, and M. Richardson without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 12/28/2021. (lej)
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Filing 4
ORDER granting Plaintiff's Application To Proceed In District Court Without Prepaying Fees or Costs #1 . The Clerk shall mail a copy of this order to the Varner Unit Warden, ADC Trust Bank, and ADC Compliance Office. Signed by Magistrate Judge Joe J. Volpe on 12/28/2021. (lej)
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Filing 3
NOTICE OF DOCKET CORRECTION re #2 Complaint. CORRECTION: The original document was attached to the docket in error (wrong image file) due to a clerical mistake by the Clerk's office. The correct document was added as an attachment to #2 docket entry and is attached hereto for service/review by the parties. (cmn)
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Filing 2
COMPLAINT with Jury Demand against All Defendants filed by A Cole Onstad. (llg) (Additional attachment(s) added on 12/28/2021: #1 Main Document - Correct) (cmn).
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Filing 1
MOTION for Leave to Proceed in forma pauperis by A Cole Onstad. (llg)
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