McCoy v. Tadlock et al
| Terry Lamar McCoy |
| Cymber Tadlock, S Kyle Hunter, Lafayette Woods, Jr, Joseph Gorman, Edward Adams, Smith, Samuel Baker, Hickman, Tiara Ross, Cody Jacobs, Chevette Sloan, Carter, Judy Brownly, Iverson and Elkins |
| 4:2022cv00027 |
| January 13, 2022 |
| US District Court for the Eastern District of Arkansas |
| Kristine G Baker |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2022. A more recent docket listing may be available from PACER.
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Filing 25
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for leave to file an amended complaint and second motion to proceed in forma pauperis #23 #24 . The Court has recently ordered service be attempted on the Covid-19 claims raised in his amended complaint (Docs. 17, 22.) The Clerk shall mail Plaintiff a copy of the docket sheet to clarify what has recently occurred in this case. If Plaintiff wants to proceed with his second-hand smoke claims, he must do so in a new lawsuit. The Clerk shall mail Plaintiff a new 1983 complaint form and an IFP Application. Signed by Magistrate Judge Joe J. Volpe on 3/11/2022. (lej)
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| Filing 24 MOTION for Leave to Proceed in forma pauperis by Terry Lamar McCoy. (llg) |
| Filing 23 MOTION for Leave to File a Second Amended Complaint by Terry Lamar McCoy. (Attachment: #1 Proposed Second Amended Complaint) (llg) |
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Filing 22
ORDER that the Clerk shall prepare summons and the USM shall serve Defendants Iverson and Elkins without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 3/3/2022. (lej)
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Filing 21
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff be allowed to proceed with his COVID-19 claims, as explained herein, against Defendants Iverson and Elkins. All other claims be dismissed without prejudice. Defendants Tadlock, Hunter, Woods, Gorman, Adams, Smith, Baker, Hickman, Ross, Jacobs, Sloan, Carter, and Brownly be dismissed without prejudice from this lawsuit. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), 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 this recommendation. Signed by Magistrate Judge Joe J. Volpe on 3/3/2022. (lej)
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Filing 20
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff's motion for temporary restraining order be denied #18 . The Court certify, pursuant to 28 U.S.C. 1915(a)(3), 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 3/3/2022. (lej)
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Filing 19
ORDER: The #16 Partial Recommended Disposition and #15 Order of Service entered on 2/28/2022 are hereby revoked so that I may screen the allegations raised in Plaintiff's Amended Complaint. Signed by Magistrate Judge Joe J. Volpe on 3/3/2022. (jbh)
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| Summons Issued as to Elkins, Iverson and forwarded to the U.S. Marshal for service. (jbh) |
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Filing 16
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff be allowed to proceed with his secondhand smoke claim against Defendants Woods, Iverson, Elkins, Gorman, Adams, Baker, Ross, Sloan, Brownly, Smith, Hickman, Jacobs, and Carter. All other claims as well as Defendants Tadlock and Hunter be dismissed without prejudice from this lawsuit. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), 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 this recommendation. Signed by Magistrate Judge Joe J. Volpe on 2/28/2022. (lej) (REVOKED on 3/3/2022 pursuant to #19 Order)(jak)
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Filing 15
ORDER that the Clerk shall prepare summons and the USM shall serve Defendants Woods, Iverson, Elkins, Gorman, Adams, Baker, Ross, Sloan, Brownly, Smith, Hickman, Jacobs, and Carter without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 2/28/2022. (lej)(REVOKED on 3/3/2022 pursuant to #19 Order) (jak)
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| Summons Issued as to Edward Adams, Samuel Baker, Judy Brownly, Carter, Elkins, Joseph Gorman, Hickman, Iverson, Cody Jacobs, Tiara Ross, Chevette Sloan, Smith, Lafayette Woods, Jr. and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 18 MOTION for Temporary Restraining Order by Terry Lamar McCoy. (ldb) |
| Filing 17 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Terry Lamar McCoy. (ldb) |
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Filing 14
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting inasmuch as Plaintiff seeks a copy of the docket sheet. The Clerk shall mail a docket sheet to Plaintiff. The motion is denied in all other respects #13 . Signed by Magistrate Judge Joe J. Volpe on 2/9/2022. (lej)
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| Filing 13 MOTION for Case Status and Motion to Take Judicial Notice by Terry Lamar McCoy. (kdr) |
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Filing 12
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Plaintiff, a three striker, attempts to circumvent the law and the court's order (Doc. No. 8) through filing a motion seeking injunctive relief. The motion is denied #11 . Plaintiff must proceed as the court has ordered (Doc. No. 8) or I will recommend dismissing this cause of action. Signed by Magistrate Judge Joe J. Volpe on 2/8/2022. (lej)
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| Filing 11 MOTION for Temporary Restraining Order and Preliminary Injunction by Terry Lamar McCoy. (ldb) |
| Filing 10 ADDITION to #9 Judicial Notice by Terry Lamar McCoy. (ldb) |
| Filing 9 JUDICIAL NOTICE by Terry Lamar McCoy. (ldb) |
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Filing 8
ORDER granting #1 IFP motion; 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 Jail Administrator of the Brassell Adult Detention Center; directing the Clerk to mail a 42 U.S.C. 1983 complaint form to Plaintiff with a copy of this Order; and directing Plaintiff to file an Amended Complaint within 30 days of the date of this Order if Plaintiff wishes to amend his Complaint. Signed by Magistrate Judge Joe J. Volpe on 1/20/2022. (jbh)
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Filing 7
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying without prejudice Plaintiff's motion for TRO #4 . Plaintiff's motion wholly fails to comply with the requirements of Rule 65(B)(1)(a) of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Joe J. Volpe on 1/18/2022. (lej)
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| Filing 6 NOTICE OF DOCKET CORRECTION re #3 Support to #2 Complaint and #4 MOTION for TRO and Preliminary Injunction. CORRECTION: The original documents were attached in error (lack of case number) due to a clerical mistake by the Clerk's office. The correct documents were added to docket entries #3 and #4 and are attached hereto for review by the parties. (Attachments: #1 Docket Entry 4)(jak) |
| Filing 5 AFFIDAVIT of Probable Cause by Terry Lamar McCoy. (cmn) |
| Filing 4 MOTION for TRO and Preliminary Injunction by Terry Lamar McCoy. (cmn) (Additional attachment(s) added on 1/14/2022: #1 Main Document - Correct) (jak). |
| Filing 3 SUPPORT re #2 Complaint filed by Terry Lamar McCoy. (cmn) (Additional attachment(s) added on 1/14/2022: #1 Main Document - Correct) (jak). |
| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Terry Lamar McCoy. (llg) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Terry Lamar McCoy. (llg) |
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