Smith v. Settles et al
| James Elwood Smith |
| Barbara Holliman, Jared Byers, Jeffery Jerry, Dexter Payne, April Gibson, Marshall Dale Reed and Paula Settles |
| 4:2022cv00116 |
| February 8, 2022 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 12, 2023. A more recent docket listing may be available from PACER.
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Filing 13
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #12 Motion to Reopen Case. This case has been administratively terminated. As stated in the Court's Order on March 16, 2022, the Court will allow Plaintiff to move to re-open his case after the end of the 90-day period in which state officials must return the excess funds. Plaintiff may move to re-open his case after June 14, 2022 if he believes there is still a live claim (related to Act 1110 or otherwise) to adjudicate. Signed by Judge Lee P. Rudofsky on 4/1/2022. (hml)
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Filing 12
MOTION to Reopen Case by James Elwood Smith. (llg)
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Filing 11
ORDER administratively terminating all of the cases in the master docket and any pending motions in these cases; directing the cases in the master docket are no longer consolidated; directing each case will return to its own docket; and directing all future motions (if any) in these cases are to be filed in that case's individual member case docket. After the end of the 90-day period in which state officials must return the excess funds, the Court will allow each plaintiff in the various administratively terminated cases to move to re-open their case if he or she believes there is still a live claim (related to Act 1110 or otherwise) to adjudicate. Signed by Judge Lee P. Rudofsky on 3/16/2022. (ldb)
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Filing 10
ORDER directing the Clerk of the Court to consolidate this case with the master docket in Hayes v. Rutledge, et al., 4:21-cv-00347-LPR. Signed by Judge Lee P. Rudofsky on 2/10/2022. (ldb)
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Cases associated. Create association to 4:21-cv-00347-LPR pursuant to #10 Order. (jak)
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Filing 9
Case electronically transferred in from District of Arkansas Western; Case Number 6:21-cv-06152. Electronic file copy of transfer order and docket sheet received.
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Filing 8
ORDER TRANSFERRING CASE to District of Eastern District of Arkansas. Docket Sheet and case documents sent to receiving court. Signed by Honorable Barry A Bryant on February 8, 2022. (jlm) [Transferred from arwd on 2/8/2022.]
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Filing 7
AMENDED COMPLAINT with Jury Demand against Barbara Holliman, Jeffery Jerry, Paula Settles, Dexter Payne, Jared Byers, Marshall Dale Reed Terminating M. Grisham (Arkansas Board of Correction Compliance Division), Cryer, Mrs (Chief Legal Advisor for the ADC) and April Gibson (ADC), filed by James Elwood Smith.(jlm) [Transferred from arwd on 2/8/2022.]
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Filing 6
TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District. For this reason, Plaintiff is directed to submit an Amended Complaint within 21 days of the date of this Order. The Clerk is directed to mail the Plaintiff a court-approved 1983 form.In the Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. See Rizzo v. Goode, 423 U.S. 362,371-72,377 (1976);Fed.R.Civ.P.8. Plaintiff must repeat this process for each person he has named as a Defendant. Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered. If he fails to do so, the allegations against that Defendant will be dismissed for failure to state a claim.Plaintiff must clearly designate on the face of the document that it is a First Amended Complaint. The First Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. You may not refer back to any part of the original complaint. A First Amended Complaint supersedes, or takes the place of, the original Complaint. After amendment, the Court will treat the original Complaint as nonexistent. Any cause of action that was raised in the original Complaint is waived if it is not raised in the First Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 12/20/2021. Signed by Honorable Barry A. Bryant on November 29, 2021. (klk) [Transferred from arwd on 2/8/2022.]
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Filing 5
CLERK'S ORDER re PLRA Fee directing ADC to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (jlm) [Transferred from arwd on 2/8/2022.]
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis (42:1983). Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the filing fee from the Plaintiff.Plaintiff is advised that he is required to immediately inform the Court of any change of address. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of the new address. Plaintiff shall submit a change of address on a separate piece of paper entitled Notice to the Court of Change of Address and not include any motions or otherwise request relief in this document. The notice shall contain only information pertaining to the address change. The case will be subject to dismissal if Plaintiff fails to inform the Court of an address change. The Clerk is directed to collect the filing fee in the amount of $350.00; ORDER DIRECTING that a/an Amended Complaint be filed.(Amended Complaint due by 12/13/2021). Signed by Honorable Barry A. Bryant on November 19, 2021. (jlm) [Transferred from arwd on 2/8/2022.]
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Filing 3
Magistrate Notice/Consent Form (jlm) [Transferred from arwd on 2/8/2022.]
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Filing 2
MOTION for Leave to Proceed in forma pauperis (42:1983) by James Elwood Smith. Motions referred to Barry A. Bryant.(jlm) [Transferred from arwd on 2/8/2022.]
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Filing 1
COMPLAINT REFERRED (42:1983) against Jared Byers, Cryer, Mrs, April Gibson, M. Grisham, Barbara Holliman, Jeffery Jerry, Dexter Payne, Marshall Dale Reed, Paula Settles, filed by James Elwood Smith.(jlm) [Transferred from arwd on 2/8/2022.]
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