James v. Dukes et al
Plaintiff: David Nicholas James
Defendant: B Dukes, Johnson, Barbria Elmore, M Dukes and Tomas Johnson
Case Number: 4:2022cv00767
Filed: August 26, 2022
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Kristine G Baker
Referring Judge: Edie R Ervin
Nature of Suit: Prison Condition: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2022 Opinion or Order Filing 20 ORDER directing the Clerk of Court to prepare a new summons for Defendant Johnson; directing the U.S. Marshal to serve the reissued summons, #2 complaint, and this Order on Defendant Thomas at his last-known address, provided under seal, without prepayment of fees or costs; and directing the Clerk of Court to update the docket sheet to reflect Defendant Johnson's full name Tomas Johnson. Defendant Thomas' private mailing address must be redacted from the return of service and from any other public portion of the record. Signed by Magistrate Judge Edie R. Ervin on 10/24/2022. (ldb)
October 24, 2022 Summons Reissued as to Tomas Johnson and forwarded to U.S. Marshal for service. (ldb)
October 20, 2022 Filing 19 SEALED RESPONSE. (fjg)
October 18, 2022 Filing 18 ANSWER to #2 Complaint with Jury Demand by M Dukes.(Thomas, JaNan)
October 18, 2022 Filing 17 NOTICE of Appearance by JaNan Arnold Thomas on behalf of M Dukes (Thomas, JaNan)
October 14, 2022 Opinion or Order Filing 16 ORDER: Within 14 days, the Administrator is directed to file the last-known address of Defendant Johnson with the Court, under seal. Signed by Magistrate Judge Edie R. Ervin on 10/14/2022. (jbh)
October 12, 2022 Filing 15 NOTICE OF DOCKET CORRECTION re #14 Response. CORRECTION: The original document was submitted in error (wrong image file) due to a clerical mistake by the Clerk's office. The correct document was added to #14 and hereto for service/review by the parties. (kbc)
October 11, 2022 Filing 14 RESPONSE to #10 Order by Administrator Lonoke County Detention Facility. (fjg) Additional attachment added on 10/12/2022: #1 Main Document - Correct. (kbc)
October 11, 2022 Filing 13 SUMMONS Returned Executed. M Dukes served on 9/30/2022. (kth)
October 7, 2022 Opinion or Order Filing 12 ORDER directing the Clerk to mail a copy of this Order to the Administrator of the Lonoke County Detention Center; and directing the Detention Center Administrator to notify the Court whether Defendant Dukes is a current employee of the Detention Center and, if so, he may be served through the Detention Center or whether Defendant Dukes is a former Detention Center employee and, if so, provide the Court the last-known address of Defendant Dukes to the Court under seal. Signed by Magistrate Judge Edie R. Ervin on 10/7/2022. (jbh)
October 6, 2022 Filing 11 Summons Returned Unexecuted as to B Dukes. (kth)
September 30, 2022 Opinion or Order Filing 10 ORDER directing the Clerk to mail a copy of this Order to the Administrator of the Lonoke County Detention Center; and directing the current Detention Center Administrator to notify the Court whether Defendant Johnson is a current employee of the Detention Center and, if so, he may be served through the Detention Center or whether Defendant Johnson is a former Detention Center employee and, if so, provide the Court the last-known address of Defendant Johnson to the Court under seal. Signed by Magistrate Judge Edie R. Ervin on 9/30/2022. (jbh)
September 29, 2022 Filing 9 Summons Returned Unexecuted as to Johnson. (kth)
September 22, 2022 Opinion or Order Filing 8 ORDER granting #7 motion; directing the Clerk to update the docket sheet to reflect the correct first name initial of Defendant Dukes - M. Dukes; directing the Clerk to prepare a new summons for Defendant M. Dukes; and directing the U.S. Marshal to serve Defendant Dukes with a summons and a copy of the #2 complaint (with any attachments), without requiring prepayment of fees and costs or security. Signed by Magistrate Judge Edie R. Ervin on 9/22/2022. (jbh)
September 22, 2022 Filing 7 MOTION Correct Party by David Nicholas James. (llg)
September 22, 2022 Summons Reissued as to M Dukes and forwarded to the U.S. Marshal for service. (jbh)
August 30, 2022 NOTICE OF DOCKET CORRECTION re #5 Order. CORRECTION: The docket text was modified to correct the Judge who signed the Order as Magistrate Judge Ervin. (jak)
August 29, 2022 Filing 6 PARTIAL RECOMMENDED DISPOSITION recommending Mr. James' claims against Lonoke County Circuit Judge Barbria Elmore be dismissed, without prejudice, for failure to state a plausible claim for relief; and recommending the Clerk be instructed to terminate Barbria Elmore as a party Defendant. Objections due within 14 days of the date of this Recommendation. Signed by Magistrate Judge Edie R. Ervin on 8/29/2022. (jbh)
August 29, 2022 Opinion or Order Filing 5 ORDER directing the Clerk to prepare summonses for Defendants B. Dukes and Johnson; and directing the U.S. Marshal to serve each of these Defendants with a summons and a copy of the complaint (with any attachments), without requiring prepayment of fees and costs or security. Signed by Magistrate Judge Ervin on 8/29/2022. (jbh) (Docket text modified on 8/30/2022 to correct the Judge who signed the Order) (jak)
August 29, 2022 Opinion or Order Filing 4 INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS granting #1 IFP motion; 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 Trust Fund Centralized Banking Office, the ADC Compliance Division, and the Warden of the Lonoke County Detention Facility. Signed by Magistrate Judge Edie R. Ervin on 8/29/2022. (jbh)
August 29, 2022 Summons Issued as to B Dukes, Johnson and forwarded to the U.S. Marshal for service. (jbh)
August 26, 2022 Filing 3 NOTICE OF DOCKET CORRECTION re #2 Complaint. CORRECTION: The original document was attached to the docket in error (case number and Judge information not included) 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)
August 26, 2022 Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by David Nicholas James.(kdr) (Additional attachment(s) added on 8/26/2022: #1 Main Document - Correct) (cmn).
August 26, 2022 Filing 1 MOTION for Leave to Proceed in forma pauperis by David Nicholas James. (kdr)

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Plaintiff: David Nicholas James
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Defendant: B Dukes
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Defendant: Johnson
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Defendant: Barbria Elmore
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Defendant: M Dukes
Represented By: JaNan Arnold Thomas
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Defendant: Tomas Johnson
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