Short v. Avery et al
Plaintiff: James Lee Short, Jr
Defendant: Avery, Musclewhite, Young and Perice
Case Number: 4:2022cv01259
Filed: December 20, 2022
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Lee P Rudofsky
Referring Judge: Joe J Volpe
Nature of Suit: Prison Condition: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2023 Opinion or Order Filing 5 PARTIAL RECOMMENDED DISPOSITION recommending Plaintiff be allowed to proceed with his excessive force claim against Defendant Avery in his personal capacity only; recommending all other claims as well as Defendants Musclewhite, Young, and Perice be dismissed without prejudice; and recommending the Court certify that an in forma pauperis appeal from an Order adopting this Recommendation 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 2/8/2023. (jbh)
February 8, 2023 Opinion or Order Filing 4 ORDER directing the Clerk to prepare a summons for Defendant Avery; and directing the U.S. Marshal shall serve the summons, #2 Complaint, and this Order on him without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Joe J. Volpe on 2/8/2023. (jbh)
February 8, 2023 Summons Issued as to Avery and forwarded to the U.S. Marshal for service. (jbh)
January 3, 2023 Opinion or Order Filing 3 ORDER granting #1 Application 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 mail a copy of this Order to the Warden of the Cummins Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office; directing the Clerk to mail a 42 U.S.C. 1983 complaint form (but not an IFP Application or Calculation Sheet) to Plaintiff with a copy of this Order; and directing the Plaintiff to complete the new complaint form in its entirety in accordance with this Order, label it an "Amended Complaint," and file it within 30 days of the date of this Order if he wishes. Service is not appropriate at this time. Signed by Magistrate Judge Joe J. Volpe on 1/3/2023. (ldb)
December 20, 2022 Filing 2 COMPLAINT against All Defendants, filed by James Lee Short, Jr. (ldb)
December 20, 2022 Filing 1 MOTION for Leave to Proceed in forma pauperis by James Lee Short, Jr. (ldb)

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Plaintiff: James Lee Short, Jr
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Defendant: Avery
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Defendant: Musclewhite
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Defendant: Young
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Defendant: Perice
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