Stockton v. Page
| Joshua Stockton |
| Joe Page, Arkansas Department of Corrections, M Cobbs, Daniels, Desmuke and Boulden |
| 4:2023cv00131 |
| February 15, 2023 |
| US District Court for the Eastern District of Arkansas |
| Kristine G Baker |
| Edie R Ervin |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on April 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 17 SUMMONS Returned Executed. Joe Page served on 3/13/2023. (kth) |
| Filing 16 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Joshua Stockton. (Docketed pursuant to #15 Order.) (jbh) |
Filing 15
ORDER granting #13 motion to amend complaint; directing the Clerk to docket Mr. Stockton's #13 -1 proposed amended complaint as his amended complaint; instructing the Clerk to add the Arkansas Department of Corrections, Major M. Cobbs, Cpl. Daniels, Lt. Desmuke, and Boulden as party Defendants; directing the Clerk of Court to prepare summonses for Defendants Major M. Cobbs, Cpl. Daniels, Lt. Desmuke, and Boulden; and directing the U.S. Marshal to serve these Defendants with a summons and a copy of the complaint and the amended complaint (with any attachments), without requiring prepayment of fees and costs or security. Signed by Magistrate Judge Edie R. Ervin on 4/12/2023. (jbh)
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| Filing 14 PARTIAL RECOMMENDED DISPOSITION recommending Mr. Stockton's claims against the Arkansas Department of Corrections be dismissed, with prejudice; and recommending the Clerk be instructed to terminate the Arkansas Department of Corrections as a party Defendant. Objections due within 14 days of the date of this Recommendation. Signed by Magistrate Judge Edie R. Ervin on 4/12/2023. (jbh) |
| Summons Issued as to Boulden, M Cobbs, Daniels, Desmuke and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 13 MOTION to Amend/Correct #2 Complaint by Joshua Stockton. (Attachments: #1 Proposed Amended Complaint)(kdr) |
|
Filing 12
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying without prejudice #10 Defendant's motion to take deposition. Defendant's answer #9 affirmatively pleads that the case should be dismissed for failure to exhaust. As a general rule, discovery in prisoner cases is stayed until exhaustion issues are resolved. Thus, unless Defendant does not intend to pursue an exhaustion defense, it is premature to depose Plaintiff. If Defendant does not intend to pursue an exhaustion defense and wishes to proceed directly to resolve the merits, he should so state when refiling the motion to take deposition. If, for some reason, Defendant contends that this case presents an exception to the general rule staying discovery, he should explain this in his refiled motion. Signed by Magistrate Judge Edie R. Ervin on 03/21/23. (dmm)
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| Filing 11 BRIEF IN SUPPORT re #10 Motion to Take Deposition filed by Joe Page. (Middleton, Rosalyn) |
| Filing 10 MOTION to Take Deposition from Joshua Stockton (ADC #169885) by Joe Page (Middleton, Rosalyn) |
| Filing 9 ANSWER to #2 Complaint with Jury Demand by Joe Page.(Middleton, Rosalyn) |
| Filing 8 NOTICE of Appearance by Rosalyn L. Middleton on behalf of Joe Page (Middleton, Rosalyn) |
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Filing 7
ORDER denying #6 motion to consolidate. Signed by Magistrate Judge Edie R. Ervin on 3/14/2023. (jbh)
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| Filing 6 MOTION to Consolidate Cases by Joshua Stockton. (ldb) |
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Filing 5
ORDER granting #4 motion for leave to proceed IFP; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; 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 East Arkansas Regional Unit; directing the Clerk of Court to prepare a summons for Defendant Joe Page; and directing the U.S. Marshal to serve Defendant Page 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 3/6/2023. (jbh)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Joshua Stockton. (llg) |
| Summons Issued as to Joe Page and forwarded to the U.S. Marshal for service. (jbh) |
|
Filing 3
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS denying #1 motion for leave to proceed IFP; directing the Clerk to enclose a new IFP application along with a copy of this Order; and directing Plaintiff to, within 30 days of this Order, return a completed IFP application, including an accompanying affidavit and jail account information sheet, or pay the $402.00 filing fee. Signed by Magistrate Judge Edie R. Ervin on 2/21/2023. (jbh)
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| Filing 2 COMPLAINT with Jury Demand against Joe Page, filed by Joshua Stockton. (ldb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Joshua Stockton. (ldb) |
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