Ausler v. Foster et al
| Antonio D Ausler |
| Harry Foster, Carnahan, Lori Mason, William Tapley, McGary, Holland, Holliman, Zulpo, Does Conway Police Department Police Officers, Conway Police Department Chief of Police, Faulkner County Court Clerk, Faulkner County Detention Center Jail Administrator, Conway, City of, Faulkner, County of, Watkins, Huffman, Scott, Prescott, Homan, Elizabeth Kennedy and Carol Crews |
| 4:2023cv00244 |
| March 20, 2023 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 8
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #6 Emergency Request for Removal. First, the state criminal prosecution of Mr. Ausler does not fall within the extremely narrow circumstances set out in 28 U.S.C. 1443 that would justify removal to federal court. Second, the instant federal civil case is stayed. Even if Mr. Ausler could remove his state criminal case (and he can't), he would have to file such a removal in a new case docket. Signed by Judge Lee P. Rudofsky on 5/18/2023. (nab)
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| Filing 7 NOTICE by Antonio D Ausler. (llg) |
| Filing 6 EMERGENCY REQUEST FOR REMOVAL and NOTICE of Change of Address by Antonio D Ausler. (jak) |
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Filing 5
ORDER granting #1 Mr. Ausler's Motion to Proceed In Forma Pauperis; assessing an initial partial filing fee of $5.90; directing the initial partial filing fee and 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 Administrator of the Faulkner County Detention Center; and dismissing, without prejudice, all Defendants except Conway Police Department Officers McGary, Holland, and Zulpo (in their individual capacities). Mr. Ausler's individual capacity constitutional claims against the three just-referenced Conway officers remain, but service is not proper at this time. This case shall be administratively terminated. Mr. Ausler can move to reopen this case after final disposition of his state criminal case, including any appeal. Any motion to reopen must be filed within 60 days of that final disposition. If Mr. Ausler does not file a timely motion to reopen or a status report by 05/13/2024, then the Court will reopen the case and dismiss it without prejudice. Signed by Judge Lee P. Rudofsky on 05/12/2023. (llg)
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| Filing 4 Application for Writ of Prohibition by Antonio D Ausler. (ldb) |
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Filing 3
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (ldb)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Antonio D Ausler. (ldb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Antonio D Ausler. (ldb) |
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