Bigelow v. Van Buren County, Arkansas
Plaintiff: George Edward Bigelow
Defendant: Van Buren County, Arkansas, Lucas Emberton, Nancy Lawrence and Colby Rainez
Case Number: 4:2023cv00540
Filed: June 12, 2023
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Joe J Volpe
Referring Judge: Billy Roy Wilson
Nature of Suit: Prison Condition: Civil Rights
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 8, 2023 Opinion or Order Filing 14 INITIAL SCHEDULING ORDER: Discovery due by 2/8/2024. Dispositive motions due by 3/8/2024. Dispositive motions on the issue of exhaustion due by 10/8/2023. Signed by Magistrate Judge Joe J. Volpe on 8/8/2023. (lej)
August 8, 2023 Filing 13 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej)
August 7, 2023 Filing 12 ANSWER to #6 Amended Complaint by Colby Rainez.(Newell, Aaron)
August 7, 2023 Filing 11 NOTICE of Appearance by Aaron Newell on behalf of Colby Rainez (Newell, Aaron)
July 26, 2023 NOTICE OF DOCKET CORRECTION re #10 Order. CORRECTION: The docket text was modified to correct the description of the document filed as "ORDER adopting #8 Recommended Disposition in all respects; allowing Plaintiff to proceed with his inhumane conditions of confinement claim against Defendant Rainez in his personal capacity only; dismissing all other claims, Defendant Emberton, and Defendant Lawrence without prejudice for failing to state a claim upon which relief may be granted; dismissing with prejudice Defendant Van Buren County Sheriff's Office; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith" as marked on the document.(jak)
July 25, 2023 Opinion or Order Filing 10 ORDER adopting #8 Recommended Disposition in all respects; allowing Plaintiff to proceed with his inhumane conditions of confinement claim against Defendant Rainez in his personal capacity only; dismissing all other claims, Defendant Emberton, and Defendant Lawrence without prejudice for failing to state a claim upon which relief may be granted; dismissing with prejudice Defendant Van Buren County Sheriff's Office; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 7/25/2023. (jbh)(Docket text modified on 7/26/2023 to correct the description of the document filed) (jak)
July 24, 2023 Filing 9 OBJECTION to #8 Partial Recommended Disposition by George Edward Bigelow. (llg)
July 12, 2023 Opinion or Order Filing 8 PARTIAL RECOMMENDED DISPOSITION that Plaintiff be allowed to proceed with his inhumane conditions of confinement claim against Defendant Rainez in his personal capacity only. All other claims be dismissed without prejudice for failing to state a claim upon which relief may be granted. Defendant Van Buren County Sheriff's Office be dismissed with prejudice because it is not a proper party. Defendants Emberton and Lawrence be dismissed without prejudice because Plaintiff has not pled plausible claims against them. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), 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 7/12/2023. (lej)
July 12, 2023 Opinion or Order Filing 7 ORDER that the Clerk shall prepare a summons and the USM shall serve Defendant Raniez without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Joe J. Volpe on 7/12/2023. (lej)
July 12, 2023 Summons Issued as to Colby Rainez and forwarded to the U.S. Marshal for service. (jbh)
July 10, 2023 Docket Note: Filing fee paid in full on this date. (kth)
July 3, 2023 Filing 6 AMENDED COMPLAINT against All Defendants, filed by George Edward Bigelow. (ldb)
June 26, 2023 Opinion or Order Filing 5 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion for copies #4 . The Clerk shall mail Plaintiff a complaint form and a copy of the docket sheet. Signed by Magistrate Judge Joe J. Volpe on 6/26/2023. (lej)
June 26, 2023 Filing 4 MOTION for Copies by George Edward Bigelow. (kdr)
June 22, 2023 Opinion or Order Filing 3 ORDER granting Plaintiff's IFP Application #1 . The Clerk shall mail a copy of this order to the Van Buren County Jail Administrator. Service is not appropriate at this time. The Clerk shall mail a 42 U.S.C. 1983 complaint form (but not an IFP Application) to Plaintiff with a copy of this order. If Plaintiff wishes to amend the complaint, he must 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. Plaintiff's complaint, as it now stands, is deficient and may be dismissed after 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 6/22/2023. (lej)
June 12, 2023 Filing 2 COMPLAINT against Van Buren County, Arkansas, filed by George Edward Bigelow.(kdr)
June 12, 2023 Filing 1 MOTION for Leave to Proceed in forma pauperis by George Edward Bigelow. (kdr)

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Plaintiff: George Edward Bigelow
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Defendant: Van Buren County, Arkansas
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Defendant: Lucas Emberton
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Defendant: Nancy Lawrence
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Defendant: Colby Rainez
Represented By: Aaron Newell
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