Terry v. Shuler et al
| Dermain Datorio Terry |
| Kathern Shuler, Mike Knadal, John Graef and Jordan Ables |
| 4:2023cv00612 |
| June 30, 2023 |
| US District Court for the Eastern District of Arkansas |
| Brian S Miller |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.
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Filing 13
ORDER adopting #7 recommended disposition; and dismissing without prejudice Terry's claims against Mike Knadal and Jordan Ables. Dermain Terry may proceed on his 42 U.S.C. 1983 claims against Kathern Shuler and John Graef. An in forma pauperis appeal from this order would not be taken in good faith. Signed by Judge Brian S. Miller on 8/22/2023. (ljb)
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Filing 12
INITIAL SCHEDULING ORDER: Discovery due by 2/21/2024. Dispositive motions due by 3/21/2024. Dispositive motions on the issue of exhaustion due by 10/21/2023. Signed by Magistrate Judge Joe J. Volpe on 8/21/2023. (lej)
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| Filing 11 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
| Filing 10 ANSWER to #5 Amended Complaint by John Graef, Kathern Shuler.(Heaton, Colin) |
| Filing 9 SUMMONS Returned Executed John Graef served on 7/28/2023. (ajj) |
| Filing 8 SUMMONS Returned Executed Kathern Shuler served on 7/28/2023. (ajj) |
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Filing 7
PARTIAL RECOMMENDED DISPOSITION that Plaintiff be allowed to proceed with his failure to protect claim against Defendants Shuler and Graef. Defendants Knadal and Ables be dismissed without prejudice because no plausible claims have been pled 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 7/19/2023. (lej)
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Filing 6
ORDER that the Clerk shall prepare summonses and the USMS shall serve Defendants Shuler and Graef without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Joe J. Volpe on 7/19/2023. (lej)
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| Summons Issued as to John Graef, Kathern Shuler and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 5 AMENDED COMPLAINT against All Defendants filed by Dermain Datorio Terry. (llg) |
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Filing 4
ORDER granting Plaintiff's IFP Application #1 . The Clerk shall mail a copy of this order to the Dallas 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 7/6/2023. (lej)
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| Filing 3 NOTICE OF DOCKET CORRECTION re #2 Complaint. CORRECTION: The original document was attached in error (missing case number and judges' information) due to a clerical mistake by the Clerk's office. (The correct document was added as an attachment to #2 Complaint and is attached hereto for service/review by the parties.) (kdr) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Dermain Datorio Terry.(kdr) (Additional attachment(s) added on 7/5/2023: #1 Main Document - Correct) (kdr). |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Dermain Datorio Terry. (kdr) |
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