Winnett v. Winston et al
| Donald Felix Winnett |
| Matthew R Winston, Keontis M Walker, Evens, Mary Cobbs, Bolden and Dexter Payne |
| 4:2023cv00672 |
| July 20, 2023 |
| US District Court for the Eastern District of Arkansas |
| Edie R Ervin |
| Billy Roy Wilson |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 1, 2024. A more recent docket listing may be available from PACER.
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Filing 35
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #33 the Appeal of a Magistrate Judge Decision to District Court and denying #31 the Motion for Reconsideration. Signed by Judge Billy Roy Wilson on 09/12/23. (dmm)
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Filing 34
ORDER denying #26 motion for order. Signed by Magistrate Judge Edie R. Ervin on 9/12/2023. (jbh)
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Filing 37
ORDER of USCA as to #18 Notice of Appeal filed by Donald Felix Winnett: The Clerk of the district court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER. (jbh)
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| Filing 36 USCA Docketing Letter as to #18 Notice of Appeal filed by Donald Felix Winnett. USCA Case Number 23-3052. (jbh) |
| Filing 33 APPEAL of Magistrate Judge Decision to District Court by Donald Felix Winnett re #24 Order. (jbh) |
| Filing 32 NOTICE by Donald Felix Winnett. (jbh) |
| Filing 31 MOTION for Reconsideration by Donald Felix Winnett. (jbh) |
| Filing 30 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to #18 Notice of Appeal re #9 Partial Recommended Disposition. (jbh) |
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Filing 29
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #27 Plaintiff's Motion for Leave to Appeal in forma pauperis. Signed by Judge Billy Roy Wilson on 09/11/23. (dmm)
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| Filing 28 NOTICE to Court by Donald Felix Winnett. (fcd) |
| Filing 27 MOTION for Leave to Appeal in forma pauperis by Donald Felix Winnett. (fcd) |
| Filing 26 MOTION for Order by Donald Felix Winnett. (fcd) |
| Filing 25 NOTICE to Court by Donald Felix Winnett. (fcd) |
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Filing 24
ORDER granting #21 motion for copies, in part; directing the Clerk to provide Mr. Winnett a copy of docket entry #16 , along with a copy of this Order; denying #22 motion for order; and denying #23 motion to appoint counsel, without prejudice. Signed by Magistrate Judge Edie R. Ervin on 8/30/2023. (jbh)
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| Filing 23 MOTION to Appoint Counsel by Donald Felix Winnett. (jbh) |
| Filing 22 MOTION for Order by Donald Felix Winnett. (jbh) |
| Filing 21 MOTION for Copies by Donald Felix Winnett. (jbh) |
| Filing 20 APPELLATE FILING FEE NOTICE to Plaintiff. Response due by 9/20/2023. (jbh) |
| Filing 19 NOTICE by Donald Felix Winnett. (jbh) |
| Filing 18 NOTICE OF APPEAL as to #9 Partial Recommended Disposition by Donald Felix Winnett. (jbh) |
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Filing 17
SCHEDULING ORDER: If Defendants Walker and Cobbs intend to pursue a defense, pursuant to the Prison Litigation Reform Act, that Plaintiff failed to exhaust his administrative remedies before filing this lawsuit, they must raise the issue in a motion for summary judgment filed no later than 10/19/2023. All merits-related discovery is stayed until the Court resolves any exhaustion issues. Signed by Magistrate Judge Edie R. Ervin on 8/17/2023. (jbh)
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| Filing 16 Mail Returned Undeliverable as to Donald Felix Winnett re #5 Motion for Summons/Subpoena. (fjg) |
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Filing 15
ORDER adopting #9 Recommendation in its entirety; dismissing Mr. Winnett's proposed claims against Defendants Winston, Bolden, Payne and Evens, without prejudice; and instructing the Clerk to terminate Defendants Winston, Bolden, Payne, and Evens as party Defendants. Signed by Judge Billy Roy Wilson on 8/14/2023. (jbh)
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| Filing 14 NOTICE by Donald Felix Winnett. (llg) |
| Filing 13 OBJECTIONS to #9 Partial Recommended Disposition by Donald Felix Winnett. (llg) |
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Filing 12
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #11 Motion for Copies. The Clerk is instructed to provide Mr. Winnett a copy of docket entry #5. Signed by Magistrate Judge Edie R. Ervin on 08/08/2023. (smp)
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| Filing 11 MOTION for Copies by Donald Felix Winnett. (llg) |
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Filing 10
ORDER directing the Clerk of Court to prepare summonses for Defendants Walker and Cobbs; and directing the U.S. Marshal to serve Defendants Walker and Cobbs with a summons and a copy of the #2 complaint and #7 amended complaint (with any attachments), without requiring prepayment of fees and costs or security. Signed by Magistrate Judge Edie R. Ervin on 8/7/2023. (ldb)
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| Summons Issued as to Mary Cobbs, Keontis M Walker and forwarded to U.S. Marshal for service. (ldb) |
| Filing 9 PARTIAL RECOMMENDED DISPOSITION recommending Mr. Winnett's proposed claims against Defendants Winston, Bolden, Payne and Evens be dismissed, without prejudice, for failure to state a plausible constitutional claim for relief; and recommending the Clerk be instructed to terminate Defendants Winston, Bolden, Payne, and Evens as party Defendants. Objections due within 14 days of the date of this Recommendation. Signed by Magistrate Judge Edie R. Ervin on 8/3/2023. (jbh) |
| Filing 8 RESPONSE to #4 Order, by Donald Felix Winnett. (ldb) |
| Filing 7 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Donald Felix Winnett. (llg) |
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Filing 6
ORDER denying #5 Motion for Summons/Subpoena. Signed by Magistrate Judge Edie R. Ervin on 8/1/2023. (ldb)
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| Filing 5 MOTION for Summons/Subpoena by Donald Felix Winnett. (llg) |
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Filing 4
ORDER allowing Mr. Winnett to file an amended complaint within 30 days of the entry of this Order; and instructing the Clerk to provide Mr. Winnett, along with this Order, a blank 42 U.S.C. 1983 complaint form. Signed by Magistrate Judge Edie R. Ervin on 7/24/2023. (jbh)
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Filing 3
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS granting #1 IFP motion; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; and directing the Clerk of the Court to send a copy of this Order to the Arkansas Division of Correction Trust Fund Centralized Banking Office, the Arkansas Division of Correction Compliance Division, and the Warden of the Wrightsville Unit. Signed by Magistrate Judge Edie R. Ervin on 7/21/2023. (jbh)
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| NOTICE OF DOCKET CORRECTION re #2 Complaint. CORRECTION: The docket text was modified to include reference to jury demand as indicated in the document. (kdr) |
| Filing 2 COMPLAINT with jury demand against All Defendants filed by Donald Felix Winnett. (llg) (Docket text modified on 7/21/2023 to include reference to jury demand.) (kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Donald Felix Winnett. (llg) |
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