Yancey v. Payne et al
Plaintiff: John B Yancey, Jr
Defendant: Dexter Payne, D Earl, James Dycus, Lewis and Nicholas Parker
Case Number: 4:2024cv00514
Filed: June 14, 2024
Court: U.S. District Court for the Eastern District of Arkansas
Presiding Judge: Brian S Miller
Nature of Suit: Prison Condition: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 8, 2024 Filing 8 APPELLATE FILING FEE NOTICE to Plaintiff. (ljb)
July 8, 2024 Opinion or Order Filing 7 JUDGMENT: Consistent with #6 order entered today, this case is dismissed without prejudice. Signed by Judge Brian S. Miller on 7/8/2024. (ljb)
July 8, 2024 Opinion or Order Filing 6 ORDER adopting #3 recommended disposition; dismissing without prejudice #2 John Yancey's complaint for failure to state a claim upon which relief may be granted; counting this dismissal as a "strike" for the purposes of 28 United States Code section 1915(g); certifying that an in forma pauperis appeal from this order and accompanying judgment would not be taken in good faith; and denying as futile Yancey's request to amend his complaint in his #5 response to the recommended disposition because the proposed amendment would not survive screening. Signed by Judge Brian S. Miller on 7/8/2024. (ljb)
July 5, 2024 Filing 5 RESPONSE to #3 Proposed Findings and Recommendations by John B Yancey, Jr. (llg)
June 18, 2024 Opinion or Order Filing 4 ORDER granting #1 Motion to Proceed in forma pauperis; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; and directing the Clerk to forward a copy of this Order to the Warden of the Tucker Unit of the ADC and the appropriate ADC Offices. Signed by Magistrate Judge Jerome T. Kearney on 6/18/2024. (ldb)
June 18, 2024 Opinion or Order Filing 3 PROPOSED FINDINGS AND RECOMMENDATIONS recommending #1 Plaintiff's Complaint be DISMISSED without prejudice for failure to state a claim upon which relief may be granted. The Court recommends that this dismissal count as a strike. The Court certifies that an in forma pauperis appeal from any Order adopting these recommendations and accompanying Judgment would not be taken in good faith. Objections are due to be received by the Clerk of this Court within 14 days of this Recommendation. Signed by Magistrate Judge Jerome T. Kearney on 06/18/2024. (lmc)
June 14, 2024 Filing 2 COMPLAINT with Jury Demand against All Defendants filed by John B Yancey, Jr. (llg)
June 14, 2024 Filing 1 MOTION for Leave to Proceed in forma pauperis by John B Yancey, Jr. (llg)

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Defendant: Dexter Payne
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Defendant: D Earl
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Defendant: James Dycus
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Defendant: Lewis
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Defendant: Nicholas Parker
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Plaintiff: John B Yancey, Jr
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