Kimery v. Arkansas Department of Corrections et al
Plaintiff: Fielding Vaughn Kimery
Defendant: Aundrea Culclager, Doe, Marshal Dale Reed, P Smith, Dexter Payne, James Gibson, Anthony Jackson, Bradon Carroll and Arkansas Department of Corrections
Case Number: 4:2024cv00652
Filed: July 31, 2024
Court: U.S. District Court for the Eastern District of Arkansas
Presiding Judge: James M Moody
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 November 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2024 Filing 14 NOTICE by Fielding Vaughn Kimery. (ajj)
September 16, 2024 Filing 13 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Fielding Vaughn Kimery. (ldb)
September 16, 2024 Filing 12 MOTION for Leave to Proceed in forma pauperis by Fielding Vaughn Kimery. (ldb)
September 16, 2024 Opinion or Order Filing 11 RECOMMENDED DISPOSITION that the complaint be dismissed without prejudice due to a lack of prosecution. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting this recommendation and the accompanying judgment 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 9/16/2024. (lej)
September 9, 2024 Opinion or Order Filing 10 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #9 Motion for Copies. Although not clear, it appears Plaintiff seeks a copy of his 282 page complaint saying he has not received a copy after filing. This is Plaintiff's third motion for copies. Until Plaintiff pays the filing fee or files a properly completed Motion to Proceed Without Payment of Fees, the Court will not entertain this request. (See Doc. No. 2.) Accordingly, the motion is denied. Signed by Magistrate Judge Joe J. Volpe on 9/9/2024. (lej)
September 6, 2024 Filing 9 MOTION for Copies by Fielding Vaughn Kimery. (ajj)
September 4, 2024 Opinion or Order Filing 8 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part #5 Motion for Copies. The Clerk shall mail a docket sheet to Plaintiff. Motion to Appoint Counsel is denied #6 . A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action but the Court may appoint counsel at its discretion. 28 U.S.C. 1915(e)(1). The Court has considered Plaintiff's need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual complexity of the case, the Plaintiff's ability to investigate and present the case, and the complexity of the legal issues. In considering these factors, the Court finds that Plaintiff's claims do not appear legally or factually complex, and it appears Plaintiff is capable of prosecuting these claims without appointed counsel. Signed by Magistrate Judge Joe J. Volpe on 9/4/2024. (lej)
September 3, 2024 Filing 7 NOTICE by Fielding Vaughn Kimery. (ajj)
September 3, 2024 Filing 6 MOTION to Appoint Counsel by Fielding Vaughn Kimery. (ajj)
September 3, 2024 Filing 5 MOTION for Copies by Fielding Vaughn Kimery. (ajj)
August 27, 2024 Opinion or Order Filing 4 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #3 Motion for Copies. Plaintiff seeks a copy in writing of all testimony and all prior transcripts because these documents have never been produced before because of this court's use of falsified electronic recordings to block all access by telecommunication and teleconferencing. I am unable to determine what it is that Plaintiff seeks as this is only the third document filed in this matter. Accordingly, the motion is denied. Signed by Magistrate Judge Joe J. Volpe on 8/27/2024. (lej)
August 26, 2024 Filing 3 MOTION for Copies by Fielding Vaughn Kimery. (llg)
August 13, 2024 Opinion or Order Filing 2 ORDER that the Clerk shall mail Plaintiff a 1983 complaint form, IFP Application for individuals in custody, and a Calculation Sheet. Plaintiff must, within 30 days of the entry of this order: (a) file an Amended Complaint pursuant to the instructions herein: and (b) either pay the $402 filing fee in full or file an IFP Application along with a Calculation Sheet. Signed by Magistrate Judge Joe J. Volpe on 8/13/2024. (lej)
July 31, 2024 Filing 1 COMPLAINT against All Defendants, filed by Fielding Vaughn Kimery. (ldb)

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Defendant: Aundrea Culclager
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Defendant: Doe
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Defendant: Marshal Dale Reed
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Defendant: P Smith
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Defendant: Dexter Payne
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Defendant: James Gibson
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Defendant: Anthony Jackson
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Defendant: Bradon Carroll
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Defendant: Arkansas Department of Corrections
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Plaintiff: Fielding Vaughn Kimery
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