McClellan v. Nash et al
| David M McClellan |
| Rick D Nash, Brandon Harris and Does All Active and/or Sitting Federal Judges; All Federal District and Appeallate Courthouses; All Active and/or Sitting State Judges; All Municipal, Juvenile, Probate and/or State Circuit Judges & Courthouses |
| Rickey Ashley |
| 4:2025cv00381 |
| April 21, 2025 |
| U.S. District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| 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 October 7, 2025. A more recent docket listing may be available from PACER.
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| Filing 26 USCA JUDGMENT as to #11 Notice of Appeal filed by Rickey Ashley: The judgment of the district court is summarily affirmed. The motion to proceed on appeal in forma pauperis is denied as moot. (jbh) |
Filing 25
ORDER of USCA as to #11 Notice of Appeal filed by Rickey Ashley: On the Court's own motion, appellant's response to the show cause is now due 10/2/2025. (jbh)
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Filing 24
ORDER of USCA as to #11 Notice of Appeal filed by Rickey Ashley: The district court has determined that Appellant has three "strikes" under 28 U.S.C. 1915(g). Accordingly, Appellant may not proceed in this appeal without first paying the full appellate docketing fee. Appellant is directed to either pay to the Clerk of the United States District Court the full appellate docketing fee of $605 or to file a pleading in this court explaining why Appellant is eligible under 28 U.S.C. 1915(g) to proceed without pre-payment of the fee, and submit a motion for leave to proceed in forma pauperis in this court. If Appellant fails to either pay the fee or respond to this order with the required pleading and motion within 30 days of the date of this order, the appeal will be dismissed for failure to prosecute. Compliance is due 8/18/2025. (jbh)
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Filing 23
ORDER of USCA as to #11 Notice of Appeal filed by Rickey Ashley: This court's #17 order for appellant to pay the filing and docketing fee issued on 6/16/2025 and this court's #22 order for appellant to show cause as to why the filing and docketing fees issued on 7/18/2025 are hereby vacated. (jbh)
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Filing 22
ORDER of USCA as to #11 Notice of Appeal filed by Rickey Ashley: The appellant has failed to pay to the Clerk of the United States District Court the requisite docketing fees or to file a motion for leave to proceed in forma pauperis, as directed by the 6/16/2025 order. Accordingly, appellant is directed to show cause, within 14 days of the date of this order, why this appeal should not be dismissed for failure to prosecute. (jbh) (VACATED per #23 Order of USCA.) (jbh)
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| Filing 21 Mail Returned Undeliverable as to David M McClellan re #11 Notice of Appeal, #12 Motion for Leave to Appeal in forma pauperis, #13 Notification of Appeal and NOA Supplement. (fjg) |
| Filing 20 Mail Returned Undeliverable as to Rickey Ashley re #11 Notice of Appeal, #12 Motion for Leave to Appeal in forma pauperis, #13 Notification of Appeal and NOA Supplement. (fjg) |
| Filing 19 Mail Returned Undeliverable as to David M McClellan re 16 Text Entry Only Order. (fjg) |
| Filing 18 Mail Returned Undeliverable as to Rickey Ashley re 16 Text Entry Only Order. (fjg) |
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Filing 17
ORDER of USCA as to #11 Notice of Appeal filed by Rickey Ashley: The $605 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. If appellant does not pay the fee or move for IFP status by 6/14/2025, this appeal may be dismissed for failure to prosecute without further notice. (jbh) (VACATED per #23 Order of USCA.) (jbh)
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Filing 16
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #12 Motion for Leave to Appeal in forma pauperis based on the 28 U.S.C. 1915(a)(3) certification in the #8 Order of Dismissal and #9 Judgment. The Court additionally notes that Rickey Ashley is not a party to this case. Signed by Judge Lee P. Rudofsky on 6/16/2025. (hml)
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Filing 15
ORDER of USCA as to #11 Notice of Appeal filed by Rickey Ashley: 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 14 USCA Docketing Letter as to #11 Notice of Appeal filed by Rickey Ashley. USCA Case Number 25-2184. (jbh) |
| Filing 13 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to #11 Notice of Appeal re #7 Order. (jbh) |
| Filing 12 MOTION for Leave to Appeal in forma pauperis by Rickey Ashley. (jbh) |
| Filing 11 NOTICE OF APPEAL as to #7 Order by Rickey Ashley. (jbh) |
| Filing 10 APPELLATE FILING FEE NOTICE to Plaintiff. (ldb) |
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Filing 9
JUDGMENT: Consistent with #8 Order and prior Orders in this case, all claims in this case are hereby dismissed without prejudice. The Court certifies that an in forma pauperis appeal from this Judgment or any related Orders would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 6/5/2025. (ldb)
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Filing 8
ORDER dismissing, without prejudice, Mr. McClellan's #2 Complaint; and certifying that an in forma pauperis appeal from this Order or the accompanying Judgment would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 6/5/2025. (ldb)
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Filing 7
ORDER denying #5 Rickey Ashley's Motion for Leave to File Amicus Brief and #6 IFP Motion. Signed by Magistrate Judge Benecia B. Moore on 5/29/2025. (kdr)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by Rickey Ashley. (ldb) |
| Filing 5 MOTION for Leave to File Amicus Brief by Rickey Ashley. (ldb) |
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Filing 4
ORDER denying, without prejudice, #1 IFP Motion; directing the Clerk to send Plaintiff a blank IFP Motion, including the necessary Certificate and Calculation Sheet; directing the Plaintiff to, within 30 days of the date of this Order, either pay the $405 filing fee in full, or complete and sign the IFP Motion, including the necessary Calculation and Certificate forms, and return it to the Clerk; directing Prison officials to assist Plaintiff in completing the Calculation and Certificate forms; directing the Clerk to mail Plaintiff a 1983 complaint form that is labeled "Amended Complaint"; and allowing Plaintiff to file, within 30 days of the date of this Order, an Amended Complaint containing the facts necessary to support his own claims. Signed by Magistrate Judge Benecia B. Moore on 4/24/2025. (ldb)
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Filing 3
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 03/21/2023. (llg)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by David M McClellan. (llg) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by David M McClellan. (llg) |
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