Clark v. Payne et al
| Phillip Clark |
| Dexter Payne, William F Straughn, Todd Ball, Lynda Gerber, Randall, Linda Southern and Rodney Brown |
| 4:2025cv01294 |
| December 15, 2025 |
| U.S. District Court for the Eastern District of Arkansas |
| Kristine G Baker |
| Jerome T Kearney |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on April 21, 2026. A more recent docket listing may be available from PACER.
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Filing 20
INITIAL SCHEDULING ORDER: The parties shall complete discovery on or before 10/23/2026, and file any dispositive motions on or before 11/23/2026. A Motion based on failure to exhaust must be filed by 06/23/2026. Signed by Magistrate Judge Jerome T. Kearney on 04/21/2026. (lmc)
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Filing 19
ORDER directing the Clerk of the Court to change the style of the case to reflect the full and correct name of Defendants Todd Ball, Rodney Brown, and Linda Southern. Signed by Magistrate Judge Jerome T. Kearney on 04/21/2026. (llg)
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| NOTICE OF DOCKET CORRECTION re #18 Answer. CORRECTION: The docket text was modified to remove duplicate text. (jak) |
| Filing 18 ANSWER to #7 Amended Complaint, #1 Complaint with Jury Demand by Todd Ball, A Brown, L Southern.(Diggs, Sharnae)(Docket text modified on 4/17/2026 to remove duplicate text) (jak) |
| Filing 17 NOTICE of Appearance by Sharnae Yvonne Diggs on behalf of Todd Ball, A Brown, L Southern (Diggs, Sharnae) |
| Filing 16 SUMMONS Returned Executed. A Brown served on 3/25/2026. (ajs) |
| Filing 15 SUMMONS Returned Executed. L Southern served on 3/25/2026. (ajs) |
| Filing 14 SUMMONS Returned Executed. Todd Ball served on 3/25/2026. (ajs) |
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Filing 13
ORDER granting #12 Plaintiff Phillip Clark's Motion to Extend Time. Plaintiff's deadline to submit objections to the pending #10 Proposed Findings and Recommendations is extended up to and including 04/24/2026. Signed by Magistrate Judge Jerome T. Kearney on 03/26/2026. (lmc)
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| Filing 12 MOTION to Extend Time by Phillip Clark. (ajs) |
| Filing 11 OBJECTION to #10 Proposed Findings and Recommendations, by Phillip Clark. (ajs) |
| Filing 10 PROPOSED FINDINGS AND RECOMMENDATIONS recommending #7 Plaintiff's claim that he was not refunded his $499 course cost be DISMISSED without prejudice for failure to state a claim on which relief may be granted; Plaintiff's breach of contract claim against Defendant Gerber be severed from this action as improperly joined; Plaintiff's supervisory claims against Defendants Payne, Straughn, and Randall be DISMISSED without prejudice for failure to state a claim on which relief may be granted; Plaintiff's official capacity damages claims be DISMISSED without prejudice for failure to state a claim on which relief may be granted; and Defendants Gerber, Payne, Straughn, and Randall be TERMINATED as parties to this action. 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 03/09/2026. (lmc) |
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Filing 9
ORDER directing the Clerk of the Court to prepare Summonses for Defendants Todd Ball, L. Southern, and A. Brown; and directing the U.S. Marshal to serve a copy of #1 , #7 Complaint, as amended, Summons, and this Order on each of these Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Jerome T. Kearney on 3/9/2026. (ldb)
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Filing 8
INITIAL ORDER FOR PRO SE PRISONER PLAINTIFFS. Signed by Magistrate Judge Jerome T. Kearney on 03/09/2026. (lmc)
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| Summons Issued as to Todd Ball, A Brown, L Southern and forwarded to U.S. Marshal for service. (ldb) |
| Filing 7 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Phillip Clark. (llg) |
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Filing 6
ORDER directing Plaintiff to submit an Amended Complaint for the Court's review, within 30 days from the date of this Order, if he wishes; and directing the Clerk of the Court to mail Plaintiff a blank 1983 Complaint form. Signed by Magistrate Judge Jerome T. Kearney on 1/22/2026. (ldb)
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Filing 5
ORDER granting #3 , #4 IFP Motion; 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 EARU of the ADC and the appropriate ADC Offices. Signed by Magistrate Judge Jerome T. Kearney on 1/22/2026. (ldb)
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Phillip Clark. (ajs) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Phillip Clark. (ajs) |
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Filing 2
ORDER directing Plaintiff to submit either the $405 statutory filing fee or an In Forma Pauperis Motion within 30 days of the entry date of this Order; and directing the Clerk to send to Plaintiff an In Forma Pauperis Motion, together with the filing fee calculation sheet. Signed by Magistrate Judge Jerome T. Kearney on 12/16/2025. (ldb)
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| Filing 1 COMPLAINT against All Defendants, filed by Phillip Clark. (ajj) |
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