Smith v. Johnson et al

Plaintiff: James Edward Smith
Defendant: Sammy D Johnson, T Dobbs, Douglas E Boultinghouse and Justine M Minor
Case Number: 5:2012cv00409
Filed: October 30, 2012
Court: Arkansas Eastern District Court
Office: Pine Bluff Office
County: Jefferson
Presiding Judge: D. P. Marshall
Referring Judge: H. David Young
Nature of Suit: Prison Condition: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
October 12, 2017 88 Opinion or Order of the Court ORDER: If Smith wants to appeal, then he must either pay the $505 appellate filing fee or file an application to proceed in forma pauperis on appeal, No. 84 . If the Court grants Smith permission to proceed in forma pauperis, then the $505 appellate filing fee will be deducted from his prison trust account in monthly installments. And if Smith doesn't respond to the Clerk's appellate filing fee notice by 10/30/2017, then this monthly payment schedule for the remainder of the filing fee. The Court directs Davis to take Smith a copy of this Order and to visit with him in person about the proposed pro se appeal, the pending recommendation, and the representation issue. Davis must file a status report about these issues as soon as practicable, and no later than 10/30/2017. The Court extends the time for any party to object to the recommendation until 11/15/2017. Signed by Judge D. P. Marshall Jr. on 10/12/2017. (jak)
September 15, 2017 80 Opinion or Order of the Court ORDER denying without prejudice 77 Motion for Reconsideration. The Court appointed counsel for Smith. Smith must speak to the Court only through his lawyer. 78 Motion denied as moot. Signed by Judge D. P. Marshall Jr. on 9/15/2017. (jak)
August 25, 2017 75 Opinion or Order of the Court ORDER adopting 71 Recommendation and overruling 74 Smith's objections. 61 Motion for Summary Judgment granted. Smith's claims against Johnson will be dismissed with prejudice. The Court asks Smith to review the Arkansas law on persona l service in these circumstances and supplement his motion by 9/15/2017. If Smith's claims against Dobbs proceed to jury trial on the merits or on damages, then that trial will be on Monday, 2/26/2018. The Court will enter a Final Scheduling Order soon. The Court returns this case to Magistrate Judge Harris for further proceedings. Signed by Judge D. P. Marshall Jr. on 8/25/2017. (jak)
June 20, 2013 27 Opinion or Order of the Court JUDGMENT re 26 Order Adopting Report and Recommendations. Smith's claims against Johnson are dismissed with prejudice; his claims against Dobbs are dismissed without prejudice. The failure-to-protect and conditions-of-confinement claims against Boultinghouse and Minor are dismissed with prejudice. An ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 6/20/13. (kpr)
December 27, 2012 7 Opinion or Order of the Court ORDER ADOPTING IN PART 4 REPORT AND RECOMMENDATIONS as follow: Smith's failure to protect claims against Boltinghouse and Minor are dismissed without prejudice because he could fill the gap about their involvement by amendment; his potential conditions of confinement claim is dismissed without prejudice for the same reason; the legal defects in Smith's false-disciplinary and due-process claims cannot be fixed by amendment, and those claims are therefore dismissed with prejudice.Signed by Judge D. P. Marshall Jr. on 12/21/2012. (jak)

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Plaintiff: James Edward Smith
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Defendant: Sammy D Johnson
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Defendant: T Dobbs
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Defendant: Douglas E Boultinghouse
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Defendant: Justine M Minor
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