Burns v. Avery et al
| Austin Jay Burns |
| Kedrick R Avery and Kenneth Wayne Starks |
| 5:2017cv00223 |
| August 24, 2017 |
| US District Court for the Eastern District of Arkansas |
| Pine Bluff Office |
| Lincoln |
| J. Leon Holmes |
| J. Thomas Ray |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
87
JUDGMENT entered in favor of Kedrick R. Avery on the claims of Austin Jay Burns. The complaint of Austin Jay Burns is therefore dismissed with prejudice. Signed by Judge J. Leon Holmes on 9/10/2019. (ljb)
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Filing
57
ORDER adopting 54 Partial Recommended Disposition in its entirety; and denying 35 Defendant Avery's motion for summary judgment. Plaintiff Burns's excessive form claim must be resolved by a jury trial. Signed by Judge J. Leon Holmes on 3/8/2019. (ljb)
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Filing
28
ORDER approving and adopting in its entirety the 20 Recommendations as this Court's findings in all respects; directing the Clerk to file a copy of Burns's 16 response to the motion to dismiss as his second amended complaint; granting i n part and denying in part 9 defendants' motion to dismiss; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Burns's inadequate nutrition claim against Avery, Budnik, and Starks is dismiss ed without prejudice. Budnik and Starks are dismissed without prejudice as defendants in this action. Burns is allowed to proceed with his excessive force claim against Avery in his individual capacity. Signed by Judge J. Leon Holmes on 4/3/2018. (ljb)
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Filing
25
ORDER approving and adopting in its entirety 18 Recommendation as this Court's findings in all respects; denying 17 Burns's motion for a transfer, which has been construed as a motion for a preliminary injunction; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 3/15/2018. (ljb)
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Filing
7
ORDER approving and adopting in its entirety the 6 Recommendation as this Court's findings in all respects. Burns may proceed with his excessive force and inadequate nutrition claims against Avery, Budnik, and Starks in their individual capac ities only. All other claims raised in the Complaint and Amended Complaint are dismissed without prejudice. The Clerk is directed to prepare a summons for Avery, Budnik, and Starks and the U.S. Marshal is directed to serve the complaint, amended complaint, and this Order without prepayment of fees and costs or security therefor. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 12/5/2017. (ljb)
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Filing
6
RECOMMENDED PARTIAL DISPOSITION recommending that Burns be allowed to proceed with his excessive force and inadequate nutrition claims against Avery, Budnik, and Starks, in their individual capacities only; service be ordered on Avery Budnik, and Sta rks; all other claims in the Complaint and Amended Complaint be dismissed, without prejudice; and the Court certify that an in forma pauperis appeal from any Order adopting this Recommendation would not be taken in good faith. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge J. Thomas Ray on 11/13/2017. (kdr)
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