McAlphin v. McConnell et al
| James McAlphin |
| B McConnell, Johnson, Arkansas Department of Correction and Bruce McConnell |
| 5:2019cv00361 |
| November 20, 2019 |
| US District Court for the Eastern District of Arkansas |
| Beth Deere |
| D P Marshall |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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Filing 18
ORDER granting #16 motion to supplement; instructing the Clerk of the Court to update the docket sheet to reflect that B. McConnell's full name is Bruce McConnell; and directing Defendant McConnell to respond to the motion for preliminary injunctive relief within 14 days of this Order. Signed by Magistrate Judge Beth Deere on 1/16/2020. (jbh)
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| Filing 17 NOTICE OF DOCKET CORRECTION re #16 Motion. CORRECTION: The original document was attached to the docket in error (missing case number) due to a clerical mistake by the Clerk's office. The correct document was added as an attachment to #16 docket entry and is attached hereto for review by the parties. (cmn) |
| Filing 16 MOTION to Supplement #3 Motion for Preliminary Injunction and Expand the Record/Request Ruling by James McAlphin. (kdr) (Additional attachment(s) added on 1/14/2020: #1 Main Document - Correct) (cmn). |
| Filing 15 SUMMONS Returned Executed. B McConnell served on 12/16/2019. (fjg) |
| Filing 14 ANSWER to #2 Complaint with Jury Demand by B McConnell.(Jegley, Amanda) |
| Filing 13 NOTICE of Appearance by Amanda J. Jegley on behalf of B McConnell (Jegley, Amanda) |
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Filing 12
ORDER adopting #6 Partial Recommendation as modified and partly sustaining #9 Objections. McAlphin's claims against the Department are dismissed with prejudice. The modification: read liberally, McAlphin's complaint alleges an ongoing danger because of his repeated placement near an enemy. His claims about the alleged failure to protect him from the 2017 attached therefore stay in for now. McAlphin hasn't shown any ongoing danger related to his medical care after the 2017 attack. Those claims are therefore dismissed without prejudice; if McAlphin wants to pursue that slice of his case, then he must pay the $400 filing and administrative fees. Signed by Chief Judge D. P. Marshall Jr. on 1/6/2020. (jak)
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Filing 11
ORDER denying without prejudice #10 motion for an immediate ruling. Signed by Magistrate Judge Beth Deere on 12/17/2019. (jbh)
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| Filing 10 MOTION for Ruling by James McAlphin. (ljb) |
| Filing 9 OBJECTION to #6 Partial Recommended Disposition by James McAlphin. (ljb) |
| Filing 8 EXHIBITS filed by James McAlphin. (ljb) |
| Filing 7 JUDICIAL NOTICE by James McAlphin. (llg) |
| Filing 6 PARTIAL RECOMMENDED DISPOSITION recommending claims against ADC be dismissed, with prejudice; and recommending Mr. McAlphin be required to pay a $400 filing fee if he elects to proceed with claims related to the 2017 incident or face dismissal of those claims. Objections due within 14 days. Signed by Magistrate Judge Beth Deere on 12/6/2019. (jbh) |
| NOTICE OF DOCKET CORRECTION re #4 Order. CORRECTION: The docket text was modified to correct the description to include "INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS" as marked on the document. (cmn) |
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Filing 5
ORDER directing the Clerk of Court to prepare a summons for Defendant McConnell; and directing the Marshal to serve Defendant McConnell with a copy of the #2 complaint (with any attachments), and a summons, without requiring prepayment of fees and costs or security. The Court will address Mr. McAlphin's remaining claims in a separate filing. Signed by Magistrate Judge Beth Deere on 11/26/2019. (jbh)
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Filing 4
INITIAL ORDER FOR PRO SE PRISONER-PLAINTIFFS granting #1 IFP motion; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; and directing the Clerk of the Court to send a copy of this Order to the ADC Trust Fund Centralized Banking Office, the ADC Compliance Division, and the Warden of the Varner Supermax. Signed by Magistrate Judge Beth Deere on 11/26/2019. (jbh) (Docket text modified on 11/29/2019 to correct description.)(cmn)
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| Summons Issued as to B McConnell and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 3 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order by James McAlphin. (kdr) |
| Filing 2 COMPLAINT against All Defendants, filed by James McAlphin.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by James McAlphin. (kdr) |
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