Pratt v. Cearly et al
| Barry Pratt, Jr |
| Deputy Cearly and Lieutenant Billy Perry |
| 1:2022cv01040 |
| July 22, 2022 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
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Filing 16
ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Deputy Cearly, Billy Perry.(Owens, Jason)
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Filing 15
TEXT ONLY ORDER granting #13 Motion for Leave to file Answer out of time. The Court finds there is good cause to allow Defendants to file their answer and no party will be prejudiced. Signed by Honorable Barry A Bryant on September 8, 2022. (mlf)
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Filing 14
MEMORANDUM BRIEF in Support of #13 MOTION for Leave to File Answer Out of Time by Deputy Cearly, Billy Perry. (Owens, Jason)
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Filing 13
MOTION for Leave to File Answer Out of Time by Deputy Cearly, Billy Perry. (Attachments: #1 Exhibit A - Answer)Motions referred to Barry A Bryant.(Owens, Jason)
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Filing 12
SUMMONS Returned Executed by Barry Pratt, Jr. Billy Perry served on 8/5/2022, answer due 8/26/2022. (lgd) Modified on 8/24/2022 to correct answer due and service date (cnn).
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Filing 11
TEXT ONLY ORDER REGARDING In Forma Pauperis Application. On August 17, 2022, Plaintiff filed a Notice of Change of Address indicating that he has now been released from custody. (ECF No. 10). When a Plaintiff is released from confinement, the policy of the Court is to require re-submission of affidavits to determine whether he should be required to pay all, or a portion of, the fees and costs of the lawsuit. If Plaintiff wishes to proceed with this lawsuit, he is directed to pay the balance of the 350.00 dollar filing fee, or to resubmit an IFP application which reflects his free-world financial status within 21 days of the date of this Order. IT IS THEREFORE ORDERED THAT: the Clerk is directed to send a blank IFP Application to the Plaintiff. Plaintiff is directed to submit the balance of the 350.00 dollar filing fee or complete and sign the IFP Application within 21 days. This case shall be subject to dismissal if Plaintiff fails to pay the 350.00 dollar filing fee or resubmit an IFP application by the deadline. CLERK TO FOLLOW UP Completed IFP due by 9/8/2022. Signed by Honorable Barry A Bryant on August 18, 2022. (mlf)
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Filing 10
NOTICE of Change of Address for Barry Pratt, Jr. There are no documents to resend.(mll)
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Filing 9
TEXT ONLY ORDER denying #8 Motion for Discovery. Plaintiff's motion is premature as Defendants have not yet been served with the Complaint. In addition, Plaintiff must submit his discovery requests directly to Defendants and give them 30 days to respond to those requests before he seeks assistance from the Court. Signed by Honorable Barry A Bryant on August 8, 2022. (mlf) Modified on 8/10/2022 to add text(tg).
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Filing 8
MOTION for Discovery by Barry Pratt, Jr. Motions referred to Barry A Bryant.(bjb)
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Filing 7
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Deputy Cearly, Billy Perry and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred (42:1983), #4 Magistrate Notice/Consent Form, #6 Order Directing Service. (cnn)
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Filing 6
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Deputy Cearly, Billy Perry and granting 21 days to answer. Signed by Honorable Barry A Bryant on July 26, 2022. (cc: U.S. Marshals Service-Certified).(cnn)
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Filing 5
CLERK'S ORDER re PLRA Initial Fee directing Union County Detention Center to collect from petitioner's prison account an initial partial filing fee of $4.62; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full (cc: Sheriff, Union County).(mll) (Main Document 5 replaced on 7/25/2022 to add prisoner ID#) (cnn).
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Filing 4
Magistrate Notice/Consent Form.(mll)
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis (42:1983). Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the filing fee from the Plaintiff.Plaintiff is advised that he is required to immediately inform the Court of any change of address. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of the new address. Plaintiff shall submit a change of address on a separate piece of paper entitled Notice to the Court of Change of Address and not include any motions or otherwise request relief in this document. The notice shall contain only information pertaining to the address change. The case will be subject to dismissal if Plaintiff fails to inform the Court of an address change. The Clerk is directed to collect the filing fee in the amount of $350.00. Signed by Honorable Barry A Bryant on July 22, 2022.(mll)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (42:1983) by Barry Pratt, Jr. Motions referred to Barry A Bryant.(mll)
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Filing 1
COMPLAINT REFERRED (42:1983) against Deputy Cearly, Billy Perry filed by Barry Pratt, Jr.(mll)
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