Purcell v. Pumphrey et al
Plaintiff: Cody Leighton Alen Purcell
Defendant: Captain Tracy Smith, Gina Butler, Kenny Purcell, Allen Pumphrey, Joseph Floyd and Sheriff Bobby Walraven
Case Number: 4:2020cv04080
Filed: September 15, 2020
Court: US District Court for the Western District of Arkansas
Presiding Judge: Barry A Bryant
Referring Judge: Susan O Hickey
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 12, 2020 Opinion or Order Filing 14 USM 285 FORM /SUMMONS Returned Executed by Cody Leighton Alen Purcell. Gina Butler; Joseph Floyd; Allen Pumphrey; Tracy Smith; Bobby Walraven served on 10/30/2020, answer due 11/20/2020. (cnn)
November 10, 2020 Opinion or Order Filing 13 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Gina Butler, Joseph Floyd, Allen Pumphrey, Kenny Purcell, Tracy Smith, Bobby Walraven.(Hollowell, Melissa)
November 9, 2020 Opinion or Order Filing 12 Summons Returned Unexecuted by Cody Leighton Alen Purcell as to Kenny Purcell. (mll)
October 5, 2020 Opinion or Order Filing 11 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Gina Butler, Joseph Floyd, Allen Pumphrey, Kenny Purcell, Tracy Smith, Bobby Walraven and USM285 Forms 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, #10 Order Directing Service. (mll)
October 5, 2020 Opinion or Order Filing 10 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Gina Butler, Joseph Floyd, Allen Pumphrey, Kenny Purcell, Tracy Smith, Bobby Walraven and granting 21 days to answer. Signed by Honorable Barry A. Bryant on October 5, 2020. (cc: U.S. Marshals Service).(mll)
October 5, 2020 Opinion or Order Filing 9 CLERK'S ORDER re PLRA Initial Fee directing Little River County Detention Center to collect from petitioner's prison account an initial partial filing fee of $19.80; 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. (mll)
October 5, 2020 Opinion or Order Filing 8 TEXT ONLY ORDER granting #5 Motion for Leave to Proceed in forma pauperis (42:1983). On October 5, 2020, Plaintiff filed a Supplement (ECF No. 7) containing a signed Certificate of Inmate Account and Assets. 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 October 5, 2020. (mlf)
October 5, 2020 Opinion or Order Filing 7 SUPPLEMENT by Plaintiff Cody Leighton Alen Purcell to #5 MOTION for Leave to Proceed in forma pauperis (42:1983). (mll)
September 30, 2020 Opinion or Order Filing 6 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, he failed to have the certification regarding inmate funds held in his name completed for the IFP application. For this reason, the Clerk is directed to send Plaintiff a blank Prisoner IFP Application. Plaintiff is given 21 days from the date of this Order to either have the certificate portion of the IFP application completed by the appropriate detention center official and return the application to the Court for review and filing or pay the 350.00 dollar filing fee and 50.00 dollar administrative fee, a total of 400.00 dollars. This case shall be subject to dismissal for failure to obey an order of the Court if Plaintiff fails to return the completed IFP application or pay the 400.00 dollar filing fee by the deadline. Completed IFP due by 10/21/2020. Signed by Honorable Barry A. Bryant on September 30, 2020. (mlf)
September 29, 2020 Opinion or Order Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Cody Leighton Alen Purcell. Motions referred to Barry A. Bryant.(mll)
September 15, 2020 Opinion or Order Filing 4 Magistrate Notice/Consent Form. (mll)
September 15, 2020 Opinion or Order Filing 3 ORDER that the matter has been provisionally filed as the undersigned finds that additional information is needed to rule on Plaintiff's IFP application. Specifically the Court requires the following information: completed IFP. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 10/9/2020. Signed by Honorable Barry A. Bryant on September 15, 2020. (mll)
September 15, 2020 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Cody Leighton Alen Purcell. Motions referred to Barry A. Bryant.(mll)
September 15, 2020 Opinion or Order Filing 1 COMPLAINT REFERRED (42:1983) against Gina Butler, Joseph Floyd, Allen Pumphrey, Kenny Purcell, Tracy Smith, Bobby Walraven filed by Cody Leighton Alen Purcell.(mll)

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Defendant: Captain Tracy Smith
Represented By: Melissa Hollowell
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Defendant: Gina Butler
Represented By: Melissa Hollowell
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Defendant: Kenny Purcell
Represented By: Melissa Hollowell
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Defendant: Allen Pumphrey
Represented By: Melissa Hollowell
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Defendant: Joseph Floyd
Represented By: Melissa Hollowell
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Defendant: Sheriff Bobby Walraven
Represented By: Melissa Hollowell
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Plaintiff: Cody Leighton Alen Purcell
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