Porter v. McJunkins et al
| Johnny Ray Porter |
| Sheriff Brian McJunkins, Louis Boeling and Chief Deputy Joey Davis |
| 4:2023cv04085 |
| September 12, 2023 |
| 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 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 Mail Returned as Undeliverable marked Retun to Sender. Mail originally sent to Johnny Ray Porter at Omega SSP Unit. Resent to Sober Living, 4201 Barrow Road, Little Rock, AR 72204.(mll) |
| Filing 14 TEXT ONLY ORDER denying Plaintiff's #9 Motion to Change Venue as MOOT. On October 12, 2023, Plaintiff filed the instant Motion while he was housed in the Omega Unit of the Arkansas Department of Corrections. Plaintiff requested, in his Motion, the Court to order he not be returned to the Howard County Jail "in the next two weeks." (ECF No. 9). The Court received a Notice of Change of Address for Plaintiff on October 30, 2023. (ECF No. 13). This Notice states Plaintiff is now residing in a Sober Living unit in Little Rock, Arkansas. Accordingly, Plaintiff's request not to be returned to Howard County Jail is moot. Signed by Honorable Barry A Bryant on November 1, 2023. (awl) Modified on 11/1/2023.(mll) |
| Filing 13 NOTICE of Change of Address for Johnny Porter. There are no documents to resend. (bjb) |
| Filing 12 SUMMONS Returned Executed by Johnny Ray Porter. Louis Boeling served on 10/16/2023, answer due 11/6/2023; Joey Davis served on 10/16/2023, answer due 11/6/2023; Brian McJunkins served on 10/16/2023, answer due 11/6/2023.(mll) |
| Filing 11 TEXT ONLY BENCH ORDER. If Defendant(s) intend to pursue a defense, pursuant to the Prison Litigation Reform Act, 42 U.S.C. 1997(e)(a), that Plaintiff failed to exhaust his/her administrative remedies before filing this lawsuit, Defendant(s) must raise the issue in a motion for summary judgment filed no later than 45 days from the date of this Order. All discovery is stayed until the Court resolves any exhaustion issues. If Defendant(s) do(es) not intend to pursue an exhaustion defense, the Defendant(s) should PROMPTLY file a notice so stating. Summary Judgment Motion due by 12/11/2023. Signed by Honorable Barry A Bryant on October 27, 2023. (awl) |
| Filing 10 ANSWER to #1 Complaint Referred (42:1983) by Louis Boeling, Joey Davis, Brian McJunkins.(Heaton, Colin) |
| Filing 9 MOTION to Change Venue by Johnny Ray Porter. Motions referred to Barry A Bryant.(mll) |
| Filing 8 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Louis Boeling, Joey Davis, Brian McJunkins 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, #7 Order Directing Service. (mll) |
Filing 7
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Louis Boeling, Joey Davis, Brian McJunkins and granting 21 days to answer. Signed by Honorable Barry A Bryant on October 4, 2023. (cc: U.S. Marshals Service)(mll)
|
| Filing 6 CLERK'S AMENDED ORDER re PLRA Initial Fee directing Omega SSP Unit to collect from petitioner's prison account an initial partial filing fee of $3.97; 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office)(mll) (Main Document 6 replaced on 9/27/2023) (mll). |
| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Omega SSP to collect from petitioner's prison account an initial partial filing fee of $3.97; 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: Omega SSP Unit, AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office). (tg) |
| Filing 4 Magistrate Notice/Consent Form (tg) |
|
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 $350.00 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. Signed by Honorable Barry A Bryant on September 12, 2023. (tg)
|
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Johnny Ray Porter. Motions referred to Barry A Bryant.(tg) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Louis Boeling, Joey Davis, Brian McJunkins, filed by Johnny Ray Porter.(tg) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arkansas Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
