Ardwin v. Smith et al
Plaintiff: Brian Keith Ardwin
Defendant: Captain Tracey Smith, Jail Administrator Gina Butler and Sheriff Bobby Walraven
Case Number: 4:2023cv04089
Filed: September 20, 2023
Court: US District Court for the Western District of Arkansas
Presiding Judge: Barry A Bryant
Referring Judge: Christy D Comstock
2 Judge: Susan O Hickey
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 11, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2023 Filing 14 Mail Returned as Undeliverable marked RTS unable to forward. Mail originally sent to Brian Keith Ardwin at Little River County Detention Center including 11 Bench Order PC cases - TEXT ONLY. Resent to 745 Westside Drive, Lot 22, Ashdown, AR. (lgd)
November 6, 2023 Filing 13 Mail Returned as Undeliverable marked Return to sender. Not deliverable as addressed. Unable to forward. Mail originally sent to Brian Keith Ardwin at Little River County Detention Center including Memo of Reassignment. Resent to 745 Westside Drive, Lot 22, Ashdown, AR 71822 per address provided on envelope returned.(mll)
October 25, 2023 Filing 12 SUMMONS Returned Executed by Brian Keith Ardwin. Tracey Smith served on 10/5/2023, answer due 10/26/2023; Bobby Walraven served on 10/5/2023, answer due 10/26/2023.(mll)
October 24, 2023 Filing 11 TEXT ONLY BENCH ORDER. If Defendants 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 administrative remedies before filing this lawsuit, Defendants 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 Defendants do not intend to pursue an exhaustion defense, the Defendants should PROMPTLY file a notice so stating. Summary Judgment Motion due by 12/8/2023. Signed by Honorable Christy D. Comstock on October 24, 2023. (ksb)
October 24, 2023 Filing 10 ANSWER to #8 Amended Complaint, #1 Complaint Referred (42:1983) with Jury Demand , ANSWER to #8 Amended Complaint, #1 Complaint Referred (42:1983) with Jury Demand by Gina Butler, Tracey Smith, Bobby Walraven.(Dugger, Melissa)
October 16, 2023 Filing 9 SUMMONS Returned Executed by Brian Keith Ardwin. Gina Butler served on 10/10/2023, answer due 10/31/2023.(mll)
October 12, 2023 TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. (hnc)
October 2, 2023 Filing 8 AMENDED COMPLAINT with Jury Demand against Bobby Walraven, Gina Butler, Tracey Smith filed by Brian Keith Ardwin. Related document: #1 Complaint Referred (42:1983) filed by Brian Keith Ardwin.(mll)
September 29, 2023 Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Gina Butler, Tracey 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, #6 Order Directing Service.(mll)
September 29, 2023 Opinion or Order Filing 6 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Gina Butler, Tracey Smith, Bobby Walraven and granting 21 days to answer. Signed by Honorable Barry A Bryant on September 29, 2023. (cc: U.S. Marshals Service)(mll)
September 20, 2023 Filing 5 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 $6.96; 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, Little River County)(mll)
September 20, 2023 Filing 4 Magistrate Notice/Consent Form.(mll)
September 20, 2023 Opinion or Order 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; ORDER DIRECTING that an Amended Complaint be filed. (Amended Complaint due by 10/11/2023.) Signed by Honorable Barry A Bryant on September 20, 2023.(mll)
September 20, 2023 Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Brian Keith Ardwin. Motions referred to Barry A Bryant.(mll)
September 20, 2023 Filing 1 COMPLAINT REFERRED (42:1983) against Gina Butler, Tracey Smith, Bobby Walraven filed by Brian Keith Ardwin.(mll)

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Plaintiff: Brian Keith Ardwin
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Defendant: Captain Tracey Smith
Represented By: Melissa Dugger
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Defendant: Jail Administrator Gina Butler
Represented By: Melissa Dugger
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Defendant: Sheriff Bobby Walraven
Represented By: Melissa Dugger
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