Ardwin v. Smith et al
Plaintiff: Brian Keith Ardwin
Defendant: Captain Tracey Smith and Jail Administrator Gina Butler
Case Number: 4:2023cv04098
Filed: October 13, 2023
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 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 29, 2023 Filing 15 TEXT ONLY ORDER granting Defendants' #14 Motion to Stay deadlines set in Bench Order. The Court will reset deadline for summary judgment at a later date if necessary. Signed by Honorable Barry A Bryant on November 29, 2023. (awl)
November 29, 2023 Filing 14 MOTION to Stay re 11 Bench Order PC cases - TEXT ONLY,, Scheduling Order Deadlines by Gina Butler, Tracey Smith. Motions referred to Barry A Bryant.(Dugger, Melissa)
November 28, 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 745 Westside Drive, Lot 22, Ashdown, AR 71822 including #9 Summons Returned Executed filed by Brian Keith Ardwin. No new address available.(mll)
November 21, 2023 Filing 12 Mail Returned as Undeliverable marked Return to sender. Not deliverable as addressed. Unable to forward. Mail originally sent to Brian Keith Ardwin at 745 Westside Drive, Lot 22, Ashdown, AR 71822 including #6 Order Directing Service, #8 Mail Returned. No new address available.(mll)
November 16, 2023 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 1/2/2024. Signed by Honorable Barry A Bryant on November 16, 2023. (awl)
November 15, 2023 Filing 10 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Gina Butler, Tracey Smith.(Dugger, Melissa)
November 9, 2023 Filing 9 SUMMONS Returned Executed by Brian Keith Ardwin. Gina Butler served on 11/2/2023, answer due 11/24/2023; Tracey Smith served on 11/2/2023, answer due 11/24/2023.(mll)
November 2, 2023 Filing 8 Mail Returned as Undeliverable marked Not at this address. Mail originally sent to Brian Keith Ardwin at Little River County Detention Center including #6 Order Directing Service. Resent to 745 Westside Drive, Lot 22, Ashdown, AR 71822.(mll)
October 16, 2023 Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Gina Butler, Tracey Smith and USM285 Forms delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred, #4 Magistrate Notice/Consent Form, #6 Order Directing Service (42:1983).(mll)
October 16, 2023 Opinion or Order Filing 6 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Gina Butler, Tracey Smith and granting 21 days to answer. Signed by Honorable Barry A Bryant on October 16, 2023. (cc: U.S. Marshals Service)(mll)
October 13, 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 $8.40; 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) (Main Document 5 replaced on 10/13/2023) (mll).
October 13, 2023 Filing 4 Magistrate Notice/Consent Form.(mll)
October 13, 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. Signed by Honorable Barry A Bryant on October 13, 2023.(mll)
October 13, 2023 Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Brian Keith Ardwin. Motions referred to Barry A Bryant.(mll)
October 13, 2023 Filing 1 COMPLAINT REFERRED (42:1983) against Gina Butler, Tracey Smith filed by Brian Keith Ardwin.(mll)

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 this case: Ardwin v. Smith et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Brian Keith Ardwin
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Captain Tracey Smith
Represented By: Melissa Dugger
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Jail Administrator Gina Butler
Represented By: Melissa Dugger
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?