Yates v. Holloway et al
| Christopher Celeden Yates |
| Captain Guyll, Lieutenant Holt, Captain Paul, Investigator Joe Adams, Sheriff Shawn Holloway and Shop Supervisor James Boudreax |
| 5:2018cv05187 |
| September 25, 2018 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Mark E Ford |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 10 TEXT ONLY ORDER denying #9 Motion for Reconsideration. Plaintiff's letter to the Court, which is construed as a Motion for Reconsideration of the Court's Order of Dismissal #8 , explains Plaintiff's belief that his case has merit and deserves to be heard by a jury. Plaintiff's Motion for Reconsideration does not identify any errors of fact or law made by the Court. Instead the letter points out that Plaintiff has "verifiable proof" to back up his claims, and this proof should be enough to allow him to proceed. When the Court initially screened his Complaint, it assumed the facts stated therein were true. Nevertheless, as explained in the Order of Dismissal, the Court concluded that these facts did not create plausible legal claims for relief. Reconsideration of a court's final order may be appropriate under Federal Rule of Civil Procedure 60(b) when, for example, there is evidence of mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, or any other reason that justifies relief. Plaintiff has failed to identify any factor that would justify reconsideration of the Court's prior Order, and, therefore, his request is denied. Signed by Honorable Timothy L. Brooks on October 26, 2018. (ee) |
| Filing 9 MOTION to Reconsider by Christopher Celeden Yates. (lw) |
| Case no longer referred to Honorable Mark E. Ford. OPINION AND ORDER DISMISSING CASE ENTERED. (mfr) |
| Filing 8 OPINION AND ORDER DISMISSING WITHOUT PREJUDICE. The Clerk is directed to enter a strike flag. Signed by Honorable Timothy L. Brooks on October 16, 2018. (lgd) |
| Filing 7 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Joe Adams, James Boudreax, Shawn Holloway, Paul, Guyll (BCDC) and Holt (BCDC), filed by Christopher Celeden Yates. Related document: #1 Complaint Referred (42:1983) filed by Christopher Celeden Yates.(tg) Modified parties on 10/10/2018 (src). |
| Filing 6 CLERK'S ORDER re PLRA Fee directing Benton County Detention Center to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $ 15.67 filing fee is paid in full (cc: Sheriff, Benton County Detention Center). (tg) |
| Filing 5 AMENDED ORDER directing the Clerk to file the IFP Application and Complaint submitted by the Plaintiff. The Motion to Proceed #2 is GRANTED and the Clerk is directed to collect the $350.00 filing fee. 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 his new address. The Clerk is directed to mail Plaintiff a copy of his complaint. Plaintiff is given until October 9, 2018, to return the completed complaint. Signed by Honorable Erin L. Wiedemann on September 25, 2018. (tg) Modified on 9/25/2018 to edit text (tg). |
Filing 4
ORDER directing the Clerk to file complaint submitted by the Plaintiff. A determination regarding his status as a pauper and service of process will be made at a later time. 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 his new address, The Clerk is directed to mail Plaintiff a copy of his complaint. Plaintiff is given until October 9, 2018, to return the completed complaint. Clerk is also directed to mail a blank IFP application to Plaintiff. Plaintiff is given until October 9, 2018, to either provide the Court with a completed IFP application or pay the $350 filing fee. Signed by Honorable Erin L. Wiedemann on September 25, 2018. (tg)
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| Filing 3 Magistrate Notice/Consent Furnished. (tg) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Christopher Celeden Yates. Motions referred to Mark E. Ford.(tg) M |
| Filing 1 COMPLAINT REFERRED (42:1983) against Joe Adams, James Boudreax, Guyll, Shawn Holloway, Holt, Paul, filed by Christopher Celeden Yates.(tg) |
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