Kaiser v. Gage et al
Plaintiff: Roy Joe Kaiser and Big Bro
Defendant: Captain Gage and Deputy Guerrerro
Case Number: 5:2023cv05129
Filed: August 7, 2023
Court: US District Court for the Western District of Arkansas
Presiding Judge: Timothy L Brooks
Referring Judge: Christy D Comstock
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2023 Filing 12 SUMMONS Returned Executed: Gage served on 8/24/2023; Guerrerro served on 8/24/2023. (bjb)
September 14, 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 10/30/2023. Signed by Honorable Christy D. Comstock on September 14, 2023. (smg)
September 13, 2023 Filing 10 ANSWER to #1 Complaint Referred (42:1983) by Gage, Guerrerro.(Kieklak, Thomas)
August 18, 2023 Filing 9 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Gage, Guerrerro and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred (42:1983), #8 Order Directing Service, #4 Magistrate Notice/Consent Form. (bjb)
August 18, 2023 Opinion or Order Filing 8 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Gage, Guerrerro and granting 21 days to answer. Signed by Honorable Christy D. Comstock on August 18, 2023. (bjb)
August 18, 2023 Filing 7 CLERK'S ORDER re PLRA Fee directing Benton County Jail to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full (cc: Benton County Jail). (bjb)
August 18, 2023 Filing 6 TEXT ONLY ORDER granting [ECF Nos. 2 and 5] Motions 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 Christy D. Comstock on August 18, 2023. (smg)
August 17, 2023 Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Roy Joe Kaiser. Motions referred to Christy D. Comstock.(lgd)
August 7, 2023 Filing 4 Magistrate Notice/Consent Form furnished. (lgd)
August 7, 2023 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: certificate of account. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 8/28/2023. Signed by Honorable Christy D. Comstock on August 7, 2023. (lgd)
August 7, 2023 Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Roy Joe Kaiser. Motions referred to Christy D. Comstock.(lgd)
August 7, 2023 Filing 1 COMPLAINT REFERRED (42:1983) against Gage, Guerrerro, filed by Roy Joe Kaiser.(lgd)

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Plaintiff: Roy Joe Kaiser
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Plaintiff: Big Bro
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Defendant: Captain Gage
Represented By: Thomas N. Kieklak
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Defendant: Deputy Guerrerro
Represented By: Thomas N. Kieklak
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