Kaiser v. Weinerhold et al
Plaintiff: Roy Joe Kaiser and Big Bro
Defendant: Deputy Weinerhold, Deputy Lee, Deputy Kelly and Lieutenant Ross
Case Number: 5:2023cv05130
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: Civil Rights
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 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2023 Opinion or Order Filing 10 SUMMONS Returned Executed, Kelly served on 8/24/2023, answer due 9/14/2023; Lee served on 8/24/2023, answer due 9/14/2023; Ross served on 8/24/2023, answer due 9/14/2023; Weinerhold served on 8/24/2023, answer due 9/14/2023. (lgd)
September 14, 2023 Opinion or Order Filing 9 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 Opinion or Order Filing 8 ANSWER to #1 Complaint Referred (42:1983) by Kelly, Lee, Ross, Weinerhold.(Kieklak, Thomas)
August 16, 2023 Opinion or Order Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Kelly, Lee, Ross, Weinerhold and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #6 Order Directing Service, #5 Magistrate Notice/Consent Form, #1 Complaint Referred (42:1983). (lgd)
August 16, 2023 Opinion or Order Filing 6 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Kelly, Lee, Ross, Weinerhold and granting 21 days to answer. Signed by Honorable Christy D. Comstock on August 16, 2023. (cc: U.S. Marshals Service-Certified).(lgd)
August 7, 2023 Opinion or Order Filing 5 Magistrate Notice/Consent Form furnished. (lgd)
August 7, 2023 Opinion or Order Filing 4 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 $ 350 filing fee is paid in full (cc: Benton County Detention Center). (lgd)
August 7, 2023 Opinion or Order Filing 3 ORDER granting #2 Motion for Leave to Proceed in forma pauperis (42:1983). The Clerk is directed to collect the filing fee in the amount of $ 350; ORDER directing the Clerk to file the in forma pauperis (IFP) application and complaint submitted by the Plaintiff. 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. Signed by Honorable Christy D. Comstock on August 7, 2023. (lgd)
August 7, 2023 Opinion or Order 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 Opinion or Order Filing 1 COMPLAINT REFERRED (42:1983) against Kelly, Lee, Ross, Weinerhold, 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: Deputy Weinerhold
Represented By: Thomas N. Kieklak
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Defendant: Deputy Lee
Represented By: Thomas N. Kieklak
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Defendant: Deputy Kelly
Represented By: Thomas N. Kieklak
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Defendant: Lieutenant Ross
Represented By: Thomas N. Kieklak
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