McElroy v. Polack et al
| Jerel R. McElroy |
| Detention Officer David Pollock, John or Jane Doe Detention Officers, Deputy David Polack, David Pollock and Sheriff Shawn Holloway |
| 5:2024cv05022 |
| January 24, 2024 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Christy D Comstock |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 NOTICE of Change of Address for Jerel McElroy per mail received 3/22/2024 in case 24-5031. Documents that have previously been returned are being resent including #13 Summons Issued, #12 Order Directing Service, #11 REPORT AND RECOMMENDATIONS re #8 Amended Complaint filed by Jerel R. McElroy. (lgd) |
| Filing 22 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to David Polack and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #4 Magistrate Notice/Consent Form, #21 Order Directing Service, #8 Amended Complaint. (lgd) |
Filing 21
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE David Polack and granting 21 days to answer; DIRECTING defendant to identify the names of other Doe officers; DIRECTING the Clerk to amend the docket to reflect the correct spelling of the Defendant's name: David Polack. Signed by Honorable Christy D. Comstock on March 20, 2024. (cc: U.S. Marshals Service-Certified).(lgd)
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| Filing 20 TEXT ONLY ORDER granting #17 Motion to Set Aside #15 Summons Returned Executed Upon Purported Defendant David Polack. Attorney Merritt has filed a Motion on behalf of Defendant David Polack asking for service to be set aside, on the grounds that service was never properly executed on Defendant Polack because Defendant Polack was not employed by Benton County at the time of service and has not been employed by Benton County since March 2022. Having considered the Motion and being duly advised, the Motion to Set Aside Summons Returned Executed on Defendant Polack, (ECF No. 17), is hereby GRANTED. This Court will order service at the address placed under seal by separate order. Signed by Honorable Christy D. Comstock on March 20, 2024.(ksb) Modified on 3/20/2024 (lgd). |
| Filing 19 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.ADDRESS INFORMATION PROVIDED for David Polack. (Merritt, Jennifer) |
| Filing 18 MEMORANDUM BRIEF in Support of #17 MOTION to Set Aside #15 Summons Returned Executed Upon Purported Defendant David Polack by David Pollock. (Merritt, Jennifer) |
| Filing 17 MOTION to Set Aside #15 Summons Returned Executed Upon Purported Defendant David Polack by David Pollock. Motions referred to Christy D. Comstock.(Merritt, Jennifer) |
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Filing 16
ORDER ADOPTING #11 Report and Recommendations IN ITS ENTIRETY; TERMINATING Defendant Holloway. (See Order for Specifics) Signed by Honorable Timothy L. Brooks on March 11, 2024. (lgd) Modified text on 3/11/2024 (lgd).
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| Filing 15 SUMMONS Returned Executed by Jerel R. McElroy. David Pollock served on 3/4/2024, answer due 3/25/2024. (lgd) |
| Filing 14 Mail Returned as Undeliverable marked RTS no longer here. Mail originally sent to Jerel McElroy at Benton County Jail including #13 Summons Issued, #12 Order Directing Service, #11 Report and Recommendations. No new address available. New Address due by 4/8/2024. (lgd) |
| Filing 13 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to David Pollock and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #12 Order Directing Service, #8 Amended Complaint. (lgd) (lgd). |
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Filing 12
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE David Pollock and granting 21 days to answer. Signed by Honorable Christy D. Comstock on February 21, 2024. (cc: U.S. Marshals Service-Certified).(lgd)
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| Filing 11 REPORT AND RECOMMENDATIONS re #8 Amended Complaint filed by Jerel R. McElroy. Objections to R&R due by 3/8/2024. Signed by Honorable Christy D. Comstock on February 20, 2024. (bjb) |
| Filing 10 TEXT ONLY ORDER. Plaintiff previously submitted an application to proceed in forma pauperis (IFP). (ECF Nos. 2, 5). That application was granted. (ECF No. 6). Nevertheless, Plaintiff submitted a second application to proceed IFP. (ECF No. 9). Because Plaintiff has already been granted IFP status in this case, it appears that he may have intended to file this second IFP application in his pending federal habeas corpus case: 5:24-CV-05031-TLB-CDC. Accordingly, Plaintiff's second IFP application, (ECF No. 9), is DENIED as MOOT. Further, the Clerk is DIRECTED to file Plaintiff's second IFP application, (ECF No. 9), into Plaintiff's habeas corpus case: 5:24-CV-05031-TLB-CDC. Signed by Honorable Christy D. Comstock on February 9, 2024. (ksb) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis (42:1983) by Jerel R. McElroy. Motions referred to Christy D. Comstock.(bjb) |
| Filing 8 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Shawn Holloway, John or Jane Doe Detention Officers, David Pollock, filed by Jerel R. McElroy. Related document: #1 Complaint Referred (42:1983) filed by Jerel R. McElroy.(bjb) |
| Filing 7 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) |
| Filing 6 TEXT ONLY ORDER granting [ECF Nos. 2 & 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 January 30, 2024. (smg) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Jerel R. McElroy. Motions referred to Christy D. Comstock.(bjb) |
| Filing 4 Magistrate Notice/Consent Form furnished. (lgd) |
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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; ORDER directing an Amended Complaint. Amended Complaint and completed IFP due by 2/14/2024. Signed by Honorable Christy D. Comstock on January 24, 2024. (lgd)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Jerel R. McElroy. Motions referred to Christy D. Comstock.(lgd) |
| Filing 1 COMPLAINT REFERRED (42:1983) against John or Jane Doe Detention Officers, David Pollock, filed by Jerel R. McElroy.(lgd) (Main Document 1 replaced on 1/25/2024) (hnc). |
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