Bailey v. Payne et al
Plaintiff: Randall Alan Bailey
Defendant: Director Dexter Payne, Dep. Director Andrea F. Culclager, Superintendent Byers, Deputy Warden Griffin, Wellpath Health Services and Dr. Davis
Case Number: 6:2023cv06064
Filed: May 26, 2023
Court: US District Court for the Western District of Arkansas
Presiding Judge: Barry A Bryant
Referring Judge: Christy D Comstock
2 Judge: Susan O Hickey
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 10, 2023 Filing 14 TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION #11 TO DISMISS. On 7/7/2023 Defendants Dexter Payne, Tasha Griffin, Jared Byers, and Aundrea Calclager ("ADC Defendants") filed a Motion to Dismiss, along with a brief in support. Plaintiff is directed to respond to the motion. Plaintiff is advised that failure to timely and properly comply with this Order shall result in the dismissal of this action pursuant to Local Rule 5.5(c)(2). Response to Motion to Dismiss due by 7/31/2023. Signed by Honorable Christy D. Comstock on July 10, 2023. (ksb)
July 7, 2023 Filing 13 ANSWER to #1 Complaint Referred (42:1983) by Davis, Wellpath Health Services.(Almefty, Kynda)
July 7, 2023 Filing 12 MEMORANDUM BRIEF in Support of #11 MOTION to Dismiss for Failure to State a Claim by Byers, Andrea F. Culclager, Griffin, Dexter Payne. (Gerard, Julius)
July 7, 2023 Filing 11 MOTION to Dismiss for Failure to State a Claim by Byers, Andrea F. Culclager, Griffin, Dexter Payne. Motions referred to Christy D. Comstock.(Gerard, Julius)
July 7, 2023 Filing 10 NOTICE of Appearance by Julius John Gerard, IV on behalf of Byers, Andrea F. Culclager, Griffin, Dexter Payne. (Gerard, Julius)
June 22, 2023 Filing 9 SUMMONS Returned Executed by Randall Alan Bailey. Byers served on 6/16/2023, answer due 7/7/2023; Andrea F. Culclager served on 6/16/2023, answer due 7/7/2023; Davis served on 6/16/2023, answer due 7/7/2023; Griffin served on 6/16/2023, answer due 7/7/2023; Dexter Payne served on 6/16/2023, answer due 7/7/2023; Wellpath Health Services served on 6/16/2023, answer due 7/7/2023. (jlm)
June 15, 2023 TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. (hnc)
June 7, 2023 Filing 8 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Byers, Andrea F. Culclager, Davis, Griffin, Dexter Payne, Wellpath Health Services 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), #7 Order Directing Service, #4 Magistrate Notice/Consent Form. (jlm)
June 7, 2023 Opinion or Order Filing 7 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Byers, Andrea F. Culclager, Davis, Griffin, Dexter Payne, Wellpath Health Services and granting 21 days to answer. Signed by Honorable Barry A Bryant on June 7, 2023. (cc: U.S. Marshals Service-Certified).(jlm)
June 2, 2023 Filing 6 CLERK'S ORDER re PLRA Initial Fee directing ADC - OUACHITA RIVER UNIT to collect from petitioner's prison account an initial partial filing fee of $12.00; 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (jlm) (Main Document 6 replaced on 6/5/2023) (jlm).
June 2, 2023 Filing 5 TEXT ONLY 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 June 2, 2023. (klk)
May 26, 2023 Filing 4 Magistrate Notice/Consent Form (jlm)
May 26, 2023 Opinion or Order Filing 3 ORDER directing the Clerk to file the in forma pauperis (IFP) application and 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. Signed by Honorable Barry A Bryant on May 26, 2023. (jlm)
May 26, 2023 Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Randall Alan Bailey. Motions referred to Barry A Bryant.(jlm)
May 26, 2023 Filing 1 COMPLAINT REFERRED (42:1983) against Byers, Andrea F. Culclager, Davis, Griffin, Dexter Payne, Wellpath Health Services, filed by Randall Alan Bailey.(jlm)

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Plaintiff: Randall Alan Bailey
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Defendant: Director Dexter Payne
Represented By: Julius John Gerard, IV
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Defendant: Dep. Director Andrea F. Culclager
Represented By: Julius John Gerard, IV
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Defendant: Superintendent Byers
Represented By: Julius John Gerard, IV
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Defendant: Deputy Warden Griffin
Represented By: Julius John Gerard, IV
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Defendant: Wellpath Health Services
Represented By: Kynda Almefty
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Defendant: Dr. Davis
Represented By: Kynda Almefty
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