Herndon v. Byers et al
| John Elwain Herndon |
| Warden Jared Byers, Lt. Montgomery and Sgt. Sutton |
| 6:2023cv06140 |
| December 15, 2023 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 25, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Jared Byers, Montgomery, Sutton and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #13 Order Directing Service, #11 Amended Complaint, #4 Magistrate Notice/Consent Form. (jlm) |
Filing 13
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Jared Byers, Montgomery, Sutton and granting 21 days to answer. Signed by Honorable Barry A Bryant on January 25, 2024. (jlm)
|
| Filing 12 REPORT AND RECOMMENDATIONS re #11 Amended Complaint filed by John Elwain Herndon. Objections to R&R due by 2/12/2024. Signed by Honorable Barry A Bryant on January 25, 2024. (jlm) |
| Filing 11 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983), against Sutton, Jared Byers, Montgomery, filed by John Elwain Herndon. Related document: #1 Complaint Referred (42:1983), filed by John Elwain Herndon.(jlm) |
|
Filing 10
ORDER DIRECTING that an Amended Complaint be filed, failing which this matter will be subject to a recommendation for dismissal for failure toprosecute. Amended Complaint due by 1/8/2024.. Signed by Honorable Barry A Bryant on December 20, 2023. (jlm)
|
| Filing 9 Magistrate Notice/Consent Form (jlm) |
|
Filing 7
ORDER Directing Clerk to sever defendants Montgomery, Sutton and Byers from 6:23-cv-6122. Clerk was directed to file, complaint, IFP and order in severed case; $350.00 filing fee to be collected in each case. Signed by Honorable Mark E. Ford on December 15, 2023. (jlm) Modified on 12/15/2023 (jlm).
|
| Filing 8 CLERK'S ORDER re PLRA Fee directing ADC ORU 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; AR Department of Community Correction). (jlm) Modified on 12/15/2023 to edit text (jlm). (Main Document 7 replaced on 12/15/2023) (jlm). Modified on 12/15/2023 (jlm). |
| Filing 6 TEXT ONLY ORDER granting #2 & #5 Motion for Leave to Proceed in forma pauperis (42:1983). This Court has now received Plaintiff's complete in forma pauperis (IFP) application. (ECF Nos. 2 & 5). Upon review of that application, Plaintiff's motion to proceed IFP is hereby GRANTED. 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 Mark E. Ford on December 7, 2023. (ksb) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by John Elwain Herndon. Motions referred to Mark E. Ford.(jlm) |
| Filing 4 Magistrate Notice/Consent Form (jlm) |
|
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. ORDER DIRECTING that a Completed IFP be filed, Specifically the Court requires the following information: completed IFP. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 12/18/2023. (originally filed in 6:23-cv-61220) Signed by Honorable Mark E. Ford on November 27, 2023. (jlm) Modified on 12/15/2023 (jlm).
|
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by John Elwain Herndon (originally filed in 6:23-cv-61220). Motions referred to Mark E. Ford.(jlm) Modified on 12/15/2023 (jlm). |
| Filing 1 COMPLAINT REFERRED (42:1983) against Jared Byers, Thomas Daniel, Crystal McCoy, Montgomery, Rondoni, Sutton, Nanette Vowell, Walter, Wellpath, Inc., filed by John Elwain Herndon. (originally filed in 6:23-cv-61220) (jlm) Modified on 12/15/2023 (jlm). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arkansas Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
