Kenneth Pitts v. Tracy Bennett, et al
| Kenneth Ray Pitts |
| Tracy Bennett, APN, East Arkansas Regional Unit Infirmary, Gary Kerstein, Medical Doctor, East Arkansas Regional Unit Infirmary (originally named as Gary Kerstin), G. Davis, Nurse, East Arkansas Regional Unit Infirmary, Rory Griffin, Medical Director, Central Office and River, L.P.N., East Arkansas Regional Unit |
| 22-2523 |
| July 18, 2022 |
| U.S. Court of Appeals, Eighth Circuit |
| Prison Condition |
Docket Report
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| Document Text |
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| MOTION for leave to proceed on appeal in forma pauperis w/attached affidavit, filed by Party Mr. Kenneth Ray Pitts w/service 09/07/2022. [5195746] [22-2523] (CAH) [Entered: 09/07/2022 02:13 PM] |
| MOTION for Rule 3C Dismissal for Failure to Prosecute and Motion for Objection the Orders for Dismissal for Show Cause and Imminent First Motion, And RESPONSE to clerk order to show cause for failure to pay docket fee, [ # 5191647-2 ], and clerk order to pay full filing fee , [ # 5178277-2 ], filed by Appellant Mr. Kenneth Ray Pitts w/service 09/07/2022. [5195766] [22-2523] (CAH) [Entered: 09/07/2022 02:23 PM] |
| MOTION for to Show Cause for Imminent Danger and Motion for Rule 3C Dismissal for Failure to Prosecute, And RESPONSE to clerk order to show cause for failure to pay docket fee, [ # 5191647-2 ], filed by Appellant Mr. Kenneth Ray Pitts w/service 09/07/2022. [5195769] [22-2523] (CAH) [Entered: 09/07/2022 02:26 PM] |
| CLERK ORDER: Appellant has filed responses to the order of August 26, 2022, directing him to show cause why the appeal should not be dismissed. He has also filed an affidavit to proceed in forma pauperis. Accordingly, the show cause order of 8/26/22 is hereby dissolved. [5195774] [22-2523] (CAH) [Entered: 09/07/2022 02:31 PM] |
| CLERK ORDER:APPELLANT has failed to pay to the Clerk of the District Court the requisite docketing fees, nor has he filed a statement explaining why he is in imminent danger. APPELLANT is directed to show cause within 14 days why this appeal should not be dismissed for failure to prosecute. Response of Kenneth Ray Pitts due 09/09/2022 [5191647] [22-2523] (CAH) [Entered: 08/26/2022 09:20 AM] |
| APPEARANCE filed by Brent J. Eubanks for Appellee Gary Kerstein w/service 07/19/2022 [5178636] [22-2523] (MBO) [Entered: 07/19/2022 01:19 PM] |
| Originating court document filed consisting of notice of appeal, docket entries,proposed findings of 3/22/22 and 6/1/22; orders of 4/6, 6/14, and 6/29; judgment of 5/14/22. [5178276] [22-2523] (CAH) [Entered: 07/18/2022 03:24 PM] |
| CLERK ORDER:The District Court has determined that Appellant has three strikes under 28 U.S.C Section 1915(g). Accordingly, Appellant may not proceed in this appeal without first paying the full appellate docketing fee. Appellant is directed to pay to the district court the appellate docketing fee of $505, or to file a pleading in this court explaining why Appellant is eligible to proceed without pre-payment of the fee. If appellant fails to either pay the fee or respond to this order within 30 days of the date of this order, the appeal will be dismissed for failure to prosecute. Compliance is due 08/17/2022 [5178277] [22-2523] (CAH) [Entered: 07/18/2022 03:25 PM] |
| CLERK ORDER:If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, administrative records and state court files. These documents should be submitted within 10 days. [5178282] [22-2523] (CAH) [Entered: 07/18/2022 03:35 PM] |
| Prisoner case docketed. [5178274] [22-2523] (CAH) [Entered: 07/18/2022 03:20 PM] |
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| Plaintiff / appellant: Kenneth Ray Pitts | |
| Represented By: | Kenneth Ray Pitts |
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| Defendant / appellee: Tracy Bennett, APN, East Arkansas Regional Unit Infirmary | |
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| Defendant / appellee: Gary Kerstein, Medical Doctor, East Arkansas Regional Unit Infirmary (originally named as Gary Kerstin) | |
| Represented By: | Brent J. Eubanks |
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| Defendant / appellee: G. Davis, Nurse, East Arkansas Regional Unit Infirmary | |
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| Defendant / appellee: Rory Griffin, Medical Director, Central Office | |
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| Defendant / appellee: River, L.P.N., East Arkansas Regional Unit | |
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