Fielding Kimery v. Dexter Payne, et al
Plaintiff / Appellant: Fielding Vaughn Kimery
Defendant / Appellee: Dexter Payne, Director, Arkansas Department of Correction, James Gibson, Warden, Varner/Varner Supermax, Brandon Carroll, Deputy Warden, Varner Supermax and Marshall Dale Reed, Chief Deputy Director, ADC/DOC
Case Number: 23-3649
Filed: December 5, 2023
Court: U.S. Court of Appeals, Eighth Circuit
Nature of Suit: Prison Condition
Docket Report

This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2024 CLERK ORDER: APPELLANT has failed to pay to the Clerk of the District Court the requisite docketing fees or to file a response to the December 11, 2023 order in this court. Accordingly, APPELLANT is directed to show cause within 14 days why this appeal should not be dismissed for failure to prosecute. Response of Fielding Vaughn Kimery due 02/12/2024 [5357823] [23-3649] (AEV) [Entered: 01/29/2024 02:59 PM]
December 11, 2023 CORRECTED 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 01/10/2024 [5343300] [23-3649] (AEV) [Entered: 12/11/2023 02:40 PM]
December 11, 2023 CORRECTED 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 01/04/2024 [5343272] [23-3649]--[Edited 12/11/2023 by AEV- locked and ddl corrected] (AEV) [Entered: 12/11/2023 02:05 PM]
December 5, 2023 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. [5341584] [23-3649] (AEV) [Entered: 12/05/2023 11:08 AM]
December 5, 2023 Originating court document filed consisting of notice of appeal, Proposed Findings and Recommendations 9/1/23, Order 10/23/23, Judgment 10/23/23, Order denying IFP 12/4/23, docket entries, [5341578] [23-3649] (AEV) [Entered: 12/05/2023 11:04 AM]
December 5, 2023 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 $605, 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 01/04/2024 [5341581] [23-3649]--[Edited 12/11/2023 by AEV - locked and corrected order issued 12/11/23] (AEV) [Entered: 12/05/2023 11:07 AM]
December 5, 2023 Prisoner case docketed. [5341573] [23-3649] (AEV) [Entered: 12/05/2023 11:00 AM]

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Search for this case: Fielding Kimery v. Dexter Payne, et al
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Plaintiff / appellant: Fielding Vaughn Kimery
Represented By: Fielding Vaughn Kimery
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Defendant / appellee: Dexter Payne, Director, Arkansas Department of Correction
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Defendant / appellee: James Gibson, Warden, Varner/Varner Supermax
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Defendant / appellee: Brandon Carroll, Deputy Warden, Varner Supermax
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Defendant / appellee: Marshall Dale Reed, Chief Deputy Director, ADC/DOC
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