Dustin Horn v. Mrs. Peterson, et al
| Dustin Lemuel Horn |
| Mrs. Peterson, Kitchen Supervisor, Omega Unit, Lieutenant Martin, Omega Unit and Sergeant Anderson, Omega Unit |
| 24-2213 |
| June 14, 2024 |
| U.S. Court of Appeals, Eighth Circuit |
| Prison Condition |
Docket Report
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This docket was last retrieved on July 31, 2024. A more recent docket listing may be available from PACER.
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| JUDGMENT FILED - Arkansas inmate Dustin Horn appeals the district courts dismissal of his complaint under Fed. R. Civ. P. 41(b), for failure to comply with an order to pay the filing fee. We reverse the district courts dismissal of the action, as Horn submitted documents indicating he attempted to timely comply with the order to pay the filing fee and that his failure to do so was beyond his control. See Smith v. Gold Dust Casino, 526 F.3d 402, 404 (8th Cir. 2008) (standard of review); see also Clemmons v. City of Kansas City, 495 Fed. Appx. 746, 747 (8th Cir. 2012) (unpublished per curiam). Thus, we remand to the district court for further proceedings. RAYMOND W. GRUENDER, RALPH R. ERICKSON and L. STEVEN GRASZ Adp July 2024 [5419207] [24-2213] (NDG) [Entered: 07/31/2024 11:46 AM] |
| CASE SUBMITTED Ad Panel Submission before Judges Raymond W. Gruender, Ralph R. Erickson, L. Steven Grasz in St. Louis [5419202] [24-2213] (NDG) [Entered: 07/31/2024 11:44 AM] |
| DOCUMENT FILED - letter filed by Dustin Lemuel Horn with a copy of the receipt showing payment of the docketing fees. w/service 07/02/2024 [5409724] [24-2213] (CAH) [Entered: 07/02/2024 04:04 PM] |
| CLERK ORDER:Denying as moot [ # 5408066-2 ] motion for extension of time to file filing fee filed by Appellant Dustin Lemuel Horn. [5408070] [24-2213] (CAH) [Entered: 06/27/2024 02:19 PM] |
| MOTION for extension of time to file filing fee until 07/12/2024, filed by Appellant Dustin Lemuel Horn w/service 06/27/2024. [5408066] [24-2213] (CAH) [Entered: 06/27/2024 02:16 PM] |
| UPDATED fee status - [Case Number 24-2213: paid - cs] [5405461] [24-2213] (CAH) [Entered: 06/20/2024 04:03 PM] |
| Prisoner case docketed. [5403748] [24-2213] (CAH) [Entered: 06/14/2024 09:52 AM] |
| Originating court document filed consisting of notice of appeal, docket entries, R&R 5/21/24, order 6/4/24. [5403752] [24-2213] (CAH) [Entered: 06/14/2024 09:55 AM] |
| CLERK ORDER:The $605 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. If appellant does not pay the fee or move for IFP status by 07/12/2024, this appeal may be dismissed for failure to prosecute without further notice. [5403753] [24-2213] (CAH) [Entered: 06/14/2024 09:56 AM] |
| 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. [5403756] [24-2213] (CAH) [Entered: 06/14/2024 09:58 AM] |
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