James Whitney v. Linda Southern, et al
| James E. Whitney, now known as James E. Wennerstein |
| Linda Southern, Mail Room Supervisor, EARU, ADC, Todd Ball, Superintendent, EARU, ADC, Michael Richardson, Deputy Warden, EARU, ADC, Kenyon Randle, Deputy Warden, EARU, ADC, Brandon Davis, Deputy Warden, EARU, ADC, Rodney Brown, Major, Chief of Security-General Population, EARU, ADC, John C. Haynes, Major, Chief of Security-Max Population, EARU, ADC, Laveil Rucker, Senior Unit Chaplain, EARU, ADC, Albert McKinney, Unit Chaplain, EARU, ADC, Ray Peals, Unit Chaplain, EARU, ADC, Dexter Payne, Director, ADC, William F. Straughn, Deputy Director, ADC and Aundrea Culclager, Deputy Director, ADC |
| 25-2587 |
| August 12, 2025 |
| U.S. Court of Appeals, Eighth Circuit |
| Prison Condition |
Docket Report
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| JUDGMENT FILED - The motion to proceed on appeal in forma pauperis filed by Appellant James E. Whitney is denied [ # 5555308-2 ]. The appeal is dismissed for failure to pay the filing fee or to demonstrate eligibility to proceed in forma pauperis on appeal under 28 U.S.C. 1915(g). DISMISSED. RAYMOND W. GRUENDER, BOBBY E. SHEPHERD and DAVID R. STRAS Adp Jan 2026 [5602451] [25-2587] (BNW) [Entered: 01/29/2026 11:59 AM] |
| CASE SUBMITTED Ad Panel Submission before Judges Raymond W. Gruender, Bobby E. Shepherd, David R. Stras in St. Louis [5602448] [25-2587] (BNW) [Entered: 01/29/2026 11:53 AM] |
| MOTION for leave to proceed on appeal in forma pauperis w/attached affidavit and RESPONSE to clerk order pay full filing fee [ # 5551765-2 ], filed by Appellant James E. Whitney, w/service 09/08/2025. [5555308] [25-2587]--[Edited 09/09/2025 by EDG to attach Calculation Sheet] (CJO) [Entered: 09/08/2025 02:18 PM] |
| Originating court document filed consisting of originating court order of 08/27/2025, Order denying motion for leave to appeal in forma pauperis. [5551755] [25-2587] (CJO) [Entered: 08/27/2025 11:13 AM] |
| 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 either 1) pay to the district court the appellate docketing fee of $605, or 2) to file a pleading in this court explaining why Appellant is eligible under 28 U.S.C. Section 1915(g) to proceed without pre-payment of the fee, and to submit a motion for leave to proceed in forma pauperis in this court. If appellant fails to either pay the fee or respond to this order with the required pleading and motion within 30 days of the date of this order, the appeal will be dismissed for failure to prosecute. Compliance is due 09/26/2025 [5551765] [25-2587] (CJO) [Entered: 08/27/2025 11:19 AM] |
| Prisoner case docketed. [5547056] [25-2587] (CJO) [Entered: 08/12/2025 02:41 PM] |
| Originating court document filed consisting of notice of appeal, docket entries, Proposed Findings and Recommendations 05/20/2025, Order 06/17/2025, Proposed Findings and Recommendations 07/03/2025, Order 07/23/2025, and Judgment 07/23/2025. [5547092] [25-2587] (CJO) [Entered: 08/12/2025 03:03 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. [5547103] [25-2587] (CJO) [Entered: 08/12/2025 03:12 PM] |
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