Derx v. Kelley et al

Arkansas Eastern District Court
Judge:James M Moody Jr
Referred: Joe J Volpe
Case #: 5:17-cv-00040
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:Feb 15, 2017
Terminated:Jul 05, 2017
Defendant
Albert Kittrell
Defendant
Jeremy Andrews
Defendant
Roderick Davis
Defendant
Wendy Kelley
Plaintiff
Dennis R Derx

GPO Jun 19 2017
PROPOSED FINDINGS AND RECOMMENDATIONS that the Clerk shall amend the docket to reflect the full and correct names of Defendants Davis, Kittrell, and Andrews. Defendants Davis, Kittrell, Kelley and Andrews's motions to dismiss be granted 16 20. Plaintiff's claims against all Defendants be dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action count as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from an order adopting these recommendations would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 6/19/2017. (lej)
GPO Jul 05 2017
ORDER Adopting 22 Proposed Findings and Recommended Disposition in their entirety. The Clerk will amend the docket to reflect the full and correct names of Defendants Roderick Davis, Albert Kittrell, and Jeremy Andrews. Defendants Davis and Kittrell's 16 Motion to Dismiss is granted. Defendants Kelley and Andrews's 20 Motion to Dismiss is granted. Plaintiff's claims against all Defendants are dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 7/5/2017. (mcz)

Docket last updated: 6 hours ago
Tuesday, April 20, 2021
misc Docket Note Mon 05/10 2:31 PM
Docket Note: Filing fee paid in full on this date. (ajt)
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Wednesday, July 05, 2017
26 26 appeal Appellate Filing Fee Notice Wed 07/05 4:49 PM
APPELLATE FILING FEE NOTICE to Plaintiff. (mcz)
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25 25 order Judgment 1983 Wed 07/05 4:45 PM
JUDGMENT Consistent with the24 Order that was entered this day, this case is dismissed without prejudice. Dismissal of this action constitutes a strike for purposes of 28 U.S.C. § 1915(g). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from this Judgment and the corresponding Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 7/5/2017. (mcz)
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24 24 order Order Adopting Report and Recommendations Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Judgment on the Pleadings Order on Report and Recommendations Wed 07/05 4:42 PM
ORDER Adopting22 Proposed Findings and Recommended Disposition in their entirety. The Clerk will amend the docket to reflect the full and correct names of Defendants Roderick Davis, Albert Kittrell, and Jeremy Andrews. Defendants Davis and Kittrell's16 Motion to Dismiss is granted. Defendants Kelley and Andrews's20 Motion to Dismiss is granted. Plaintiff's claims against all Defendants are dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certifies that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 7/5/2017. (mcz)
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Thursday, June 22, 2017
23 23 motion Order Thu 06/22 2:03 PM
MOTION for Order by Dennis R Derx. (ljb)
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Monday, June 19, 2017
22 22 motion Report and Recommendations Mon 06/19 12:52 PM
PROPOSED FINDINGS AND RECOMMENDATIONS that the Clerk shall amend the docket to reflect the full and correct names of Defendants Davis, Kittrell, and Andrews. Defendants Davis, Kittrell, Kelley and Andrews's motions to dismiss be granted16 20 . Plaintiff's claims against all Defendants be dismissed without prejudice for failure to state a claim upon which relief may be granted. Dismissal of this action count as a "strike" for purposes of 28 U.S.C. § 1915(g). The Court certify, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis appeal from an order adopting these recommendations would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 6/19/2017. (lej)
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Friday, June 02, 2017
21 21 brief Brief in Support Fri 06/02 5:23 PM
BRIEF IN SUPPORT re20 Motion for Judgment on the Pleadings filed by Andrwes, Wendy Kelley. (Hudson, Renae)
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20 20 motion Judgment on the Pleadings Fri 06/02 5:06 PM
MOTION for Judgment on the Pleadings by Andrwes, Wendy Kelley (Hudson, Renae)
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Friday, May 12, 2017
19 19 service Summons Returned Executed Mon 05/15 3:31 PM
SUMMONS Returned Executed. Kittrell served on 4/25/2017. (fjg)
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18 18 service Summons Returned Executed Mon 05/15 3:28 PM
SUMMONS Returned Executed. Davis Roderick served on 4/25/2017. (fjg)
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Wednesday, May 10, 2017
17 17 brief Brief in Support Wed 05/10 3:18 PM
BRIEF IN SUPPORT re16 Motion to Dismiss for Failure to State a Claim filed by Kittrell, Davis Roderick. (Eubanks, Brent)
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16 16 motion Dismiss for Failure to State a Claim Wed 05/10 3:16 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kittrell, Davis Roderick (Eubanks, Brent)
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Monday, May 01, 2017
15 15 notice Consent Notice Mon 05/01 8:18 AM
NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej)
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Friday, April 28, 2017
14 14 answer Answer to Amended Complaint Fri 04/28 5:00 PM
ANSWER to4 Amended Complaint with Jury Demand by Andrwes, Wendy Kelley.(Hudson, Renae)
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13 13 notice Notice of Appearance Fri 04/28 4:59 PM
NOTICE of Appearance by Renae Ford Hudson on behalf of Andrwes, Wendy Kelley (Hudson, Renae)
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Wednesday, April 26, 2017
12 12 notice Notice of Appearance Wed 04/26 11:13 AM
NOTICE of Appearance by Brent Jay Eubanks on behalf of Kittrell, Davis Roderick (Eubanks, Brent)
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Monday, April 17, 2017
11 11 order Order Mon 04/17 12:53 PM
ORDER directing that the Clerk of the Court shall reissue summons for Defendants Davis Roderick and Kittrell, and the United States Marshal shall serve a copy of the4 Amended Complaint, Summons and this Order on these Defendants without prepayment of fees and costs or security therefore. Service should be through Humphries, Odum & Eubanks, Post Office Box 20670, White Hall, Arkansas 71612. Signed by Magistrate Judge Joe J. Volpe on 4/17/2017. (mcz)
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service Summons Issued Mon 04/17 2:37 PM
Summons Issued as to Kittrell, Davis Roderick. Forwarded to U. S. Marshal for service. (mcz)
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Thursday, April 13, 2017
10 10 service Summons Returned Executed Fri 04/14 8:04 AM
SUMMONS Returned Executed. Andrwes served on 4/10/2017. (scw)
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9 9 service Summons Returned Executed Fri 04/14 8:02 AM
SUMMONS Returned Executed. Wendy Kelley served on 4/10/2017. (scw)
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8 8 service Summons Returned Unexecuted Thu 04/13 3:08 PM
Summons Returned Unexecuted as to Kittrell. (scw)
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7 7 service Summons Returned Unexecuted Thu 04/13 3:07 PM
Summons Returned Unexecuted as to Davis Roderick. (scw)
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Tuesday, March 21, 2017
6 6 order Order Tue 03/21 4:01 PM
ORDER that the Clerk prepare summons and the USM serve Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 3/21/2017. (lej)
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service Summons Issued Tue 03/21 4:02 PM
Summons Issued as to All Defendants. (lej)
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Monday, March 20, 2017
5 5 notice Notice of Change of Address Mon 03/20 2:01 PM
NOTICE of Change of Address by Dennis R Derx. (thd)
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4 4 cmp Amended Complaint Mon 03/20 1:23 PM
AMENDED COMPLAINT against all Defendants filed by Dennis R Derx.(mef)
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Tuesday, February 21, 2017
3 3 order Order on Motion for Leave to Proceed In Forma Pauperis Tue 02/21 3:29 PM
ORDER granting Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit1 . The Clerk shall amend the docket to correct the spelling of Defendant Wendy Kelley's name. If Plaintiff wishes to amend his complaint, he may complete the new complaint form in its entirety in accordance with this order, mark it as "Amended Complaint," and file within 30 days of the date of this order. Plaintiff's complaint, as it now stands, is deficient and may be dismissed after 30 days of the date of this order. Service is not appropriate at this time. Signed by Magistrate Judge Joe J. Volpe on 2/21/2017. (lej)
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Wednesday, February 15, 2017
2 2 cmp Complaint Wed 02/15 3:26 PM
COMPLAINT against All Defendants, filed by Dennis R Derx.(kdr)
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1 1 motion Proceed In Forma Pauperis Wed 02/15 3:24 PM
MOTION for Leave to Proceed in forma pauperis by Dennis R Derx. (kdr)
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