Case: Allen v. Holladay

4:18-cv-00541 | U.S. District Court for the Eastern District of Arkansas

Filed Date: Aug. 20, 2018

Closed Date: March 11, 2020

Clearinghouse coding complete

Case Summary

On August 20, 2018, 23 inmates at the Pulaski County Jail (PCJ) filed a pro se civil class action against the PCJ and six officials of the PCJ in their official and personal capacities in the U.S. District Court for the Eastern District of Arkansas. The plaintiffs asked the court for monetary and injunctive relief, claiming that they were being kept locked in their cells because the jail was not properly staffed. On September 12, 2018, Judge James Moody Jr. entered an initial order providing gu…

On August 20, 2018, 23 inmates at the Pulaski County Jail (PCJ) filed a pro se civil class action against the PCJ and six officials of the PCJ in their official and personal capacities in the U.S. District Court for the Eastern District of Arkansas. The plaintiffs asked the court for monetary and injunctive relief, claiming that they were being kept locked in their cells because the jail was not properly staffed.

On September 12, 2018, Judge James Moody Jr. entered an initial order providing guidelines for proceeding pro se and finding that a request for class certification at this stage was premature; accordingly, he severed the case as twenty-three separate lawsuits. On November 1, 2018, Judge Moody dismissed the case without prejudice due to lack of prosecution, as the plaintiff had failed to comply with the court’s order directing him to provide a current mailing address. On November 20, 2018, the plaintiff filed a notice of change of address, and on December 3, 2018, he filed a motion to reopen the case. On February 13, 2019, Magistrate Judge J. Thomas Ray granted the plaintiff’s motion to reopen the case, but directed the plaintiff to file an amended complaint clarifying how he was personally harmed by the alleged constitutional violations and explaining how each defendant was personally involved in violating his constitutional rights. On March 7, 2019, the plaintiff filed an amended complaint.

Twenty-one of the other cases were all dismissed without prejudice due to lack of prosecution by the other inmates. This instant case and one other case (docket no. 4:18-cv-00552), which was also dismissed without prejudice due to lack of prosecution and reopened, are the only two ongoing cases out of the total twenty-three cases initially filed on this matter.

On June 23, 2019, the Magistrate Judge J. Thomas Ray recommended that plaintiff’s complaint and amended complaint be dismissed and the dismissal of the case be counted as a “strike” pursuant to 28 U.S.C. § 1915(g) (barring inmates from bringing suit if they have previously brought three frivolous lawsuits). The court reasoned that despite its clear instruction to the contrary, the amended complaint “still contains only conclusory allegations that fail to identify any specific individuals, explain how each of them were personally involved in the alleged constitutional violations, or provide any specific facts demonstrating how these alleged constitutional violations resulted in him sustaining any physical injuries,” among other things. The court dismissed the case on July 8, 2019. 2019 WL 2929016.

The plaintiff sought to reopen the case, objecting to the court’s order of dismissal, on July 22, 2019. On July 25, the court declined to reopen the case, as the plaintiff did not put forth any grounds justifying relief from the judgment and order of dismissal.

The plaintiff sought to appeal the case, but his petition for appeal was denied by the U.S. Court of Appeals for the Eighth Circuit on March 11, 2020.

This case is closed.

Summary Authors

Lisa Limb (3/29/2019)

Bogyung Lim (7/23/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8124547/parties/allen-v-holladay/


Judge(s)

Moody, James Maxwell Jr. (Arkansas)

Ray, J. Thomas (Arkansas)

Judge(s)

Moody, James Maxwell Jr. (Arkansas)

Ray, J. Thomas (Arkansas)

Documents in the Clearinghouse

Document

4:18-cv-00541

Docket [PACER]

March 18, 2020

March 18, 2020

Docket
2

4:18-cv-00541

Complaint

Aug. 20, 2018

Aug. 20, 2018

Complaint
20

4:18-cv-00541

Order

Feb. 13, 2019

Feb. 13, 2019

Order/Opinion
22

4:18-cv-00541

Amended Complaint

Feb. 23, 2019

Feb. 23, 2019

Complaint
23

4:18-cv-00541

Recommended Disposition

June 13, 2019

June 13, 2019

Magistrate Report/Recommendation
24

4:18-cv-00541

Order

July 8, 2019

July 8, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8124547/allen-v-holladay/

Last updated May 20, 2022, 4:55 a.m.

ECF Number Description Date Link Date / Link
12

JUDGMENT: Consistent with 11 Order entered separately today, this case is dismissed without prejudice. All relief sought is denied, and the case is closed. Signed by Judge James M. Moody Jr. on 11/1/2018. (ljb)

Nov. 1, 2018

Nov. 1, 2018

RECAP
1

MOTION for Leave to Proceed in forma pauperis by Derrick Allen. (kdr) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

23

Report and Recommendations

June 13, 2019

June 13, 2019

PACER
2

COMPLAINT against All Defendants, filed by Derrick Allen.(kdr) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

4

MOTION to Amend 2 Complaint by Derrick Allen. (cel) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

24

ORDER approving and adopting in its entirety 23 Recommendation as this Court's findings in all respects; dismissing without prejudice 2 Complaint and 22 Amended Complaint for failing to state a claim upon which relief may be granted; and certifying that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Dismissal is a "strike" pursuant to 28 U.S.C. § 1915(g). Signed by Judge James M. Moody Jr. on 7/8/2019. (ljb)

July 8, 2019

July 8, 2019

RECAP
25

JUDGMENT: Consistent with 24 Order entered separately today, this case is dismissed without prejudice. Signed by Judge James M. Moody Jr. on 7/8/2019. (ljb)

July 8, 2019

July 8, 2019

RECAP
5

Mail Returned Undeliverable as to Derrick Allen re 1 Motion for Leave to Proceed in forma pauperis, 2 Complaint, 3 Motion for Preliminary Injunction. (fjg) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

6

Mail Returned Undeliverable as to Derrick Allen re 4 Motion to Amend. (fjg) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

40

Order Directing Prisoner Payment

Nov. 5, 2020

Nov. 5, 2020

PACER
41

Mail Returned

Nov. 19, 2020

Nov. 19, 2020

PACER
7

INITIAL ORDER FOR PRO SE PRISONERS granting 1 Motion for Leave to Proceed in forma pauperis; striking the 3 Motion for Preliminary Injunction from the record, without prejudice. Signed by Magistrate Judge J. Thomas Ray on 9/12/18. (tjb) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

8

Mail Returned as Undeliverable as to Derrick Allen re 7 Initial Order for Pro Se Prisoners. (cmn) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

9

ORDER directing the Clerk to mail plaintiff a free−world Application to Proceed In Forma Pauperis; directing plaintiff to file (1) a notice of his current mailing address and (2) if he has been released a free−world Application to Proceed In Forma Pauperis by 10/25/18 8 . Signed by Magistrate Judge J. Thomas Ray on 9/25/18. (tjb) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

10

Mail Returned Undeliverable as to Derrick Allen re 9 Order, IFP free−world application. (fjg) (Entered: 10/02/2018)

Oct. 2, 2018

Oct. 2, 2018

11

ORDER dismissing this case without prejudice due to a lack of prosecution; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 11/1/2018. (ljb) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

13

APPELLATE FILING FEE NOTICE to Plaintiff. (ljb) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

14

Mail Returned Undeliverable as to Derrick Allen re 13 Appellate Filing Fee Notice. (fjg) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

15

Mail Returned Undeliverable as to Derrick Allen re 11 Order, 12 Judgment. (fjg) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

16

NOTICE of Change of Address by Derrick Allen. (thd) (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

17

MOTION for Leave to Proceed in forma pauperis by Derrick Allen (jap) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

18

MOTION to Reopen Case by Derrick Allen. (ljb) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

19

ORDER referring this case to United States Magistrate Judge J. Thomas Ray for consideration and determination of all pre−trial matters and for recommended disposition for the resolution of any dispositive matters. Signed by Judge James M. Moody Jr. on 1/7/2019. (ljb) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

20

ORDER granting 18 Allen's Motion to Reopen and 17 Motion for Leave Proceed In Forma Pauperis; directing the Clerk to reopen this case; denying 4 Allen's Motion to Amend; directing the Clerk to mail Allen a 1983 complaint form that is labeled "Amended Complaint"; and directing Allen to file, within 30 days of the date of this Order, an Amended Complaint containing the information specified in this Order. Signed by Magistrate Judge J. Thomas Ray on 2/13/2019. (cmn) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

21

MOTION for Leave to Proceed in forma pauperis by Derrick Allen. (kdr) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

22

AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Derrick Allen.(kdr) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

26

APPELLATE FILING FEE NOTICE to Plaintiff. (ljb) (Entered: 07/08/2019)

July 8, 2019

July 8, 2019

27

MOTION to Reopen Case and Objection to 24 Order of Dismissal by Derrick Allen. (kdr) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

28

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying 27 Motion to Reopen Case. Plaintiff has not put forth any grounds justifying relief from the judgment and order of dismissal, and his motion is denied. Signed by Judge James M. Moody Jr. on 7/25/19. (dpb) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

29

NOTICE OF APPEAL and NOTICE of Change of Address by Derrick Allen. (jak) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

30

APPELLATE FILING FEE NOTICE to Plaintiff. Response due by 2/3/2020.(ajt) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

31

MOTION for Leave to Appeal in forma pauperis by Derrick Allen. (ajt) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

32

ORDER denying 31 Plaintiff's motion for leave to appeal in forma pauperis. Signed by Judge James M. Moody Jr. on 01/10/2020. (ajt) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

33

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 29 Notice of Appeal re 24 Order and 25 Judgment. (ajt) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

34

USCA Docketing Letter as to 29 Notice of Appeal filed by Derrick Allen. USCA Case Number 20−1082. (ajt) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

35

ORDER of USCA as to 29 Notice of Appeal filed by Derrick Allen: The $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to pay the fee in the district court or file a motion to proceed in forma pauperis in this court within 28 days of this order. (ajt) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

36

ORDER of USCA as to 29 Notice of Appeal filed by Derrick Allen: The Clerk of the 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. (ajt) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

37

USCA JUDGMENT as to 29 Notice of Appeal filed by Derrick Allen: The court orders that this untimely appeal be dismissed for lack of jurisdiction. The full $505 appellate and docketing fees are assessed against the appellant. The court remands the collection of those fees to the district court. (ajt) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

38

ORDER of USCA as to 29 Notice of Appeal filed by Derrick Allen: The petition for rehearing by the panel is denied. The motion for a copy of the original file is also denied. (ajt) (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

39

MANDATE of USCA in accordance with the judgment of 02/03/2020 as to 29 Notice of Appeal filed by Derrick Allen. (ajt) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

Case Details

State / Territory: Arkansas

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Aug. 20, 2018

Closing Date: March 11, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is an inmate in the Pulaski County Jail who alleged that he and other prisoners were being kept locked in their cells, in violation of their constitutional and civil rights, because the jail is not properly staffed.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Pulaski County Jail (Pulaski), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Assault/abuse by residents/inmates/students

Conditions of confinement

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Type of Facility:

Government-run