Smith v. Walker et al
| Gary A. Smith |
| Warden Walker, Sergeant Golden and Miller County, Arkansas |
| 4:2022cv04005 |
| January 21, 2022 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
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Filing 19
TEXT ONLY ORDER denying #18 Motion to Appoint Counsel. Plaintiff has again requested appointment of counsel. Appointment of Counsel is made at the discretion of the Court. 28 U.S.C. Sec. 1915(e)(1). For the reasons stated in the Courts prior Order (ECF No.6) this Motion for Appointment of Counsel is DENIED. Signed by Honorable Barry A Bryant on March 22, 2022. (mlf)
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Filing 18
MOTION to Appoint Counsel by Gary A. Smith. Motions referred to Barry A Bryant.(mll)
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Filing 17
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Sergeant Golden, Miller County, Arkansas, Warden Walker and USM285 forms delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #13 Amended Complaint, #4 Magistrate Notice/Consent Form, #16 Order Directing Service.(mll)
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Filing 16
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Sergeant Golden, Miller County, Arkansas, Warden Walker and granting 21 days to answer. Signed by Honorable Barry A Bryant on March 2, 2022.(mll)
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Filing 15
TEXT ONLY ORDER denying #14 Motion to Appoint Counsel. Plaintiff has again requested appointment of counsel. Appointment of Counsel is made at the discretion of the Court. 28 U.S.C. Sec. 1915(e)(1). For the reasons stated in the Courts prior Order (ECF No.6) this Motion for Appointment of Counsel is DENIED. Signed by Honorable Barry A Bryant on February 28, 2022. (mlf)
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Filing 14
MOTION to Appoint Counsel by Gary A. Smith. (Attachments: #1 Declaration) Motions referred to Barry A Bryant.(mll)
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Filing 13
SECOND AMENDED COMPLAINT with Jury Demand against Miller County, Arkansas, Sergeant Golden, Warden Walker filed by Gary A. Smith.(mll)
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Filing 12
CLERK'S ORDER re PLRA Initial Fee directing TDCJ - Estell Unit to collect from petitioner's prison account an initial partial filing fee of $9.30; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full (cc: Warden, Estell Unit - TDCJ).(mll)
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Filing 11
TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Amended Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. For this reason, Plaintiff is directed to submit a Second Amended Complaint within 21 days of the date of this Order. The Clerk is directed to mail the Plaintiff a court-approved 1983 form.In the Second Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. See Rizzo v. Goode, 423 U.S. 362,371-72,377 (1976);Fed.R.Civ.P.8. Plaintiff must repeat this process for each person he has named as a Defendant. Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered. If he fails to do so, the allegations against that Defendant will be dismissed for failure to state a claim.Plaintiff must clearly designate on the face of the document that it is a Second Amended Complaint. The Second Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. You may not refer back to any part of the original complaint or First Amended Complaint. A Second Amended Complaint supersedes, or takes the place of, the original Complaint and First Amended Complaint. After amendment, the Court will treat the original Complaint and First Amended Complaint as nonexistent. Any cause of action that was raised in the original or First Amended Complaint is waived if it is not raised in the Second Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Second Amended Complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 3/2/2022. Signed by Honorable Barry A Bryant on February 9, 2022. (mlf)
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Filing 10
TEXT ONLY ORDER finding as moot #2 Motion for Leave to Proceed in forma pauperis (42:1983). Signed by Honorable Barry A Bryant on February 9, 2022. (mlf)
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Filing 9
TEXT ONLY ORDER granting #8 Motion for Leave to Proceed in forma pauperis (42:1983). Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the filing fee from the Plaintiff.Plaintiff is advised that he is required to immediately inform the Court of any change of address. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of the new address. Plaintiff shall submit a change of address on a separate piece of paper entitled Notice to the Court of Change of Address and not include any motions or otherwise request relief in this document. The notice shall contain only information pertaining to the address change. The case will be subject to dismissal if Plaintiff fails to inform the Court of an address change. The Clerk is directed to collect the filing fee in the amount of $ $350.00. Signed by Honorable Barry A Bryant on February 9, 2022. (mlf)
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Filing 8
MOTION for Leave to Proceed in forma pauperis (42:1983) by Gary A. Smith. Motions referred to Barry A Bryant.(mll)
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Filing 7
AMENDED COMPLAINT with Jury Demand against Miller County, Arkansas, Sergeant Golden, Warden Walker filed by Gary A. Smith.(mll)
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Filing 6
TEXT ONLY ORDER denying #5 Motion to Appoint Counsel. A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action but the Court may appoint counsel at its discretion. 28 U.S.C. 1915(e)(1). The Court has considered the need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual and legal complexity of the case, and whether Plaintiff has the ability to investigate and present this case. In considering these factors, the Court finds that the claims do not appear legally or factually complex, and Plaintiff is adequately prosecuting this case at this time. The Court finds Plaintiff is capable of prosecuting his claims without appointed counsel. At a later stage in the case, Plaintiff may again request appointment of counsel if Plaintiff believes the circumstances justify such an appointment. Signed by Honorable Barry A Bryant on February 7, 2022. (mlf)
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Filing 5
MOTION to Appoint Counsel by Gary A. Smith. Motions referred to Barry A Bryant.(mll)
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Filing 4
Magistrate Notice/Consent Form.(mll)
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Filing 3
ORDER that the matter has been provisionally filed as the undersigned finds that additional information is needed to rule on Plaintiff's IFP application. Specifically the Court requires the following information: completed IFP. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order; ORDER DIRECTING that an Amended Complaint and completed IFP be filed. (Amended Complaint and completed IFP due by 2/11/2022). Signed by Honorable Barry A Bryant on January 21, 2022.(mll)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (42:1983) by Gary A. Smith. Motions referred to Barry A Bryant.(mll)
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Filing 1
COMPLAINT REFERRED (42:1983) against Sergeant Golden, Miller County, Arkansas, Warden Walker filed by Gary A. Smith.(mll)
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