Klingensmith v. Cruz et al
| Tyler B. Klingensmith |
| Nurse Heather Trimmer, Deputy Megan Rutledge, Lieutenant Robin Holt, Sergeant Joe Adams, Deputy Joseph Allen, Deputy Nicholas Guerrero, Benton County Sheriff's Department, Deputy Q. Smith, Sheriff Shawn Holloway, Lieutenant Randall McElroy, Sergeant Brady, Deputy Anthony Cobb, Nurse Fran Infante, Deputy Adrian Cruz, Benton County, Srgt. Cogdill, John Doe, Jane Doe "Notary Srgt" and Detective Jordan |
| 5:2019cv05185 |
| September 27, 2019 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Erin L Wiedemann |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 16, 2022. A more recent docket listing may be available from PACER.
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Filing 14
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Joe Adams, Joseph Allen, Brady, Anthony Cobb, Cogdill, Adrian Cruz, Nicholas Guerrero, Shawn Holloway, Robin Holt, Fran Infante, Jordan, Randall McElroy, Megan Rutledge, Heather Trimmer and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #4 Magistrate Notice/Consent Form, #11 Amended Complaint and #13 Order Directing Service. (tg) (tg).
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Filing 13
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Randall McElroy, Megan Rutledge, Adrian Cruz, Tyler B. Klingensmith, Joe Adams, Jordan, Robin Holt, Heather Trimmer, Shawn Holloway, Brady, Anthony Cobb, Nicholas Guerrero, Cogdill, Fran Infante, Joseph Allen and granting 21 days to answer, Benton County Sheriff's Department and Q. Smith terminated. Signed by Honorable Erin L. Wiedemann on November 20, 2019. (cc: U.S. Marshals Service-Certified).(tg)
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Filing 12
TEXT ONLY ORDER Directing the Clerk to change the style of the case and the case participant name to reflect the correct name of the Defendant as set forth in the #11 Amended Complaint. The name of Defendant Sergeant Jordan should be changed to Detective Jordan. CLERK TO FOLLOW UP. Signed by Honorable Erin L. Wiedemann on November 19, 2019. (smg)
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Filing 11
AMENDED COMPLAINT with jury demand as to #1 Complaint Referred (42:1983), against Randall McElroy, Megan Rutledge, Adrian Cruz, Joe Adams, Benton County Sheriff's Department, Robin Holt, Heather Trimmer, Shawn Holloway, Brady, Anthony Cobb, Nicholas Guerrero, Q. Smith, Fran Infante, Joseph Allen, Jordan, John Doe "Unknow Srgt that took pictures", Cogdill, Jane Doe "Notary Srgt", Benton County, John Doe "Unknow booking Srgt, #1", John Doe "Captain of BCJ", filed by Tyler B. Klingensmith. Related document: #1 Complaint Referred (42:1983), filed by Tyler B. Klingensmith.(tg) Modified on 11/4/2019 to add text(tg).
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Filing 10
TEXT ONLY ORDER granting in part and denying in part #8 Motion to Amend/Correct. Plaintiff is granted leave to amend his complaint. However, the Court will not file the proposed amended complaint Plaintiff submitted with his motion. The proposed complaint is not on the Court approved form and does not restate all allegations made against the Defendants. In the amended complaint, Plaintiff must write short, plain statements telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name of the Defendant who violated the right; (3) exactly what the Defendant did or failed to do; (4) how the action or inaction of that Defendant is connected to the violation of Plaintiff's constitutional rights; and (5) what specific injury Plaintiff suffered because of that Defendant's conduct. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976). Plaintiff must repeat this process for each person he has named as a Defendant. The Plaintiff must clearly designate on the face of the document that it is a first amended complaint. The first amended complaint must be retyped or rewritten in its entirety on the court-approved form and may not incorporate any part of the original complaint. A first amended complaint supersedes, or takes the place of, the original complaint. After amendment, the Court will treat the original complaint as nonexistent. Any cause of action that was raised in the original complaint is waived if it is not raised in the first amended complaint. Plaintiff is given until November 8, 2019, to file the amended complaint. Failure to comply with this Order shall result in the dismissal of this case.Signed by Honorable Erin L. Wiedemann on October 21, 2019. (smg)
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Set Deadlines: Amended Complaint due by 11/8/2019 per TEXT ONLY Order dated 10/21/2019. (tg)
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Filing 9
BRIEF in Support of Mental or Emotional Damages in #8 MOTION to Amend #1 Complaint Referred (42:1983), by Tyler B. Klingensmith. (src)
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Filing 8
MOTION to Amend #1 Complaint Referred (42:1983), by Tyler B. Klingensmith. Motions referred to Erin L. Wiedemann.(lgd)
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Filing 7
TEXT ONLY ORDER denying #6 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 Erin L. Wiedemann on October 11, 2019. (smg)
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Filing 6
MOTION to Appoint Counsel by Tyler B. Klingensmith. Motions referred to Erin L. Wiedemann.(lgd)
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Filing 5
CLERK'S ORDER re PLRA Initial Fee directing Warden, Ouachita River Unit to collect from petitioner's prison account an initial partial filing fee of $46.02; 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (tg)
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Filing 4
Magistrate Notice/Consent Form Furnished. (tg)
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Filing 3
ORDER granting #2 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 $350.00 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. Signed by Honorable Erin L. Wiedemann on September 27, 2019. (tg)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (42:1983) by Tyler B. Klingensmith. Motions referred to Erin L. Wiedemann.(tg)
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Filing 1
COMPLAINT REFERRED (42:1983) against Joe Adams, Joseph Allen, Benton County Sheriff's Department, Brady, Anthony Cobb, Adrian Cruz, Nicholas Guerrero, Shawn Holloway, Robin Holt, Fran Infante, Randall McElroy, Megan Rutledge, Q. Smith, Heather Trimmer, filed by Tyler B. Klingensmith.(tg)
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