Murphy v. Hutchinson et al
| Lisa Ryan Murphy |
| Hearington, Jane Doe, Pamala Malotte, Swift, Hutchinson, Bradley, Hughes, Loria, Luther, Lewis, Harrison Hospital, Dexter Payne, Kizer, Britt, Pate, Allbritton, Don Campble, McLuskey, Laryea, Wendy Kelly, Huston, Koss and Rudd |
| 1:2018cv00070 |
| September 14, 2018 |
| US District Court for the Eastern District of Arkansas |
| Patricia S Harris |
| James M Moody |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on July 24, 2019. A more recent docket listing may be available from PACER.
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Filing 51
ORDER denying without prejudice #49 motion to amend. Signed by Magistrate Judge Patricia S. Harris on 11/8/2018. (ljb)
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Filing 50
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. The Court finds a response by defendants would be helpful in deciding the pending motion for preliminary injunction filed by Plaintiff (Doc. No. #27 ). A copy of this Order should be emailed to counsel for defendants Hutchinson and Hughes at michelle@humphrieslaw.net. Defendants' response is due on or before November 15, 2018. Signed by Magistrate Judge Patricia S. Harris on 11/8/2018. (cfd)
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| Filing 49 MOTION to Amend #5 Amended Complaint by Lisa Ryan Murphy. (llg) |
| Filing 48 EVIDENCE by Lisa Ryan Murphy. (llg) |
| Filing 47 REPLY to Response to Motion re #28 MOTION to Amend filed by Lisa Ryan Murphy. (llg) |
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Filing 46
ORDER directing Murphy to provide an address for defendant LPN Huston within 30 days. Signed by Magistrate Judge Patricia S. Harris on 11/5/2018. (ljb)
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Filing 45
ORDER directing the Clerk of the Court to correct the defendant's name on the case docket and prepare a summons for Dr. Laryea; and directing the U.S. Marshal to serve a copy of #5 , #6 , #17 amended complaint and addendums, and summons on Dr. Laryea without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Patricia S. Harris on 11/5/2018. (cmn)
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| Summons Reissued as to Laryea and forwarded to the U.S. Marshal for service. (cmn) |
| Filing 44 SUMMONS Returned Executed. Don Campble served on 10/22/2018. (fjg) |
| Filing 43 SUMMONS Returned Executed. Hughes served on 10/22/2018. (fjg) |
| Filing 42 SUMMONS Returned Executed. Hutchinson served on 10/22/2018. (fjg) |
| Filing 41 SUMMONS Returned Executed. Britt served on 10/22/2018. (fjg) |
| Filing 40 Summons Returned Unexecuted on 10/22/2018 as to Huston. (fjg) |
| NOTICE OF DOCKET CORRECTION re #38 Response. CORRECTION: The docket entry was modified to correct the file date as 10/29/2018 as marked on the document. (jak) |
| Filing 39 RESPONSE to #30 Motion to Dismiss filed by Lisa Ryan Murphy. (ljb) |
| Filing 38 RESPONSE to #15 Order by Lisa Ryan Murphy. (ljb) (Docket entry modified on 10/30/2018 to correct the file date)(jak) |
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Filing 37
ORDER denying without prejudice #28 , #33 , and #35 motions; denying without prejudice as premature #34 motion to appoint a medical expert; and directing the Clerk of Court to send Murphy a blank 1983 form. Signed by Magistrate Judge Patricia S. Harris on 10/29/2018. (ljb)
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| Filing 36 RESPONSE in Opposition re #28 MOTION to Amend/Correct #2 Complaint filed by Bradley, Hearington, Lewis, Swift. (Bell, Patricia) |
| Filing 35 MOTION to Strike #25 Motion and #26 Order to Dismiss Defendants by Lisa Ryan Murphy. (ljb) |
| Filing 34 MOTION to Appoint Medical Expert by Lisa Ryan Murphy. (ljb) |
| Filing 33 MOTION to Amend #2 Complaint by Lisa Ryan Murphy. (ljb) |
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Filing 32
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. On 10/22/2018, defendants filed a motion to dismiss, along with a brief in support. If plaintiff Murphy wishes to respond, he must do so no later than 14 days after this order's entry date. Although Murphy is not required to respond, if he does not do so, the Court will decide the motion without the benefit of his input. Signed by Magistrate Judge Patricia S. Harris on 10/23/2018. (cfd)
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| Filing 31 BRIEF IN SUPPORT re #30 Motion to Dismiss filed by Bradley, Hearington, Lewis, Swift. (Bell, Patricia) |
| Filing 30 MOTION to Dismiss by Bradley, Hearington, Lewis, Swift (Bell, Patricia) |
| Filing 29 NOTICE of Appearance by Patricia V. Bell on behalf of Bradley, Hearington, Lewis, Swift (Bell, Patricia) |
| Filing 28 MOTION to Amend #2 Complaint by Lisa Ryan Murphy. (ljb) |
| Filing 27 MOTION for Preliminary Injunction by Lisa Ryan Murphy. (ljb) |
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Filing 26
ORDER granting #25 Murphy's motion to voluntarily dismiss defendants. Her claims against Campbell and Britt are dismissed without prejudice. Signed by Magistrate Judge Patricia S. Harris on 10/18/2018. (ljb)
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| Filing 25 MOTION to Dismiss Parties by Lisa Ryan Murphy. (ljb) |
| Filing 24 ANSWER to #2 Complaint, #6 Amended Complaint, #5 Amended Complaint , ANSWER to #2 Complaint, #6 Amended Complaint, #5 Amended Complaint , ANSWER to #2 Complaint, #6 Amended Complaint, #5 Amended Complaint by Loria. (Attachments: #1 Exhibit A)(Bone, Tyler) |
| Filing 23 NOTICE of Appearance by Tyler Daniel Bone on behalf of Loria (Bone, Tyler) |
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Filing 22
ORDER approving and adopting in their entirety #8 Proposed Findings and Partial Recommended Disposition as this Court's findings in all respects; and dismissing without prejudice Murphy's claims against defendants Malotte, Luther, Jane Doe, Harrison Hospital, LPN Kizer, Lieutenant McLuskey, CO Rudd, Director Wendy Kelley, Assistant Director Dexter Payne, RN Allbritton, and Medical Director Koss. Signed by Judge James M. Moody Jr. on 10/17/2018. (ljb)
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| Filing 21 ANSWER to #6 Amended Complaint, #5 Amended Complaint with Jury Demand , ANSWER to #6 Amended Complaint, #5 Amended Complaint with Jury Demand by Pate.(Bone, Tyler) |
| Filing 20 NOTICE of Appearance by Tyler Daniel Bone on behalf of Pate (Bone, Tyler) |
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Filing 19
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #17 Motion to Amend/Correct. The Clerk of Court is directed to docket Murphy's motion to amend (Doc. No. #17 ) as an addendum to her complaint. Signed by Magistrate Judge Patricia S. Harris on 10/12/2018. (cfd)
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Filing 18
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #16 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 plaintiff's need for an attorney, the likelihood that plaintiff will benefit from assistance of counsel, the factual complexity of the case, the plaintiff's ability to investigate and present his case, and the complexity of the legal issues. In considering these factors, the Court finds that plaintiff's claims do not appear legally or factually complex, and it appears he is capable of prosecuting his claims without appointed counsel at this time. Signed by Magistrate Judge Patricia S. Harris on 10/12/2018. (cfd)
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| Filing 17 ADDENDUM re #2 Complaint by Lisa Ryan Murphy. (kdr) [Docket text modified on 10/12/2018 pursuant to 19 Order] (jak) |
| Filing 16 MOTION to Appoint Counsel by Lisa Ryan Murphy. (kdr) |
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Filing 15
ORDER directing Murphy to provide a full name and address for Dr. Loria within 30 days. Signed by Magistrate Judge Patricia S. Harris on 10/12/2018. (ljb)
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| Filing 14 Letter from attorney Tyler D. Bone regarding non-service on Dr. Loria #9 . (ljb) |
| Filing 13 SUMMONS Returned Executed. Bradley served on 10/1/2018. (fjg) |
| Filing 12 SUMMONS Returned Executed. Hearington served on 10/1/2018. (fjg) |
| Filing 11 SUMMONS Returned Executed. Lewis served on 10/1/2018. (fjg) |
| Filing 10 SUMMONS Returned Executed. Swift served on 10/1/2018. (fjg) |
| Filing 9 SUMMONS Returned Executed. Loria served on 10/1/2018. (llg) |
| Filing 8 PROPOSED FINDINGS AND PARTIAL RECOMMENDATION recommending that defendants CO Malotte, CO Luther, Jane Doe, Harrison Hospital, LPN Kizer, Lieutenant McLuskey, CO Rudd, Director Wendy Kelley, Assistant Director Dexter Payne, RN Allbritton, and Medical Director Koss be dismissed without prejudice. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Patricia S. Harris on 9/26/2018. (ljb) |
| Summons Issued as to Bradley, Britt, Don Campble, Hearington, Hughes, Huston, Hutchinson, Lewis, Loria, Pate, Swift and forwarded to the U.S. Marshal for service. (ljb) |
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Filing 7
ORDER directing the Clerk of Court to prepare summons for Dr. Loria, Dr. Pate, Dr. Hughes, APN Hutchinson, LPN Britt, Nurse Huston, DON Campble, Warden Hearington, Warden Bradley, Major Lewis, and Captain Swift and the U.S. Marshal to serve a copy of the #5 and #6 amended complaints and summons without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Patricia S. Harris on 9/25/2018. (ljb)
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| Filing 6 ADDENDUM to #5 Amended Complaint against All Defendants, filed by Lisa Ryan Murphy.(kdr) |
| Filing 5 AMENDED COMPLAINT against All Defendants filed by Lisa Ryan Murphy. (ljb) |
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Filing 4
INITIAL ORDER FOR PRO SE PRISONER PLAINTIFFS. Signed by Magistrate Judge Patricia S. Harris on 9/19/2018. (ljb)
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Filing 3
ORDER granting #1 motion for leave to proceed in forma pauperis; directing Murphy to submit an amended complaint no later than 30 days after the entry of this order; directing the Clerk of Court to send a 1983 complaint form to Murphy; directing monthly payments be made from Murphy's institutional account until a total of $350 has been paid; directing the Clerk of Court to send a copy of this order to the Warden of the McPherson Unit and the ADC Offices; and finding that service is not appropriate at this time. Signed by Magistrate Judge Patricia S. Harris on 9/18/2018. (cel)
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| Filing 2 COMPLAINT against All Defendants filed by Lisa Ryan Murphy. (ljb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Lisa Ryan Murphy. (ljb) |
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