Smothers v. Richardson et al
| Jason Ray Smothers |
| Rodney Brown, Janice Blake, Rolanda Scruggs, Michael Richardson, Jackson, John Haynes, Dexter Payne, Padilla, Davis, Lane, Archie, Palmer, James, Does Records Dept., Classification Dept., Infirmary Dept., Commissary Dept., Max Security, Mail Room Staff, Mental Health Dept., EARU, ADC and Christy D Comstock |
| 2:2025cv00007 |
| January 13, 2025 |
| U.S. District Court for the Eastern District of Arkansas |
| Patricia S Harris |
| Brian S Miller |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on May 8, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 16 Second MOTION for Temporary Restraining Order by Jason Ray Smothers. (cmn) |
| Filing 15 MOTION to Change Venue by Jason Ray Smothers. (ajj) |
| Filing 14 AMENDED COMPLAINT against All Defendants filed by Jason Ray Smothers. (ajj) |
Filing 13
ORDER denying #9 motion to change venue; denying #10 motion for evidence; and denying #11 motion to appoint counsel. Signed by Magistrate Judge Patricia S. Harris on 2/4/2025. (jak)
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| Filing 12 MOTION for Temporary Restraining Order by Jason Ray Smothers. (ajj) |
| Filing 11 MOTION to Appoint Counsel by Jason Ray Smothers. (ajj) |
| Filing 10 MOTION for Evidence by Jason Ray Smothers. (ajj) |
| Filing 9 MOTION to Change Venue by Jason Ray Smothers. (ajj) |
| Filing 8 EVIDENCE by Jason Ray Smothers. (ajj) |
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Filing 7
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #6 Motion to Appoint Counsel. Pursuant to an Order entered January 15, 2025, plaintiff must file an amended complaint to clarify his claims. See Doc. No. #5 . He appears capable of doing so at this time. Accordingly, his request for counsel is DENIED. 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. s. 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 plaintiffs 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. Additionally, with respect to plaintiff's "need for a TRO," he should note that motions for injunctive relief must be filed by separate motion with an accompanying brief. See Local Rule 7.2(e). Signed by Magistrate Judge Patricia S. Harris on 1/29/2025. (cfd)
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| Filing 6 MOTION to Appoint Counsel by Jason Ray Smothers. (ldb) |
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Filing 5
INITIAL ORDER FOR PRO SE PRISONER PLAINTIFFS granting #2 IFP motion; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk to send a copy of this Order to the Warden of the East Arkansas Regional Unit and the appropriate ADC Offices; directing the Clerk of Court to send a blank 1983 complaint form to Smothers; and allowing Smothers to file an amended complaint within 30 days. Signed by Magistrate Judge Patricia S. Harris on 1/15/2025. (ldb)(Docket text modified on 1/15/2025 to correct the description of the document filed)(jak)
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| NOTICE OF DOCKET CORRECTION re #5 Order. CORRECTION: The docket text was modified to correct the description of the document filed as "INITIAL ORDER FOR PRO SE PRISONER PLAINTIFFS" as marked on the document.(jak) |
| Filing 4 Case electronically transferred in from the U.S. District Court, Western District of Arkansas; Case Number 5:25-cv-05008. Electronic file copy of transfer order and docket sheet received. |
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Filing 3
ORDER TRANSFERRING CASE to District of Eastern District of Arkansas, Delta Division. Docket Sheet and case documents sent to receiving court. Signed by Honorable Christy D. Comstock on January 13, 2025. (ria) [Transferred from arwd on 1/13/2025.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Jason Ray Smothers. (ria) [Transferred from arwd on 1/13/2025.] |
| Filing 1 COMPLAINT (42:1983) against Janice Blake, Rodney Brown, Michael Richardson, Rolanda Scruggs, filed by Jason Ray Smothers.(ria) [Transferred from arwd on 1/13/2025.] |
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