Erwin v. Paragould Arkansas, City of et al
David Erwin and John Does |
Paragould Arkansas, City of, Billy Mcgraw and Arkansas State Police |
3:2018cv00073 |
April 16, 2018 |
US District Court for the Eastern District of Arkansas |
Jonesboro Office |
Craighead |
D. P. Marshall |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 43 ORDER denying 42 Motion to reconsider. The Court stands by its 8/19/2019 40 Order and 41 Judgment. The Court also construes 42 as a motion for leave to proceed in forma paupers on appeal, which is granted. The Court directs the Clerk to docket 42 as a notice of appeal. Signed by Chief Judge D. P. Marshall Jr. on 10/9/2019. (jak) |
Filing 41 JUDGMENT: Erwin's claims against Anthony Ganus, the City of Paragould, and its police officers are dismissed with prejudice. Erwin's claims against Billy McGraw and John Does 1-3 are dismissed without prejudice. Signed by Chief Judge D. P. Marshall Jr. on 8/19/2019. (jak) |
Filing 32 ORDER denying without prejudice 31 Motion to appoint counsel. If this case needs a trial, the Court will appoint a lawyer to represent Erwin. Signed by Judge D. P. Marshall Jr. on 5/13/2019. (jak) |
Filing 26 ORDER denying without prejudice 25 Motion to Appoint Counsel. To the extent Erwin wants the Court's help in getting documents, that request is also denied without prejudice. Erwin must first seek documents from Gaines, pursuant to Rules of Civil Procedure, No. 15 at 2. Signed by Judge D. P. Marshall Jr. on 11/9/2018. (jak)(Docket text modified on 11/9/2018 to correct a typographical error)(jak) |
Filing 15 INITIAL ORDER FOR PRO SE PLAINTIFFS. Signed by Judge D. P. Marshall Jr. on 8/20/2018. (jak) |
Filing 14 ORDER directing the Clerk's office to update the docket to show John Doe 4 is Anthony Gaines. The Court directs the Clerk to issue summons to Gaines and the U.S. Marshal must serve the summons and complaint on Gaines without charge. The Marshal must also provide Gaines a copy of Erwin's 11 Motion for reconsideration and his most recent 13 Notice. Signed by Judge D. P. Marshall Jr. on 8/6/2018. (jak) |
Filing 12 ORDER granting as modified 10 Motion to reconsider. The Court reopens this case and vacates its 10 Judgment. The settlement with Paragould remains in force, as does the Court's dismissal without prejudice of Trooper McGraw. The official cap acity claims against Greene County Sheriff's Department are dismissed without prejudice. Erwin's complaint alleges unreasonable search and seizure. The Court construes these allegations as an individual-capacity claim against the unnamed d eputy sheriff who will be John Doe 4 for now. The Court directs the Clerk to update the docket. Erwin must provide a complete name and address for service as soon as he can, and no later than 7/27/2018. Signed by Judge D. P. Marshall Jr. on 7/10/2018. (jak) |
Filing 9 AGREED ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge D. P. Marshall Jr. on 6/28/2018. (jak) |
Filing 4 ORDER granting 3 Motion to proceed in forma pauperis. Erwin is directed to provide addresses for the city and Trooper McGraw by 5/25/2018. Erwin doesn't know the names of the city officers so they will be John Does 1-3 for now. Erwin must provide their names, and their addresses for service, as soon as he can. Signed by Judge D. P. Marshall Jr. on 5/3/2018. (jak) |
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