Watson v. Sims et al
| Trauoves Deshan Watson |
| T Sims, Isom, D Dunn and Andrew D Isom |
| 4:2023cv01143 |
| November 29, 2023 |
| US District Court for the Eastern District of Arkansas |
| James M Moody |
| Joe J Volpe |
| 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 January 25, 2024. A more recent docket listing may be available from PACER.
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| Filing 23 SUMMONS Returned Executed. Andrew D Isom served on 12/27/2023. (ajj) |
Filing 22
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion for order #21 . Defendant Isom has been served and counsel has entered an appearance. Signed by Magistrate Judge Joe J. Volpe on 1/24/2024. (lej)
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| Filing 21 MOTION for Status by Trauoves Deshan Watson. (ldb) |
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Filing 20
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER pursuant to the information provided in the answer (Doc. 18), the Clerk shall change Defendant's name to Andrew D. Isom. Signed by Magistrate Judge Joe J. Volpe on 1/19/2024. (lej)
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Filing 19
INITIAL SCHEDULING ORDER: Discovery due by 7/19/2024. Dispositive motions due by 8/19/2024. Dispositive motions on the issue of exhaustion due by 3/19/2024. Signed by Magistrate Judge Joe J. Volpe on 1/19/2024. (lej)
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| Filing 18 ANSWER to #2 Complaint by Isom.(Cryer, Christine) |
| Filing 17 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
| Filing 16 NOTICE of Appearance by Christine Ann Cryer on behalf of Isom (Cryer, Christine) |
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Filing 15
ORDER approving and adopting, in its entirety, #10 Partial Recommendation as this Court's findings in all respects; allowing Plaintiff to proceed with his Eighth Amendment claim that Defendant Isom, in his personal capacity, failed to prevent the 08/04/2023 attack; dismissing, without prejudice, all other claims in the Complaint, as well as Defendants Sims and Dunn; and certifying an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 01/03/2024. (llg)
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| Filing 14 NOTICE OF DOCKET CORRECTION re #2 Complaint. CORRECTION: The original document was attached in error (incomplete image file) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #2 and is attached hereto for review by the parties. (jak) |
| Filing 13 OBJECTIONS to #10 Partial Recommended Disposition by Trauoves Deshan Watson. (llg) |
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Filing 12
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion for status #11 . The Clerk shall mail a docket sheet to Plaintiff. Signed by Magistrate Judge Joe J. Volpe on 12/14/2023. (lej)
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| Filing 11 MOTION for Status by Trauoves Deshan Watson. (llg) |
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Filing 10
PARTIAL RECOMMENDED DISPOSITION that Plaintiff be allowed to proceed with his Eighth Amendment claim that Defendant Isom, in his personal capacity, failed to prevent the 8/4/2023 attack. All other claims in the complaint as well as Defendants Sims and Dunn be dismissed without prejudice. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting this recommendation would not be taken in good faith. Objections due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 12/12/2023. (lej)
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Filing 9
ORDER granting Plaintiff's IFP Application #1 . The Clerk shall mail a copy of this order to the MSU Warden, ADC Trust Bank, and ADC Compliance Office. The Clerk shall prepare a summons and the USMS shall serve Defendant ISOM without prepayment of fees and costs or security therefor. The Clerk shall mail Plaintiff a copy of the docket sheet as requested in his Notification (Doc. 7.). Signed by Magistrate Judge Joe J. Volpe on 12/12/2023. (lej)
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| Summons Issued as to Isom and forwarded to U.S. Marshal for service. (ldb) |
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Filing 8
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion for order #7 . The Clerk shall mail a copy of the docket sheet to Plaintiff. Signed by Magistrate Judge Joe J. Volpe on 12/8/2023. (lej)
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| Filing 7 NOTIFICATION by Trauoves Deshan Watson. (llg) |
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Filing 6
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to subpoena documents #3 . Discovery requests and responses are not to be filed with the Court but, instead, should be sent directly to opposing counsel, along with a certificate of service. See Fed. R. Civ. P. 5(d) (providing that "the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: (i) depositions, (ii) interrogatories, (iii) requests for documents or to permit entry upon the land, and (iv) requests for admissions."); See also Local Rule 5.5(c)(2)(stating that "[a]ny party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of Civil Procedure."). In contrast, motions to compel and/or for sanctions, pursuant to Fed. R. Civ. P. 37, and any necessary attachments will be accepted for filing. Plaintiff shall wait until counsel enters an appearance and make his request to counsel at that time. The motion to appoint counsel is denied #4 . 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 the 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 Plaintiff is capable of prosecuting these claims without appointed counsel. Signed by Magistrate Judge Joe J. Volpe on 11/30/2023. (lej)
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| Filing 5 LETTER to the Court by Trauoves Deshan Watson. (ldb) |
| Filing 4 MOTION to Appoint Counsel by Trauoves Deshan Watson. (ldb) |
| Filing 3 MOTION to Subpoena Documents by Trauoves Deshan Watson. (ldb) |
| Filing 2 COMPLAINT against All Defendants, filed by Trauoves Deshan Watson. (ldb) (Additional attachment(s) added on 12/28/2023: #1 Main Document - Correct) (jak). |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Trauoves Deshan Watson. (ldb) |
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