Jones v. Tubbs
| Lynn Demetris Jones |
| Johnathan Sherod Tubbs and Sheriff Ricky Roberts |
| 1:2021cv01053 |
| November 3, 2021 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 20 TEXT ONLY ORDER denying #17 Plaintiff's Motion requesting counsel and a subpoena for the testimony of a potential witness. On December 8, 2021, the Court entered a Report and Recommendation recommending this case be dismissed because Plaintiff failed to state any plausible claims for relief. In addition, Plaintiff is not entitled to an attorney in a civil case. 28 U.S.C. Section 1915 (e)(1). Signed by Honorable Barry A Bryant on December 15, 2021. (mlf) |
| Filing 19 TEXT ONLY ORDER denying #16 Plaintiff's Motion for an order to subpoena a polygraph test for Defendant Tubbs. On December 8, 2021, the Court entered a Report and Recommendation recommending this case be dismissed because Plaintiff has failed to state any plausible claims for relief. Accordingly, Plaintiff's motion is denied. Signed by Honorable Barry A Bryant on December 15, 2021. (mlf) |
| Filing 18 TEXT ONLY ORDER REFERRING #16 MOTION for subpoena to produce documents and #17 MOTION for subpoena to produce documents filed by Lynn Demetris Jones to Honorable Barry A. Bryant, U.S. Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(A) and Local Rule 72.1. Signed by Honorable Susan O. Hickey on December 14, 2021. Motions referred to Barry A Bryant.(rwg) |
| Filing 17 MOTION for subpoena to produce documents by Lynn Demetris Jones. (cnn) |
| Filing 16 MOTION for subpoena to produce documents by Lynn Demetris Jones. (cnn) |
| Filing 15 REPORT AND RECOMMENDATIONS re #8 Amended Complaint filed by Lynn Demetris Jones. Objections to R&R due by 12/27/2021; re dismissal of case, any appeal would not be in good faith and constitutes a 1915(g) strike flag. Signed by Honorable Barry A Bryant on December 8, 2021. (cnn) |
| Filing 14 CLERK'S ORDER re PLRA Initial Fee directing North Central Unit to collect from petitioner's prison account an initial partial filing fee of $1.67; 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). (cnn) |
| Filing 13 TEXT ONLY ORDER finding as moot #9 Motion for Leave to Proceed in forma pauperis (42:1983). Signed by Honorable Barry A. Bryant on November 22, 2021. (mlf) |
| Filing 12 TEXT ONLY ORDER granting #11 Motion for Leave to Proceed in forma pauperis (42:1983). Plaintiff also provided information in his first motion to proceed in forma pauperis (ECF No. 9)to complete the Court's requirements when combined with (ECF No. 11). Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the 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. The Clerk is directed to collect the filing fee in the amount of $ $350.00. Signed by Honorable Barry A. Bryant on November 22, 2021. (mlf) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis (42:1983) by Lynn Demetris Jones. Motions referred to Barry A. Bryant.(cnn) |
| Filing 10 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. Plaintiff submitted an in forma pauperis (IFP) application. (ECF No. 9) However, he failed to have the certification regarding inmate funds held in his name completed for the IFP application. For this reason, the Clerk is directed to send Plaintiff a blank Prisoner IFP Application. Plaintiff is given 21 days from the date of this Order to either have the certificate portion of the IFP application completed by the appropriate detention center official and return the application to the Court for review and filing or pay the 350.00 dollar filing fee and 52.00 dollar administrative fee, a total of 402.00 dollars. This case shall be subject to dismissal for failure to obey an order of the Court if Plaintiff fails to return the completed IFP application or pay the 402.00 dollar filing fee by the deadline. CLERK TO FOLLOW UP Completed IFP due by 12/10/2021. Signed by Honorable Barry A. Bryant on November 19, 2021. (mlf) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis (42:1983) by Lynn Demetris Jones. Motions referred to Barry A. Bryant.(cnn) |
| Filing 8 AMENDED COMPLAINT with Jury Demand as to #1 Complaint against Johnathan Sherod Tubbs, Ricky Roberts, filed by Lynn Demetris Jones. Related document: #1 Complaint filed by Lynn Demetris Jones.(cnn) |
| 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 Barry A. Bryant on November 17, 2021. (mlf) |
| Filing 6 MOTION to Appoint Counsel by Lynn Demetris Jones. Motions referred to Barry A. Bryant.(cnn) |
Filing 5
ORDER DIRECTING that an Amended Complaint and completed IFP be filed. Amended Complaint and completed IFP due by 11/29/2021. Signed by Honorable Barry A. Bryant on November 4, 2021.(cnn)
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| Filing 4 Magistrate Notice/Consent Form (cnn) |
| Filing 3 Case transferred in from District of Arkansas Eastern; Case Number 4:21-cv-00985. Docket sheet received. |
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Filing 2
ORDER that the Clerk is directed to immediately transfer this case to the USDC for the W/D of Arkansas. Signed by Magistrate Judge Joe J. Volpe on 11/3/2021. (lej) [Transferred from ared on 11/3/2021.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Arkansas Eastern. (cnn) |
| Filing 1 COMPLAINT against Johnathan Sherod Tubbs, filed by Lynn Demetris Jones.(kdr) [Transferred from ared on 11/3/2021.] |
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