Nicholson v. Earl et al
| Gary Nicholson |
| D Earl, Wellpath Medical Services, K Marter, Warden Banks, Arkansas Department of Corrections, John Does, S. Banks and Earl DeAngelo |
| 1:2022cv01011 |
| February 28, 2022 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Earl DeAngelo, Wellpath Medical Services and USM285 Forms delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #11 Amended Complaint, #6 Magistrate Notice/Consent Form, #14 Order Severing and Transferring Claim, #15 Order Directing Service.(mll) |
Filing 15
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Earl DeAngelo, Wellpath Medical Services and granting 21 days to answer. Signed by Honorable Susan O. Hickey on March 28, 2022. (cc: U.S. Marshals Service)(mll)
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Filing 14
ORDER SEVERING AND TRANSFERRING CLAIM. Signed by Honorable Barry A Bryant on March 28, 2022. (mll)
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| Filing 13 TEXT ONLY ORDER denying #12 Motion for Discovery. Discovery requests are premature at this time. Signed by Honorable Barry A Bryant on March 28, 2022. (cpg) |
| Filing 12 MOTION to Subpoena discovery documents by Gary Nicholson. Motions referred to Barry A Bryant.(cnn) |
| Filing 11 AMENDED COMPLAINT as to #2 Complaint against Wellpath Medical Services, John Does, K Marter, S. Banks, Earl DeAngelo ; Terminating D Earl, Arkansas Department of Corrections and Banks, filed by Gary Nicholson. Related document: #2 Complaint filed by Gary Nicholson.(cnn) |
| Filing 10 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. In addition, the Complaint is not on a form approved by this District. For these reasons, Plaintiff is directed to submit an Amended Complaint within 21 days of the date of this Order. The Clerk is directed to mail the Plaintiff a court-approved 1983 form.In the Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. See Rizzo v. Goode, 423 U.S. 362,371-72,377 (1976);Fed.R.Civ.P.8. Plaintiff must repeat this process for each person he has named as a Defendant. Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered. If he fails to do so, the allegations against that Defendant will be dismissed for failure to state a claim.Plaintiff must clearly designate on the face of the document that it is a First Amended Complaint. The First Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. You may not refer back to any part of the original complaint. A First Amended Complaint supersedes, or takes the place of, the original Complaint. After amendment, the Court will treat the original Complaint as nonexistent. Any cause of action that was raised in the original Complaint is waived if it is not raised in the First Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 3/23/2022. Signed by Honorable Barry A Bryant on March 2, 2022. (mlf) |
| Filing 9 CLERK'S ORDER re PLRA Initial Fee directing ADC-Cummins Unit to collect from petitioner's prison account an initial partial filing fee of $29.53; 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 8 TEXT ONLY ORDER denying #3 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 March 1, 2022. (mlf) |
| Filing 7 TEXT ONLY ORDER granting #1 Motion for Leave to Proceed in forma pauperis (42:1983). 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 March 1, 2022. (mlf) |
| MOTIONS REFERRED to Honorable Barry A. Bryant: #1 MOTION for Leave to Proceed in forma pauperis (42:1983) filed by Gary Nicholson, #3 MOTION to Appoint Counsel filed by Gary Nicholson. Motions referred to Honorable Barry A Bryant.(hnc) |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (hnc) |
| Filing 6 Magistrate Notice/Consent Form (cnn) |
| Filing 5 Case transferred in from District of Arkansas Eastern; Case Number 4:22-cv-00173. Docket sheet received. |
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Filing 4
ORDER directing the Clerk of the Court is directed to immediately transfer Plaintiff's entire case file to the Western District of Arkansas. Signed by Magistrate Judge Jerome T. Kearney on 2/25/2022. (ldb) [Transferred from ared on 2/28/2022.]
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| Filing 3 MOTION to Appoint Counsel by Gary Nicholson. (llg) [Transferred from ared on 2/28/2022.] |
| Filing 2 COMPLAINT against All Defendants filed by Gary Nicholson. (llg) [Transferred from ared on 2/28/2022.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Gary Nicholson. (llg) [Transferred from ared on 2/28/2022.] |
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