Fargis, Jr v. Mitcham et al
| John Alvin Fargis, Jr |
| Captain Richard Mitcham, Officer Gilbert, Sheriff Ricky Roberts and Dr. Deana Hopson |
| 1:2023cv01016 |
| February 27, 2023 |
| U.S. 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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| Filing 17 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Richard Mitcham and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #4 Magistrate Notice/Consent Form, #14 Amended Complaint, #16 Order Directing Service. (bjb) |
Filing 16
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Captain Richard Mitcham and granting 21 days to answer. Signed by Honorable Barry A Bryant on April 26, 2023. (bjb)
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Filing 15
ORDER vacating #13 Order. Case unsealed. Signed by Honorable Barry A Bryant on April 26, 2023. (bjb)
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| Filing 14 AMENDED COMPLAINT against Richard Mitcham, filed by John Alvin Fargis, Jr.(bjb) |
| Filing 13 ***VACATED PER ORDER #15 *** ORDER granting #11 Motion to File Under Seal. Signed by Honorable Barry A Bryant on April 18, 2023. (bjb) Modified on 4/26/2023 (bjb). |
| Filing 12 TEXT ONLY ORDER denying #10 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. s. 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. Currently, Plaintiff has been directed to submit an amended complaint specifically describing his claims against Defendant Captain Richard Mitcham. (ECF No. 9). The Court is not persuaded that appointing counsel would benefit Plaintiff in describing claims that are within his own personal knowledge. 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 April 7, 2023.(ksb) |
| Filing 11 MOTION to File Under Seal by John Alvin Fargis, Jr. Motions referred to Barry A Bryant.(mll) |
| Filing 10 MOTION to Appoint Counsel by John Alvin Fargis, Jr. Motions referred to Barry A Bryant.(mll) |
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Filing 9
ORDER DIRECTING that an Amended Complaint be filed. Amended Complaint due by 4/25/2023. Signed by Honorable Barry A Bryant on April 4, 2023.(mll)
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Filing 8
ORDER SEVERING CLAIMS. Claims against Officer Gilbert and Dr. Hopson to be severed and opened in separate lawsuits. Officer Gilbert and Deana Hopson terminated. Signed by Honorable Barry A Bryant on March 28, 2023.(mll)
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| Filing 7 CLERK'S ORDER re PLRA Fee directing Union County Detention Center to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full. (cc: Sheriff, Union County)(mll) |
| Filing 6 TEXT ONLY ORDER finding as moot #2 Motion for Leave to Proceed in forma pauperis (42:1983); and granting #5 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 3/7/23.(ksb) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by John Alvin Fargis, Jr. Motions referred to Barry A Bryant.(bjb) |
| Filing 4 Magistrate Notice/Consent Form.(mll) |
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Filing 3
ORDER that the matter has been provisionally filed as the undersigned finds that additional information is needed to rule on Plaintiff's IFP application; ORDER DIRECTING that an Amended Complaint and completed IFP be filed by 3/20/2023. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Signed by Honorable Barry A Bryant on February 27, 2023.(mll)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by John Alvin Fargis, Jr. Motions referred to Barry A Bryant.(mll) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Officer Gilbert, Deana Hopson, Richard Mitcham, Ricky Roberts filed by John Alvin Fargis, Jr.(mll) Modified on 4/26/2023 to seal per Order 15 (bjb). |
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