Tilson v. Tubbs et al
Plaintiff: Diane Tilson
Defendant: Nurse Stephanie, Nurse Amy, Clarence Capps, Johnathan Tubbs and Payton Potter
Case Number: 1:2024cv01074
Filed: October 21, 2024
Court: U.S. District Court for the Western District of Arkansas
Presiding Judge: Barry A Bryant
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 12, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2024 Filing 14 Mail Returned as Undeliverable marked No longer at this facility. Mail originally sent to Diane Tilson at Ouachita County Detention Center including #13 Response filed by Diane Tilson. No new address available. (mjm)
November 19, 2024 Filing 13 RESPONSE by Ouachita County Sheriff regarding Diane Tilson re #10 Order DIRECTING Ouachita County Sheriff David Norwood to assist Plaintiff in completing the certificate of inmate account and assets form.(mll) Modified on 11/21/2024.(mll)
November 18, 2024 Filing 12 Mail Returned as Undeliverable marked RTS not at OCSO. Mail originally sent to Diane Tilson at Ouachita Co. Detention Center including #9 Motion for Leave to Proceed In Forma Pauperis (42:1983) filed by Diane Tilson, #8 Amended Complaint filed by Diane Tilson. No new address available. New Address due by 12/18/2024. (lgd)
November 18, 2024 Filing 11 CLERK'S NOTICE OF SERVICE: CERTIFIED MAIL, RETURN RECEIPT RECEIVED for service of documents as set forth in #10 Order. C. Murphy received documents on 11/12/2024. (bjb)
November 7, 2024 Opinion or Order Filing 10 ORDER re #9 MOTION for Leave to Proceed in forma pauperis (42:1983) DIRECTING Ouachita County Sheriff David Norwood to assist Plaintiff in completing the certificate of inmate account and assets form. (See order for further specifics.) Completed IFP due by 11/27/2024. Signed by Honorable Barry A Bryant on November 7, 2024. (ria)
November 7, 2024 CERTIFIED MAIL, WITH RETURN RECEIPT ATTACHED, DELIVERED TO U.S. POSTAL SERVICE, for service of #10 Order as to Sheriff David Norwood and blank IFP application, using Certified Mail Article number 70210950000127411244. (ria) Modified text on 11/8/2024 (ria).
November 5, 2024 Filing 9 MOTION for Leave to Proceed in forma pauperis (42:1983) by Diane Tilson.(mll)
November 5, 2024 Filing 8 AMENDED COMPLAINT with Jury Demand as to #1 Complaint against Clarence Capps, Johnathan Tubbs, Nurse Amy, Nurse Stephanie, Payton Potter filed by Diane Tilson. Related document: #1 Complaint.(mll)
October 23, 2024 Filing 7 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. Plaintiff failed to submit an in forma pauperis (IFP) application with his Complaint. 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 return the completed application to this court for review and filing or pay the 350.00 dollar filing fee and 55.00 dollar administrative fee, a total of 405.00 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 405.00 dollar filing fee by the deadline. CLERK TO FOLLOW UP Completed IFP due by 11/13/2024. Signed by Honorable Barry A Bryant on October 23, 2024. (awl)
October 23, 2024 Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District. For this reason, 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 11/13/2024. Signed by Honorable Barry A Bryant on October 23, 2024. (awl)
October 21, 2024 Filing 5 TEXT ONLY MOTION for Service. (bjb)
October 21, 2024 Filing 4 NOTICE OF DIRECT ASSIGNMENT TO A U.S. MAGISTRATE JUDGE. This case has been assigned to a U.S. Magistrate Judge to conduct all proceedings and for entry of a final judgment. You must file the attached form memorializing consent or requesting reassignment to a District Judge within twenty-one (21) days. Consent or Reassignment form due by 11/11/2024. (bjb) Modified text on 10/22/2024 (lgd).
October 21, 2024 Filing 3 Case transferred in from District of Arkansas Eastern; Case Number 4:24-cv-00904. Docket sheet received.
October 21, 2024 Opinion or Order Filing 2 ORDER directing the Clerk of Court to transfer this case immediately to the United States District Court for the Western District of Arkansas. Signed by Magistrate Judge Edie R. Ervin on 10/21/2024. (jbh) [Transferred from ared on 10/21/2024.]
October 21, 2024 TEXT ONLY NOTICE: COMPLAINT (42:1983) transferred in from Eastern District of Arkansas. (bjb)
October 18, 2024 Filing 1 COMPLAINT against Doe filed by Diane Wilson. (llg) [Transferred from ared on 10/21/2024.]

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Defendant: Nurse Stephanie
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Defendant: Nurse Amy
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Defendant: Clarence Capps
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Defendant: Johnathan Tubbs
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Defendant: Payton Potter
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Plaintiff: Diane Tilson
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