Sweetland v. Florance et al
| Dustin D Sweetland |
| Jail Administrator Pevehouse, Hollenbeck, Doe and Jailer Florance |
| 2:2019cv02023 |
| February 5, 2019 |
| US District Court for the Western District of Arkansas |
| Fort Smith Office |
| Mark E Ford |
| P K Holmes |
| P K Holmes |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 11, 2019. A more recent docket listing may be available from PACER.
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| Filing 14 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Florance and USM285 Form Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #13 Order Directing Service, #6 Magistrate Notice/Consent Form, #8 Amended Complaint. (lw) |
Filing 13
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Florance and granting 21 days to answer. Signed by Honorable Mark E. Ford on April 2, 2019. (lw)
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Filing 12
ORDER re #8 Amended Complaint filed by Dustin D Sweetland. Plaintiff's official capacity claims and his personal capacity claims against Sheriff Hollenbeck, Jail Administrator Pevehouse and Doe Medical Supervisor are DISMISSED WITHOUT PREJUDICE. Plaintiff's personal capacity claims for excessive force and denial of medical care against Defendant Florance remain for consideration. Signed by Honorable P. K. Holmes III on April 1, 2019. (mjm)
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| Filing 11 CLERK'S ORDER re PLRA Fee directing ADC - Tucker Unit 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (hnc) |
| Filing 10 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 Mark E. Ford on March 7, 2019. (klk) |
| Filing 9 TEXT ONLY ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Pursuant to the provisions of the Prison Litigation Reform Act, the clerk is directed to collect the $350.00 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, he shall have 30 days from the date of transfer in which to notify the Court of his 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. Plaintiffs case shall be subject to dismissal if he fails to inform the Court of an address change. Signed by Honorable Mark E. Ford on March 7, 2019. (klk) |
| Filing 8 AMENDED COMPLAINT as to #2 Complaint against Hollenbeck, Pevehouse, Florance, Doe, filed by Dustin D Sweetland. Related document: #2 Complaint filed by Dustin D Sweetland.(hnc) |
| Filing 7 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 2/26/2019. Signed by Honorable Mark E. Ford on February 5, 2019. (klk) |
| Filing 6 Magistrate Notice/Consent Form. (lw) |
| Filing 5 Case transferred in from District of Arkansas Eastern; Case Number 4:19-cv-00074. Docket sheet received. |
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Filing 4
ORDER directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the United States District Court for the Western District of Arkansas. Signed by Judge James M. Moody Jr. on 2/5/2019. (ljb) [Transferred from ared on 2/5/2019.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (lw) |
| MOTIONS REFERRED: #1 MOTION for Leave to Proceed in forma pauperis, #3 MOTION to Appoint Counsel. Motions referred to Honorable Mark E. Ford.(lw) |
| Filing 3 MOTION to Appoint Counsel by Dustin D Sweetland. (ljb) [Transferred from ared on 2/5/2019.] |
| Filing 2 COMPLAINT against All Defendants filed by Dustin D Sweetland. (ljb) [Transferred from ared on 2/5/2019.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Dustin D Sweetland. (ljb) [Transferred from ared on 2/5/2019.] |
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