McDonald v. Massey et al
Plaintiff: Orlanda Marcell McDonald and Orlando Marcell McDonald
Defendant: Deputy Trevor Massey, Nurse Colleen Montgomery and Sergeant Kim Taulbee
Case Number: 2:2020cv02098
Filed: June 16, 2020
Court: US District Court for the Western District of Arkansas
Presiding Judge: Mark E Ford
Referring Judge: P K Holmes
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 14, 2021 Filing 82 JUDGMENT entered, this matter is DISMISSED WITHOUT PREJUDICE. Signed by Honorable P. K. Holmes III on May 14, 2021. (jlm)
May 14, 2021 Opinion or Order Filing 81 ORDER ADOPTING re #79 Report and Recommendations. Judgment will be entered accordingly. Signed by Honorable P. K. Holmes III on May 14, 2021. (jlm)
April 27, 2021 Filing 80 NOTICE of Change of Address by Alexandra Gabrielle Ah Loy.. (Ah Loy, Alexandra)
April 26, 2021 Filing 79 REPORT AND RECOMMENDATIONS re #1 Complaint Referred (42:1983) filed by Orlando Marcell McDonald. Objections to R&R due by 5/13/2021. Signed by Honorable Mark E. Ford on April 26, 2021. (jlm)
March 26, 2021 Filing 78 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order (ECF No. 77) directing Plaintiff to file a summary judgment response by March 23, 2021. This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by April 16, 2021. Signed by Honorable Mark E. Ford on March 26, 2021. (smg)
March 2, 2021 Filing 77 TEXT ONLY ORDER DIRECTING RESPONSE TO MOTIONS [ECF Nos. 71 and 74] FOR SUMMARY JUDGMENT. Plaintiff is directed to file Responses to the Motions for Summary Judgment within 21 days. At the summary judgment stage, a plaintiff can not rest upon mere allegations and, instead, must meet proof with proof. See Fed.R.Civ.P. 56(e). This means the the Response must include legal arguments, as well as affidavits, prison records, or other evidence establishing that there is a genuine issue of material fact that must be resolved at a hearing or trial. The affidavit must be based upon the personal knowledge of the person executing the affidavit and must be either: (1) sworn and subscribed to by a notary public;or (2) executed under penalty of perjury, as provided for by 28 U.S.C. 1746.Furthermore, Plaintiff must also separately file a Statement of Disputed Facts, which lists: (a) any disagreement with the specifically numbered factual assertions contained in the Statement of Undisputed Facts filed by the Defendant;and (b) any other disputed facts that must be resolved at a hearing or trial. If Plaintiff disputes any of the facts set forth by the Defendant in the Statement of Undisputed Facts, each numbered paragraph must be identified that contains the fact in dispute and, for each paragraph identified, explain why there is a dispute.Plaintiff is advised that if he intends to rely upon any records or exhibits that have been previously filed with the Court, Plaintiff must specifically refer to those documents by ECF document and page numbers. The Court will not sift through the file to find support for the factual contentions. See Crossley v. Georgia-Pacific Corp., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (affirming the grant of summary judgment because a plaintiff failed to properly refer to specific pages in the record that supported his position).Plaintiff is advised that the failure to timely and properly comply with this Order will result in: (a) all of the facts set forth by the Defendant in the summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c);and/or (b) shall subject this case to dismissal, without prejudice, pursuant to Local Rule 5.5(c)(2). Responses to the two Motions for Summary Judgment due by 3/23/2021. Signed by Honorable Mark E. Ford on March 2, 2021. (smg)
March 1, 2021 Filing 76 MEMORANDUM BRIEF in Support of #74 MOTION for Summary Judgment by Colleen Montgomery. (Ah Loy, Alexandra)
March 1, 2021 Filing 75 STATEMENT OF FACTS in support of #74 MOTION for Summary Judgment by Colleen Montgomery. (Ah Loy, Alexandra)
March 1, 2021 Filing 74 MOTION for Summary Judgment by Colleen Montgomery. (Attachments: #1 Exhibit Turn Key Records, #2 Exhibit Turn Key Tasks, #3 Exhibit Mercy After-Visit Summary (1-17-20), #4 Exhibit Email Correspondence, #5 Exhibit Mercy After-Visit Summary (12-5-19), #6 Exhibit Mercy ED Records, #7 Exhibit Dr. Kelly's Records, #8 Exhibit Booking Screening, #9 Exhibit Probable Cause Affidavit, #10 Exhibit Montgomery Affidavit, #11 Exhibit Carter Affidavit, #12 Exhibit Mercy Records in Response to SDT)Motions referred to Mark E. Ford.(Ah Loy, Alexandra)
March 1, 2021 Filing 73 STATEMENT OF FACTS in support of #71 MOTION for Summary Judgment by Trevor Massey, Kim Taulbee. (Attachments: #1 Exhibit 1 - Massey Affidavit, #2 Exhibit 2 - Taulbee Affidavit)(Owens, Jason)
March 1, 2021 Filing 72 MEMORANDUM BRIEF in Support of #71 MOTION for Summary Judgment by Trevor Massey, Kim Taulbee. (Owens, Jason)
March 1, 2021 Filing 71 MOTION for Summary Judgment by Trevor Massey, Kim Taulbee. Motions referred to Mark E. Ford.(Owens, Jason)
February 19, 2021 Filing 70 TEXT ONLY ORDER granting #69 Motion for Leave to Proceed in forma pauperis (IFP). Plaintiff has been released from jail. He still qualifies for IFP status. Signed by Honorable Mark E. Ford on February 19, 2021. (smg)
February 19, 2021 Filing 69 COMPLETED MOTION for Leave to Proceed in forma pauperis by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(mjm)
January 20, 2021 Filing 68 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. Plaintiff was asked to complete a new in forma pauperis (IFP) application when he was released from jail. On January 19, 2021, Plaintiff submitted an IFP application (ECF No. 67). However, the application is incomplete because Plaintiff failed to answer questions 5 through 7. For this reason, the Clerk is directed to send Plaintiff a blank 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 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 February 10, 2021. Signed by Honorable Mark E. Ford on January 20, 2021. (smg)
January 19, 2021 Filing 67 MOTION for Leave to Proceed in forma pauperis by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(lw)
January 7, 2021 Filing 66 TEXT ONLY ORDER. Plaintiff has submitted a change of address indicating he is no longer incarcerated. In view of this, the Court must determine if Plaintiff is still eligible for in forma pauperis (IFP) status. Plaintiff is therefore directed to file a new IFP application. The Clerk is directed to provide the Plaintiff with a non-prisoner IFP form. The completed IFP application is due by January 28, 2021. Failure to comply with this Order shall result in the dismissal of this case. Signed by Honorable Mark E. Ford on January 7, 2021. (smg)
January 7, 2021 Filing 65 Response to Honorable Courts from Orlando McDonald (jlm)
January 7, 2021 Filing 64 NOTICE of Change of Address for Orlando McDonald. Documents that have previously been returned are being resent including #57 Service by Clerk - Return Receipt Received (Other), 58 Order on Motion to Appoint Counsel.(jlm) (Main Document 64 replaced on 1/7/2021) (lw).
December 30, 2020 Filing 63 Mail Returned as Undeliverable marked Insufficient address. Mail originally sent to Orlando Marcell McDonald at ADC-Grimes Unit, 300 Corrections Drive, Newport AR including, 60 Order on Motion to Continue. Resent document 60 Order on Motion to continue along with documents #57 Service by Clerk - Return Receipt Received (Other) 58 Order on Motion to Appoint Counsel to 3408 Glen Ivy Drive, McKinney, TX 75071. (mjm) Modified on 1/4/2021 to edit file date (mjm).
December 15, 2020 Filing 62 THIS DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS.Medical Records requested from Dr. Kelly and Dr. Benton per #53 Order. (lw)
December 15, 2020 Filing 61 Mail Returned as Undeliverable marked Paroled. Mail originally sent to Orlando Marcell McDonald at ADC - GRIMES UNIT 300 Correction Drive Newport, AR 72112 including #57 Service by Clerk - Return Receipt Received (Other), 58 Order on Motion to Appoint Counsel. No new address available. New Address due by 1/14/2021. (jlm)
December 11, 2020 Filing 60 TEXT ONLY ORDER granting #59 Motion to Continue the deadlines set forth in the Initial Scheduling Order #26 . The Discovery Deadline is extended to 1/29/2021. The Motion for Summary Judgment Deadline is extended to 3/1/2021.Signed by Honorable Mark E. Ford on December 11, 2020. (smg)
December 11, 2020 Reset Deadline: Summary Judgment Motion due by 3/1/2021, per 60 TEXT ONLY ORDER. (mjm)
December 10, 2020 Filing 59 Unopposed MOTION to Continue Scheduling Order by Colleen Montgomery. Motions referred to Mark E. Ford.(Ah Loy, Alexandra)
December 3, 2020 Filing 58 TEXT ONLY ORDER denying #56 Motion to Appoint Counsel. Plaintiff has again requested appointment of counsel. Appointment of Counsel is made at the discretion of the Court. 28 U.S.C. Sec. 1915(e)(1). Review of the file establishes that the Plaintiff has adequately been representing himself. He has filed several requests asking the Court to subpoena relevant documents on his behalf. These documents and other documents filed by the Plaintiff demonstrate that he has an understanding of the issues in this case and of how to conduct discovery.For the reasons stated here and in the Courts prior Orders (ECF Nos. 7, 14, & 28), this Motion for Appointment of Counsel is DENIED. Signed by Honorable Mark E. Ford on December 3, 2020. (smg)
December 2, 2020 Filing 57 CLERK'S NOTICE OF SERVICE: CERTIFIED MAIL, RETURN RECEIPT RECEIVED for service of documents as set forth in #55 Subpoena Issued. Pamela Kelly received documents on 11/30/20. (lw)
November 30, 2020 Filing 56 MOTION to Appoint Counsel by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(jlm)
November 19, 2020 Filing 55 THE DOCUMENT IS RESTRICTED TO COURT USERS. SUBPOENA ISSUED to produce documents, information or objects directed to Dr. Kelly and Dr. Benton requiring that the documents, information, or objects be delivered to the Pro Se Law Clerk. Order and Subpoena delivered to U. S. Postal Service, for service by certified mail, return receipt attached using Certified Mail Article number 70132630000168685592. (mjm)
November 19, 2020 Filing 54 TEXT ONLY ORDER granting #52 Motion to Compel. Plaintiff shall provide a response to Defendants' discovery requests no later than December 18, 2020. Failure to provide the requested discovery may result in dismissal of this case for failure to obey an order Signed by Honorable Mark E. Ford on November 19, 2020. (klk)
November 19, 2020 Opinion or Order Filing 53 ORDER granting #51 Motion to Subpoena Medical Records. The Clerk is directed to issue a subpoena to Dr. Kelly and Dr. Benton. The records shall be produced by 12/10/2020. Signed by Honorable Mark E. Ford on November 19, 2020. (mjm)
November 19, 2020 Filing 52 MOTION to Compel by Colleen Montgomery. (Attachments: #1 Exhibit Defendant's Requests for Admissions to Plaintiff, #2 Exhibit Defendant's Interrogatories to Plaintiff, #3 Exhibit Defendant's Requests for Production to Plaintiff, #4 Exhibit Proof of Service of Discovery Requests, #5 Exhibit Discovery Meet and Confer Letter)Motions referred to Mark E. Ford.(Ah Loy, Alexandra)
November 18, 2020 Filing 51 MOTION to Subpoena Medical Records by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(mjm)
November 10, 2020 Filing 50 TEXT ONLY ORDER denying #47 Motion for Subpoena of Witness Statements. Although labelled as a subpoena request, Plaintiff's motion is, in actuality, a motion to compel discovery. As Plaintiff was previously advised, discovery requests are to be sent to the Defendants in the appropriate interrogatories or requests for production. Signed by Honorable Mark E. Ford on November 10, 2020. (klk)
November 10, 2020 Filing 49 TEXT ONLY ORDER denying #46 Motion to Resubmit Subpoena. Plaintiff failed to indicate a time-frame for his request for medical records.. Signed by Honorable Mark E. Ford on November 10, 2020. (klk)
November 4, 2020 Filing 48 NOTICE by Colleen Montgomery re #43 Order on Motion for Miscellaneous Relief Notice of Compliance (Attachments: #1 Exhibit Letter to PLT (Response to RFP 1))(Ah Loy, Alexandra)
November 4, 2020 Filing 47 MOTION for Subpoena of witness statements by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(mjm)
November 4, 2020 Filing 46 MOTION to Resubmit Subpoena by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(mjm)
November 2, 2020 Filing 45 THIS DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS.Medical Records received from Medical Records Custodian of Mercy Hospital, Fort Smith, AR, per #21 Order. (tg)
October 23, 2020 CERTIFIED MAIL, WITH RETURN RECEIPT ATTACHED, DELIVERED TO U.S. POSTAL SERVICE, for service of #44 Order to Show Cause as to Mercy Hospital Medical Records using Certified Mail Article number 70132630000168686186. (jlm)
October 22, 2020 Opinion or Order Filing 44 ORDER TO SHOW CAUSE - Show Cause Response due by 11/12/2020. Signed by Honorable Mark E. Ford on October 22, 2020. (mjm)
October 22, 2020 Opinion or Order Filing 43 ORDER denying #42 Motion for Subpoena. Signed by Honorable Mark E. Ford on October 22, 2020. (mjm)
October 22, 2020 Filing 42 MOTION for Subpoena by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(mjm)
October 15, 2020 Filing 41 NOTICE of Change of Address for Orlando McDonald. There are no documents to resend. (jlm)
October 13, 2020 Filing 40 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Colleen Montgomery.(Ah Loy, Alexandra)
October 7, 2020 Opinion or Order Filing 39 ORDER ADOPTING #32 REPORT AND RECOMMENDATIONS in its entirety; granting in part and denying in part #17 Motion to Dismiss for Failure to State a Claim as set forth. Plaintiff's remaining claims remain pending. Signed by Honorable P. K. Holmes III on October 7, 2020. (lw)
October 6, 2020 Filing 38 OBJECTION to #32 Report and Recommendations by Orlando Marcell McDonald. (jlm)
September 28, 2020 Filing 37 NOTICE by Trevor Massey, Kim Taulbee re #26 Initial Scheduling Order - PC cases Defendants' Disclosures (Owens, Jason)
September 22, 2020 Filing 36 NOTICE of Change of Address for Orlando Marcell McDonald. Documents that have previously been returned are being resent including 34 Order on Motion for Miscellaneous Relief, #32 REPORT AND RECOMMENDATIONS re #17 MOTION to Dismiss for Failure to State a Claim filed by Colleen Montgomery., 33 Order on Motion for Miscellaneous Relief. (lw)
September 17, 2020 Filing 35 Mail Returned as Undeliverable marked Not deliverable as addressed. Mail originally sent to Orlando Marcell McDonald at Sebastian County Detention Center including 34 Order on Motion for Miscellaneous Relief, #32 Report and Recommendations, 33 Order on Motion for Miscellaneous Relief. No new address available. New Address due by 10/19/2020. (jlm)
September 2, 2020 Filing 34 TEXT ONLY ORDER denying #30 Motion to subpoena witnesses. Plaintiff's motion is premature. The time to request witness subpoenas is when the case is scheduled for a hearing or trial. Signed by Honorable Mark E. Ford on September 2, 2020. (smg)
September 2, 2020 Filing 33 TEXT ONLY ORDER denying #29 Motion to subpoena phone records. Plaintiff may submit interrogatories or requests to admission to Deputy Massey in order to establish if he sought permission to remove the anchor stitch from Nurse Montgomery. The phone records would not establish this fact. Signed by Honorable Mark E. Ford on September 2, 2020. (smg)
September 2, 2020 Filing 32 REPORT AND RECOMMENDATIONS re #17 MOTION to Dismiss for Failure to State a Claim filed by Colleen Montgomery. Objections to R&R due by 9/21/2020. Signed by Honorable Mark E. Ford on September 2, 2020. (mjm)
August 20, 2020 Filing 31 RESPONSE IN OPPOSITION TO Motion re #17 MOTION to Dismiss for Failure to State a Claim filed by Orlando Marcell McDonald. (hnc)
August 20, 2020 Filing 30 MOTION to Subpoena witness by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(mjm)
August 20, 2020 Filing 29 MOTION to Subpoena phone records by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(mjm)
August 18, 2020 Filing 28 TEXT ONLY ORDER denying #27 Motion to Appoint Counsel. Plaintiff has again requested appointment of counsel. Appointment of Counsel is made at the discretion of the Court. 28 U.S.C. Sec. 1915(e)(1). Plaintiff states that without an attorney he is left is the position of fighting a bear with a switch. While this analogy is colorful, Plaintiff fails to take into the account that his "switch" contains an intimate knowledge of the facts constituting his claims. His knowledge of the facts is what is important at this stage of the case. Once initial disclosures have been made by Defendants in accordance with the court's scheduling order [ECF No. 26], Plaintiff may send interrogatories (written questions) or requests for production of documents to Defendants to gather additional facts. The Court believes Plaintiff is capable of engaging in discovery without the assistance of counsel.For this reason and the reasons stated in the Courts prior Orders [ECF Nos. 7 & 14], this Motion for Appointment of Counsel is DENIED. Signed by Honorable Mark E. Ford on August 18, 2020. (smg)
August 17, 2020 Filing 27 MOTION to Appoint Counsel by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(mjm)
August 13, 2020 Filing 26 INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 1/11/2021. Signed by Honorable Mark E. Ford on August 13, 2020. (djm)
August 13, 2020 Filing 25 TEXT ONLY ORDER denying #24 as premature Plaintiff's Motion to subpoena documents from the Defendants. At a later stage in this case, the Court will issue an initial scheduling order. The initial scheduling order will require the Defendants to automatically supply the Plaintiff certain documents including grievances. After these initial disclosures, the parties may directly engage in discovery. The Plaintiff would do so by sending interrogatories (written questions) to Defendants and written requests for the production of documents. Likewise, Defendants can send interrogatories and other written discovery requests directly to the Plaintiff. Signed by Honorable Mark E. Ford on August 13, 2020. (smg)
August 12, 2020 Filing 24 MOTION for Subpoena by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(mjm)
August 11, 2020 Filing 23 CLERK'S NOTICE OF SERVICE: CERTIFIED MAIL, RETURN RECEIPT RECEIVED for service of documents as set forth in #21 Order. Mercy Hospital Fort Smith received documents on 08/10/2020. (mjm)
August 6, 2020 Filing 22 THE DOCUMENT IS RESTRICTED TO COURT USERS. SUBPOENA ISSUED to produce documents, information or objects directed to Medical Records Custodian of Mercy Hospital Fort Smith requiring that the documents, information, or objects be delivered to the Clerk. The Record Keeper may email the documents to FAY_info@arwd.uscourts.gov. Order and Subpoena delivered to U. S. Postal Service, for service by certified mail, return receipt attached using Certified Mail Article number 70132630000168686148. (mjm)
August 6, 2020 Opinion or Order Filing 21 ORDER granting #15 Motion for Subpoena. See Order for specifics. Signed by Honorable Mark E. Ford on August 6, 2020. (mjm)
August 6, 2020 Filing 20 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Trevor Massey, Kim Taulbee.(Owens, Jason)
August 6, 2020 Filing 19 TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION #17 TO DISMISS. On August 5, 2020, Separate Defendant Nurse Montgomery filed a Motion to Dismiss, along with a brief in support. Plaintiff is directed to respond to the motion.Plaintiff is advised that failure to timely and properly comply with this Order shall result in the dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2). Response to Motion to Dismiss due by 8/27/2020. Signed by Honorable Mark E. Ford on August 6, 2020. (smg)
August 5, 2020 Filing 18 MEMORANDUM BRIEF in Support of #17 MOTION to Dismiss for Failure to State a Claim by Colleen Montgomery. (Ah Loy, Alexandra)
August 5, 2020 Filing 17 MOTION to Dismiss for Failure to State a Claim by Colleen Montgomery. Motions referred to Mark E. Ford.(Ah Loy, Alexandra)
August 5, 2020 Filing 16 NOTICE of Appearance by Alexandra Gabrielle Ah Loy on behalf of Colleen Montgomery. (Ah Loy, Alexandra)
August 5, 2020 Filing 15 MOTION for Subpoena by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(lw)
August 3, 2020 Filing 14 TEXT ONLY ORDER denying #13 Motion to Appoint Counsel. Plaintiff has again requested appointment of counsel. Appointment of Counsel is made at the discretion of the Court. 28 U.S.C. Sec. 1915(e)(1). This Court has many individuals who appear before it pro se and are able to adequately represent themselves. Plaintiff suggests the case has changed. However, no changes have occurred; instead, the Court has merely ordered service of the Complaint on the Defendants. This has not changed the Complaint in anyway. For the reasons stated in this Order and in the Court's prior Order (ECF No. 7), this Motion for Appointment of Counsel is DENIED. Signed by Honorable Mark E. Ford on August 3, 2020. (smg)
July 27, 2020 Filing 13 MOTION to Reconsider 7 Text Only Order DENYING Motion to Appoint Counsel by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(hnc)
July 20, 2020 Filing 12 SUMMONS Returned Executed by Orlando Marcell McDonald. Trevor Massey served on 7/17/2020, answer due 8/7/2020; Colleen Montgomery served on 7/17/2020, answer due 8/7/2020; Kim Taulbee served on 7/17/2020, answer due 8/7/2020. (mjm)
July 15, 2020 Filing 11 TEXT ONLY ORDER denying #8 Motion to Amend/Correct the name of a witness mentioned in the Complaint. As this does not involve the substantive allegations in the Complaint, there is no need to amend. When the parties engage in discovery, Plaintiff may inform Defendants' counsel of this error. Signed by Honorable Mark E. Ford on July 15, 2020. (smg)
July 13, 2020 Filing 10 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Trevor Massey, Colleen Montgomery, Kim Taulbee and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred (42:1983), #5 Magistrate Notice/Consent Form, #9 Order Directing Service,. (mjm)
July 13, 2020 Opinion or Order Filing 9 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Trevor Massey, Colleen Montgomery, Kim Taulbee and granting 21 days to answer. Signed by Honorable Mark E. Ford on July 13, 2020. (cc: U.S. Marshals Service-Certified).(mjm) (Main Document 9 replaced on 7/13/2020) (mjm).
July 10, 2020 Filing 8 MOTION to Correct witness last name by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(lw)
July 10, 2020 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 Mark E. Ford on July 10, 2020. (smg)
July 9, 2020 Filing 6 MOTION to Appoint Counsel by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(mjm)
June 16, 2020 Filing 5 Magistrate Notice/Consent Form. (lw)
June 16, 2020 Filing 4 CLERK'S ORDER re PLRA Fee directing Sheriff, Sebastian County, Arkansas 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, Sebastian County, Arkansas). (lw) (lw).
June 16, 2020 Opinion or Order Filing 3 ORDER granting #2 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 Mark E. Ford on June 16, 2020. (lw) Modified on 6/16/2020 to edit text (lw).
June 16, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Orlando Marcell McDonald. Motions referred to Mark E. Ford.(lw) Modified on 6/17/2020 to correct filer name (mjm).
June 16, 2020 Filing 1 COMPLAINT REFERRED (42:1983) against Trevor Massey, Colleen Montgomery, Kim Taulbee filed by Orlando Marcell McDonald.(lw) Modified on 6/17/2020 to correct filer name (mjm).

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Plaintiff: Orlanda Marcell McDonald
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Plaintiff: Orlando Marcell McDonald
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Defendant: Deputy Trevor Massey
Represented By: Jason E. Owens
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Defendant: Nurse Colleen Montgomery
Represented By: Alexandra Gabrielle Ah Loy
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Defendant: Sergeant Kim Taulbee
Represented By: Jason E. Owens
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