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: 42:1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
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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