Needham v. Brown et al
| Jerry Needham |
| Sheriff Ron Brown and Dr. White |
| 2:2020cv02148 |
| August 20, 2020 |
| US District Court for the Western District of Arkansas |
| Mark E Ford |
| P K Holmes |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 15 TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION #12 TO DISMISS. 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 10/19/2020.. Signed by Honorable Mark E. Ford on September 28, 2020. (klk) |
| Filing 14 ANSWER to #10 Amended Complaint, #1 Complaint Referred (42:1983) with Jury Demand , ANSWER to #10 Amended Complaint, #1 Complaint Referred (42:1983) with Jury Demand by Ron Brown.(Hollowell, Melissa) |
| Filing 13 MEMORANDUM BRIEF in Support of #12 First MOTION to Dismiss by Ron Brown. (Hollowell, Melissa) |
| Filing 12 First MOTION to Dismiss by Ron Brown. Motions referred to Mark E. Ford.(Hollowell, Melissa) |
| Filing 11 SUMMONS Returned Executed by Jerry Needham. Ron Brown served on 9/9/2020, answer due 9/30/2020; White served on 9/9/2020, answer due 9/30/2020. (mjm) |
| Filing 10 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against White, Ron Brown, filed by Jerry Needham. Related document: #1 Complaint Referred (42:1983) filed by Jerry Needham.(mjm) |
| Filing 9 TEXT ONLY ORDER denying #8 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; granting #8 Motion to Amend/Correct. 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: (1) the constitutional right Plaintiff believes was violated; (2) the name of the Defendant who violated the right; (3) exactly what the Defendant did or failed to do; (4) how the action or inaction of that Defendant is connected to the violation of Plaintiffs constitutional rights; and (5) what specific injury Plaintiff suffered because of that Defendants conduct. 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 Defendants with the specific injury he suffered. If he fails to do so, the allegation 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 and may not incorporate 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. The first amended Complaint is due by September 21, 2020. Plaintiffs case shall be subject to dismissal if he fails to return the amended complaint to the Court by the deadline. Signed by Honorable Mark E. Ford on August 31, 2020. (klk) |
| Set Deadline: Amended Complaint due by 9/21/2020, per 9 ORDER. (mjm) |
| Filing 8 MOTION to Appoint Counsel, MOTION to Amend #1 Complaint Referred (42:1983) by Jerry Needham. Motions referred to Mark E. Ford.(lw) |
| Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Ron Brown, White 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, #6 Order Directing Service, #1 Complaint Referred (42:1983). (mjm) |
Filing 6
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Ron Brown, White and granting 21 days to answer. Signed by Honorable Mark E. Ford on August 21, 2020. (cc: U.S. Marshals Service-Certified).(mjm)
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| Filing 5 CLERK'S ORDER re PLRA Fee directing Crawford County Sheriff 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:Crawford County Sheriff). (hnc) |
| Filing 4 Magistrate Notice/Consent Form (hnc) |
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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 August 20, 2020. (hnc)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Jerry Needham. Motions referred to Mark E. Ford.(hnc) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Ron Brown, White, filed by Jerry Needham.(hnc) |
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