Fletcher v. Pierce et al
| Jessie Edward Fletcher |
| Deputy Jody Pruitt, Chief Deputy Ezra Dewayne Pierce, Searcy CO. Sheriff Kenny Cassell, Deputy Zach Graham, Public Defender David Harrison, Officer Dustin Rosenberger, Deputy Troy Dye, Prosecutor Benjamin Fruehauf and Chief Deputy Eric Owens |
| 3:2020cv03021 |
| March 16, 2020 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Mark E Ford |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 19 TEXT ONLY ORDER denying #17 Motion to Supplement. Plaintiff seeks to add as exhibits to the Amended Complaint his grievances. The proper time to submit exhibits is in connection with a dispositive motion such as a summary judgment motion or in response to a summary judgment motion. Signed by Honorable Mark E. Ford on May 7, 2020. (smg) Modified on 5/7/2020 to add text(tg). |
| Filing 18 SUMMONS Returned Executed Kenny Cassell served on 4/30/2020, answer due 5/21/2020; Ezra Dewayne Pierce served on 4/30/2020, answer due 5/21/2020; Dustin Rosenberger served on 4/30/2020, answer due 5/21/2020. (src) |
| Filing 17 MOTION to Supplement #8 Amended Complaint, by Jessie Edward Fletcher. Motions referred to Mark E. Ford.(src) |
| Filing 16 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Kenny Cassell, Ezra Dewayne Pierce, Dustin Rosenberger and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #8 Amended Complaint, #15 Order Directing Service, #4 Magistrate Notice/Consent Form. (tg) |
Filing 15
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Kenny Cassell, Ezra Dewayne Pierce and Dustin Rosenberger and granting 21 days to answer. Signed by Honorable Mark E. Ford on April 21, 2020. (tg)
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| Filing 14 MEMORANDUM OPINION AND ORDER directing Clerk to TERMINATE defendants Zach Graham, David Harrison, Eric Owens, Jody Pruitt, Troy Dye and Benjamin Fruehauf; IT IS FURTHER ORDERED that any Miranda claims, harassment claims, claims concerning threats,and claims regarding the search of two cell phones are DISMISSED WITHOUT PREJUDICE (see Order for specifics). Signed by Honorable Timothy L. Brooks on April 20, 2020. (lgd) |
| Filing 13 TEXT ONLY ORDER denying #12 Motion to Supplement. Plaintiff seeks to supplement his complaint to add a denial of medical care claim. Plaintiff has already filed a separate lawsuit asserting the denial of medical care claim, Fletcher v. Sutterfield, Civil No. 3:20-cv-03031. He cannot file a duplicate claim in this case. If Plaintiff desires to add parties to that case, he should file a motion asking to amend his complaint to do so. Signed by Honorable Mark E. Ford on April 16, 2020. (smg) Modified on 4/16/2020 (tg). |
| Filing 12 MOTION to Supplement #8 Amended Complaint by Jessie Edward Fletcher. Motions referred to Mark E. Ford.(tg) . Modified on 4/27/2020 (src). |
| Filing 11 SUPPLEMENT to #8 Amended Complaint,by Plaintiff Jessie Edward Fletcher. (lgd) |
| Filing 10 CLERK'S ORDER re PLRA Fee directing Sheriff, Searcy County 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, Searcy County). (tg) |
| Filing 9 TEXT ONLY ORDER granting #2 & #7 Motions 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 March 30, 2020. (smg) |
| Filing 8 AMENDED COMPLAINT with Jury Demand as to #1 Complaint Referred (42:1983), against Troy Dye, David Harrison, Eric Owens, Kenny Cassell, Ezra Dewayne Pierce, Jody Pruitt, Benjamin Fruehauf, Dustin Rosenberger, Zach Graham, filed by Jessie Edward Fletcher. (lgd) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis (42:1983) by Jessie Edward Fletcher. Motions referred to Mark E. Ford.(lgd) |
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Filing 6
ORDER GRANTING in part and DENYING in part #5 Motion for assistance ; DIRECTING that an Amended Complaint and Completed IFP be filed.( Amended Complaint due by 4/15/2020, Completed IFP due by 4/15/2020) (See Order for specifics). Signed by Honorable Mark E. Ford on March 24, 2020. (lgd)
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| Filing 5 MOTION for assistance by Jessie Edward Fletcher. Motions referred to Mark E. Ford.(lgd) |
| Filing 4 Magistrate Notice/Consent Form Furnished. (tg) |
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Filing 3
ORDER directing the Clerk to file the complaint with the attachments to be filed UNDER SEAL submitted by the Plaintiff. A determination regarding his status as a pauper and service of process will be made at a later time. 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 his new address, ORDER DIRECTING that an Amended Complaint and Completed IFP be filed.( Amended Complaint due by 4/3/2020, Completed IFP due by 4/3/2020). Signed by Honorable Mark E. Ford on March 16, 2020. (tg) Modified on 3/16/2020 (tg).
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Jessie Edward Fletcher. Motions referred to Mark E. Ford.(tg) Modified on 3/31/2020 per text only Order dated 3/30/2020(lgd). |
| Filing 1 COMPLAINT REFERRED (42:1983) against Kenny Cassell, Troy Dye, Benjamin Fruehauf, Zach Graham, David Harrison, Eric Owens, Ezra Dewayne Pierce, Jody Pruitt, Dustin Rosenberger, filed by Jessie Edward Fletcher.(tg) (Additional attachment(s) added on 3/16/2020: #1 UNDER SEAL) (tg). |
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