Howard, Sr. v. King et al
| Cody S. Howard, Sr. |
| Captain Golden, Sheriff Jackie Runion, Dr. Timothy Reynolds, Warden Jeffie Walker and Stephen King |
| 4:2018cv04125 |
| August 31, 2018 |
| US District Court for the Western District of Arkansas |
| Susan O Hickey |
| James R Marschewski |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 17 RESPONSE IN OPPOSITION TO Motion re #8 MOTION to Dismiss for Failure to State a Claim filed by Cody S. Howard, Sr. (mll) |
| Filing 16 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Captain Golden, Jackie Runion, Jeffie Walker.(Lewis, Kaylen) |
| Filing 15 SUMMONS Returned Executed by Cody S. Howard, Sr. Captain Golden served on 9/24/2018, answer due 10/15/2018; Stephen King served on 9/24/2018, answer due 10/15/2018; Jackie Runion served on 9/24/2018, answer due 10/15/2018; Jeffie Walker served on 9/24/2018, answer due 10/15/2018. (mll) |
| Filing 14 SUMMONS Returned Executed by Cody S. Howard, Sr. Timothy Reynolds served on 9/24/2018, answer due 10/15/2018. (mll) |
| Filing 13 TEXT ONLY ORDER denying #11 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 James R. Marschewski on September 27, 2018. (klk) |
| Filing 12 TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION #8 TO DISMISS. On 09/25/2018 Defendants 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 10/18/2018.. Signed by Honorable James R. Marschewski on September 27, 2018. (klk) |
| Filing 11 MOTION to Appoint Counsel by Cody S. Howard, Sr. Motions referred to James R. Marschewski. (mll) |
| Filing 10 ANSWER to #1 Complaint Referred (42:1983) by Stephen King, Timothy Reynolds.(Cook, James) |
| Filing 9 MEMORANDUM BRIEF in Support of #8 MOTION to Dismiss for Failure to State a Claim by Stephen King, Timothy Reynolds. (Cook, James) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim by Stephen King, Timothy Reynolds. Motions referred to James R. Marschewski.(Cook, James) |
| Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Captain Golden, Stephen King, Timothy Reynolds, Jackie Runion, Jeffie Walker and USM285 Forms Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred (42:1983), #4 Magistrate Notice/Consent, #6 Order Directing Service. (mll) |
Filing 6
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Captain Golden, Stephen King, Timothy Reynolds, Jackie Runion, Jeffie Walker and granting 21 days to answer. Signed by Honorable James R. Marschewski on September 14, 2018. (cc: U.S. Marshals Service). (mll)
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| Filing 5 CLERK'S ORDER re PLRA Fee directing Miller County Correctional Facility 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. (mll) |
| Filing 4 Magistrate Notice/Consent Furnished. (mll) (Main Document 4 replaced with corrected notice on 9/14/2018) (mll). Modified on 9/14/2018. (mll) |
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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 Barry A. Bryant on August 31, 2018. (mll)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Cody S. Howard, Sr. Motions referred to James R. Marschewski. (mll) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Captain Golden, Stephen King, Timothy Reynolds, Jackie Runion, Jeffie Walker filed by Cody S. Howard, Sr. (mll) |
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