Hood v. Ewing et al
| Joseph Hood |
| Hanson, Corporal Kelly, Deputy Ewing, Tina Hodge and Lieutenant Maxwell |
| 4:2018cv04138 |
| October 11, 2018 |
| US District Court for the Western District of Arkansas |
| Texarkana Office |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 18 RESPONSE IN OPPOSITION TO Motion re #15 MOTION to Dismiss for Failure to State a Claim filed by Joseph Hood. (mll) |
| Filing 17 TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION #15 TO DISMISS. On November 19, 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 12/10/2018.. Signed by Honorable Barry A. Bryant on November 19, 2018. (mlf) |
| Filing 16 MEMORANDUM BRIEF in Support of #15 MOTION to Dismiss for Failure to State a Claim by Ewing, Hanson, Tina Hodge, Kelly, Maxwell. (McFadden, Daniel) |
| Filing 15 MOTION to Dismiss for Failure to State a Claim by Ewing, Hanson, Tina Hodge, Kelly, Maxwell. Motions referred to Barry A. Bryant.(McFadden, Daniel) |
| Filing 14 SUMMONS Returned Executed by Joseph Hood. Ewing served on 10/18/2018, answer due 11/8/2018; Hanson served on 10/18/2018, answer due 11/8/2018; Tina Hodge served on 10/18/2018, answer due 11/8/2018; Kelly served on 10/18/2018, answer due 11/8/2018; Maxwell served on 10/18/2018, answer due 11/8/2018. (mll) |
| Filing 13 TEXT ONLY ORDER denying #10 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 Barry A. Bryant on November 7, 2018. (mlf) |
| Filing 12 ANSWER to #2 Complaint by Ewing, Hanson, Tina Hodge, Kelly, Maxwell.(McFadden, Daniel) |
| Filing 11 NOTICE of Appearance by Daniel McFadden on behalf of All Defendants. (McFadden, Daniel) |
| Filing 10 MOTION to Appoint Counsel by Joseph Hood. Motions referred to Barry A. Bryant. (mll) |
| Filing 9 SUPPLEMENT by Plaintiff Joseph Hood to #2 Complaint. (mll) |
| Filing 8 CLERK'S ORDER re PLRA Initial Fee directing Southwest Arkansas Community Correction Center to collect from petitioner's prison account an initial partial filing fee of $14.50; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full. (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (mll) |
| Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Ewing, Hanson, Tina Hodge, Kelly, Maxwell and USM285 Forms Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #2 Complaint, #5 Magistrate Notice/Consent, #6 Order Directing Service. (mll) |
Filing 6
ORDER granting #1 Motion for Leave to Proceed in forma pauperis; ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Ewing, Hanson, Tina Hodge, Kelly, Maxwell and granting 21 days to answer. Signed by Honorable Barry A. Bryant on October 12, 2018. (cc: U.S. Marshals Service)(mll)
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| Filing 5 Magistrate Notice/Consent Form. (mll) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:18-cv-00742. Docket sheet received. |
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Filing 3
ORDER directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the Western District of Arkansas, Texarkana Division. Signed by Judge James M. Moody Jr. on 10/11/2018. (ljb) [Transferred from ared on 10/11/2018.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (mll) |
| Filing 2 COMPLAINT against all Defendants filed by Joseph Hood. (cel) [Transferred from ared on 10/11/2018.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Joseph Hood. (cel) [Transferred from ared on 10/11/2018.] |
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