Luna v. Gentry et al
| Ronnie Anthony Luna |
| Robert Gentry, Deputy Chris Walcott, Adrian Hernandez, Romona Arenas, Eleuperio Hernandez, Barbera Valentine, Kimberly McBain, Anthony Irvin, Jailer Blake Reel, Ana Mejia, Whitney Higgins, Tammy Fowler, Sheriff Robert Gentry, Jail Administrator Chris Walcott, Jailer Adrian Hernandez, Jailer Romona Arenas, Program Coordinator Eleuperio Hernandez, Jailer Barbera Valentine, Jailer Kimberly McBain, Jailer/Deputy Anthony Irvin, Jailer/Program Dir. Ana Mejia, Jailer Whitney Higgins and Nurse Tammy Fowler |
| 4:2022cv04048 |
| June 1, 2022 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 10 TEXT ONLY ORDER denying #9 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 July 8, 2022. (mlf) |
| Filing 9 MOTION to Appoint Counsel by Ronnie Anthony Luna. Motions referred to Barry A Bryant.(mll) |
| Filing 8 SECOND AMENDED COMPLAINT against Eleuperio Hernandez, Ana Mejia, Chris Walcott, Barbera Valentine, Anthony Irvin, Whitney Higgins, Robert Gentry, Kimberly McBain, Adrian Hernandez, Blake Reel, Tammy Fowler, Romona Arenas filed by Ronnie Anthony Luna.(mll) |
| Filing 7 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Amended Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights or how he was injured, and some of his claims may be frivolous. For these reasons, Plaintiff is directed to submit a Second Amended Complaint within 21 days of the date of this Order. The Clerk is directed to mail the Plaintiff a court-approved 1983 form.In the Second Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. 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 Defendant with the specific injury he suffered. If he fails to do so, the allegations 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 Second Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. You may not refer back to any part of the original or first amended complaint. A Second Amended Complaint supersedes, or takes the place of, the original and first amended Complaint. After amendment, the Court will treat the original and first amended Complaints as nonexistent. Any cause of action that was raised in the original or first amended Complaints is waived if it is not raised in the Second Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Second Amended Complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 7/7/2022. Signed by Honorable Barry A Bryant on June 16, 2022. (mlf) |
| Filing 6 AMENDED COMPLAINT against Eleuperio Hernandez, Ana Mejia, Chris Walcott, Barbera Valentine, Anthony Irvin, Whitney Higgins, Robert Gentry, Kimberly McBain, Adrian Hernandez, Blake Reel, Tammy Fowler, Romona Arenas filed by Ronnie Anthony Luna.(mll) |
| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Sevier County Jail to collect from petitioner's prison account an initial partial filing fee of $5.00; 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. (cnn) |
| Filing 4 Magistrate Notice/Consent Form (cnn) |
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; ORDER DIRECTING that a/an Amended Complaint be filed.( Amended Complaint due by 6/22/2022). Signed by Honorable Barry A Bryant on June 1, 2022. (cnn)
|
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Ronnie Anthony Luna. Motions referred to Barry A Bryant.(cnn) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Romona Arenas, Tammy Fowler, Robert Gentry, Adrian Hernandez, Eleuperio Hernandez, Whitney Higgins, Anthony Irvin, Kimberly McBain, Ana Mejia, Blake Reel, Barbera Valentine, Chris Walcott, filed by Ronnie Anthony Luna.(cnn) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arkansas Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
