Turner v. Otwell et al
| Clinton M. Turner |
| Jail Administrator Steve Otwell, Lieutenant Karen Ghormilly, Guard Ashley, Dr. Elkins, Lieutenant Karen Ghormley, Karen Ghormilly and Darrell Elkin, APRN |
| 4:2023cv04050 |
| May 1, 2023 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 TEXT ONLY BENCH ORDER. If Defendant(s) intend to pursue a defense, pursuant to the Prison Litigation Reform Act, 42 U.S.C. 1997(e)(a), that Plaintiff failed to exhaust his/her administrative remedies before filing this lawsuit, Defendant(s) must raise the issue in a motion for summary judgment filed no later than 45 days from the date of this Order. All discovery is stayed until the Court resolves any exhaustion issues. If Defendant(s) do(es) not intend to pursue an exhaustion defense, the Defendant(s) should PROMPTLY file a notice so stating. Summary Judgment Motion due by 8/10/2023. Signed by Honorable Barry A Bryant on June 26, 2023. (smg) |
| Filing 16 TEXT ONLY ORDER re [ECF No. 15]. This document entitled "affidavit" has been filed as APRN Elkin's answer to the complaint. Typically, the answer is a response to each paragraph or claim asserted in the Complaint. APRN Elkin is advised that he has a right to represent himself in this Court. However, the right carries with it certain obligations. One such obligation is to familiarize himself with the applicable Federal Rules of Civil Procedure and the Local Rules for the Eastern and Western Districts of Arkansas. The Federal Rules of Civil Procedure may be found in a number of places including: https://www.uscourts.gov/rules-policies/current-rules-practice-procedure. The Local Rules may be found on the Court's website: https://www.arwd.uscourts.gov/.APRN Elkin is advised that when he files a document with this Court, he is obligated to "serve" or send the Plaintiff a copy of the document by United States Postal Service to the address contained on the docket sheet for the Plaintiff. APRN Elkin should also include a statement called a certificate of service at the end of the document indicating he served the Plaintiff and the date he mailed the copy. Counsel who have access to the Court's Court Management/Electronic Case Files (CM/ECF) will automatically receive notice of the document's filing and be able to access it on CM/ECF. APRN Elkin is advised that he may file a motion asking that he be allowed to file documents electronically on CM/ECF. Whether such a Motion will be granted, is up to the assigned judge. APRN Elkin is further advised that there is a publicly available federal database called Public Access to Court Electronic Records (PACER) available at https://pacer.uscourts.gov where he can set up an account and access the electronic file for this case. There may be a charge for printing documents from PACER. APRN Elkin is further advised that he has certain obligations to redact personal identifying information such as date of birth and social security numbers from documents he files. Finally, Plaintiff is advised that because APRN Elkin is representing himself, Plaintiff must send a copy of all documents he submits for filing to APRN Elkin at the address on the docket sheet. Plaintiff should include a statement (certificate of service) on the document stating the date and address he mailed the document to. Signed by Honorable Barry A Bryant on June 26, 2023. (smg) |
| Filing 15 ANSWER to #1 Complaint Referred (42:1983) by Darrell Elkin.(mll) Modified on 6/26/2023 (bjb). |
| Filing 14 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Reissued as to Darrell Elkin, APRN and USM285 form delivered to USMS for defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred (42:1983), #4 Magistrate Notice/Consent Form, #13 Order Directing Service.(mll) (Main Document 14 replaced on 6/15/2023) (mll). |
Filing 13
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Darrell Elkin, APRN and granting 21 days to answer. Signed by Honorable Barry A Bryant on June 15, 2023. (cc: U.S. Marshals Service)(mll)
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| Filing 12 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.ADDRESS INFORMATION PROVIDED for DR. DARRELL ELKIN. (Heaton, Colin) |
| Filing 11 ANSWER to #1 Complaint Referred (42:1983) by Guard Ashley, Karen Ghormley, Steve Otwell.(Heaton, Colin) |
| Filing 10 TEXT ONLY ORDER granting #9 Motion for Leave to file answer out of time. Defendants have shown excusable neglect. Further, the judicial system favors resolution of issues on the merits. Defendants are directed to file their answer within five days of the date of this Order.Further, if Defendants are not accepting service of process for Dr. Elkins, the Court should be provided with his service address. The address may be filed under seal.Signed by Honorable Barry A Bryant on June 12, 2023. (smg) |
| Filing 9 MOTION for Leave to File Answer Out of Time with Brief Incorporated by Guard Ashley, Karen Ghormley, Steve Otwell. (Attachments: #1 Exhibit A)Motions referred to Barry A Bryant.(Heaton, Colin) |
| Filing 8 SUMMONS Returned Executed by Clinton M. Turner. Guard Ashley served on 5/8/2023, answer due 5/30/2023; Dr. Elkins served on 5/8/2023, answer due 5/30/2023; Karen Ghormley served on 5/8/2023, answer due 5/30/2023; Steve Otwell served on 5/8/2023, answer due 5/30/2023. (tmc) |
| Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Guard Ashley, Dr. Elkins, Karen Ghormley, Steve Otwell 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 Form, #6 Order Directing Service.(mll) |
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Filing 6
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Guard Ashley, Dr. Elkins, Karen Ghormilly, Steve Otwell and granting 21 days to answer. Signed by Honorable Barry A Bryant on May 2, 2023. (cc: U.S. Marshals Service)(mll)
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| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Clinton M. Turner to collect from petitioner's prison account an initial partial filing fee of $12.42; 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: Sheriff, Nevada County)(mll) (Main Document 5 replaced on 5/1/2023) (mll). |
| Filing 4 Magistrate Notice/Consent Form.(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 May 1, 2023.(mll)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Clinton M. Turner. Motions referred to Barry A Bryant.(mll) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Guard Ashley, Dr. Elkins, Karen Ghormilly, Steve Otwell filed by Clinton M. Turner.(mll) |
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