Shell v. Otwell et al
| Robert D. Shell |
| Jail Administrator Steven Otwell, Lieutenant Ghormley, Nurse Practitioner Darrell Wayne Elkin, Guard Katie Sheets, Guard Jackson and Guard Will |
| 4:2023cv04053 |
| May 10, 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 |
| Defendant |
Docket Report
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This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Reissued as to Darrell Wayne Elkin and USM285 form delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #3 Magistrate Notice/Consent Form, #4 Amended Complaint, #15 Order Directing Service.(mll) (Additional attachment added on 7/6/2023: #1 Unredacted Summons)(mll). |
Filing 15
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Darrell Wayne Elkin and granting 21 days to answer. Signed by Honorable Barry A Bryant on July 6, 2023. (cc: U.S. Marshals Service)(mll)
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| Filing 14 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.ADDRESS INFORMATION PROVIDED for Darrell Elkin. (Newell, Aaron) |
| Filing 13 NOTICE by Ghormley, Jackson, Steven Otwell, Katie Sheets, Will re #11 Summons Returned Executed, Service Accepted in Error for Darrell Elkin (Newell, Aaron) |
| Filing 12 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 8/7/2023. Signed by Honorable Barry A Bryant on June 23, 2023. (awl) |
| Filing 11 SUMMONS Returned Executed by Robert D. Shell. Darrell Wayne Elkin served on 6/12/2023, answer due 7/3/2023; Ghormley served on 6/12/2023, answer due 7/3/2023; Jackson served on 6/12/2023, answer due 7/3/2023; Steven Otwell served on 6/12/2023, answer due 7/3/2023; Will served on 6/12/2023, answer due 7/3/2023.(mll) |
| Filing 10 ANSWER to #4 Amended Complaint, with Jury Demand by Ghormley, Jackson, Steven Otwell, Katie Sheets, Will.(Newell, Aaron) |
| Filing 9 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Darrell Wayne Elkin, Lieutenant Ghormley, Guard Jackson, Steven Otwell, Katie Sheets, Guard Will and USM285 Forms delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #4 Amended Complaint, #3 Magistrate Notice/Consent Form, #8 Order Directing Service.(mll) |
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Filing 8
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Darrell Wayne Elkin, Lieutenant Ghormley, Guard Jackson, Steven Otwell, Katie Sheets, Guard Will and granting 21 days to answer. Signed by Honorable Barry A Bryant on May 24, 2023. (cc: U.S. Marshals Service)(mll)
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| Filing 7 CLERK'S ORDER re PLRA Initial Fee directing Nevada County Jail to collect from petitioner's prison account an initial partial filing fee of $40.00; 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. (cc: Sheriff, Nevada County)(mll) |
| Filing 6 TEXT ONLY ORDER granting #5 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 24, 2023. (awl) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Robert D. Shell. Motions referred to Barry A Bryant.(mll) |
| Filing 4 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Will, Ghormley, Katie Sheets, Steven Otwell, Jackson, Darrell Wayne Elkin filed by Robert D. Shell. Related document: #1 Complaint Referred (42:1983) filed by Robert D. Shell.(mll) |
| Filing 3 Magistrate Notice/Consent Form (jlm) |
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Filing 2
ORDER severing this case from 6:23cv6058.This matter has been provisionally filed as the undersigned finds that additional information is needed . Specifically the Court requires the following information: completed IFP application and Amended Complaint. Plaintiff is directed to submit an Amended Complaint and IFP application by 6/3/2023. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Signed by Honorable Barry A Bryant on May 10, 2023. (jlm) Modified on 5/12/2023 (hnc).
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| Filing 1 COMPLAINT REFERRED (42:1983) against Ghormley, Steven Otwell, filed by Robert D. Shell. This Complaint was severed from 6:23cv6058. (jlm) |
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