Jackson v. Mitchell et al
| Timothy Wade Jackson |
| Connie Mitchell, Public Defender Connor Herrold, Louis White, James Ross, James Heath, Golden Captain Adams and Sgt. Alice Miller |
| 4:2023cv04060 |
| June 8, 2023 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 REPORT AND RECOMMENDATIONS re #13 Amended Complaint filed by Timothy Wade Jackson. Objections to R&R due by 8/10/2023. Signed by Honorable Christy D. Comstock on July 24, 2023.(mll) |
| Filing 14 TEXT ONLY ORDER denying #2 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 Christy D. Comstock on July 21, 2023. (awl) |
| TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. Motions referred to Christy D. Comstock.(hnc) |
| Filing 13 AMENDED COMPLAINT with Jury Demand against James Heath, Connor Herrold, Connie Mitchell, Louis White, Alice Miller, Golden Captain Adams, James Ross filed by Timothy Wade Jackson. Related document: #1 Complaint filed by Timothy Wade Jackson.(mll) |
| Filing 12 CLERK'S ORDER re PLRA Fee directing ADC - North Central Unit 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 (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction).(mll) |
| Filing 11 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. Additionally, Plaintiff has submitted a second complaint which was filed as "Additional Evidence." (ECF No. 6). The Court is unable to determine if Plaintiff meant for this filing to be an Amended Complaint. For this reason, Plaintiff is directed to submit an 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 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 First 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 complaint. A First Amended Complaint supersedes, or takes the place of, the original Complaint. After amendment, the Court will treat the original Complaint as nonexistent. Any cause of action that was raised in the original Complaint is waived if it is not raised in the First Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 7/3/2023. Signed by Honorable Barry A Bryant on June 12, 2023. (awl) |
| Filing 10 TEXT ONLY ORDER granting #5 Plaintiff's Motion for Leave to Proceed in forma pauperis as after review it is found that Plaintiff is unable to pay for the costs of commencement of this suit. Pursuant to the Prison Litigation Reform Act, the Clerk is directed to collect the $350 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 his 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. Failure to inform the Court of an address change may result in the dismissal of this case. The Court will not attempt to locate an address for you. Signed by Honorable Barry A Bryant on June 12, 2023. (awl) |
| Filing 9 Magistrate Notice/Consent Form.(mll) |
| Filing 8 Case transferred in from District of Arkansas Eastern; Case Number 4:23-cv-00430. Docket sheet received. |
Filing 7
ORDER directing the Clerk of the Court to immediately transfer Jackson's entire case file to the United States District Court for the Western District of Arkansas. Signed by Judge James M. Moody Jr. on 06/08/2023. (llg) [Transferred from ared on 6/8/2023.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas.(mll) |
| MOTIONS REFERRED to Honorable Barry A. Bryant: #2 MOTION to Appoint Counsel, #5 MOTION for Leave to Proceed in forma pauperis filed by Timothy Wade Jackson, Motions referred to Honorable Barry A Bryant.(mll) |
| Filing 6 SUPPLEMENTAL EVIDENCE filed by Timothy Wade Jackson. (kdr) [Transferred from ared on 6/8/2023.] |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Timothy Wade Jackson. (kdr) [Transferred from ared on 6/8/2023.] |
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Filing 4
ORDER directing Mr. Jackson to either pay the $402 filing and administrative fee, or file a complete IFP application, including a signed certificate and calculation sheet by 06/12/2023 if he wishes to proceed with this case; and directing the Clerk to send Mr. Jackson a prisoner IFP application. Signed by Judge James M. Moody Jr. on 05/09/2023. (llg) [Transferred from ared on 6/8/2023.]
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| Filing 3 NOTICE OF DOCKET CORRECTION re #1 Complaint and #2 MOTION to Appoint Counsel. CORRECTION: The original documents were attached in error (incorrect Judge initials listed in the case numbers due to a clerical mistake by the Clerk's office). The correct documents were added to docket entries #1 and #2 and are attached hereto for review by the parties. (Attachments: #1 Motion for Appointment of Counsel)(jak) [Transferred from ared on 6/8/2023.] |
| Filing 2 MOTION for Appointment of Counsel by Timothy Wade Jackson. (kdr) (Additional attachment(s) added on 5/9/2023: #1 Main Document - Correct) (jak). [Transferred from ared on 6/8/2023.] |
| Filing 1 COMPLAINT with Jury Demand against All Defendants, filed by Timothy Wade Jackson.(kdr) (Additional attachment(s) added on 5/9/2023: #1 Main Document - Correct) (jak). [Transferred from ared on 6/8/2023.] |
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