Davidson v. Helder et al
| Billy James Davidson |
| Major Denzer, Sheriff Tim Helder, Washington County Quorum Court and Dr. Karas |
| 5:2018cv05239 |
| December 3, 2018 |
| US District Court for the Western District of Arkansas |
| P K Holmes |
| Erin L Wiedemann |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on December 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 15 TEXT ONLY ORDER denying #14 Motion to Appoint Counsel. This is the Plaintiff's second motion for appointment of counsel. His first motion was denied just days ago on December 27, 2018. At that time, the Court carefully reviewed the file in light of the applicable factors. The only document filed since that time was the initial scheduling order. The Plaintiff points to no factors that would change the prior ruling. 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 Erin L. Wiedemann on January 3, 2019. (smg) |
| Filing 14 MOTION to Appoint Counsel by Billy James Davidson. Motions referred to Erin L. Wiedemann.(lw) |
| Filing 13 INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Identity of John/Jane Doe Defendants due by 3/27/2019. Summary Judgment Motion due by 5/27/2019. Signed by Honorable Erin L. Wiedemann on December 27, 2018. (rg) |
| Filing 12 TEXT ONLY ORDER denying #11 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 Erin L. Wiedemann on December 27, 2018. (smg) |
| Filing 11 MOTION to Appoint Counsel by Billy James Davidson. Motions referred to Erin L. Wiedemann.(lgd) |
| Filing 10 SUMMONS Returned Executed by Billy James Davidson. Major Denzer served on 12/13/2018, answer due 1/3/2019; Sheriff Tim Helder served on 12/13/2018, answer due 1/3/2019. (lgd) |
| Filing 9 SUMMONS Returned Executed by Billy James Davidson. Dr. Karas served on 12/13/2018, answer due 1/3/2019. (lgd) |
| Filing 8 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Denzer, Dr. Karas, Tim Helder.(Davis, JaNan) |
| Filing 7 CLERK'S ORDER re PLRA Initial Fee directing Sheriff, Washington County to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $ 350 filing fee is paid in full (cc: Sheriff, Washington, AR). (lgd) |
| Filing 6 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Major Denzer, Dr. Karas, Tim Helder and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #3 Magistrate Notice/Consent Form, #1 Complaint Referred (42:1983), #5 Order Directing Service, Add and Terminate Parties. Documents mailed to USMS. (lgd) |
Filing 5
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Major Denzer, Tim Helder, Dr. Karas and granting 21 days to answer. Dr. Karas added and Washington County Quorum Court terminated. Signed by Honorable Erin L. Wiedemann on December 4, 2018. (cc: U.S. Marshals Service-Certified).(lgd) Modified text on 12/4/2018 (lgd).
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Filing 4
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; ORDER. Signed by Honorable Erin L. Wiedemann on December 3, 2018. Mailed to non ecf participant. lgd) Modified text on 12/3/2018 (lgd).
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| Filing 3 Magistrate Notice/Consent Form mailed to non ecf participant in Washington County Jail. (lgd) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Billy James Davidson. Motions referred to Erin L. Wiedemann.(lgd) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Denzer, Tim Helder, Washington County Quorum Court, filed by Billy James Davidson.(lgd) |
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