Franklin v. Helder et al
| Troy Dale Franklin |
| Deputy Clinton McCarver, Corporal Justin Edens, Sergeant J. Byrd, Sergeant Pineda Carlos, Deputy Joseph Malone, Officer Lynn Whittle, Deputy Tarkwon Alister, Sergeant Allen Lunsford, Corporal Tom Mulvaney, Sheriff Tim Helder, Lieutenant Steve Ridenoure and Deputy Joel Keller |
| 5:2019cv05066 |
| April 4, 2019 |
| US District Court for the Western District of Arkansas |
| Mark E Ford |
| 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 July 26, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 20 RESPONSE IN OPPOSITION TO Motion re #14 First MOTION to Dismiss filed by Troy Dale Franklin. (tg) |
| Filing 19 SUMMONS Returned Executed by Troy Dale Franklin. J. Byrd served on 6/17/2019, answer due 7/8/2019; Pineda Carlos served on 6/17/2019, answer due 7/8/2019; Justin Edens served on 6/17/2019, answer due 7/8/2019; Tim Helder served on 6/17/2019, answer due 7/8/2019; Joel Keller served on 6/17/2019, answer due 7/8/2019; Allen Lunsford served on 6/17/2019, answer due 7/8/2019; Joseph Malone served on 6/17/2019, answer due 7/8/2019; Clinton McCarver served on 6/17/2019, answer due 7/8/2019; Tom Mulvaney served on 6/17/2019, answer due 7/8/2019; Steve Ridenoure served on 6/17/2019, answer due 7/8/2019; Lynn Whittle served on 6/17/2019, answer due 7/8/2019. (tg) |
| Filing 18 INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 11/21/2019. Signed by Honorable Mark E. Ford on June 24, 2019. (djm) |
| Filing 17 TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION #14 TO DISMISS. On June 21, 2019 Defendants filed a Motion to Dismiss, along with a brief in support. Plaintiff is directed to respond to the motion.Plaintiff is advised that failure to timely and properly comply with this Order shall result in the dismissal of this action, without prejudice, pursuant to Local Rule 5.5(c)(2). Response to Motion to Dismiss due by 7/12/2019. Signed by Honorable Mark E. Ford on June 21, 2019. (smg) |
| Filing 16 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by J. Byrd, Pineda Carlos, Justin Edens, Tim Helder, Joel Keller, Allen Lunsford, Joseph Malone, Clinton McCarver, Tom Mulvaney, Steve Ridenoure, Lynn Whittle.(Davis, JaNan) |
| Filing 15 MEMORANDUM BRIEF in Support of #14 First MOTION to Dismiss by J. Byrd, Tim Helder, Tom Mulvaney. (Davis, JaNan) |
| Filing 14 First MOTION to Dismiss by J. Byrd, Tim Helder, Tom Mulvaney. Motions referred to Mark E. Ford.(Davis, JaNan) |
| Filing 13 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Tarkwon Alister, J. Byrd, Pineda Carlos, Justin Edens, Tim Helder, Joel Keller, Allen Lunsford, Joseph Malone, Clinton McCarver, Tom Mulvaney, Steve Ridenoure, Lynn Whittle and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #12 Order Directing Service, #4 Magistrate Notice/Consent Form, #1 Complaint Referred (42:1983). (tg) |
Filing 12
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Tarkwon Alister, J. Byrd, Pineda Carlos, Justin Edens, Tim Helder, Joel Keller, Allen Lunsford, Joseph Malone, Clinton McCarver, Tom Mulvaney, Steve Ridenoure, Lynn Whittle and granting 21 days to answer. Signed by Honorable Erin L. Wiedemann on June 5, 2019. (cc: U.S. Marshals Service-Certified).(tg)
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| Filing 11 TEXT ONLY ORDER finding as moot #9 Motion to Amend/Correct. The Amended Complaint (ECF No. 10) has been filed. Signed by Honorable Mark E. Ford on May 20, 2019. (smg) |
| Filing 10 SUPPLEMENT by Plaintiff Troy Dale Franklin to #9 MOTION to Amend/Correct 8 Order on Motion to Supplement #1 Complaint Referred (42:1983). (src) |
| Filing 9 MOTION to Amend Complaint 8 Order on Motion to Supplement #1 Complaint Referred (42:1983) by Troy Dale Franklin. Motions referred to Mark E. Ford.(lgd) |
| Filing 8 TEXT ONLY ORDER granting in part and denying in part #7 Motion to Supplement the Complaint. Plaintiff filed this civil rights action against multiple Defendants. The Complaint does not describe actions taken by each individual Defendant. For this reason, Plaintiff is directed to submit an amended complaint by May 15, 2019. The Clerk is directed to mail the Plaintiff a court-approved section 1983 form complaint to use for filing the amended complaint. In the amended complaint, Plaintiff must write short, plain statements telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name of the Defendant who violated the right; (3) exactly what the Defendant did or failed to do; (4) how the action or inaction of that Defendant is connected to the violation of Plaintiff=s constitutional rights; and (5) what specific injury Plaintiff suffered because of that Defendant=s conduct. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976). Plaintiff must repeat this process for each person he has named as a Defendant. The 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 and may not incorporate 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. Failure to comply with this Order shall result in the dismissal of the case.Plaintiff may not add to this case claims that arose after the filing of the case. A claim must be fully exhausted at the time the case is filed. His retaliation claim was not. He may file a separate lawsuit on that claim. The Clerk is directed to send Plaintiff a 1983 complaint form. Signed by Honorable Mark E. Ford on April 25, 2019. (smg) Modified on 4/25/2019 to add text(tg). |
| Set Deadline: Amended Complaint due by 5/15/2019 (tg) |
| Filing 7 MOTION to Supplement #1 Complaint Referred (42:1983) by Troy Dale Franklin. Motions referred to Mark E. Ford.(tg) |
| Filing 6 TEXT ONLY ORDER. This case is hereby reassigned to United States Magistrate Judge Mark E. Ford. The Clerk is directed to note the reassignment on the docket sheet. Signed by Honorable Erin L. Wiedemann on April 10, 2019. (smg) |
| TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Mark E. Ford. Honorable Erin L. Wiedemann no longer assigned to the case. (lgd) |
| Filing 5 CLERK'S ORDER re PLRA Fee directing Sheriff, Washington County 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: Sheriff, Washington County). (tg) |
| Filing 4 Magistrate Notice/Consent Form Furnished. (lgd) |
|
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. Signed by Honorable Erin L. Wiedemann on April 4, 2019. (lgd)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Troy Dale Franklin. Motions referred to Erin L. Wiedemann.(lgd) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Tarkwon Alister, J. Byrd, Pineda Carlos, Justin Edens, Tim Helder, Joel Keller, Allen Lunsford, Joseph Malone, Clinton McCarver, Tom Mulvaney, Steve Ridenoure, Lynn Whittle, filed by Troy Dale Franklin.(lgd) |
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