Walker v. Ware
| Scott Allen Walker |
| Lead Detective John Doe and Detective Zachary Ware |
| 5:2019cv05189 |
| October 7, 2019 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Erin L Wiedemann |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 3, 2021. A more recent docket listing may be available from PACER.
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Filing 16
TEXT ONLY ORDER denying #15 Motion for a hearing on the pending motion to dismiss. The Court does not hold hearings on motions to dismiss. Plaintiff had already by Order entered on December 2, 2019, been directed to file a written response to the motion to dismiss. The Court will grant Plaintiff a short extension of time to file his written response. Plaintiff's response to the motion to dismiss is due on or before December 31, 2019. (Document due in Response to Order by 12/31/2019). Signed by Honorable Erin L. Wiedemann on December 5, 2019. (smg)
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Filing 15
MOTION for Hearing on #12 MOTION to Dismiss for Failure to State a Claim by Scott Allen Walker. Motions referred to Erin L. Wiedemann.(lgd)
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Filing 14
TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION #12 TO DISMISS. On 11/27/2019 Defendant 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 12/23/2019. Signed by Honorable Erin L. Wiedemann on December 2, 2019. (smg)
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Filing 13
MEMORANDUM BRIEF in Support of Motion to Dismiss by Zachary Ware. (Attachments: #1 Exhibit Docket sheet)(Williams, John)
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Filing 12
MOTION to Dismiss for Failure to State a Claim by Zachary Ware. Motions referred to Erin L. Wiedemann.(Williams, John)
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Filing 11
SUMMONS Returned Executed by Scott Allen Walker. Zachary Ware served on 11/7/2019, answer due 11/29/2019. (tg)
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Filing 10
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Zachary Ware and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred (42:1983), #9 Order on Motion for Miscellaneous Relief, Order Directing Service, #4 Magistrate Notice/Consent Form. (tg)
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Filing 9
ORDER granting #8 Motion to correct name from Detective John Doe to Detective Zachary Ware; ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Detective Zachary Ware and granting 21 days to answer. Signed by Honorable Erin L. Wiedemann on October 29, 2019. (tg)
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Filing 8
MOTION to correct name of defendant #1 Complaint Referred (42:1983) by Scott Allen Walker. Motions referred to Erin L. Wiedemann.(lgd)
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Filing 7
TEXT ONLY ORDER denying #6 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. The Court finds that the it is too early in the case to consider appointing Plaintiff counsel. The Court has not yet determined whether the Complaint asserts plausible claims requiring the Court to serve the Defendant. 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 October 23, 2019. (smg)
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Filing 6
MOTION to Appoint Counsel by Scott Allen Walker. Motions referred to Erin L. Wiedemann.(tg)
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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 filing fee is paid in full (cc: Sheriff, Washington County). (lgd)
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Filing 4
Magistrate Notice/Consent Form mailed to Plaintiff/Petitioner. (lgd)
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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; ORDER directing the Clerk to file the in forma pauperis (IFP) application and complaint submitted by the Plaintiff. A determination regarding his status as a pauper and service of process will be made at a later time. 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. Signed by Honorable Erin L. Wiedemann on October 7, 2019. (lgd)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (42:1983) by Scott Allen Walker. Motions referred to Erin L. Wiedemann.(lgd)
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Filing 1
COMPLAINT REFERRED (42:1983) against John Doe, filed by Scott Allen Walker.(lgd)
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