Durflinger v. Helder et al
| Damian Durflinger |
| Deputy Andrew Whisenhunt, Corporal Carter, Deputy Jordan Myatt, Deputy Gerardo Cervantes, Sheriff Tim Helder, Sergeant James Morse, Deputy David Tonsbeck, Deputy Johnathan Glass, Corporal Dustin Carter and Corporal Mulvaney |
| 5:2020cv05091 |
| May 20, 2020 |
| US District Court for the Western District of Arkansas |
| Mark E Ford |
| P K Holmes |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
This docket was last retrieved on November 9, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 SUMMONS Returned Executed Gerardo Cervantes, Johnathan Glass, Sheriff Tim Helder,James Morse, Jordan Myatt, David Tonsbeck, Andrew Whisenhunt, Dustin Carter, Corporal Mulvaney served on 6/23/2020. (src) Modified on 7/9/2020 (src). |
| Filing 21 INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 12/3/2020. Signed by Honorable Mark E. Ford on July 6, 2020. (djm) |
| Filing 20 Mail Returned as Undeliverable marked No Longer at this facility. Mail originally sent to Damian Durflinger at Washington County Jail including #12 Amended Complaint, filed by Damian Durflinger. Resent to Little Rock address. (tg) |
| Filing 19 ANSWER to Complaint with Jury Demand by Dustin Carter, Gerardo Cervantes, Johnathan Glass, Sheriff Tim Helder, James Morse, Corporal Mulvaney, Jordan Myatt, David Tonsbeck, Andrew Whisenhunt.(Thomas, JaNan) |
| Filing 18 Mail Returned as Undeliverable marked No Longer at this Facility. Mail originally sent to Damian Durflinger at Washington Co Jail including 10 Text Only Order on Motion. Resent to Little Rock address. (src) |
| Filing 17 Mail Returned as Undeliverable marked No longer at facility. Mail originally sent to Damian Durflinger at Washington County Jail including #9 Motion for Miscellaneous Relief filed by Damian Durflinger. Resent to Little Rock. (lgd) |
| Filing 16 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Dustin Carter, Gerardo Cervantes, Johnathan Glass, Sheriff Tim Helder, James Morse, Corporal Mulvaney, Jordan Myatt, David Tonsbeck, Andrew Whisenhunt and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #12 Amended Complaint, #4 Magistrate Notice/Consent Form, #15 Order Directing Service. (lgd) |
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| Filing 14 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 Mark E. Ford on June 11, 2020. (smg) |
| Filing 13 NOTICE of Change of Address for Damian Durflinger to Little Rock, AR. There are no documents to resend. (tg) |
| Filing 12 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Jordan Myatt, Corporal Mulvaney, Gerardo Cervantes, Johnathan Glass, James Morse, Sheriff Tim Helder, Carter, Andrew Whisenhunt, David Tonsbeck, filed by Damian Durflinger. Related document: #1 Complaint Referred (42:1983) filed by Damian Durflinger.(tg) |
| Filing 11 MOTION to Appoint Counsel by Damian Durflinger. Motions referred to Mark E. Ford.(lgd) |
| Filing 10 TEXT ONLY ORDER denying #9 Motion to Subpoena Documents. This request is premature. The Court has not served the Defendants yet. Plaintiff does not need the documents to attach to his Amended Complaint. Instead, he only needs to state the facts of each claim and how he believes each Defendant violated his federal constitutional rights. Plaintiff is given an extension of time until June 23, 2020, to file his Amended Complaint. Signed by Honorable Mark E. Ford on June 9, 2020. (smg) |
| Filing 9 MOTION to Subpoena/Request Documents by Damian Durflinger. Motions referred to Mark E. Ford.(tg) |
| Filing 8 SUPPLEMENT by Plaintiff Damian Durflinger to #1 Complaint Referred (42:1983). (tg) |
| Filing 7 CLERK'S ORDER re PLRA Initial Fee directing Sheriff, Washington County to collect from petitioner's prison account an initial partial filing fee of $40.67; 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 filing fee is paid in full (cc: Sheriff, Washington County). (lgd) |
| Filing 6 TEXT ONLY ORDER granting #5 Motion to Amend/Correct; Corporal Mulvaney is added as a Defendant. The Clerk is directed to file the motion to amend as a supplement to the Complaint. Plaintiff is still required to file an amended complaint by June 12, 2020. As set forth in more detail in the Order entered on May 20, 2020, the amended complaint should include all claims against all defendants and describe how each defendant personally violated Plaintiff's federal constitutional rights. Signed by Honorable Mark E. Ford on May 21, 2020. (smg) |
| Filing 5 MOTION to Amend #1 Complaint Referred (42:1983) by Damian Durflinger. Motions referred to Mark E. Ford.(tg) |
| Filing 4 Magistrate Notice/Consent Form furnished. (lgd) |
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Damian Durflinger. Motions referred to Mark E. Ford.(lgd) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Carter, Gerardo Cervantes, Johnathan Glass, Sheriff Tim Helder, James Morse, Jordan Myatt, David Tonsbeck, Andrew Whisenhunt, filed by Damian Durflinger.(lgd) |
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