Horton v. Holloway et al
| Richard Patrick Horton |
| Parole Officer Craig Foreman, Sergeant Volner, Sergeant Greg Hobelman, K. Killman, Jane Doe Medical Staff, Gage, Corporal Taylor, Corporal Monday, Deputy Kenneth Cogdill, Deputy Joshua Sumler, Matt Poe, Lieutenant Tyler Ross, John and Jane Doe Deputies, Sheriff Shawn Holloway, Lieutenant Wyatt Banta, Deputy K. Killman, Deputy Teddy Dalton and Captain Gage |
| 5:2020cv05138 |
| August 4, 2020 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Erin L Wiedemann |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 16
TEXT ONLY ORDER. The summons was returned unexecuted for Deputy Teddy Dalton. He no longer is employed at the Benton County Detention Center.Defendants are given until October 23, 2020, to provide the Court with Deputy Dalton's last known address contained in his employment file. Defendants may provide this information to the Court under seal. Signed by Honorable Erin L. Wiedemann on October 2, 2020. (smg)
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Filing 15
TEXT ONLY ORDER Directed to Plaintiff to Provide Information to Serve Defendant(s). It is the responsibility of the Plaintiff to provide the Court with the necessary information to serve the Defendants. See Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993). Summons to Defendant Matt Poe has been returned unexecuted. There is no one employed at the Benton County Detention Center by that name. Plaintiff is therefore ordered to provide the Court with additional identifying information to use in properly identifying the Defendant listed as Matt Poe by no later than 21 days from the entry of this order. If the Plaintiff fails to provide the additional information by the deadline, Defendant Matt Poe will be dismissed as a party from this case. Information for Service due by 10/23/2020. Signed by Honorable Erin L. Wiedemann on October 2, 2020. (smg)
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Filing 14
SUMMONS Returned Executed by Richard Patrick Horton. Wyatt Banta served on 9/24/2020, answer due 10/15/2020; Captain Gage served on 9/24/2020, answer due 10/15/2020;Kenneth Cogdill served on 9/24/2020, answer due 10/15/2020; Craig Foreman served on 9/16/2020, answer due 10/7/2020; Greg Hobelman served on 9/24/2020, answer due 10/15/2020; Shawn Holloway served on 9/24/2020, answer due 10/15/2020; K. Killman served on 9/24/2020, answer due 10/15/2020; Monday served on 9/24/2020, answer due 10/15/2020; Joshua Sumler served on 9/24/2020, answer due 10/15/2020; Taylor served on 9/24/2020, answer due 10/15/2020; Volner served on 9/24/2020, answer due 10/15/2020. (lgd)
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Filing 13
Summons Returned Unexecuted by Richard Patrick Horton as to Teddy Dalton, Matt Poe. (lgd)
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Filing 12
Summons Returned Unexecuted by Richard Patrick Horton as to Jane Doe Medical Staff, John and Jane Doe Deputies. (tg)
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Filing 11
Summons Returned Unexecuted by Richard Patrick Horton as to Jane Doe Medical Staff. (tg)
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Filing 10
Summons Returned Unexecuted by Richard Patrick Horton as to John and Jane Doe Deputies. (tg)
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Filing 9
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Wyatt Banta, Kenneth Cogdill, Teddy Dalton, Craig Foreman, Gage, Greg Hobelman, Shawn Holloway, Jane Doe Medical Staff, John and Jane Doe Deputies, K. Killman, Monday, Matt Poe, Tyler Ross, Joshua Sumler, Taylor, Volner and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #6 Amended Complaint, #8 Order Directing Service, #4 Magistrate Notice/Consent Form. (lgd)
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Filing 8
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Wyatt Banta, Kenneth Cogdill, Teddy Dalton, Craig Foreman, Gage, Greg Hobelman, Shawn Holloway, Jane Doe Medical Staff, John and Jane Doe Deputies, K. Killman, Monday, Matt Poe, Tyler Ross, Joshua Sumler, Taylor, Volner and granting 21 days to answer. Signed by Honorable Erin L. Wiedemann on August 28, 2020. (cc: U.S. Marshals Service-Certified).(lgd)
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Filing 7
TEXT ONLY ORDER Directing the Clerk to change the style of the case and the case participant name to reflect the correct name of the Defendant as set forth in the #6 Amended Complaint. The name of Defendant Gage should be changed to Captain Gage, and the name of Defendant K. Killman should be changed to Deputy K. Killman. Additionally, Deputy Teddy Dalton should be added as a Defendant. CLERK TO FOLLOW UP. Signed by Honorable Erin L. Wiedemann on August 28, 2020. (smg)
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Filing 6
AMENDED COMPLAINT with Jury Demand as to #1 Complaint Referred (42:1983), against K. Killman, Greg Hobelman, Shawn Holloway, Matt Poe, Jane Doe Medical Staff, Joshua Sumler, Wyatt Banta, Gage, Volner, John and Jane Doe Deputies, Monday, Craig Foreman, Tyler Ross, Taylor, Kenneth Cogdill, filed by Richard Patrick Horton. Related document: #1 Complaint Referred (42:1983), filed by Richard Patrick Horton.(lgd)
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Filing 5
CLERK'S ORDER re PLRA Initial Fee directing Benton County Detention Center to collect from petitioner's prison account an initial partial filing fee of $10.65; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $ 350.00 filing fee is paid in full (cc: Sheriff, Benton County Detention Center). (tg)
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Filing 4
Magistrate Notice/Consent Form Furnished. (tg)
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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 $350.00 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 and ORDER DIRECTING that an Amended Complaint be filed.( Amended Complaint due by 8/21/2020). Signed by Honorable Erin L. Wiedemann on August 4, 2020. (tg)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (42:1983) by Richard Patrick Horton. Motions referred to Erin L. Wiedemann.(tg)
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Filing 1
COMPLAINT REFERRED (42:1983) against Richard Patrick Horton, Wyatt Banta, Kenneth Cogdill, Craig Foreman, Gage, Greg Hobelman, Shawn Holloway, Jane Doe Medical Staff, John and Jane Doe Deputies, K. Killman, Monday, Matt Poe, Tyler Ross, Joshua Sumler, Taylor, filed by Richard Patrick Horton.(tg)
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