Morgan v. Rothe et al
| Kristopher Michael Morgan |
| Sergeant Sarah Sears, Sydney Simmons, Theresa Rothe, Jolana Wilson, John Beckman, Amanda Arnold, Tom Mulvaney, Jon Beckham, Lieutenant Amanda Arnold, Corporal Tom Mulvaney and City of Fayetteville |
| 5:2021cv05114 |
| June 24, 2021 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Mark E Ford |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
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Filing 35
MOTION for court order for copies of kiosk conversations by Kristopher Michael Morgan. Motions referred to Mark E. Ford.(lgd)
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Filing 34
TEXT ONLY ORDER denying #31 Plaintiff's Motion for possession of his wedding band and watch. Plaintiff must adhere to the rules of the detention center with respect to what personal property he may have in his possession. Signed by Honorable Mark E. Ford on August 23, 2021. (smg)
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Filing 33
ORDER ADOPTING #22 REPORT AND RECOMMENDATIONS and terminating Sarah Sears, Amanda Arnold and City of Fayetteville. The case will proceed against the remaining Defendants. Signed by Honorable Timothy L. Brooks on August 20, 2021. (tg) Modified on 8/23/2021 (src).
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Filing 32
TEXT ONLY ORDER REFERRING MOTION: #31 MOTION for Order filed by Kristopher Michael Morgan to Honorable Mark E. Ford. Signed by Honorable Timothy L. Brooks on August 20, 2021. Motions referred to Mark E. Ford.(ee)
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Filing 31
MOTION for Order by Kristopher Michael Morgan. Motions referred to Mark E. Ford.(tg)
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Filing 30
TEXT ONLY ORDER denying #29 Motion seeking the following: (1) copies of requests and grievances from the kiosk; (2) copies of his arrest and conviction record; (3) authorization for a second blanket and mattress; (4) authorization for pain and anxiety medication; and (5)additions to his diet including milk at each meal and double trays. This Motion is premature. The Court has just ordered service on the Defendants. With respect to Plaintiff's requests for documents, once Defendants answer the Complaint, an Initial Scheduling Order will be entered which sets forth a period for discovery to occur during and also requires Defendants to make initial disclosures to Plaintiff. The initial disclosures will include his jail file. Signed by Honorable Mark E. Ford on August 17, 2021. (smg)
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Filing 29
MOTION for Order by Kristopher Michael Morgan. Motions referred to Mark E. Ford.(tg)
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Filing 28
TEXT ONLY ORDER denying #27 Motion for pain management drugs. The Motion is premature. The Court has just ordered service on the Defendants. Signed by Honorable Mark E. Ford on August 16, 2021. (smg)
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Filing 27
MOTION for Order for pain management by Kristopher Michael Morgan. Motions referred to Mark E. Ford.(lgd)
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Filing 26
TEXT ONLY ORDER denying #25 Motion for copies of Plaintiff's arrest and conviction records. This Motion is premature. The Court has just ordered service on the Defendants. Once Defendants answer the Complaint, an Initial Scheduling Order will be entered which sets forth a period for discovery to occur during and also requires Defendants to make initial disclosures to Plaintiff. The initial disclosures will include his jail file. Signed by Honorable Mark E. Ford on August 9, 2021. (smg)
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Filing 25
MOTION for Order by Kristopher Michael Morgan. Motions referred to Mark E. Ford.(src)
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Filing 24
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Jon Beckham, Tom Mulvaney, Theresa Rothe, Sydney Simmons, Jolana Wilson and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #7 Amended Complaint,. (lgd)
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Filing 23
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Amanda Arnold, Jon Beckham, City of Fayetteville, Tom Mulvaney, Theresa Rothe, Sarah Sears, Sydney Simmons, Jolana Wilson and granting 21 days to answer. Signed by Honorable Mark E. Ford on August 2, 2021. (cc: U.S. Marshals Service-Certified).(lgd)
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Filing 22
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE re #7 Amended Complaint, filed by Kristopher Michael Morgan. Objections to R&R due by 8/19/2021. Signed by Honorable Mark E. Ford on August 2, 2021. (lgd) Modified on 8/20/2021 (tg).
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Filing 21
AMENDED CLERK'S ORDER re PLRA Initial Fee directing Sheriff, Washington County to collect from petitioner's prison account an initial partial filing fee of $46.67; 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 Detention Center). (lgd)
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Filing 20
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 #7 Amended Complaint. The name of Defendant Amanda Arnold should be changed to Lieutenant Amanda Arnold, and the name of Defendant Tom Mulvaney should be changed to Corporal Tom Mulvaney. CLERK TO FOLLOW UP. Signed by Honorable Mark E. Ford on July 29, 2021. (smg)
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Filing 19
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 #7 Amended Complaint. The name of Defendant John Beckmam should be changed to Jon Beckham. CLERK TO FOLLOW UP. Signed by Honorable Mark E. Ford on July 28, 2021. (smg)
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Filing 18
CLERK'S ORDER re PLRA Initial Fee directing Sheriff, Washington County to collect from petitioner's prison account an initial partial filing fee of $56.00; 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, Washington County). (tg)
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Filing 17
TEXT ONLY ORDER denying #14 Motion to provide prescription medication for medical conditions. The motion is premature. The Court has not yet decided if the Complaint should be served on the Defendants. Further, Plaintiff must establish a likelihood that he would prevail on the merits before any type of injunctive relief is available to him. Signed by Honorable Mark E. Ford on July 28, 2021. (smg)
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Filing 16
TEXT ONLY ORDER granting Motions for Leave to Proceed in forma pauperis (ECF Nos. 2, 8, and 15)(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 $ 350.00. Signed by Honorable Mark E. Ford on July 28, 2021. (smg)
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Filing 15
MOTION for Leave to Proceed in forma pauperis (42:1983) by Kristopher Michael Morgan. Motions referred to Mark E. Ford.(lgd)
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Filing 14
SECOND MOTION for court Orders for miscellaneous relief by Kristopher Michael Morgan. Motions referred to Mark E. Ford.(lgd)
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Filing 13
TEXT ONLY ORDER denying #9 Motion for change in diet due to medical condition. This Motion is premature. Plaintiff has not yet been granted in forma pauperis status and the Complaint has not been served on the Defendants.Signed by Honorable Mark E. Ford on July 15, 2021. (smg)
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Filing 12
TEXT ONLY ORDER denying #6 Motion for prescription medication and other accommodations due to medical conditions. This Motion is premature. Plaintiff has not yet been granted in forma pauperis status and the Complaint has not been served on the Defendants. Signed by Honorable Mark E. Ford on July 15, 2021. (smg)
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Filing 11
TEXT ONLY ORDER denying #5 Motion for the subpoena of documents. This motion is premature. Plaintiff has not yet been granted in forma pauperis status and the complaint has not been served on the Defendants. If the complaint is served, once Defendants answer an initial scheduling order will be entered which will require initial disclosures to the Plaintiff of all documents in his jail file. Signed by Honorable Mark E. Ford on July 15, 2021. (smg)
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Filing 10
TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application (ECF No. 2). The application was incomplete because plaintiff failed to answer the questions on the two-page application. An Order (ECF No. 3) was entered, giving Plaintiff until July 12, 2021, to submit a completed IFP application. On July 7, 2021, Plaintiff submitted another IFP application (ECF No. 8). Once again, Plaintiff failed to answer the questions on the two-page IFP application and instead merely signed the application and submitted his certificate of account. The Court needs both the questions answered on the two-page application and the completed certificate of account to determine Plaintiff's eligibility for IFP status. For this reason, the Clerk is directed to send Plaintiff a blank Prisoner IFP application. Plaintiff is given 21 days from the date of this Order to either return the completed application to this court for review and filing or pay the 350.00 dollar filing fee and 52.00 dollar administrative fee, a total of 402.00 dollars. This case shall be subject to dismissal for failure to obey an order of the Court if Plaintiff fails to return the completed IFP application or pay the 402.00 dollar filing fee by the deadline. CLERK TO FOLLOW UP Completed IFP due by 8/3/2021. Signed by Honorable Mark E. Ford on July 13, 2021. (smg)
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Filing 9
MOTIONS for Order by Kristopher Michael Morgan. Motions referred to Mark E. Ford.(tg)
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Filing 8
MOTION for Leave to Proceed in forma pauperis (42:1983) by Kristopher Michael Morgan. Motions referred to Mark E. Ford.(lgd) Modified on 7/29/2021 (lgd).
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Filing 7
AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Sydney Simmons, John Beckman, Amanda Arnold, Theresa Rothe, Tom Mulvaney, Sarah Sears, Jolana Wilson, City of Fayetteville, filed by Kristopher Michael Morgan. Related document: #1 Complaint Referred (42:1983) filed by Kristopher Michael Morgan.(lgd)
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Filing 6
MOTION for order regarding pain management, spinal degeneration and sciatic nerve pain by Kristopher Michael Morgan. Motions referred to Mark E. Ford.(lgd)
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Filing 5
MOTION to subpoena documents by Kristopher Michael Morgan. Motions referred to Mark E. Ford.(lgd)
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Filing 4
Magistrate Notice/Consent Form furnished. (lgd)
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Filing 3
ORDER that the matter has been provisionally filed as the undersigned finds that additional information is needed to rule on Plaintiff's IFP application. Specifically the Court requires the following information:Completed IFP. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. ORDER DIRECTING that an Amended Complaint be filed.( Amended Complaint due by 7/12/2021) Completed IFP due by 7/12/2021. Signed by Honorable Christy D. Comstock on June 24, 2021. (lgd)
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Filing 2
MOTION for Leave to Proceed in forma pauperis (42:1983) by Kristopher Michael Morgan. Motions referred to Mark E. Ford.(lgd) Modified on 7/29/2021 (lgd).
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Filing 1
COMPLAINT REFERRED (42:1983) against Amanda Arnold, John Beckman, Tom Mulvaney, Theresa Rothe, Sarah Sears, Sydney Simmons, Jolana Wilson, filed by Kristopher Michael Morgan.(lgd)
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