Bailey v. Karas et al
| Christopher Bailey |
| Dr. Robert Karas, Karas Correctional Health, Registered Nurse Earl Hinely, Tim Helder and Former Sheriff Tim Helder |
| 5:2023cv05183 |
| October 24, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Christy D Comstock |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 19 SUMMONS Returned Executed. Tim Helder served on 12/18/2023, answer due 1/8/2024; Earl Hinely served on 12/18/2023, answer due 1/8/2024. (bjb) (Additional attachment(s) added on 12/22/2023: #1 Unredacted Return) (bjb). |
| Filing 18 SUMMONS Returned Executed Robert Karas served on 12/18/2023. (bjb) |
| Filing 17 ANSWER to #12 Amended Complaint, with Jury Demand by Earl Hinely, Robert Karas, Karas Correctional Health.(Mosley, Michael) |
| Filing 16 MOTION for status by Christopher Bailey. Motions referred to Christy D. Comstock.(lgd) |
| Filing 15 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Tim Helder, Earl Hinely, Robert Karas and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #4 Magistrate Notice/Consent Form, #14 Order Directing Service, #12 Amended Complaint. (bjb) |
Filing 14
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Tim Helder, Earl Hinely, Robert Karas and granting 21 days to answer. Signed by Honorable Christy D. Comstock on December 12, 2023. (cc: U.S. Marshals Service-Certified).(bjb)
|
| Filing 13 SUPPLEMENT by Plaintiff Christopher Bailey to #12 Amended Complaint. (tg) |
| Filing 12 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Earl Hinely, Karas Correctional Health, Robert Karas, Tim Helder, filed by Christopher Bailey. Related document: #1 Complaint Referred (42:1983) filed by "Cheeseburger", Christopher Bailey.(tg) |
| Filing 11 TEXT ONLY ORDER denying (ECF No. 10) Motion to Appoint Counsel. Plaintiff has again requested appointment of counsel. Appointment of Counsel is made at the discretion of the Court. 28 U.S.C. Sec. 1915(e)(1). For the reasons stated in the Courts prior Order (ECF No. 8) this Motion for Appointment of Counsel is DENIED. Signed by Honorable Christy D. Comstock on November 17, 2023. (smg) |
| Filing 10 MOTION to Appoint Counsel by Christopher Bailey. Motions referred to Christy D. Comstock.(lgd) |
| Set Deadlines/Hearings: Amended Complaint due by 11/29/2023 (lgd) |
| Filing 9 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. While Plaintiff has named Former Sheriff Helder as a Defendant, Plaintiff has failed to indicate how he believes Sheriff Helder personally violated his federal constitutional rights. For this reason, Plaintiff is directed to submit an Amended Complaint by November 29, 2023. The Clerk is directed to mail the Plaintiff a court-approved section 1983 form.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); Fed. R. Civ. P. 8.Plaintiff must repeat this process for each person he has named as a Defendant. Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered. If he fails to do, the allegations against that Defendant will be dismissed for failure to state a claim.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. Plaintiff 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.This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the November 29, 2023, deadline CLERK TO FOLLOW UP. Signed by Honorable Christy D. Comstock on November 8, 2023. (smg) |
| Filing 8 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. 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. In so finding, the Court notes that this case is in the early stages. In fact, service has not yet been ordered on the Defendants. 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 Christy D. Comstock on November 7, 2023. (smg) |
| Filing 7 SUPPLEMENT by Plaintiff Christopher Bailey to #1 Complaint Referred (42:1983). (lgd) (lgd). |
| Filing 6 MOTION to Appoint Counsel by Christopher Bailey. Motions referred to Christy D. Comstock.(bjb) |
| 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 (tg) |
|
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. Signed by Honorable Mark E. Ford on October 24, 2023. (tg)
|
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Christopher Bailey. Motions referred to Christy D. Comstock.(tg) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Tim Helder, Earl Hinely, Robert Karas, Karas Correctional Health, filed by Christopher Bailey.(tg) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arkansas Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
