Bryan v. Lindsay et al
| Donald Steven Bryan |
| Judge Lindsay, Judge Terra Stevenson, Judge Taylor, Prosecuting Attorney McKinna Moore, Public Defender Candice Smith, Officer Landon Cradduck, Officer Timothy Taylor, Corporal Smith and Corporal Mulvaney |
| 5:2023cv05232 |
| December 14, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Mark E Ford |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 26 TEXT ONLY ORDER denying [ECF No. 24] 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 Orders (ECF Nos. 7 & 12) this Motion for Appointment of Counsel is DENIED. Plaintiff suggests that it is clear from the report and recommendation (ECF No. 14) that he is not adequately presenting his case and is unable to do the necessary legal research. The Court disagrees. At the screening stage, the Court looks at the facts alleged and determines whether the facts have sufficiently stated a claim. Counsel is not necessary for Plaintiff to state the facts of his claims. If the report and recommendation is not adopted, Plaintiff may at a later stage again request the appointment of counsel. Signed by Honorable Mark E. Ford on February 8, 2024. (smg) |
Filing 25
TEXT ONLY ORDER denying [ECF No. 23] Plaintiff's Motion to claim and exercise his constitutional rights. This is not a proper motion. Plaintiff is exercising his constitutional rights by filing this civil rights action. Plaintiff is directed to file no further documents like this one or the ones stricken by Judge Brooks in ECF No. 22. Signed by Honorable Mark E. Ford on February 8, 2024. (smg)
|
| Filing 24 MOTION to Appoint Counsel by Donald Steven Bryan. Motions referred to Mark E. Ford.(tg) |
| Filing 23 MOTION to claim and exercise constitutional rights by Donald Steven Bryan. Motions referred to Mark E. Ford.(tg) |
| Filing 22 TEXT ONLY ORDER DIRECTING the Clerk of Court to STRIKE the following motions under Federal Rule of Civil Procedure 12(f): #15 MOTION to affirm my right to claim and exercise my constitutionally guaranteed rights both federal and state; #19 MOTION to affirm miscellaneous questions; and #20 MOTION to affirm questions. These filings are immaterial, frivolous, and impertinent, and they were filed without leave of Court. Signed by Honorable Timothy L. Brooks on February 6, 2024. (ee) |
| Filing 21 TEXT ONLY ORDER granting in part and denying in part #16 Motion for Extension of Time to File Objections to Report and Recommendation. The new deadline to file objections to the Report and Recommendation pending in this case is EXTENDED to February 26, 2024. As for Plaintiff's request to be transported to a law library, this is denied. Plaintiff does not claim he was denied access to the jail's law library; instead, he claims the law library is subpar and/or that he has not been granted as much access as he would like. An inmate has no constitutional right to unfettered law library access or a law library that comports with his expectations or specifications. Signed by Honorable Timothy L. Brooks on February 6, 2024. (ee) |
| Filing 20 ***STRICKEN PER TEXT ONLY ORDER 22 DATED 2/6/2024***MOTIONS to affirm questions by Donald Steven Bryan. (lgd) Modified text on 2/7/2024 (lgd). |
| Motions No Longer Referred: #20 MOTION to affirm questions, #19 MOTION to affirm miscellaneous questions, per chambers. (lgd) |
| Filing 19 ***STRICKEN PER TEXT ORDER 22 DATED 2/6/2024***MOTION to affirm miscellaneous questions by Donald Steven Bryan. (tg) Modified text on 2/7/2024 (lgd). |
| Filing 18 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Landon Cradduck, Mulvaney, Smith, Timothy Taylor 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), #17 Order Directing Service. (lgd) |
|
Filing 17
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Landon Cradduck, Mulvaney, Smith, Timothy Taylor and granting 21 days to answer. Signed by Honorable Mark E. Ford on February 5, 2024. (cc: U.S. Marshals Service-Certified).(lgd)
|
| Filing 16 MOTION for Extension of Time to File Objection to Report and Recommendation and get access to courthouse law library and Order for transportation to and from law library by Donald Steven Bryan. Motions referred to Mark E. Ford.(tg) |
| Filing 15 ***STRICKEN PER TEXT ORDER 22 DATED 2/6/2024***MOTION to affirm my right to claim and exercise my constitutionally guaranteed rights both federal and state by Donald Steven Bryan. (tg) Modified text on 2/7/2024 (lgd). |
| Motions No Longer Referred: #15 MOTION to affirm my right to claim and exercise my constitutionally guaranteed rights both federal and state, #16 MOTION for Extension of Time to File Response/Reply (tg) |
| Filing 14 REPORT AND RECOMMENDATIONS re #1 Complaint Referred (42:1983) filed by Donald Steven Bryan. Objections to R&R due by 2/12/2024. Signed by Honorable Mark E. Ford on January 25, 2024. (lgd) |
|
Filing 13
ORDER granting in part and denying in part #10 Motion for Miscellaneous Relief, see Order for specifics. The Clerk is directed to add Coporal Mulvaney as a Defendant. Signed by Honorable Mark E. Ford on January 22, 2024. (bjb)
|
| Filing 12 TEXT ONLY ORDER denying [ECF No. 9] 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. 7) this Motion for Appointment of Counsel is DENIED. Further, Plaintiff maintains this case is criminal in nature. An individual may not file a criminal action. Instead, this is a civil rights action to determine if Plaintiff's constitutional rights have been violated. Signed by Honorable Mark E. Ford on January 22, 2024. (smg) |
| Filing 11 TEXT ONLY ORDER denying [ECF No. 8] Motion for an immediate hearing. Plaintiff insists this case is criminal in nature. However, a private individual may not file a criminal action. This is a civil rights action to determine whether Plaintiff's constitutional rights have been violated. If Plaintiff does not desire to proceed with this action, he may file a motion to voluntarily dismiss it. Signed by Honorable Mark E. Ford on January 22, 2024. (smg) |
| Filing 10 MOTION for copies by Donald Steven Bryan. Motions referred to Mark E. Ford.(tg) |
| Filing 9 MOTION to Appoint Counsel by Donald Steven Bryan. Motions referred to Mark E. Ford.(tg) |
| Filing 8 MOTION for Emergency Hearing by Donald Steven Bryan. Motions referred to Mark E. Ford.(tg) |
| 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. 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 notes that this case is in the early stages. The Court has not yet screened the Complaint pursuant to 28 U.S.C. sec. 1915A. 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 December 28, 2023. (smg) |
| Filing 6 MOTION to Appoint Counsel by Donald Steven Bryan. Motions referred to Mark E. Ford.(bjb) |
| Filing 5 Magistrate Notice/Consent Form (bjb) |
| Filing 4 CLERK'S ORDER re PLRA Fee directing Washington County Detention Center 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: Washington County Jail). (bjb) |
|
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 $350.00. Signed by Honorable Christy D. Comstock on December 14, 2023. (bjb)
|
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Donald Steven Bryan. Motions referred to Mark E. Ford.(bjb) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Landon Cradduck, Lindsay, McKinna Moore, Smith, Candice Smith, Terra Stevenson, Taylor, Timothy Taylor, filed by Donald Steven Bryan.(bjb) |
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.
