Bryan v. Whitaker, et al
| Donald Steven Bryan |
| Matthew Whitaker, Officer John Doe 1, Officer John Doe 2, Officer John Doe 3, Officer John Doe 4 and Officer John Doe 5 |
| 5:2023cv05238 |
| December 27, 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
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 AFFIDAVIT of Service. Matthew Whitaker served on 2/7/2024, answer due 2/28/2024. (bjb) |
| Filing 18 CLERK'S NOTICE OF SERVICE: CERTIFIED MAIL, RETURN RECEIPT RECEIVED for service of documents as set forth in #7 Summons Issued, #6 Order Directing Service. Holly Fuhrman, USMS received documents on 1/31/2024. (lgd) |
| Filing 17 MOTION to affirm questions by Donald Steven Bryan. Motions referred to Mark E. Ford.(lgd) |
| Filing 16 MOTION for access and transportation to law library by Donald Steven Bryan. Motions referred to Mark E. Ford.(lgd) |
| Filing 15 TEXT ONLY ORDER denying [ECF No. 12] Motion to affirm Plaintiff's right to claim and exercise his constitutional rights. This is not a proper motion. A motion is a request for the Court to take some action on behalf of the moving party. Here, Plaintiff is asking a question to be answered by the undersigned. Plaintiff is not allowed to ask the Court questions in this manner.Plaintiff has filed this civil rights action alleging violations of his constitutional rights. The merits of his claims will be determined at a later stage in this litigation. Although an Order [ECF No. 6] directing service on the Defendants has been entered, Defendants have not yet been served. Signed by Honorable Mark E. Ford on January 30, 2024. (smg) |
Filing 14
TEXT ONLY ORDER denying [ECF No. 11] Motion to affirm oath of office. This is not a proper motion. A motion is a request for the Court to take some action on behalf of the moving party. Here, Plaintiff is asking a question to be answered by a Judge of this Court. Plaintiff is not allowed to ask the Court questions in this manner. Signed by Honorable Mark E. Ford on January 30, 2024. (smg)
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| Filing 13 TEXT ONLY ORDER denying [ECF No. 10] Motion to affirm oath of office. This is not a proper motion. A motion is a request for the Court to take some action on behalf of the moving party. Here, Plaintiff is asking a question to be answered by the undersigned. Plaintiff is not allowed to ask the Court questions in this manner. Signed by Honorable Mark E. Ford on January 30, 2024. (smg) |
| Filing 12 MOTION to claim and exercise constitutional rights by Donald Steven Bryan. Motions referred to Mark E. Ford.(tg) |
| Filing 11 MOTION to affirm questions below from Judge Comstock by Donald Steven Bryan. Motions referred to Mark E. Ford.(tg) |
| Filing 10 MOTION to affirm questions below from Judge Ford by Donald Steven Bryan. Motions referred to Mark E. Ford.(tg) |
| Filing 9 TEXT ONLY ORDER denying [ECF No. 8] 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.Plaintiff suggests in his Motion that this action is criminal in nature. A private citizen may not file a criminal action. This is a civil rights action to determine if Plaintiff's civil rights have been violated. If Plaintiff does not desire to proceed with this action, he may file a motion asking to voluntarily dismiss the action. 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 January 22, 2024. (smg) |
| Filing 8 MOTION to Appoint Counsel by Donald Steven Bryan. Motions referred to Mark E. Ford.(tg) |
| Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Matthew Whitaker and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #6 Order Directing Service, #4 Magistrate Notice/Consent Form, #1 Complaint Referred (42:1983). (lgd) |
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Filing 6
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Matthew Whitaker and granting 21 days to answer. Signed by Honorable Christy D. Comstock on January 18, 2024. (cc: U.S. Marshals Service-Certified).(lgd)
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| CERTIFIED MAIL, WITH RETURN RECEIPT ATTACHED, DELIVERED TO U.S. POSTAL SERVICE, for service documents, #6 Order Directing Service to US Marshals Service, Fort Smith using Certified Mail Article number 70210950000127411091. (lgd) |
| Filing 5 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 Detention Center). (bjb) |
| Filing 4 Magistrate Notice/Consent Form (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 27, 2023. (bjb)
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| 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 John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 5, Matthew Whitaker, filed by Donald Steven Bryan.(bjb) |
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