Bryan v. Bacon et al
| Donald Steven Bryan |
| Angeline Bacon, Nancy Aldridge and John Doe |
| 5:2023cv05239 |
| December 27, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Christy D Comstock |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 15 TEXT ONLY ORDER denying #14 Motion to Dismiss Case and Refile as Habeas Petition. This case has been closed for the reasons stated in the Report and Recommendation. If Plaintiff wishes to file a habeas action, he must prepare and file a separate petition, which will be a signed a new case number. Signed by Honorable Timothy L. Brooks on February 22, 2024. (ee) |
| Filing 14 MOTION to Dismiss Case and File as a Petition for Habeas Corpus by Donald Steven Bryan. (tg) |
Filing 13
ORDER adopting #10 Report and Recommendations. Case DISMISSED WITH PREJUDICE. Signed by Honorable Timothy L. Brooks on February 21, 2024. (bjb)
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| Filing 12 TEXT ONLY ORDER granting in part and denying in part #11 Motion for Extension of Time to File Response to R&R. The Court grants Plaintiff a brief extension of time to file objections to the R&R. The new deadline to file objections is now February 19, 2024. All other requests for relief in the Motion are denied. Signed by Honorable Timothy L. Brooks on February 6, 2024. (ee) |
| Filing 11 MOTION for Extension of Time to File Objections to #10 REPORT AND RECOMMENDATIONS re #1 Complaint Referred (42:1983) filed by Donald Steven Bryan. by Donald Steven Bryan. (lgd) |
| Filing 10 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 Christy D. Comstock on January 26, 2024. (tg) |
| Filing 9 TEXT ONLY ORDER denying [ECF No. 8] 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. Signed by Honorable Christy D. Comstock on January 22, 2024. (smg) |
| Filing 8 MOTION to Appoint Counsel by Donald Steven Bryan. Motions referred to Christy D. Comstock.(tg) |
| Filing 7 TEXT ONLY ORDER denying #4 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 this regard, the Court notes that this case is in the early stages. The Court has not yet determined whether the Complaint should be served 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 January 8, 2024. (smg) |
| Filing 6 CLERK'S ORDER re PLRA Initial Fee directing Washington County Jail to collect from petitioner's prison account an initial partial filing fee of $1.45; 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) |
| Filing 5 Magistrate Notice/Consent Form furnished. (lgd) |
| Filing 4 MOTION to Appoint Counsel by Donald Steven Bryan. Motions referred to Christy D. Comstock.(lgd) |
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Filing 3
ORDER directing the Clerk to file the in forma pauperis (IFP) application and complaint submitted by the Plaintiff; Further 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. Signed by Honorable Christy D. Comstock on December 27, 2023. (lgd)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Donald Steven Bryan. Motions referred to Christy D. Comstock.(lgd) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Nancy Aldridge, Angeline Bacon, John Doe, filed by Donald Steven Bryan.(lgd) |
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