Hawkins v. Cash et al
| Marcus Lamant Hawkins |
| Deputy Dustin Canbell, Deputy Ramirez, Brandon Peechey, Sheriff Mike Cash, Lieutenant Justin Lingo and Deputy Mayers |
| 6:2018cv06098 |
| October 11, 2018 |
| US District Court for the Western District of Arkansas |
| Mark E Ford |
| P K Holmes |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 14
ORDER re #1 Complaint Referred (42:1983) filed by Marcus Lamant Hawkins. Plaintiff's claims are DISMISSED WITHOUT PREJUDICE. The dismissal of this action constitutes a strike under 28 U.S.C. 1915(g). Signed by Honorable P. K. Holmes, III on December 4, 2018. (mjm)
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| Filing 13 TEXT ONLY ORDER denying #12 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. 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 November 13, 2018. (klk) |
| Filing 12 MOTION to Appoint Counsel by Marcus Lamant Hawkins. Motions referred to Mark E. Ford.(lgd) |
| Filing 11 ADDENDUM by Marcus Lamant Hawkins to #1 Complaint Referred (42:1983).. (src) |
| Filing 10 TEXT ONLY ORDER granting #9 Motion for Leave to Proceed in forma pauperis (42:1983). As Plaintiff proceeds in forma pauperis and pro se, the Court will issue service on Defendants on his behalf. Service will be addressed by separate order.Plaintiff is advised that he is required to immediately inform the Court of any change of address. Plaintiff shall have 30 days to notify the Court of a 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 26, 2018. (klk) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis (42:1983) by Marcus Lamant Hawkins per TEXT ONLY ORDER dated 10/16/18 directing him to do so entered by the Honorable Mark E. Ford. Motions referred to Mark E. Ford.(lgd) Modified on 10/26/2018 to edit text (lw). |
| Mail Returned as Undeliverable marked Attempted Not Known. Mail originally sent to Marcus Lamant Hawkins at #129173 Hot Spring County Jail, 1 Detention Lane, Malvern, AR 72104 including #5 Clerk's Order PLRA Fee, #6 Order Directing Pleading to be Filed. Resent to 408 Pacific St, Malvern, AR 72104. (mjm) |
| Filing 8 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. Plaintiff filed a Notice of Change of Address indicating the he has now been released from custody. When a Plaintiff is released from confinement, the policy of the Court is to require re-submission of affidavits to determine whether he should be required to pay all, or a portion of, the fees and costs of the lawsuit. If Plaintiff wishes to proceed with this lawsuit, he is directed to pay the balance of the 350.00 dollar filing fee, or to resubmit an IFP application which reflects his free-world financial status within 21 days of the date of this Order. IT IS THEREFORE ORDERED THAT: the Clerk is directed to send a blank IFP Application to the Plaintiff. Plaintiff is directed to submit the balance of the 350.00 dollar filing fee or complete and sign the IFP Application within 21 days. This case shall be subject to dismissal if Plaintiff fails to pay the 350.00 dollar filing fee or resubmit an IFP application by the deadline. CLERK TO FOLLOW UP Completed IFP due by 11/6/2018. Signed by Honorable Mark E. Ford on October 16, 2018. (klk) |
| Filing 7 NOTICE of Change of Address for Marcus Hawkins. Another copy of #3 Order on Motion for Leave to Proceed In Forma Pauperis (42:1983), #2 MOTION for Leave to Proceed in forma pauperis (42:1983) NEF, #5 Clerk's Order PLRA Fee, #6 Order Directing Pleading to be Filed, #4 Magistrate Notice/Consent Form, #1 Complaint Referred (42:1983) mailed to new address. (src) Modified on 10/15/2018 (src). |
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Filing 6
ORDER DIRECTING that an Addendum to pleading be filed. Addendum due by 10/26/2018. Signed by Honorable Mark E. Ford on October 12, 2018. (lw)
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| Filing 5 CLERK'S ORDER re PLRA Fee directing Hot Spring County Jail 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.(mjm) |
| Filing 4 Magistrate Notice/Consent Form Furnished. (hnc) |
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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 Barry A. Bryant on October 11, 2018. (hnc)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Marcus Lamant Hawkins. Motions referred to Mark E. Ford.(hnc) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Dustin Canbell, Mike Cash, Justin Lingo, Mayers, Brandon Peechey, Ramirez, filed by Marcus Lamant Hawkins.(hnc) |
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