Stompingbear v. Reed
| Happy Stompingbear |
| Dexter Payne, Marshall Reed, Wendy Kelley, Sergeant Jesse Jackson, Sergeant Samuel Knight, Keith Waddle, John and Jane Doe Classification Committee Members, Major Rickens, Mr. Hulk, Tony McHan, Warden Gibson, Randall Watson, Mr. Teas, Mr. Jackson, Justine Minor, Joshua Mayfield, Mrs. Faust, Lieutenant Clark, Terrie Banister, Raymond Naylor, Sergeant Brian Cocknell, John and Jane Doe Defendants, Mr. Henig, Sergeant Steven Mitchell, James Lowe, Grant Harris, Steven Williams, Sharon Cantrell, Unknown Liability Insurance Company, Pearlie Johnson, Mrs. Robinson, John and Jane Doe Policy Makers, Jada Lawrence, John and Jane Doe Publication Committee Members, Sergeant Warren Walker, David White, Marvin Evans, Mr. Garry Jenkins, Governor Asa Hutchinson, John Doe, 1, Pritchard, Mr. Clark, Doe, Mr. Anderson, John Doe, 2 and Chaplains Doe |
| 6:2018cv06105 |
| October 24, 2018 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| P K Holmes |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 21 TEXT ONLY ORDER denying #19 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. As Plaintiff requested the appointment of John Wesley Hall, the Court contacted this attorney and confirmed that there was no existing attorney-client relationship between Hall and Plaintiff. Signed by Honorable Barry A. Bryant on December 18, 2018. (klk) |
| Filing 20 MOTION for Preliminary Injunction by Happy Stompingbear. Motions referred to Barry A. Bryant.(hnc) |
| Filing 19 MOTION to Appoint Counsel by Happy Stompingbear. Motions referred to Barry A. Bryant.(hnc) |
| Filing 18 **DISREGARD PER CHAMBERS, ENTERED IN ERROR** TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District. For this reason, Plaintiff is directed to submit an Amended Complaint within 21 days of the date of this Order. The Clerk is directed to mail the Plaintiff a court-approved 1983 form.In the Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. 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 so, the allegations against that Defendant will be dismissed for failure to state a claim.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. You may not refer back to 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 deadline. CLERK TO FOLLOW UP Amended Complaint due by 12/6/2018. Signed by Honorable Barry A. Bryant on November 15, 2018. (klk) Modified on 11/15/2018 TO DISREGARD PER CHAMBERS (hnc). |
| Filing 17 **DISREGARD, FILED IN WRONG CASE** Magistrate Notice/Consent Form. (hnc) Modified on 11/15/2018 (hnc). |
| Filing 16 TEXT ONLY ORDER denying #15 Motion for Leave to Proceed in forma pauperis as MOOT. Plaintiff has already been granted IFP status in this case. (42:1983).. Signed by Honorable Barry A. Bryant on November 13, 2018. (klk) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis (42:1983) by Happy Stompingbear. Motions referred to Barry A. Bryant.(lw) |
| Filing 14 AMENDED COMPLAINT against defendants, filed by Happy Stompingbear. (Attachments: #1 Letter to Court)(lw) |
Filing 13
ORDER terminating 11 Order Regarding Complaint Deficiency and striking #10 Amended Complaint filed by Happy Stompingbear as set forth. Signed by Honorable Barry A. Bryant on November 9, 2018. (Attachments: #1 Exhibit)(lw)
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| Filing 12 TEXT ONLY ORDER denying #9 Motion for a Court Order directing the Arkansas Department of Correction to preserve all evidence related to Plaintiff's Complaint as premature. Defendants have not yet been served in the case and are therefore not subject to the Court's jurisdiction.. Signed by Honorable Barry A. Bryant on October 29, 2018. (klk) |
| Filing 11 ***TERMINATED, AS DIRECTED IN #13 ORDER***TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the First Amended Complaint, it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District. For this reason, Plaintiff is directed for the second time to submit an Amended Complaint within 21 days of the date of this Order. The Clerk is directed to mail the Plaintiff a court-approved 1983 form.In the Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. 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 so, the allegations against that Defendant will be dismissed for failure to state a claim.Plaintiff must clearly designate on the face of the document that it is a Second Amended Complaint. The Second Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. You may not refer back to any part of the original complaint. A Second 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 Second Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Second Amended Complaint to the Court by the deadline. CLERK TO FOLLOW UP Second Amended Complaint due by 11/19/2018. Signed by Honorable Barry A. Bryant on October 29, 2018. (klk) Modified on 11/9/2018 to add text(lw). |
| Filing 10 ***STRICKEN, AS DIRECTING IN #13 ORDER*** AMENDED COMPLAINT with Jury Demand against Marshall Reed, Pritchard, John Does 1-4 filed by Happy Stompingbear.(lw) Modified on 11/9/2018 to add text(lw). |
| Filing 9 MOTION for Order by Happy Stompingbear. Motions referred to Barry A. Bryant.(lw) |
| Filing 8 CLERK'S ORDER re PLRA Initial Fee directing ADC - Ouachita River Unit to collect from petitioner's prison account an initial partial filing fee of $17.17; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $ 350.00 filing fee is paid in full (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (hnc) |
| Filing 7 TEXT ONLY ORDER granting #6 Motion for Leave to Proceed in forma pauperis. Pursuant to the provisions of the Prison Litigation Reform Act, the clerk is directed to collect the $350.00 filing fee from the plaintiff.. Signed by Honorable Barry A. Bryant on October 29, 2018. (klk) |
| Filing 6 AMENDED MOTION for Leave to Proceed in forma pauperis by Happy Stompingbear. Motions referred to Barry A. Bryant.(lw) |
| Filing 5 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District. For this reason, Plaintiff is directed to submit an Amended Complaint within 21 days of the date of this Order. The Clerk is directed to mail the Plaintiff a court-approved 1983 form.In the Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. 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 so, the allegations against that Defendant will be dismissed for failure to state a claim.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. You may not refer back to 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 deadline. CLERK TO FOLLOW UP Amended Complaint due by 11/15/2018. Signed by Honorable Barry A. Bryant on October 25, 2018. (klk) |
| Filing 4 Magistrate Notice/Consent Form. (mjm) |
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Filing 3
ORDER that the matter has been provisionally filed as the undersigned finds that additional information is needed to rule on Plaintiff's IFP application. Specifically the Court requires the following information: An Updated IFP application. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 11/13/2018. Signed by Honorable Barry A. Bryant on October 24, 2018. (mjm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Happy Stompingbear. Motions referred to Barry A. Bryant.(mjm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Terrie Banister, Sharon Cantrell, Clark, Brian Cocknell, John and Jane Doe Classification Committee Members, John and Jane Doe Defendants(Varner Unit), John and Jane Doe Defendants(Tucker Unit), John and Jane Doe Policy Makers, John and Jane Doe Publication Committee Members, Marvin Evans, Faust, Gibson, Grant Harris, Henig, Hulk, Asa Hutchinson, Jackson, Jesse Jackson, Garry Jenkins, Pearlie Johnson, Wendy Kelley, Samuel Knight, Jada Lawrence, James Lowe, Joshua Mayfield, Tony McHan, Justine Minor, Steven Mitchell, Raymond Naylor, Dexter Payne, Marshall Reed, Rickens, Robinson, Teas, Unknown Liability Insurance Company, Keith Waddle, Warren Walker, Randall Watson, David White, Steven Williams, filed by Happy Stompingbear.(mjm) |
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