Nesbit v. McCormick et al

Plaintiff: Chad Nesbit
Defendant: Sheriff Mike McCormick, Nurse M. Jarrett, Deputy Curtis, Corporal Donahue, Mike Kelly and Captain R. Halverson
Case Number: 6:2019cv06032
Filed: March 21, 2019
Court: US District Court for the Western District of Arkansas
Presiding Judge: Mark E Ford
Referring Judge: Susan O Hickey
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Defendant

Docket Report

This docket was last retrieved on June 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 11, 2019 Filing 21 INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 11/8/2019. Signed by Honorable Mark E. Ford on June 11, 2019. (djm)
June 7, 2019 Filing 20 NOTICE of Appearance by Quinten Johnson Whiteside on behalf of M. Jarrett. (Whiteside, Quinten)
June 7, 2019 Filing 19 TEXT ONLY ORDER Directed to Plaintiff to Provide Information to Serve Defendant(s). It is the responsibility of the Plaintiff to provide the Court with an address for proper service on the Defendants. See Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993). Summons to Defendant Mike Kelly has been returned unexecuted, stating he has never been an employee of Southwest Correctional Medical Group. Plaintiff is therefore ordered to provide the Court with an additional address or identifying information to use in serving Defendant Mike Kelly no later than 21 days from the entry of this order. If the Plaintiff fails to provide the additional information by the deadline, Defendant Mike Kelly will be dismissed as a party from this case. Information for Service due by 6/28/2019. Signed by Honorable Mark E. Ford on June 7, 2019. (klk)
June 7, 2019 TEXT ONLY CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Defendant M. Jarrett. Answer to Complaint Referred (42:1983) #17 lists multiple attorneys appearing for the filer. The following attorney, who did not sign the pleading, must enter a separate Notice of Appearance in order to receive electronic notification of future activity in the case: Quinten J. Whiteside. (mjm)
June 6, 2019 Filing 18 RESPONSE by M. Jarrett re #10 Order Directing Service AND NOTICE TO COURT. (Tucker, Carson)
June 6, 2019 Filing 17 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by M. Jarrett.(Tucker, Carson)
May 31, 2019 Filing 16 SUMMONS Returned Executed by Chad Nesbit. Curtis served on 5/23/2019, answer due 6/13/2019; Donahue served on 5/23/2019, answer due 6/13/2019; R. Halverson served on 5/23/2019, answer due 6/13/2019. (hnc)
May 30, 2019 Filing 15 SUMMONS Returned Executed by Chad Nesbit. Southwest Medical Group c/o Registered Agent CT Corporation System for M. Jarrett and Mike Kelly served on 05/20/2019. Answer due set in document #13 .(mjm)
May 30, 2019 Filing 14 ANSWER to #1 Complaint Referred (42:1983) by Curtis, Donahue, R. Halverson, Mike McCormick.(Hays, Caroline)
May 23, 2019 Filing 13 SUMMONS Returned Executed by Chad Nesbit. Southwest Medical Group c/o Carson Tucker, Wright Lindsey Jennings, LLP for M. Jarrett served on 5/20/2019, answer due 6/10/2019 and for Mike Kelly served on 5/20/2019, answer due 6/10/2019. (mjm) Modified on 5/30/2019 to add text (mjm).
May 21, 2019 Filing 12 SUMMONS Returned Executed by Chad Nesbit. Mike McCormick served on 5/17/2019, answer due 6/7/2019. (mjm)
May 7, 2019 Filing 11 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Curtis, Donahue, R. Halverson, M. Jarrett, Mike Kelly, Mike McCormick and USM285 Forms Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred (42:1983), #4 Magistrate Notice/Consent Form, #10 Order Directing Service. (hnc)
May 7, 2019 Opinion or Order Filing 10 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Curtis, Donahue, R. Halverson, M. Jarrett, Mike Kelly, Mike McCormick and granting 21 days to answer. Signed by Honorable Mark E. Ford on May 7, 2019. (cc: U.S. Marshals Service-Certified).(hnc)
April 8, 2019 Filing 9 TEXT ONLY ORDER denying #8 Motion to Appoint Counsel. Plaintiff requested appointment of the law firm of Morgan and Morgan, but provided no contact information for the firm. A search conducted by the Court indicated the firm is based in Orlando, Florida. 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 April 8, 2019. (klk)
April 5, 2019 Filing 8 MOTION to Appoint Counsel by Chad Nesbit. Motions referred to Mark E. Ford.(tg)
March 29, 2019 Filing 7 CLERK'S ORDER re PLRA Initial Fee directing ADC North Central Unit to collect from petitioner's prison account an initial partial filing fee of $50.00; 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)
March 29, 2019 Filing 6 TEXT ONLY ORDER granting #5 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 Mark E. Ford on March 29, 2019. (klk)
March 28, 2019 Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Chad Nesbit. Motions referred to Mark E. Ford.(tg)
March 21, 2019 Filing 4 Magistrate Notice/Consent Form. (lw)
March 21, 2019 Opinion or Order 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: completed account certificate. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 4/10/2019. Signed by Honorable Barry A. Bryant on March 21, 2019. (lw)
March 21, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Chad Nesbit. Motions referred to Mark E. Ford.(lw) (lw).
March 21, 2019 Filing 1 COMPLAINT REFERRED (42:1983) against Curtis, Donahue, R. Halverson, M. Jarrett, Mike Kelly, Mike McCormick, filed by Chad Nesbit.(lw)

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Defendant: Sheriff Mike McCormick
Represented By: Caroline Virginia Hays
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Defendant: Nurse M. Jarrett
Represented By: Quinten Johnson Whiteside
Represented By: Carson Tucker
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Defendant: Deputy Curtis
Represented By: Caroline Virginia Hays
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Defendant: Corporal Donahue
Represented By: Caroline Virginia Hays
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Defendant: Mike Kelly
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Defendant: Captain R. Halverson
Represented By: Caroline Virginia Hays
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Plaintiff: Chad Nesbit
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