Burrow v. Correct Care Solution et al
| Joshua Heath Burrow |
| Omega Program, M Chapman, Correct Care Solution, LPN Kelly Aunspaugh, Sgt. Grooms, Kelly Ann Spaugh, Sgt. Strotter and Phillip Glover |
| 6:2019cv06033 |
| March 26, 2019 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Robert T Dawson |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 NOTICE of Change of Address for Joshua Burrow. There are no documents to resend. (hnc) |
| Filing 11 TEXT ONLY ORDER denying #10 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 Barry A. Bryant on June 11, 2019. (klk) |
| Filing 10 MOTION to Appoint Counsel by Joshua Heath Burrow. Motions referred to Barry A. Bryant.(lw) |
| Filing 9 AMENDED COMPLAINT against Kelly Ann Spaugh, Phillip Glover, Correct Care Solution, Strotter, Grooms, Omega Program filed by Joshua Heath Burrow.(lw) |
| Filing 8 CLERK'S ORDER re PLRA Fee directing ADC-Barbara Ester Unit 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (mjm) |
| Filing 7 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 4/17/2019. Signed by Honorable Barry A. Bryant on March 27, 2019. (klk) |
| Filing 6 TEXT ONLY ORDER granting #1 Motion for Leave to Proceed in forma pauperis. The application to proceed IFP is GRANTED. Pursuant to the provisions of the Prison Litigation Reform Act, the clerk is directed to collect the $350.00 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, he shall have 30 days from the date of transfer in which to notify the Court of his 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. Plaintiffs case shall be subject to dismissal if he fails to inform the Court of an address change. Signed by Honorable Barry A. Bryant on March 27, 2019. (klk) |
| Filing 5 Magistrate Notice/Consent Form. (lw) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:19-cv-00189. Docket sheet received. |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (lw) |
| MOTIONS REFERRED: #1 MOTION for Leave to Proceed in forma pauperis. Motions referred to Honorable Barry A. Bryant.(lw) |
Filing 3
ORDER that the Clerk is directed to immediately transfer this case to the USDC for the W/D of Arkansas, Hot Springs Division. Signed by Magistrate Judge Joe J. Volpe on 3/25/2019. (lej) [Transferred from ared on 3/26/2019.]
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| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Joshua Heath Burrow. (llg) [Transferred from ared on 3/26/2019.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Joshua Heath Burrow. (llg) [Transferred from ared on 3/26/2019.] |
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