Farmer v. Thompson et al
| Jesse L. Farmer |
| Tony C. Thompson, Jr., Officer Lowell, Sgt. Lovell and Lowell |
| 6:2020cv06022 |
| February 25, 2020 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 2, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 TEXT ONLY ORDER granting #15 Motion for Extension of Time to Amend. Plaintiff is given until May 8, 2020, to file an Amended Complaint. Failure to do so by the Court's deadline will result in the case being dismissed without prejudice. Signed by Honorable Barry A. Bryant on April 17, 2020. (mlf) |
| Filing 15 MOTION for Extension of Time to Amend #6 Amended Complaint by Jesse L. Farmer. Motions referred to Barry A. Bryant.(mjm) |
| Set/Reset Deadlines: Amended Complaint due by 5/8/2020 (hnc) |
| Filing 14 TEXT ONLY ORDER granting in part and denying in part #13 Motion to Appoint Counsel and Extension of Time to File Amended Complaint.Plaintiff's Motion to Appoint Counsel #13 is DENIED. 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. Plaintiff's request for an extension of time to file an Amended Complaint [13} is GRANTED. Plaintiff is given until April 17, 2020 to file Amended Complaint. Failure of Plaintiff to file an Amended Complaint by this deadline will result in the case being dismissed without prejudice.Signed by Honorable Barry A. Bryant on April 3, 2020. (mlf) |
| Reset Deadlines as ordered in Text Only Order 14: Amended Complaint due by 4/17/2020 (lw) |
| Filing 13 MOTION to Appoint Counsel by Jesse L. Farmer. Motions referred to Barry A. Bryant.(mjm) |
Filing 12
ORDER TO SHOW CAUSE - Show Cause Response due by 4/6/2020. Signed by Honorable Barry A. Bryant on March 26, 2020. (lw)
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| Filing 11 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 $17.37; 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 10 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. The Federal Rules of Civil Procedure require pleadings to be signed by a party or the attorney representing that party. Pursuant to Rule 11: [t]he court must strike an unsigned paper unless the omission is promptly corrected after being called to the attention of an attorney or party. Accordingly, the Clerk is DIRECTED to return a copy of the Complaint to the Plaintiff for his signature. In addition, Plaintiff's Amended Complaint is missing several pages. Plaintiff is DIRECTED to sign and date the complaint and add the missing pages and return it to the Court within 14 days from the entry of this order. The case shall be subject to dismissal if the Plaintiff fails to return the dated and signed complaint to the Court by the deadline. Amended Complaint due by 3/23/2020. Signed by Honorable Barry A. Bryant on March 9, 2020. (mlf) |
| Filing 9 TEXT ONLY ORDER finding as moot #2 Motion for Leave to Proceed in forma pauperis (42:1983). Signed by Honorable Barry A. Bryant on March 9, 2020. (mlf) |
| Filing 8 TEXT ONLY ORDER granting #7 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. (mlf) Signed by Honorable Barry A. Bryant on March 9, 2020. (mlf) |
| Filing 7 COMPLETED MOTION for Leave to Proceed in forma pauperis by Jesse L. Farmer. Motions referred to Barry A. Bryant.(lw) |
| Filing 6 AMENDED COMPLAINT with Jury Demand against Lowell, Tony C. Thompson, Jr, filed by Jesse L. Farmer.(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 3/18/2020. Signed by Honorable Barry A. Bryant on February 26, 2020. (klk) |
| Filing 4 Magistrate Notice/Consent Form (hnc) |
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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: two-page questionnaire. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Further DIRECTING that a/an Amended Complaint be filed, Amended Complaint due by 3/17/2020. Completed IFP due by 3/17/2020. Signed by Honorable Barry A. Bryant on February 25, 2020. (hnc)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Jesse L. Farmer. Motions referred to Barry A. Bryant.(hnc) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Lowell, Tony C. Thompson, Jr, filed by Jesse L. Farmer.(hnc) |
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