Walton v. Voss et al
Plaintiff: Marcus Dawyne Walton
Defendant: Dr. John Doe, B Lewis, Dillion R Voss, Nurse Harris, Harris and Sergeant Robert Franklin
Case Number: 6:2020cv06033
Filed: March 20, 2020
Court: US District Court for the Western District of Arkansas
Presiding Judge: Barry A Bryant
Referring Judge: Susan O Hickey
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2020 Filing 26 RESPONSE IN OPPOSITION TO Motion re #20 MOTION for Preliminary Injunction filed by Robert Franklin, Harris, B Lewis, Dillion R Voss. (Attachments: #1 Exhibit Declaration and attached Exhibits)(Mosley, Michael)
May 18, 2020 Filing 25 ADDENDUM/Supplement by Marcus Dawyne Walton to #13 Second Amended Complaint. (src)
May 18, 2020 Filing 24 RESPONSE to Dismissal of Preliminary Injuction by Marcus Dawyne Walton re #21 Response to Motion. (src)
May 18, 2020 Filing 23 RESPONSE to Defenses and Dismissals by Marcus Dawyne Walton re #19 Answer to Amended Complaint. (src)
May 11, 2020 Filing 22 MEMORANDUM BRIEF in Support of #21 Response to Motion by Robert Franklin, Harris, B Lewis, Dillion R Voss. (Mosley, Michael)
May 11, 2020 Filing 21 RESPONSE IN OPPOSITION TO Motion re #10 MOTION for Preliminary Injunction filed by Robert Franklin, Harris, B Lewis, Dillion R Voss. (Attachments: #1 Exhibit A1-Relevant Medical Records)(Mosley, Michael)
May 7, 2020 Filing 20 MOTION for Preliminary Injunction by Marcus Dawyne Walton. Motions referred to Barry A. Bryant.(src)
May 7, 2020 Filing 19 ANSWER to #13 Amended Complaint with Jury Demand by Robert Franklin, Harris, B Lewis, Dillion R Voss.(Mosley, Michael)
May 7, 2020 Filing 18 NOTICE of Appearance by Michael A. Mosley on behalf of Robert Franklin, Harris, B Lewis, Dillion R Voss. (Mosley, Michael)
May 5, 2020 Filing 17 SUMMONS Returned Executed by Marcus Dawyne Walton. Robert Franklin served on 4/30/2020, answer due 5/21/2020; Harris served on 4/30/2020, answer due 5/21/2020; B Lewis served on 4/30/2020, answer due 5/21/2020; Dillion R Voss served on 4/30/2020, answer due 5/21/2020. (hnc)
May 1, 2020 Filing 16 SUPPLEMENT by Plaintiff Marcus Dawyne Walton to #10 MOTION for Preliminary Injunction. (mjm)
April 27, 2020 Filing 15 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Robert Franklin, Harris, B Lewis, Dillion R Voss and USM285 Forms Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #14 Order Directing Service, #5 Magistrate Notice/Consent Form, #13 Amended Complaint, #10 MOTION for Preliminary Injunction. (hnc)
April 27, 2020 Opinion or Order Filing 14 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Robert Franklin, Harris, B Lewis, Dillion R Voss and granting 21 days to answer. Signed by Honorable Barry A. Bryant on April 27, 2020. (hnc)
April 22, 2020 Filing 13 SECOND AMENDED COMPLAINT with Jury Demand as to #9 Amended Complaint against Harris, B Lewis, Dillion R Voss, Robert Franklin, filed by Marcus Dawyne Walton. Related document: #9 Amended Complaint filed by Marcus Dawyne Walton.(lgd)
April 14, 2020 Opinion or Order Filing 12 ORDER DIRECTING that a Second Amended Complaint be filed. Second Amended Complaint due by 5/5/2020. Signed by Honorable Barry A. Bryant on April 14, 2020. (hnc)
April 1, 2020 Filing 11 BRIEF in Support of #10 MOTION for Preliminary Injunction by Marcus Dawyne Walton. (Attachments: #1 Proposed Order)(src)
April 1, 2020 Filing 10 MOTION for Preliminary Injunction by Marcus Dawyne Walton. Motions referred to Barry A. Bryant.(src)
April 1, 2020 Filing 9 FIRST AMENDED COMPLAINT with Jury Demand as to #2 Complaint against Harris, B Lewis, Dillion R Voss, Robert Franklin, filed by Marcus Dawyne Walton. Related document: #2 Complaint filed by Marcus Dawyne Walton.(lgd)
March 20, 2020 Filing 8 CLERK'S ORDER re PLRA Fee directing WARDEN - ADC - VARNER 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)
March 20, 2020 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 4/10/2020. Signed by Honorable Barry A. Bryant on March 20, 2020. (klk)
March 20, 2020 Filing 6 TEXT ONLY ORDER granting #1 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 March 20, 2020. (klk)
March 20, 2020 Filing 5 Magistrate Notice/Consent Form (hnc)
March 20, 2020 Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:20-cv-00263. Docket sheet received.
March 20, 2020 TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (hnc)
March 20, 2020 MOTIONS REFERRED to Honorable Barry A. Bryant: #1 MOTION for Leave to Proceed in forma pauperis (42:1983) filed by Marcus Dawyne Walton. Motions referred to Honorable Barry A. Bryant.(hnc)
March 19, 2020 Opinion or Order Filing 3 ORDER directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the Western District of Arkansas. Signed by Magistrate Judge Jerome T. Kearney on 03/19/2020. (ajt) [Transferred from ared on 3/20/2020.]
March 11, 2020 Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Marcus Dawyne Walton. (ljb) [Transferred from ared on 3/20/2020.]
March 11, 2020 Filing 1 MOTION for Leave to Proceed in forma pauperis (42:1983) by Marcus Dawyne Walton. (ljb) [Transferred from ared on 3/20/2020.] Modified event type on 3/20/2020 (hnc).

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Plaintiff: Marcus Dawyne Walton
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Defendant: Dr. John Doe
Represented By: Michael A. Mosley
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Defendant: B Lewis
Represented By: Michael A. Mosley
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Defendant: Dillion R Voss
Represented By: Michael A. Mosley
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Defendant: Nurse Harris
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Defendant: Harris
Represented By: Michael A. Mosley
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Defendant: Sergeant Robert Franklin
Represented By: Michael A. Mosley
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