Muhammad v. Monroe et al
| Michael Perry Muhammad |
| Nurse Wilson, Ms. Shiah Don, Nurse Monroe, Nurse Peacock, Dr. Daniels, Nurse Smith, Ms. Dream Young, Nurse Cook, Ms. Conly, Nurse Witmore, Nurse Dunavan, Dr. Henry, Dr. Seamster, Nurse Collins and Nurse Lambright |
| 6:2021cv06096 |
| June 4, 2021 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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| Filing 25 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Dream Young and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #24 Order, #1 Complaint Referred (42:1983), #5 Magistrate Notice/Consent Form. (jlm) |
| Filing 24 THIS DOCUMENT IS RESTRICTED TO COURT USERS AND COUNSEL OF RECORD FOR A SPECIFIC CASE PARTICIPANT. RESTRICTED ORDER. Signed by Honorable Barry A. Bryant on July 30, 2021. (jlm) |
| Filing 23 TEXT ONLY ORDER denying #21 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 July 26, 2021. (klk) |
| Filing 22 RESPONSE by Michael Perry Muhammad re 16 Order to Provide Service Information. (jlm) |
| Filing 21 MOTION to Appoint Counsel by Michael Perry Muhammad. Motions referred to Barry A. Bryant.(jlm) |
| TEXT ONLY CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Defendant Lambright. 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: Kirkman T. Dougherty. (mjm) |
| Filing 20 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED DOCUMENT by Daniels, Henry, Lambright, Monroe. An Order was entered on 6/7/2021 allowing the document(s) to be filed under seal. This docket entry is related to #6 Order Directing Service. (Almefty, Kynda) |
| Filing 19 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Dream Young and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #18 Order Directing Service, #1 Complaint Referred (42:1983), #5 Magistrate Notice/Consent Form. (mjm) (Main Document 19 replaced on 7/9/2021) (mjm). |
Filing 18
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Dream Young and granting 21 days to answer. Signed by Honorable Barry A. Bryant on July 9, 2021. (cc: U.S. Marshals Service-Certified).(mjm) (Main Document 18 replaced on 7/9/2021) (mjm).
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| Filing 17 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Lambright.(Almefty, Kynda) |
| Filing 16 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 Nurse Collins, Nurse Wilson, and Nurse Smith have been returned unexecuted because their surnnames are common. Plaintiff is therefore ordered to provide the Court with an additional address or identifying information to use in serving Defendant Nurse Collins, Nurse Wilson, and Nurse Smith no later than 21 days from the entry of this order. If the Plaintiff fails to provide the additional information by the deadline, Defendant Nurse Collins, Nurse Wilson, and Nurse Smith will be dismissed as a party from this case. Information for Service due by 7/30/2021. Signed by Honorable Barry A. Bryant on July 9, 2021. (klk) |
| Filing 15 SUMMONS Returned Executed by Michael Perry Muhammad. Daniels served on 6/14/2021, answer due 7/6/2021; Henry served on 6/14/2021, answer due 7/6/2021; Monroe served on 6/14/2021, answer due 7/6/2021; Dream Young served on 6/14/2021, answer due 7/6/2021. (mjm) |
| Filing 14 SUMMONS Returned Executed by Michael Perry Muhammad. Collins served on 6/11/2021, answer due 7/2/2021; Lambright served on 6/11/2021, answer due 7/2/2021; Smith served on 6/11/2021, answer due 7/2/2021; Wilson served on 6/11/2021, answer due 7/2/2021. (mjm) |
| TEXT ONLY CLERK'S NOTICE re Multiple Attorneys Listed on Pleading directed to Defendants Daniels, Henry, Monroe. Answer to Complaint Referred (42:1983) #12 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: Kirkman T. Dougherty. (mjm) |
| Filing 13 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.SEALED DOCUMENT by Daniels, Henry, Monroe. An Order was entered on 6/7/2021 allowing the document(s) to be filed under seal. This docket entry is related to #6 Order Directing Service. (Almefty, Kynda) |
| Filing 12 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Daniels, Henry, Monroe.(Almefty, Kynda) |
| Filing 11 TEXT ONLY ORDER denying #9 Motion to Compel. Pursuant to the Federal Rules of Civil Procedure, once Defendants have been served, Plaintiff must then submit his discovery request to Defendant(s) and allow Defendant(s) thirty (30) days to respond to such requests. Fed. R. Civ. P. 33-34. If Defendant(s) fail to respond to any discovery requests within the thirty (30) day period, Plaintiff must then confer or attempt to confer with the Defendant(s) in a good faith effort to obtain the requested information before seeking court intervention. Fed. R. Civ. P. 37(a)(3)(B) and Local Rule 7.2(g). Plaintiff failed to show he made any effort to confer with Defendant(s) before filing this Motion to Compel. Plaintiff should send a letter to defense counsel and state exactly what information he is seeking and try to resolve any discovery disputes before filing a motion to compel with the Court. Defense counsel, in turn, should fully comply with the obligations of discovery or state a clear explanation for noncompliance. If this effort does not produce the information Plaintiff seeks, he may then reassert his Motion to Compel. Signed by Honorable Barry A. Bryant on July 1, 2021. (klk) |
| Filing 10 TEXT ONLY ORDER denying #8 Motion for Default Judgment as PREMATURE. There are no executed summons filed in the docket at this time.. Signed by Honorable Barry A. Bryant on July 1, 2021. (klk) Modified on 7/1/2021 to add text (mjm). |
| Filing 9 MOTION to Compel by Michael Perry Muhammad. Motions referred to Barry A. Bryant.(mjm) |
| Filing 8 MOTION for Default Judgment by Michael Perry Muhammad. (mjm) Modified on 7/1/2021 to correct event type (mjm). |
| Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Collins, Daniels, Henry, Lambright, Monroe, Smith, Wilson, Dream Young and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred (42:1983), #6 Order Directing Service, #5 Magistrate Notice/Consent Form. (mjm) |
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Filing 6
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Collins, Daniels, Henry, Lambright, Monroe, Smith, Wilson, Dream Young and granting 21 days to answer. Signed by Honorable Barry A. Bryant on June 7, 2021. (cc: U.S. Marshals Service-Certified).(mjm)
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| Filing 5 Magistrate Notice/Consent Form. (mjm) |
| Filing 4 CLERK'S ORDER re PLRA Initial Fee directing ADC-Tucker Maximum Security Unit to collect from petitioner's prison account an initial partial filing fee of $7.52; 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). (mjm) |
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Filing 3
ORDER granting #2 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. Further, The Clerk is DIRECTED to sever from this case the claims against Defendants Ms. Conly, Dr. Seamster, Ms. Shiah, Nurse Witmore, Nurse Cook, Nurse Peacock and Nurse Dunavan. These Defendants should be terminated in this case. The Clerk is DIRECTED to open a new case with these individuals listed as Defendants and immediately transfer to the Eastern District of Arkansas, Central Division. Signed by Honorable Barry A. Bryant on June 4, 2021. (mjm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Michael Perry Muhammad. Motions referred to Barry A. Bryant.(mjm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Collins, Conly, Cook, Daniels, Shiah Don, Dunavan, Henry, Lambright, Monroe, Peacock, Seamster, Smith, Wilson, Witmore, Dream Young, filed by Michael Perry Muhammad.(mjm) |
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