Beard v. Johnson et al
| Scott Wayne Beard |
| Nurse Belinda Johnson, Pharmacy Technician John Doe, Pharmacy Owner John Doe, Chief Deputy Steven Elrod, DR. Miss Kendra and Jane and John Doe |
| 6:2021cv06134 |
| October 8, 2021 |
| US District Court for the Western District of Arkansas |
| Robert T Dawson |
| Mark E Ford |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 10 TEXT ONLY ORDER denying #9 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 Mark E. Ford on November 29, 2021. (klk) |
| Filing 9 MOTION to Appoint Counsel by Scott Wayne Beard. Motions referred to Mark E. Ford.(jlm) |
| Filing 8 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Steven Elrod, Belinda Johnson, Miss Kendra and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #3 Magistrate Notice/Consent Form, #1 Complaint Referred (42:1983), #7 Order Directing Service. (jlm) |
Filing 7
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Steven Elrod, Belinda Johnson, Miss Kendra and granting 21 days to answer. Signed by Honorable Mark E. Ford on November 9, 2021. (cc: U.S. Marshals Service-Certified).(jlm)
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| Filing 6 ***DISREGARD, filed in incorrect case*** NOTICE OF DIRECT ASSIGNMENT TO A U.S. MAGISTRATE JUDGE. This case has been assigned to a U.S. Magistrate Judge to conduct all proceedings and for entry of a final judgment. You must file the attached form memorializing consent or requesting reassignment to a District Judge within fourteen (14) days. Consent or Reassignment form due by 10/22/2021. (Attachments: #1 Consent/Reassignment Form)(jlm) Modified on 10/12/2021 to disregard (mjm). |
| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Garland County Detention Center to collect from petitioner's prison account an initial partial filing fee of $5.96; 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: Garland County Detention Center). (jlm) |
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Filing 4
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. Signed by Honorable Barry A. Bryant on October 8, 2021. (jlm)
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| Filing 3 Magistrate Notice/Consent Form (jlm) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Scott Wayne Beard. Motions referred to Mark E. Ford.(jlm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Jane and John Doe, John Doe(Contractor GCDC), Steven Elrod, Belinda Johnson, Miss Kendra, filed by Scott Wayne Beard.(jlm) |
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