Lax v. Does
Plaintiff: Ryan N Lax
Defendant: Does "Head Nurse/WellPath or Turnkey Medical", "Head Nurse", "Jail Administrator", Garland County Detention Center, Sgt. Sharon Branstetter, Does Head Nurse/WellPath or Turnkey Medical; Head Nurse and Deputies John Does
Case Number: 6:2022cv06026
Filed: February 28, 2022
Court: US District Court for the Western District of Arkansas
Office: Hot Springs Office
Presiding Judge: Robert T Dawson
Referring Judge: Mark E Ford
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 27, 2022 Filing 18 SUMMONS Returned Executed by Ryan Lax. Sharon Branstetter served on 4/18/2022, answer due 5/9/2022. (jlm)
April 6, 2022 TEXT ONLY AMENDED COMPLAINT as to #15 SECOND Amended Complaint against Sharon Branstetter, filed by Ryan N Lax. Related document: #15 Amended Complaint filed by Ryan N Lax. ** THIS EVENT WAS FILED TO CORRECTLY ALIGN PARTIES ON DOCKET SHEET **(hnc)
April 6, 2022 Filing 17 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Sharon Branstetter and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #16 Order Directing Service, #5 Magistrate Notice/Consent Form, #15 Amended Complaint. (jlm)
April 6, 2022 Opinion or Order Filing 16 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Sharon Branstetter and granting 21 days to answer. Signed by Honorable Mark E. Ford on April 6, 2022. (cc: U.S. Marshals Service-Certified).(jlm)
March 23, 2022 Filing 15 SECOND AMENDED COMPLAINT as to #8 Amended Complaint against All Defendants, filed by Ryan N Lax. Related document: #8 Amended Complaint filed by Ryan N Lax.(jlm)
March 14, 2022 Filing 14 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Amended Complaint, it is determined that the Plaintiff did not submit the complaint on the COMPLETE court-approved form for this District. For this reason, Plaintiff is directed to submit a Second 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 Second 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 SUBMIT EACH SHEET OF THE COURT APPROVED FORM -- AND MAY MARK THROUGH ANY PAGES NOT NEEDED FOR HIS CLAIMS. Plaintiff must clearly designate on the face of the document that it is a Second Amended Complaint. The Second 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 Second 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 Second Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Second Amended Complaint to the Court by the deadline. Second Amended Complaint due April 4, 2022. Signed by Honorable Mark E. Ford on March 14, 2022. (cpg)
March 14, 2022 Filing 13 CLERK'S ORDER re PLRA Initial Fee directing ADC to collect from petitioner's prison account an initial partial filing fee of $21.30; 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). (jlm)
March 14, 2022 Filing 12 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 March 14, 2022. (cpg)
March 14, 2022 Filing 11 TEXT ONLY ORDER granting #10 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; finding as moot #1 Motion for Leave to Proceed in forma pauperis (42:1983).
March 14, 2022 Set Deadlines: Second Amended Complaint due by 4/4/2022. (hnc)
March 11, 2022 Filing 10 MOTION for Leave to Proceed in forma pauperis (42:1983) by Ryan N Lax. Motions referred to Mark E. Ford.(jlm)
March 11, 2022 Filing 9 MOTION to Appoint Counsel by Ryan N Lax. Motions referred to Mark E. Ford.(jlm)
March 11, 2022 Filing 8 AMENDED COMPLAINT as to #2 Complaint against Does, John Does, Jane Does, filed by Ryan N Lax. Related document: #2 Complaint filed by Ryan N Lax.(jlm)
February 28, 2022 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 3/21/2022. Signed by Honorable Mark E. Ford on February 28, 2022. (klk)
February 28, 2022 Filing 6 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, he failed to have the certification regarding inmate funds held in his name completed for the IFP application. For this reason, the Clerk is directed to send Plaintiff a blank Prisoner IFP Application. Plaintiff is given 21 days from the date of this Order to either have the certificate portion of the IFP application completed by the appropriate detention center official and return the application to the Court for review and filing or pay the 350.00 dollar filing fee and 52.00 dollar administrative fee, a total of 402.00 dollars. This case shall be subject to dismissal for failure to obey an order of the Court if Plaintiff fails to return the completed IFP application or pay the 402.00 dollar filing fee by the deadline. CLERK TO FOLLOW UP Completed IFP due by 3/21/2022. Signed by Honorable Mark E. Ford on February 28, 2022. (klk)
February 28, 2022 Filing 5 Magistrate Notice/Consent Form. (mjm)
February 28, 2022 Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:22-cv-00182. Docket sheet received.
February 28, 2022 Opinion or Order Filing 3 ORDER directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the United States District Court for the Western District of Arkansas. Signed by Judge James M. Moody Jr. on 02/28/2022. (llg) [Transferred from ared on 2/28/2022.]
February 28, 2022 TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (mjm)
February 28, 2022 MOTIONS REFERRED to Honorable Mark E. Ford: #1 MOTION for Leave to Proceed in forma pauperis filed by Ryan N Lax. Motions referred to Honorable Mark E. Ford.(mjm)
February 25, 2022 Filing 2 COMPLAINT against Does filed by Ryan N Lax. (llg) [Transferred from ared on 2/28/2022.]
February 25, 2022 Filing 1 MOTION for Leave to Proceed in forma pauperis (42:1983) by Ryan N Lax. (llg) [Transferred from ared on 2/28/2022.]

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Plaintiff: Ryan N Lax
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Defendant: Does "Head Nurse/WellPath or Turnkey Medical", "Head Nurse", "Jail Administrator", Garland County Detention Center
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Defendant: Sgt. Sharon Branstetter
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Defendant: Does Head Nurse/WellPath or Turnkey Medical; Head Nurse
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Defendant: Deputies John Does
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