White v. Spell et al
| Buddy Lynn White |
| Sergeant Spell, Superintendent Byers and Ms. Vicky Rawlins |
| 6:2022cv06037 |
| April 7, 2022 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 SUMMONS Returned Executed by Buddy Lynn White. Byers served on 5/16/2022, answer due 6/6/2022; Vicky Rawlins served on 5/16/2022, answer due 6/6/2022; Spell served on 5/17/2022, answer due 6/7/2022. (mjm) (Additional attachment(s) added on 5/20/2022: #1 Unredacted Service Documents) (mjm). |
| Filing 13 TEXT ONLY ORDER denying #12 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 May 17, 2022. (klk) |
| Filing 12 MOTION to Appoint Counsel by Buddy Lynn White. Motions referred to Barry A Bryant.(jlm) |
| Filing 11 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Byers, Vicky Rawlins, Spell and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #9 Amended Complaint, #5 Magistrate Notice/Consent Form. (mjm) |
Filing 10
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Byers, Vicky Rawlins, Spell and granting 21 days to answer. Signed by Honorable Barry A Bryant on April 28, 2022. (cc: U.S. Marshals Service-Certified).(mjm)
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| Filing 9 AMENDED COMPLAINT with Jury Demand as to #1 Complaint Referred (42:1983) against Vicky Rawlins, Byers, Spell, filed by Buddy Lynn White. Related document: #1 Complaint Referred (42:1983) filed by Buddy Lynn White.(mjm) |
| Filing 8 AFFIDAVIT filed by Buddy Lynn White re #6 MOTION for Injunction or Relief. (mjm) |
| Filing 7 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that Plaintiff attached 8 pages of free form narrative to the end of his Complaint, despite being advised that he was permitted to attach no more than one additional sheet of paper to the form for each claim. 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 5/11/2022. Signed by Honorable Barry A Bryant on April 20, 2022. (klk) |
| Filing 6 MOTION for Injunction or Relief by Buddy Lynn White. Motions referred to Barry A Bryant.(mjm) |
| Filing 5 Magistrate Notice/Consent Form. (mjm) |
| Filing 4 CLERK'S ORDER re PLRA Initial Fee directing ADC - VARNER UNIT to collect from petitioner's prison account an initial partial filing fee of $17.83; 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. Signed by Honorable Barry A Bryant on April 7, 2022. (mjm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Buddy Lynn White. Motions referred to Barry A Bryant.(mjm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Byers, Vicky Rawlins, Spell, filed by Buddy Lynn White.(mjm) |
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