Weeks v. Stewart et al
| Paul Michael Weeks |
| Deputy Stewart, Rashad Nalls, Litzsey G Everett, Jr, J Lee, Thornsberry, Phillips, C Tillman, Gene Carol Ables, D Bassham, Curtis L Clark, CPT. Straughn, Jerrilynn Hasmon, Lt. Delaney, C Ray, Officer Hunter, Sigrist, Brad Hasley, Paul Walters, Caples, Deputy Jones, Nurse Ross, G Mogomary, Warden Golden, Cory Evans, Officer S. Johnson, Butrum, Dep Teel, Warden Byers, Corporal Scroggins, Lindsey Liggett, Dale Reed, Dexter Payne, Sergeant Wright, Doe, Warden Thomas W Hurst, Major Perry D. Arnold, Classification Offic McFadden, LT M Mosley, LT Neal, Captian Derrick L. Jones, SGT Quensheadra Smith, SGT Christie A. Simpson, SGT Kevin Demon Ridgell, SGT Lester C. Fausnight, C. Pennington, SGT Fredrick Gilbert, Dep Warden Brandon Davis, SGT Patricia Howell, Chief Dep Dir Marshall Dale Reed, Asst Director Rory L. Griffin, LT D. Brown, SGT Cockran, Nurse Rice, LPN M. Adam, RN Melissa Ann Smith, Connie Hubbard, Dep Director Aundrea F. Culelager, Franklin, LPN Christy Moder, Nurse Mongo and SGT Kemp |
| 6:2022cv06074 |
| June 30, 2022 |
| US District Court for the Western District of Arkansas |
| Hot Springs Office |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 18 TEXT ONLY ORDER denying #16 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 August 19, 2022. (klk) |
| Filing 17 Mail Returned as Undeliverable marked Out to Court. Mail originally sent to Paul Weeks at ADC Ouachita River Unit PO Box 1630 Malvern, AR. 72104 including 15 Order Regarding Complaint Deficiency - TEXT ONLY Staff Notes. No new address available. New Address due by 9/16/2022. (jlm) |
| Filing 16 MOTION to Appoint Counsel by Paul Michael Weeks. Motions referred to Barry A Bryant.(mjm) |
| Filing 15 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. Plaintiff has submitted a 124-page document with prohibited attachments for his First Amended Complaint. For this reason, Plaintiff is directed to submit a Second Amended Complaint within 21 days of the date of this Order. Plaintiff is ADVISED that he may submit his Second Amended Complaint using only the approved complaint form and NO MORE THAN 5 ADDITIONAL PAGES. Plaintiff may write only on the front of each page. As was explained on the form, Plaintiff may NOT submit any exhibits, affidavits, grievances, witness statements, or any other materials with his Complaint. The Clerk is DIRECTED to strike the additional materials filed with his First Amended Complaint from the docket and return them to Plaintiff. 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 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 any prior complaint. A Second Amended Complaint supersedes, or takes the place of, any prior Complaint. After amendment, the Court will treat all prior Complaints as nonexistent. Any cause of action that was raised in the any prior 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. CLERK TO FOLLOW UP Second Amended Complaint due by 8/26/2022. Signed by Honorable Barry A Bryant on August 5, 2022. (klk) |
| Filing 14 AMENDED COMPLAINT as to #1 Complaint against Paul Walters, Phillips, Stewart, C Ray, Straughn, Caples, Gene Carol Ables, Litzsey G Everett, Jr Terminating Byers (Warden, Ouachita River Unit, ADC), Caples (Sgt./Restrictive Housing, Ouachita River Unit, ADC), Curtis L Clark (Inmate Grievance Coordinator, Ouachita River Unit, ADC), Doe (Director of Medical and Health Services, ADC Admin. Director of Nursing and Medical), Cory Evans (Captain/Shift, Ouachita River Unit, ADC), Golden (Lt./Shift, Ouachita River Unit, ADC), Brad Hasley (ID #91220, Ouachita River Unit, ADC), Jerrilynn Hasmon (Classification Officer, Ouachita River Unit, ADC), Hunter (Correctional Sgt./SNU Side, Ouachita River Unit, ADC), S. Johnson (Captain/Shift, Ouachita River Unit, ADC), Jones (Nurse/RN, WellPath of Ark LLC), Jones (Sgt. (R-Housing), Ouachita River Unit, ADC), J Lee (Sgt./Correctional Sgt., Ouachita River Unit, ADC), Lindsey Liggett (RN, WellPath of Ark LLC), G Mogomary (Lt./Shift., Ouachita River Unit, ADC), Rashad Nalls (Lt., Ouachita River Unit, ADC), Dexter Payne (Director, ADC), Ross (Corporal (R-Housing), Ouachita River Unit, ADC), Scroggins (Correctional Sgt., Ouachita River Unit, ADC), Sigrist (Corporal, ID #94610, Ouachita River Unit, ADC), Teel (Captain/Shift, Ouachita River Unit, ADC), Thornsberry (Sgt./Correctional Sgt., Ouachita River Unit, ADC), C Tillman (Correctional Sgt./ Disciplinary Review Official, Ouachita River Unit, ADC), Wright (Corporal (R-Housing Officer), Ouachita River Unit, ADC), D Bassham (RN/Health Service Administrator, WellPath of Ark, LLC) and Butrum (Lt., Ouachita River Unit, ADC), filed by Paul Michael Weeks. Related document: #1 Complaint filed by Paul Michael Weeks. (Attachments: #1 Claim 1-4, #2 Claim 5-9)(jlm) |
| Filing 13 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 8/16/2022. Signed by Honorable Barry A Bryant on July 26, 2022. (klk) |
| Filing 12 TEXT ONLY ORDER denying #8 Motion to Appoint Counsel. Plaintiff has again requested appointment of counsel. Appointment of Counsel is made at the discretion of the Court. 28 U.S.C. Sec. 1915(e)(1). For the reasons stated in the Courts prior Order (ECF No. 10) this Motion for Appointment of Counsel is DENIED. Signed by Honorable Barry A Bryant on July 26, 2022. (klk) |
| Filing 11 CLERK'S ORDER re PLRA Initial Fee directing OUACHITA RIVER UNIT to collect from petitioner's prison account an initial partial filing fee of $13.45; 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) |
| Filing 10 TEXT ONLY ORDER denying #7 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, 2022. (klk) |
| Filing 9 TEXT ONLY ORDER granting #6 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 July 26, 2022. (klk) |
| Filing 8 SECOND MOTION to Appoint Counsel by Paul Michael Weeks. Motions referred to Barry A Bryant.(jlm) |
| Filing 7 MOTION to Appoint Counsel by Paul Michael Weeks. Motions referred to Barry A Bryant.(mjm) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis (42:1983) by Paul Michael Weeks. Motions referred to Barry A Bryant.(mjm) |
| Filing 5 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff failed to submit an in forma pauperis (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 7/27/2022. Signed by Honorable Barry A Bryant on July 6, 2022. (klk) |
| Filing 4 Magistrate Notice/Consent Form (cnn) |
| Filing 3 Case transferred in from District of Arkansas Eastern; Case Number 4:22-cv-00595. Docket sheet received. |
Filing 2
TRANSFER ORDER transferring this case immediately to the United States District Court for the Western District of Arkansas. Signed by Magistrate Judge J. Thomas Ray on 6/30/2022. (kdr) [Transferred from ared on 6/30/2022.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Arkansas Eastern. (cnn) |
| Filing 1 COMPLAINT against All Defendants, filed by Paul Michael Weeks.(kdr) [Transferred from ared on 6/30/2022.] |
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