Elder v. Smith et al
| Lyndon Elder |
| J Smith, Nevada County, AR, Doe Hot Springs Police Officers 1-5, Doe Chief of Police and Doe K9 Program Supervisor |
| 6:2022cv06105 |
| September 23, 2022 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 23 TEXT ONLY ORDER regarding ECF No. 22, which Plaintiff has labelled incorrectly as a Notice to the Court. This Notice is a request to Amend his Complaint to add a Defendant. Because this Motion to Amend has not been filed in accordance with the Local Rules of Civil Procedure, it is DENIED. Plaintiff is ADVISED that he must comply with the substantive and procedural rules of Court. Signed by Honorable Barry A Bryant on November 8, 2022. (klk) |
| Filing 22 NOTICE to Court by Lyndon Elder (jlm) |
| Filing 21 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to J Smith and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #20 Order Directing Service, #18 Amended Complaint, #9 Magistrate Notice/Consent Form. (jlm) (Main Document 21 replaced on 11/3/2022) (jlm). |
Filing 20
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE J Smith and granting 21 days to answer. Signed by Honorable Barry A Bryant on November 2, 2022. (cc: U.S. Marshals Service-Certified).(jlm)
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| Filing 19 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Lyndon Elder re 16 AND 17 TEXT ONLY ORDERS on Motion for Miscellaneous Relief. (cnn) |
| Filing 18 AMENDED COMPLAINT with Jury Demand as to #2 Complaint against Doe K9 Program Supervisor, Doe Chief of Police, J Smith, Doe Hot Springs Police Officers 1-5, filed by Lyndon Elder. Related document: #2 Complaint filed by Lyndon Elder.(mjm) |
| Filing 17 TEXT ONLY ORDER denying #15 Motion for Court to Locate Persons for Testimony. The Court does not provide research or investigative services for any party in a case, including a pro se Plaintiff. Signed by Honorable Barry A Bryant on October 13, 2022. (klk) |
| Filing 16 TEXT ONLY ORDER denying #14 Motion for Court Order for Information from Defendants. Plaintiff may seek this information using the case discovery process once his case has been screened and served. Signed by Honorable Barry A Bryant on October 13, 2022. (klk) |
| Filing 15 MOTION for Court to Locate Persons for Testimony by Lyndon Elder. Motions referred to Barry A Bryant.(mjm) |
| Filing 14 MOTION for Court Order for Information by Lyndon Elder. Motions referred to Barry A Bryant.(mjm) |
| Filing 13 CLERK'S ORDER re PLRA Fee directing ADC - Delta Regional Unit to collect from petitioner's prison account monthly payments 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) |
| Filing 12 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 10/17/2022. Signed by Honorable Barry A Bryant on September 26, 2022. (klk) |
| Filing 11 TEXT ONLY ORDER denying #3 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 September 26, 2022. (klk) |
| Filing 10 TEXT ONLY ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Pursuant to the provisions of the Prison Litigation Reform Act, the clerk is directed to collect the $350.00 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, he shall have 30 days from the date of transfer in which to notify the Court of his 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. Plaintiff's case shall be subject to dismissal if he fails to inform the Court of an address change. Signed by Honorable Barry A Bryant on September 26, 2022. (klk) |
| Filing 9 Magistrate Notice/Consent Form. (mjm) |
| Filing 8 Case transferred in from District of Arkansas Eastern; Case Number 4:22-cv-00854. Docket sheet received. |
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Filing 7
ORDER directing the Clerk of the Court to immediately transfer Elder's entire case file to the United States District Court for the Western District of Arkansas. Signed by Judge James M. Moody Jr. on 09/23/2022. (llg) [Transferred from ared on 9/23/2022.]
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| MOTIONS REFERRED to Honorable Barry A. Bryant: #3 MOTION to Appoint Counsel filed by Lyndon Elder, #1 MOTION for Leave to Proceed in forma pauperis filed by Lyndon Elder. Motions referred to Honorable Barry A Bryant.(mjm) |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (mjm) |
| Filing 6 NOTICE of Correction re #5 Notice by Lyndon Elder. (llg) [Transferred from ared on 9/23/2022.] |
| Filing 5 NOTICE to the Court by Lyndon Elder. (kdr) [Transferred from ared on 9/23/2022.] |
| Filing 4 REQUEST by Lyndon Elder. (kdr) [Transferred from ared on 9/23/2022.] |
| Filing 3 MOTION to Appoint Counsel by Lyndon Elder. (kdr) [Transferred from ared on 9/23/2022.] |
| Filing 2 COMPLAINT against All Defendants, filed by Lyndon Elder.(kdr) [Transferred from ared on 9/23/2022.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Lyndon Elder. (kdr) [Transferred from ared on 9/23/2022.] |
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