Fortson v. Waldrum et al
Plaintiff: Christopher Fortson, Sr.
Defendant: Jail Admin Josh Waldrum and Asst. Jail Admin Zachary Marshal
Case Number: 6:2023cv06022
Filed: February 23, 2023
Court: US District Court for the Western District of Arkansas
Presiding Judge: Barry A Bryant
Referring Judge: Christy D Comstock
2 Judge: Susan O Hickey
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 20, 2023 Filing 12 SUMMONS Returned Executed by Christopher Fortson, Sr. Zachary Marshal served on 4/3/2023, answer due 4/24/2023; Josh Waldrum served on 4/3/2023, answer due 4/24/2023. (jlm)
April 10, 2023 Filing 11 TEXT ONLY BENCH ORDER. If Defendant(s) intend to pursue a defense, pursuant to the Prison Litigation Reform Act, 42 U.S.C. 1997(e)(a), that Plaintiff failed to exhaust his/her administrative remedies before filing this lawsuit, Defendant(s) must raise the issue in a motion for summary judgment filed no later than 45 days from the date of this Order. All discovery is stayed until the Court resolves any exhaustion issues. If Defendant(s) do(es) not intend to pursue an exhaustion defense, the Defendant(s) should PROMPTLY file a notice so stating. Summary Judgment Motion due by 5/25/2023. Signed by Honorable Christy D. Comstock on April 10, 2023. (smg)
April 10, 2023 Filing 10 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Zachary Marshal, Josh Waldrum.(Jones, Jamie)
March 28, 2023 Filing 9 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. Plaintiff filed a Notice of Change of Address indicating that he has now been released from custody. When a Plaintiff is released from confinement, the policy of the Court is to require re-submission of affidavits to determine whether he should be required to pay all, or a portion of, the fees and costs of the lawsuit. If Plaintiff wishes to proceed with this lawsuit, he is directed to pay the balance of the 350.00 dollar filing fee, or to resubmit an IFP application which reflects his free-world financial status within 21 days of the date of this Order. IT IS THEREFORE ORDERED THAT: the Clerk is directed to send a blank IFP Application to the Plaintiff. Plaintiff is directed to submit the balance of the 350.00 dollar filing fee or complete and sign the IFP Application within 21 days. This case shall be subject to dismissal if Plaintiff fails to pay the 350.00 dollar filing fee or resubmit an IFP application by the deadline. CLERK TO FOLLOW UP Completed IFP due by 4/18/2023. Signed by Honorable Christy D. Comstock on March 28, 2023. (smg)
March 28, 2023 Filing 8 NOTICE of Change of Address for Christopher Fortson, Sr. There are no documents to resend. (bjb)
March 24, 2023 Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Zachary Marshal, Josh Waldrum and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #6 Order Directing Service, #5 Magistrate Notice/Consent Form, #1 Complaint Referred (42:1983). YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (tg)
March 24, 2023 Opinion or Order Filing 6 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Zachary Marshal, Josh Waldrum and granting 21 days to answer. Signed by Honorable Mark E. Ford on March 24, 2023. (cc: U.S. Marshals Service-Certified).(tg)
March 20, 2023 TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. (hnc)
February 23, 2023 Filing 5 Magistrate Notice/Consent Form (jlm)
February 23, 2023 Filing 4 CLERK'S ORDER re PLRA Initial Fee directing CLARK COUNTY JAIL to collect from petitioner's prison account an initial partial filing fee of $16.00; 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: Clark County Detention Center). (jlm)
February 23, 2023 Opinion or Order 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 Mark E. Ford on February 23, 2023. (jlm)
February 23, 2023 Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Christopher Fortson, Sr. Motions referred to Barry A Bryant.(jlm)
February 23, 2023 Filing 1 COMPLAINT REFERRED (42:1983) against Zachary Marshal, Josh Waldrum, filed by Christopher Fortson, Sr.(jlm)

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Plaintiff: Christopher Fortson, Sr.
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Defendant: Jail Admin Josh Waldrum
Represented By: Jamie Huffman Jones
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Defendant: Asst. Jail Admin Zachary Marshal
Represented By: Jamie Huffman Jones
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