Bennings v. Elrod et al
| Wendell Brock Bennings |
| Chief Steven Elrod, Sheriff Mike McCormick, Captain Joel Ware, Captain Belinda Cogrove, Chris Mcfee, Lt Brainstetter, Lt. Aaron Mann, Cpl Jimmy Caldwell, Cpl Andrew Well, Cpl Robin White, Cpl David Willcutt, Cpl Brian Nobles, Sgt Robert Huffman, Sgt Nathan Burgett, Sgt. Koreen Gates, Lt Patricia Sewell, Sgt Barbara Falasca, Housing Deputy Warrington, Housing Deputy Dunn, John Does 1-10, Nurse Danette Simpson, Medical Assistant Christine Watson, Deputy Williams, Captain Belinda Cosgrove, Lt Chris Mcfee, Patricia Sowell, John Does 1-13, Housing Deputy Stephen Moss, Housing Deputy C Parrish and Housing Deputy Chandler |
| 6:2023cv06084 |
| July 12, 2023 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Christy D Comstock |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 TEXT ONLY ORDER denying #13 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. 8) this Motion for Appointment of Counsel is DENIED. Signed by Honorable Christy D. Comstock on September 6, 2023. (klk) |
| Filing 14 SECOND AMENDED COMPLAINT with Jury Demand as to #9 Amended Complaint,, against John Does 1-13, Brainstetter, Patricia Sowell, Steven Elrod, Christine Watson, Koreen Gates, Chris Mcfee, Mike McCormick, Nathan Burgett, Aaron Mann, Joel Ware, Stephen Moss, C Parrish, Chandler Terminating Dunn (GCDC), Barbara Falasca (GCDC), Robert Huffman (GCDC), Brian Nobles (GCDC), Danette Simpson (TurnKey Health, GCDC), Warrington (GCDC), Andrew Well (GCDC), Robin White (GCDC), David Willcutt (GCDC), Williams (GCDC), Jimmy Caldwell (GCDC) and Belinda Cosgrove (GCDC), filed by Wendell Brock Bennings. Related document: #9 Amended Complaint,, filed by Wendell Brock Bennings.(jlm) |
| Filing 13 MOTION to Appoint Counsel by Wendell Brock Bennings. Motions referred to Christy D. Comstock.(jlm) |
| Filing 12 TEXT ONLY ORDER granting #11 Motion for Extension of Time to File Response/Reply as to #10 Order Directing Pleading to be Filed. The new deadline for Plaintiff to file his Second Amended Complaint is 9/7/2023. Signed by Honorable Christy D. Comstock on August 11, 2023. (klk) |
| Filing 11 MOTION for Extension of Time to File Response/Reply as to #10 Order Directing Pleading to be Filed by Wendell Brock Bennings. Motions referred to Christy D. Comstock.(jlm) |
| TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. Motions referred to Christy D. Comstock.(hnc) |
Filing 10
ORDER DIRECTING that an Amended Complaint be filed. Plaintiff is ADVISED that he must submit his Second Amended Complaint no later than 8/24/2023. Signed by Honorable Christy D. Comstock on July 25, 2023. (jlm)
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| Filing 9 AMENDED COMPLAINT with Jury Demand as to #1 Complaint Referred (42:1983), against Robin White, John Does 1-10, Brainstetter, Patricia Sewell, Steven Elrod, Danette Simpson, Barbara Falasca, Christine Watson, Brian Nobles, Koreen Gates, Chris Mcfee, Mike McCormick, Jimmy Caldwell, David Willcutt, Nathan Burgett, Dunn, Robert Huffman, Aaron Mann, Joel Ware, Williams, Andrew Well, Warrington, Belinda Cosgrove, filed by Wendell Brock Bennings. Related document: #1 Complaint Referred (42:1983), filed by Wendell Brock Bennings.(jlm) |
| Filing 8 TEXT ONLY ORDER denying #6 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 13, 2023. (klk) |
| Filing 7 MOTION for a Preliminary Injunction and a Temporary Restraining by Wendell Brock Bennings. Motions referred to Barry A Bryant.(jlm) |
| Filing 6 MOTION to Appoint Counsel by Wendell Brock Bennings. Motions referred to Barry A Bryant.(jlm) |
| Filing 5 Magistrate Notice/Consent Form (jlm) |
| Filing 4 CLERK'S ORDER re PLRA Initial Fee directing Hot Spring County Jail to collect from petitioner's prison account an initial partial filing fee of $35.94; 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: Hot Spring County Detention Center). (jlm) |
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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; ORDER DIRECTING that an Amended Complaint be filed. Amended Complaint due by 8/7/2023. Signed by Honorable Barry A Bryant on July 12, 2023. (jlm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Wendell Brock Bennings. Motions referred to Barry A Bryant.(jlm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Brainstetter, Nathan Burgett, Jimmy Caldwell, Belinda Cogrove, Dunn, Steven Elrod, Barbara Falasca, Koreen Gates, Robert Huffman, John Does 1-10, Aaron Mann, Mike McCormick, Chris Mcfee, Brian Nobles, Patricia Sewell, Danette Simpson, Joel Ware, Warrington, Christine Watson, Andrew Well, Robin White, David Willcutt, Williams, filed by Wendell Brock Bennings.(jlm) |
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