Herndon v. Daniel et al
| John Elwain Herndon |
| Thomas Daniel, Warden Jared Byers, Medical Administrato Crystal McCoy, Nanette Vowell, Wellpath, Inc., Lt. Montgomery, Sgt. Sutton, Lieutenant Rondoni, Lieutenant Walter and Medical Admin. Crystal McCoy |
| 6:2023cv06122 |
| November 27, 2023 |
| US District Court for the Western District of Arkansas |
| Mark E Ford |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 13 ANSWER to #10 Amended Complaint, by Thomas Daniel, Crystal McCoy, Nanette Vowell, Wellpath, Inc..(Almefty, Kynda) |
| Filing 12 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Jared Byers, Rondoni, Walter, Wellpath, Inc. and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #4 Magistrate Notice/Consent Form, #11 Order Directing Service, #10 Amended Complaint,. (jlm) (Main Document 12 replaced on 1/17/2024) (jlm). |
Filing 11
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Jared Byers, Rondoni, Walter, Wellpath, Inc. and granting 21 days to answer. Signed by Honorable Mark E. Ford on January 16, 2024. (cc: U.S. Marshals Service-Certified).(jlm) (Main Document 11 replaced on 1/17/2024) (jlm).
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| Filing 10 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Jared Byers, Rondoni, Thomas Daniel, Crystal McCoy, Walter, Nanette Vowell Terminating Wellpath, Inc., filed by John Elwain Herndon. Related document: #1 Complaint Referred (42:1983) filed by John Elwain Herndon.(jlm) |
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Filing 9
ORDER DIRECTING that an Amended Complaint be filed. Amended Complaint due by 1/8/2024. Blank complaint form mailed. Signed by Honorable Mark E. Ford on December 18, 2023. (jlm)
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Filing 8
ORDER Directing the Clerk to:(1) Sever from this action Plaintiff's claims Defendants Montgomery and Byers for confiscating his chair parts on July 3, 2023, without due process of law (claim 3), and Plaintiff's claim that on August 11, following acts of harassment and intimidation, Defendants Montgomery and Sutton confiscated his religious object in violation of the constitution and federal law (claim 5). (2) File a copy of the Complaint in the severed case. (3) File a copy of the in forma pauperis application in the severed case. (4) File a copy of this Order in the severed case. (5) Collect the $350 filing fee from Plaintiff in each case. And, (6) Terminate the severed Defendants Montgomery and Sutton from this action. Signed by Honorable Mark E. Ford on December 15, 2023. (jlm)
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| Filing 7 CLERK'S ORDER re PLRA Fee directing ADC ORU 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; AR Department of Community Correction). (jlm) |
| Filing 6 TEXT ONLY ORDER granting #2 & #5 Motion for Leave to Proceed in forma pauperis (42:1983). This Court has now received Plaintiff's complete in forma pauperis (IFP) application. (ECF Nos. 2 & 5). Upon review of that application, Plaintiff's motion to proceed IFP is hereby GRANTED. 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 December 7, 2023. (ksb) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by John Elwain Herndon. Motions referred to Mark E. Ford.(jlm) |
| Filing 4 Magistrate Notice/Consent Form (jlm) |
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Filing 3
ORDER that the matter has been provisionally filed as the undersigned finds that additional information is needed to rule on Plaintiff's IFP application. ORDER DIRECTING that a Completed IFP be filed, Specifically the Court requires the following information: completed IFP. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 12/18/2023. Signed by Honorable Mark E. Ford on November 27, 2023. (jlm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by John Elwain Herndon. Motions referred to Mark E. Ford.(jlm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Jared Byers, Thomas Daniel, Crystal McCoy, Montgomery, Rondoni, Sutton, Nanette Vowell, Walter, Wellpath, Inc., filed by John Elwain Herndon.(jlm) |
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