Herrington v. Thomas et al
| Robert Lane Herrington |
| Sheriff Neal Thomas, Jail Admin #1 Russ Carmack, Jail Admin #2 Brett Lane, Chief Deputy Mike May, Deputy Tim Lonner, Jailer Josh Sublet, Stan Waggner, Kary Stoveall, Amber Douglas, APRN Darrell Elkin, Deputy Tim Conner, Amber Dougles, Deputy Greg Harmon, Sheriff David White, Deputy Josh Hackrey and Lucian Surrell |
| 6:2023cv06134 |
| December 13, 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. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.
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| TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. (hnc) |
| Filing 9 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 January 4, 2024. (klk) |
| Filing 8 AMENDED COMPLAINT with Jury Demand as to #1 Complaint Referred (42:1983) against Russ Carmack, Josh Sublet, Neal Thomas, Stan Waggner, Brett Lane, Mike May, Greg Harmon, David White, Josh Hackrey, Lucian Surrell Terminating Kary Stoveall (MCDC), Amber Dougles (MCDC) and Darrell Elkin (County Facility Healthcare of Arkansas, LLC), filed by Robert Lane Herrington. Related document: #1 Complaint Referred (42:1983) filed by Robert Lane Herrington.(jlm) (Main Document 8 replaced on 1/3/2024) (jlm). |
| Filing 7 MOTION to Appoint Counsel by Robert Lane Herrington. Motions referred to Barry A Bryant.(bjb) |
| Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. 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 1/8/2024. Signed by Honorable Barry A Bryant on December 18, 2023. (klk) |
| Filing 5 CLERK'S ORDER re PLRA Fee directing MCSO Detention Center 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: MCSO Detention Center). (jlm) |
| Filing 4 Magistrate Notice/Consent Form (jlm) |
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 Barry A Bryant on December 13, 2023. (jlm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Robert Lane Herrington. Motions referred to Barry A Bryant.(jlm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Russ Carmack, Amber Dougles, Darrell Elkin, Brett Lane, Tim Lonner, Mike May, Kary Stoveall, Josh Sublet, Neal Thomas, Stan Waggner, filed by Robert Lane Herrington.(jlm) Modified on 12/14/2023 to edit text(jlm). |
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