Layne v. Wellpath Medical et al
Plaintiff: Robert Matthew Layne
Defendant: Wellpath Medical and RN Kelly Aunspaugh
Case Number: 6:2024cv06082
Filed: June 10, 2024
Court: US District Court for the Western District of Arkansas
Presiding Judge: Mark E Ford
Referring Judge: Susan O Hickey
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2024 Filing 19 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Wellpath Medical and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #17 Amended Complaint, #5 Magistrate Notice/Consent Form, #18 Order Directing Service. (jlm)
August 2, 2024 Opinion or Order Filing 18 ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Wellpath Medical and granting 21 days to answer. Signed by Honorable Mark E. Ford on August 2, 2024. (cc: U.S. Marshals Service-Certified).(jlm)
August 1, 2024 Filing 17 AMENDED COMPLAINT with Jury Demand as to #1 Complaint (42:1983) against Kelly Aunspaugh, Wellpath Medical, filed by Robert Matthew Layne. Related document: #1 Complaint (42:1983) filed by Robert Matthew Layne.(jlm)
July 30, 2024 Filing 16 TEXT ONLY ORDER denying #14 Motion for subpoena as PREMATURE. Signed by Honorable Mark E. Ford on July 30, 2024. (klk)
July 30, 2024 Filing 15 TEXT ONLY ORDER denying #13 Motion to Compel as PREMATURE.. Signed by Honorable Mark E. Ford on July 30, 2024. (klk)
July 29, 2024 Filing 14 MOTION requesting the issuance of subpoena by Robert Matthew Layne. Motions referred to Mark E. Ford.(jlm)
July 29, 2024 Filing 13 MOTION to Compel discovery by Robert Matthew Layne. Motions referred to Mark E. Ford.(jlm) (Main Document 13 replaced on 7/29/2024) (jlm).
July 23, 2024 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 current 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 8/13/2024. Signed by Honorable Mark E. Ford on July 23, 2024. (klk)
July 16, 2024 Filing 11 TEXT ONLY ORDER denying #10 Motion for Summary Judgment as PREMATURE.. Signed by Honorable Mark E. Ford on July 16, 2024. (klk) Modified on 7/16/2024 (jlm).
July 15, 2024 Filing 10 MOTION for Summary Judgment by Robert Matthew Layne. Motions referred to Mark E. Ford.(jlm) (Additional attachment(s) added on 7/15/2024: #1 Supplement) (bjb).
June 28, 2024 Filing 9 TEXT ONLY ORDER denying #8 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. 7) this Motion for Appointment of Counsel is DENIED. Signed by Honorable Mark E. Ford on June 28, 2024. (klk)
June 27, 2024 Filing 8 MOTION to Appoint Counsel by Robert Matthew Layne. Motions referred to Mark E. Ford.(ria)
June 25, 2024 Filing 7 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 Mark E. Ford on June 25, 2024. (klk)
June 24, 2024 Filing 6 MOTION to Appoint Counsel by Robert Matthew Layne. Motions referred to Mark E. Ford.(jlm)
June 10, 2024 Filing 5 Magistrate Notice/Consent Form (jlm)
June 10, 2024 Filing 4 CLERK'S ORDER re PLRA Initial Fee directing ADC - EARU to collect from petitioner's prison account an initial partial filing fee of $1.65; 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; AR Department of Community Correction). (jlm) (Main Document 4 replaced on 6/11/2024) (jlm).
June 10, 2024 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 Barry A Bryant on June 10, 2024. (jlm)
June 10, 2024 Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Robert Matthew Layne. Motions referred to Mark E. Ford.(jlm)
June 10, 2024 Filing 1 COMPLAINT REFERRED (42:1983) against Kelly Aunspaugh, Wellpath Medical, filed by Robert Matthew Layne. (Attachments: #1 Attachment)(jlm)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Arkansas Western District Court's Electronic Court Filings (ECF) System

Search for this case: Layne v. Wellpath Medical et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Wellpath Medical
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: RN Kelly Aunspaugh
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Robert Matthew Layne
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?