White v. John Doe Arresting Officers of the Benton County Sheriff's Office et al (5:16-cv-05261), Arkansas Western District Court

White v. John Doe Arresting Officers of the Benton County Sheriff's Office et al

Arkansas Western District Court
Judge:	Timothy L Brooks
Referred:	Mark E Ford
Case #:	5:16-cv-05261
Nature of Suit	555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause	42:1983 Prisoner Civil Rights

Case Filed:	Sep 21, 2016
Terminated:	Jun 06, 2017

Docket
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Docket last updated: 10 hours ago

Tuesday, June 06, 2017
43		43 misc Clerk's Order Dismissing Case/Party Tue 06/06 11:41 AM CLERK'S ORDER Dismissing Case: re42 Motion to Dismiss filed by Ricky Gene White (CASE DISMISSED WITHOUT PREJUDICE). (tg) Related: [-]
Monday, June 05, 2017
42		42 motion Dismiss Mon 06/05 3:27 PM MOTION to Dismiss for Voluntary Dismissal Without Prejudice by Ricky Gene White. Motions referred to Mark E. Ford.(Hall, Michael) Related: [-]
Monday, May 22, 2017
		order Order on Motion to Extend ~Util - Set Deadlines Mon 05/22 8:06 AM TEXT ONLY ORDER granting41 Motion to Extend ; ( Amended Complaint due by 6/5/2017). Signed by Honorable Mark E. Ford on May 22, 2017. (smg) Related: [-]
Monday, May 15, 2017
41		41 motion Extend Mon 05/15 4:10 PM MOTION to Extend Time to File Amended Complaint by Ricky Gene White. Motions referred to Mark E. Ford.(Hall, Michael) Related: [-]
40		40 notice Notice of Appearance Mon 05/15 4:08 PM NOTICE of Appearance by Michael Scott Hall on behalf of Ricky Gene White. (Hall, Michael) Related: [-]
Tuesday, May 09, 2017
39		39 misc Proposed Hearing/Trial Exhibits - PC Tue 05/09 3:47 PM THIS DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Records from Bella Vista Police per 34 Order. (src) Related: [-]
Thursday, May 04, 2017
38		38 order Order on Motion to Stay 1 - Terminate Deadlines Thu 05/04 8:08 AM ORDER granting35 Motion to Stay. Deadlines set forth in the20 initial scheduling order are stayed. Signed by Honorable Mark E. Ford on May 4, 2017. (src) Related: [-]
		misc Docket Annotation of Mailing Thu 05/04 8:09 AM DOCKET ANNOTATION OF MAILING: A copy of the following document(s)38 Order on Motion to Stay, was mailed to non-ECF Case Participant(s) Ricky Gene White on 5/4/2017. (src) Related: [-]
Monday, May 01, 2017
37		37 misc Mail Returned Mon 05/01 3:15 PM Mail Returned as Undeliverable marked Released. Mail originally sent to Ricky White at Benton Co. Jail including Text Only Orders entered on 4/25/2017,33 Order on Motion to Amend/Correct,34 Order on Motion for Order. Resent to ADC Delta Regional Unit. (src) Related: [-]
36		36 order Order Regarding Change of Address - TEXT ONLY Mon 05/01 3:13 PM TEXT ONLY ORDER REGARDING CHANGE OF ADDRESS for Ricky Gene White: The Court has been notified that the Plaintiff has a new address. The Clerk is directed to enter this new address of record for the Plaintiff. The Clerk is also directed to re-send any pleadings or correspondence which may have been returned as undeliverable. Plaintiff is reminded that failure to keep the Court apprised of a valid current address will result in dismissal of this case. The new address is ADC Delta Regional Unit . There are no documents to resend. ONLY the Notice of Change of Address of Pro Se Case Participant attached. Signed by Honorable Mark E. Ford on May 1, 2017. (src) Related: [-]
		misc Docket Annotation of Mailing Mon 05/01 3:19 PM DOCKET ANNOTATION OF MAILING: A copy of the following document(s)36 Order Regarding Change of Address - TEXT ONLY, and 4/25/17 returned mail were mailed to non-ECF Case Participant(s) Ricky Gene White on 5/1/2017. (src) Related: [-]
Wednesday, April 26, 2017
35		35 motion Stay Wed 04/26 12:01 PM MOTION to Stay re20 Initial Scheduling Order - PC cases and Scheduling Order Deadlines by Z. Johnson, Wayne Schock, John Sheppard. Motions referred to Mark E. Ford.(Davis, JaNan) Related: [-]
Tuesday, April 25, 2017
34		34 order Order on Motion for Order Tue 04/25 1:19 PM ORDER granting in part and denying in part25 Motion for Order. The Clerk is directed to issue a subpoena to Bella Vista Police Department. Signed by Honorable Mark E. Ford on April 25, 2017. (src) Related: [-]
33		33 order Order on Motion to Amend/Correct Order Directing Pleading to be Filed Tue 04/25 11:21 AM ORDER granting23 Motion to Amend/Correct; ORDER DIRECTING that an Amended Complaint be filed.( Amended Complaint due by 5/15/2017). Signed by Honorable Mark E. Ford on April 25, 2017. (src) Related: [-]
		order Order on Motion for Reconsideration Tue 04/25 10:05 AM TEXT ONLY ORDER denying24 Motion for Reconsideration. Plaintiff asks that the court reconsider the order (text order entered 11/2/2016) denying his request for appointed counsel. Plaintiff indicates he is concerned that he may say something that will incriminate him. The claims in this civil case are separate from any question of whether Plaintiff is guilty of the crimes for which he was arrested. Signed by Honorable Mark E. Ford on April 25, 2017. (smg) Modified on 4/25/2017 (src) Related: [-]
		order Order on Motion to Compel Tue 04/25 10:50 AM TEXT ONLY ORDER denying27 as moot Motion to Compel. Defendants indicate they have made the initial disclosures in accordance with the scheduling order. Signed by Honorable Mark E. Ford on April 25, 2017. (smg) Related: [-]
		order Order on Motion to Withdraw Motion Tue 04/25 10:54 AM TEXT ONLY ORDER granting32 Motion to Withdraw Motion to Compel [Doc. 30]. Signed by Honorable Mark E. Ford on April 25, 2017. (smg) Related: [-]
		misc Docket Annotation of Mailing Tue 04/25 11:01 AM DOCKET ANNOTATION OF MAILING: An NEF of four TEXT ONLY ENTRIES Order on Motion to Compel, Order on Motion for Reconsideration, Order on Motion to Withdraw Motion, Order on Motion to Dismiss,33 Order, and 1983 Complaint form were mailed to non-ECF Case Participant(s) Ricky Gene White on 4/25/2017. (src) Modified on 4/25/2017 (src) Related: [-]
		order Order on Motion to Dismiss Tue 04/25 11:16 AM TEXT ONLY ORDER finding as moot12 Motion to Dismiss. Plaintiff is being allowed to file an amended complaint. Signed by Honorable Mark E. Ford on April 25, 2017. (smg) Modified on 4/25/2017 (src) Related: [-]
		service Subpoena Issued Tue 04/25 1:51 PM THE DOCUMENT IS RESTRICTED TO COURT USERS. SUBPOENA ISSUED to produce documents, information or objects directed to Bella Vista Police Records Keeper requiring that the documents, information, or objects be delivered to the Pro Se Law Clerk. (src) Related: [-]
Monday, April 17, 2017
32		32 motion Withdraw Motion Mon 04/17 1:34 PM MOTION to Withdraw30 MOTION to Compel by Ricky Gene White. Motions referred to Mark E. Ford.(src) Related: [-]
		misc Docket Annotation of Mailing Mon 04/17 1:36 PM DOCKET ANNOTATION OF MAILING: A copy of the following document(s)32 Motion to Withdraw Motion was mailed to non-ECF Case Participant(s) Ricky Gene White on 4/17/2017. (src) Related: [-]
Friday, April 07, 2017
31		31 respm Response in Opposition to Motion Fri 04/07 2:15 PM RESPONSE in Opposition re30 MOTION to Compel filed by Z. Johnson, Wayne Schock, John Sheppard.(Davis, JaNan) Related: [-]
		Att: 1 Exhibit No. A - 01/20/17 Defendants' Discovery Responses,
		Att: 2 Exhibit No. B - 02/20/17 Defendants' Response to RFP,
		Att: 3 Exhibit No. C - 03/17/17 Response to RFP,
		Att: 4 Exhibit No. D - 03/26/17 Letter/Request from Plaintiff,
		Att: 5 Exhibit No. E - 03/31/17 Letter to Plaintiff
Wednesday, April 05, 2017
30		30 motion Compel Wed 04/05 1:10 PM MOTION to Compel by Ricky Gene White. Motions referred to Mark E. Ford.(src) Related: [-]
		misc Docket Annotation of Mailing Wed 04/05 1:11 PM DOCKET ANNOTATION OF MAILING: A copy of the following document(s)30 Motion to Compel was mailed to non-ECF Case Participant(s) Ricky Gene White on 4/5/2017. (src) Related: [-]
Monday, February 13, 2017
29		29 order Order Regarding Change of Address - TEXT ONLY Mon 02/13 3:06 PM TEXT ONLY ORDER REGARDING CHANGE OF ADDRESS for Ricky Gene White: The Court has been notified that the Plaintiff has a new address. The Clerk is directed to enter this new address of record for the Plaintiff. The Clerk is also directed to re-send any pleadings or correspondence which may have been returned as undeliverable. Plaintiff is reminded that failure to keep the Court apprised of a valid current address will result in dismissal of this case. The new address is. Documents previously returned to be resent. ONLY the Notice of Change of Address of Pro Se Case Participant attached. Signed by Honorable Mark E. Ford on February 13, 2017. (src) Related: [-]
		misc Docket Annotation of Mailing Mon 02/13 3:08 PM DOCKET ANNOTATION OF MAILING: A copy of the following document(s)29 Order Regarding Change of Address - TEXT ONLY, was mailed to non-ECF Case Participant(s) Ricky Gene White on 2/13/2017. (src) Related: [-]
Tuesday, January 31, 2017
28		28 respm Response in Opposition to Motion Tue 01/31 8:48 AM RESPONSE in Opposition re27 MOTION to Compel filed by Z. Johnson, Wayne Schock, John Sheppard.(Davis, JaNan) Related: [-]
		Att: 1 Exhibit No. A - 01/25/17 Letter to Plaintiff forwarding jail file
Monday, January 23, 2017
27		27 motion Compel Mon 01/23 3:12 PM MOTION to Compel by Ricky Gene White. Motions referred to Mark E. Ford.(src) Related: [-]
		misc Docket Annotation of Mailing Mon 01/23 3:24 PM DOCKET ANNOTATION OF MAILING: A copy of the following document(s)27 Motion to Compel was mailed to non-ECF Case Participant(s) Ricky Gene White on 1/23/2017. (src) Related: [-]
Tuesday, January 17, 2017
26		26 respm Response in Opposition to Motion Tue 01/17 8:27 AM RESPONSE in Opposition re23 MOTION to Amend/Correct1 Complaint Referred (42:1983) filed by Z. Johnson, Wayne Schock, John Sheppard. (Davis, JaNan) Related: [-]
Monday, January 09, 2017
25		25 motion Order Mon 01/09 1:55 PM MOTION for Order to Subpoena Evidence by Ricky Gene White. Motions referred to Mark E. Ford.(src) Related: [-]
		misc Docket Annotation of Mailing Mon 01/09 2:03 PM DOCKET ANNOTATION OF MAILING: A copy of the following document(s)25 Motion for Order was mailed to non-ECF Case Participant(s) Ricky Gene White on 1/9/2017. (src) Related: [-]
Friday, January 06, 2017
24		24 motion Reconsideration Fri 01/06 1:22 PM MOTION for Reconsider re Order on Motion to Appoint Counsel, by Ricky Gene White. Motions referred to Mark E. Ford.(rg) Related: [-]
		misc Docket Annotation of Mailing Fri 01/06 1:27 PM DOCKET ANNOTATION OF MAILING: A copy of the following document(s)24 Motion for Reconsideration was mailed to non-ECF Case Participant(s) Ricky Gene White on 1/6/2017. (rg) Related: [-]
Tuesday, January 03, 2017
23		23 motion Amend/Correct Tue 01/03 1:42 PM MOTION to Add Parties to1 Complaint Referred (42:1983) by Ricky Gene White. Motions referred to Mark E. Ford.(src) Related: [-]
		misc Docket Annotation of Mailing Tue 01/03 1:43 PM DOCKET ANNOTATION OF MAILING: A copy of the following document(s)23 Motion to Amend/Correct was mailed to non-ECF Case Participant(s) Ricky Gene White on 1/3/2017. (src) Related: [-]
Wednesday, November 30, 2016
22		22 order Order Regarding Change of Address - TEXT ONLY Wed 11/30 12:49 PM TEXT ONLY ORDER REGARDING CHANGE OF ADDRESS for Ricky Gene White: The Court has been notified that the Plaintiff has a new address. The Clerk is directed to enter this new address of record for the Plaintiff. The Clerk is also directed to re-send any pleadings or correspondence which may have been returned as undeliverable. Plaintiff is reminded that failure to keep the Court apprised of a valid current address will result in dismissal of this case. The new address is ADC Delta Regional Unit . There are no documents to resend. ONLY the Notice of Change of Address of Pro Se Case Participant attached. Signed by Honorable Mark E. Ford on November 30, 2016. (src) Related: [-]
		misc Docket Annotation of Mailing Wed 11/30 12:50 PM DOCKET ANNOTATION OF MAILING: An NEF of a TEXT ONLY ENTRY filed 11/30/1622 Order Regarding Change of Address - TEXT ONLY,, was mailed to non-ECF Case Participant(s) Ricky Gene White on 11/30/2016. (src) Related: [-]
Monday, November 28, 2016
21		21 service Service by Clerk - Return Receipt Received (Other) Mon 11/28 2:30 PM CLERK'S NOTICE OF SERVICE: CERTIFIED MAIL, RETURN RECEIPT RECEIVED for service of documents as set forth in19 Order on Motion to Take Deposition. Deputy Warden ORCU received documents on 11/22/2016. (src) Related: [-]
		misc Docket Annotation of Mailing Mon 11/28 2:31 PM DOCKET ANNOTATION OF MAILING: A copy of the following document21 Service by Clerk - Return Receipt Received (Other) was mailed to non-ECF Case Participant(s) Ricky Gene White on 11/28/2016. (src) Related: [-]
Monday, November 21, 2016
20		20 order Initial Scheduling Order - PC cases Mon 11/21 4:12 PM INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 5/19/2017. Signed by Honorable Mark E. Ford on November 21, 2016. (djm) Related: [-]
		misc Docket Annotation of Mailing Mon 11/21 4:14 PM DOCKET ANNOTATION OF MAILING: A copy of the following document20 Initial Scheduling Order was mailed to non-ECF Case Participant Ricky Gene White on 11/21/2016. (djm) Related: [-]
Friday, November 18, 2016
19		19 order Order on Motion to Take Deposition Fri 11/18 9:22 AM ORDER granting9 Motion to Take Deposition from Ricky Gene White. The District Clerk is directed to send a copy of this order to the Deputy Warden by certified mail. Signed by Honorable Mark E. Ford on November 18, 2016. (rg) Related: [-]
		service Service by Clerk - Certified Mail (Other) Fri 11/18 9:30 AM CERTIFIED MAIL, WITH RETURN RECEIPT ATTACHED, DELIVERED TO U.S. POSTAL SERVICE, for service of19 Order on Motion to Take Deposition as to Deputy Warden using Certified Mail Article number 70143490000205395552. (rg) Related: [-]
		misc Docket Annotation of Mailing Fri 11/18 9:30 AM DOCKET ANNOTATION OF MAILING: A copy of the following document(s) Service by Clerk - Certified Mail (Other),19 Order on Motion to Take Deposition were mailed to non-ECF Case Participant(s) Ricky Gene White on 11/18/2016. (rg) Related: [-]
Tuesday, November 15, 2016
18		18 misc Mail Returned Tue 11/15 9:22 AM Mail Returned as Undeliverable marked Return to sender, not deliverable as addressed. Mail originally sent to Ricky Gene White at Benton County Detention Center including Order on Motion to Appoint Counsel. Resent to ADC OUACHITA River Unit. (rg) Related: [-]
Monday, November 07, 2016
17		17 order Order Regarding Change of Address - TEXT ONLY Mon 11/07 3:50 PM TEXT ONLY ORDER REGARDING CHANGE OF ADDRESS for Ricky Gene White: The Court has been notified that the Plaintiff has a new address. The Clerk is directed to enter this new address of record for the Plaintiff. The Clerk is also directed to re-send any pleadings or correspondence which may have been returned as undeliverable. Plaintiff is reminded that failure to keep the Court apprised of a valid current address will result in dismissal of this case. The new address is ADC ORCU . There are no documents to resend. ONLY the Notice of Change of Address of Pro Se Case Participant attached. Signed by Honorable Mark E. Ford on November 7, 2016. (src) Related: [-]
		misc Docket Annotation of Mailing Mon 11/07 3:50 PM DOCKET ANNOTATION OF MAILING: A copy of the following document(s)17 Order Regarding Change of Address - TEXT ONLY,, was mailed to non-ECF Case Participant(s) Ricky Gene White on 11/7/2016. (src) Related: [-]
Wednesday, November 02, 2016
		order Order on Motion to Appoint Counsel Wed 11/02 7:39 AM TEXT ONLY ORDER denying16 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 November 2, 2016. (smg) Related: [-]
		misc Docket Annotation of Mailing Wed 11/02 7:51 AM DOCKET ANNOTATION OF MAILING: An NEF of a TEXT ONLY ENTRY filed 11/1/2016 Order on Motion to Appoint Counsel, was mailed to non-ECF Case Participant(s) Ricky Gene White on 11/2/2016. (rg) Related: [-]
Tuesday, November 01, 2016
16		16 motion Appoint Counsel Tue 11/01 1:26 PM MOTION to Appoint Counsel by Ricky Gene White. Motions referred to Mark E. Ford.(src) Related: [-]
		misc Docket Annotation of Mailing Tue 11/01 1:28 PM DOCKET ANNOTATION OF MAILING: A copy of the following document16 Motion to Appoint Counsel was mailed to non-ECF Case Participant(s) Ricky Gene White on 11/1/2016. (src) Related: [-]
Friday, October 28, 2016
15		15 service Summons Returned Executed Fri 10/28 2:33 PM SUMMONS Returned Executed Wayne Schock served on 10/21/2016. (src) Related: [-]
		misc Docket Annotation of Mailing Fri 10/28 2:42 PM DOCKET ANNOTATION OF MAILING: A copy of the following document15 Summons Returned Executed was mailed to non-ECF Case Participant Ricky Gene White on 10/28/2016. (src) Related: [-]
Wednesday, October 26, 2016
14		14 answer Answer to Complaint Referred (42:1983) Wed 10/26 3:15 PM ANSWER to1 Complaint Referred (42:1983) with Jury Demand by Wayne Schock.(Davis, JaNan) Related: [-]
13		13 4 pgs msupport Memorandum Brief in Support Wed 10/26 3:14 PM MEMORANDUM BRIEF in Support of12 MOTION to Dismiss by Wayne Schock. (Davis, JaNan) Related: [-]
12		12 motion Dismiss Wed 10/26 3:13 PM MOTION to Dismiss by Wayne Schock. Motions referred to Mark E. Ford.(Davis, JaNan) Related: [-]
Monday, October 17, 2016
11		11 service Summons Issued Mon 10/17 1:48 PM THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Issued as to Wayne Schock and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 1 Complaint Referred (42:1983), 4 Magistrate Notice/Consent Furnished, 10 Order Directing Service,. (src) Related: [-]
10		10 order Order Directing Service Mon 10/17 1:26 PM ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Wayne Schock and granting 21 days to answer. The Clerk is directed to substitute Defendants Sheppard and Schock for John Doe Defendants. Signed by Honorable Mark E. Ford on October 17, 2016. (cc: U.S. Marshals Service-Certified).(src) Related: [-]
Thursday, October 13, 2016
9		9 motion Take Deposition Thu 10/13 10:10 AM MOTION to Take Deposition from Ricky Gene White by Z. Johnson, John Sheppard. Motions referred to Mark E. Ford.(Davis, JaNan) Related: [-]
8		8 answer Answer to Complaint Referred (42:1983) Thu 10/13 10:09 AM ANSWER to1 Complaint Referred (42:1983) with Jury Demand by Z. Johnson, John Sheppard.(Davis, JaNan) Related: [-]
Thursday, September 29, 2016
7		7 service Summons Returned Executed Thu 09/29 4:33 PM SUMMONS Returned Executed by Ricky Gene White. Z. Johnson served on 9/24/2016, answer due 10/17/2016; John Sheppard served on 9/24/2016, answer due 10/17/2016. (src) Related: [-]
Thursday, September 22, 2016
6		6 misc Clerk's Order PLRA Initial Fee Thu 09/22 8:53 AM CLERK'S ORDER re PLRA Initial Fee directing Sheriff, Benton County Detention Center to collect from petitioner's prison account an initial partial filing fee of $3.95; 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: Sheriff, Benton County). (rg) Related: [-]
Wednesday, September 21, 2016
5		5 service Summons Issued Wed 09/21 3:42 PM THE DOCUMENT IS RESTRICTED TO COURT USERS. Summons Issued as to Z. Johnson, John Sheppard and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 1 Complaint Referred (42:1983), 4 Magistrate Notice/Consent Furnished, 3 Order Granting IFP and Directing Prisoner Payment, Order Directing Service. (rg) Related: [-]
4		4 notice Magistrate Notice/Consent Furnished Wed 09/21 3:40 PM Magistrate Notice/Consent Furnished. (rg) Related: [-]
3		3 order Order Granting IFP and Directing Prisoner Payment Order Directing Service Wed 09/21 3:40 PM ORDER Granting IFP, directing Clerk to assess filing fee and collect funds from Prison Account of Ricky Gene White, ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Z. Johnson, John Sheppard and granting 21 days to answer. Signed by Honorable Erin L. Setser on September 21, 2016. (cc: U.S. Marshals Service-Certified).(rg) Related: [-]
2		2 misc Application to Proceed IFP (42:1983) Wed 09/21 3:37 PM APPLICATION to Proceed In Forma Pauperis by Plaintiff Ricky Gene White. (rg) Related: [-]
1		1 cmp Complaint Referred (42:1983) Wed 09/21 3:36 PM COMPLAINT REFERRED (42:1983) against John Doe Arresting Officers of the Benton County Sheriff's Office, John or Jane Doe Transport Officers, Z. Johnson, John Sheppard, filed by Ricky Gene White.(rg) Related: [-]

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