Bennings v. Elrod et al

Arkansas Western District Court
Judge:Susan O Hickey
Referred: Barry A Bryant
Case #: 6:23-cv-06028
Nature of Suit555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause42:1983 Prisoner Civil Rights
Case Filed:Mar 13, 2023
Terminated:Dec 19, 2023

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Docket last updated: 04/18/2024 11:59 PM CDT
Friday, December 22, 2023
46 46 motion Miscellaneous Relief Fri 12/22 9:49 AM
MOTION to object and to proceed with case by Wendell Brock Bennings. (jlm)
Related: [-]
Tuesday, December 19, 2023
45 45 1 pgs order Order Adopting Report and Recommendations Order on Report and Recommendations Order on Motion for TRO Tue 12/19 11:31 AM
ORDER adopting44 Report and Recommendations in toto; Further, denying as moot8 Motion for TRO. Plaintiffs Amended Complaint12 is hereby DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on December 19, 2023. (jlm)
Related: [-]
Friday, December 01, 2023
44 44 motion Report and Recommendations Fri 12/01 1:47 PM
REPORT AND RECOMMENDATIONS re12 Amended Complaint, filed by Wendell Brock Bennings. Objections to R&R due by 12/18/2023. Signed by Honorable Barry A Bryant on December 1, 2023. (jlm)
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43 43 3 pgs order Order on Motion to Amend/Correct Fri 12/01 1:20 PM
ORDER denying35 Motion to Amend/Correct Complaint. Signed by Honorable Barry A Bryant on December 1, 2023. (jlm)
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Friday, November 17, 2023
42 42 order Order on Motion for Relief Fri 11/17 3:36 PM
TEXT ONLY ORDER granting38 Motion for Relief. The Clerk is DIRECTED to send Plaintiff a copy of all documents filed since 10/8/2023.. Signed by Honorable Barry A Bryant on November 17, 2023. (klk) Modified docket text on 11/17/2023 (tmc)
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41 41 order Order Fri 11/17 3:32 PM
TEXT ONLY ORDER directing the Clerk to STRIKE ECF No. 40 as it was entered in error.. Signed by Honorable Barry A Bryant on November 17, 2023. (klk)
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40 40 order Order on Motion to Amend/Correct Fri 11/17 3:07 PM
***STRICKEN PER ECF 41*** TEXT ONLY ORDER denying35 Motion to Amend/Correct because it was not filed in accordance with the Local Rules. Signed by Honorable Barry A Bryant on November 17, 2023. (klk) Modified on 11/17/2023 (bjb)
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39 39 order Order on Motion to Appoint Counsel Fri 11/17 2:48 PM
TEXT ONLY ORDER denying37 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 Orders (ECF Nos. 24, 32) this Motion for Appointment of Counsel is DENIED . Signed by Honorable Barry A Bryant on November 17, 2023. (klk)
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38 38 motion Relief Fri 11/17 12:39 PM
MOTION To Have Updates On Case by Wendell Brock Bennings. Motions referred to Barry A Bryant.(tmc)
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37 37 motion Appoint Counsel Fri 11/17 11:30 AM
MOTION to Appoint Counsel by Wendell Brock Bennings. Motions referred to Barry A Bryant.(tmc)
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36 36 misc Response to Order to Show Cause Fri 11/17 11:24 AM
RESPONSE TO ORDER TO SHOW CAUSE by Wendell Brock Bennings re 30 Order to Show Cause - Failure to Obey Order. (tmc)
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Thursday, October 26, 2023
35 35 motion Amend/Correct Thu 10/26 10:12 AM
MOTION to Amend/Correct12 Amended Complaint, by Wendell Brock Bennings. Motions referred to Barry A Bryant.(jlm) (jlm)
Related: [-]
Att: 1 (10/26/2023) amended complaint
Thursday, October 12, 2023
34 34 order Order on Motion for Extension of Time to File Response/Reply Thu 10/12 8:48 AM
TEXT ONLY ORDER granting33 Motion for Extension of Time to File Response/Reply to 30 Order to Show Cause - Failure to Obey Order to October 26, 2023. Signed by Honorable Barry A Bryant on October 12, 2023. (klk)
Related: [-]
Wednesday, October 11, 2023
33 33 motion Extension of Time to File Response/Reply Wed 10/11 4:21 PM
MOTION for Extension of Time to File Response/Reply as to 30 Order to Show Cause - Failure to Obey Order-TEXT ONLY by Wendell Brock Bennings. Motions referred to Barry A Bryant.(jlm)
Related: [-]
32 32 order Order on Motion to Appoint Counsel Wed 10/11 4:17 PM
TEXT ONLY ORDER denying31 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 October 11, 2023. (klk)
Related: [-]
Tuesday, October 10, 2023
31 31 motion Appoint Counsel Tue 10/10 1:31 PM
MOTION to Appoint Counsel by Wendell Brock Bennings. Motions referred to Barry A Bryant.(jlm)
Related: [-]
Monday, September 11, 2023
30 30 order Order to Show Cause - Failure to Obey Order-TEXT ONLY Mon 09/11 10:22 AM
TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to File an Amended Complaint by September 7, 2023. This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 10/2/2023.. Signed by Honorable Barry A Bryant on September 11, 2023. (klk)
Related: [-]
Friday, August 11, 2023
29 29 order Order on Motion for Extension of Time to File Response/Reply Fri 08/11 10:42 AM
TEXT ONLY ORDER granting28 Motion for Extension of Time to File Response/Reply as to27 Order Directing Pleading to be Filed. The new deadline for Plaintiff to file his Second Amended Complaint is 9/7/2023. Signed by Honorable Barry A Bryant on August 11, 2023. (klk)
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Wednesday, August 09, 2023
28 28 motion Extension of Time to File Response/Reply Wed 08/09 10:19 AM
MOTION for Extension of Time to File Response/Reply as to27 Order Directing Pleading to be Filed by Wendell Brock Bennings. Motions referred to Barry A Bryant.(jlm)
Related: [-]
Tuesday, July 25, 2023
27 27 3 pgs order Order Directing Pleading to be Filed Tue 07/25 11:08 AM
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 Barry A Bryant on July 25, 2023. (jlm)
Related: [-]
Thursday, July 13, 2023
26 26 order Order on Motion for Leave Thu 07/13 9:26 AM
TEXT ONLY ORDER granting25 Motion for Leave to Amend Complaint. Plaintiff has identified one of the John Doe Defendants as Mike McCormick. The Clerk is DIRECTED to add his name to the case caption accordingly. Signed by Honorable Barry A Bryant on July 13, 2023. (klk)
Related: [-]
Wednesday, July 12, 2023
25 25 motion Leave Wed 07/12 10:15 AM
MOTION for Leave to to file amended complaint by Wendell Brock Bennings. Motions referred to Barry A Bryant.(jlm)
Related: [-]
Monday, July 10, 2023
24 24 order Order on Motion to Appoint Counsel Mon 07/10 2:32 PM
TEXT ONLY ORDER denying7 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 10, 2023. (klk)
Related: [-]
Thursday, June 29, 2023
23 23 order Order on Motion for Leave Thu 06/29 9:02 AM
TEXT ONLY ORDER granting22 Motion for Leave to Amend Complaint. Plaintiff has identified one of the John Doe Defendants as Christine Watson. The Clerk is DIRECTED to add her name to the case caption accordingly. Signed by Honorable Barry A Bryant on June 29, 2023. (klk)
Related: [-]
Wednesday, June 28, 2023
22 22 motion Leave Wed 06/28 10:26 AM
MOTION for Leave to to file amended complaint by Wendell Brock Bennings. Motions referred to Barry A Bryant.(jlm)
Related: [-]
Wednesday, June 21, 2023
21 21 order Order on Motion to Amend/Correct Wed 06/21 8:51 AM
TEXT ONLY ORDER denying20 Motion to Amend/Correct as it was not filed in compliance with the Local Rules of Civil Procedure. Signed by Honorable Barry A Bryant on June 21, 2023. (klk)
Related: [-]
Tuesday, June 20, 2023
20 20 motion Amend/Correct Tue 06/20 3:19 PM
MOTION to Amend/Correct12 Amended Complaint, by Wendell Brock Bennings. Motions referred to Barry A Bryant.(jlm)
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Thursday, June 08, 2023
19 19 misc Clerk's Order PLRA Initial Fee Thu 06/08 9:36 AM
CLERK'S ORDER re PLRA Initial Fee directing Garland County Detention Center to collect from petitioner's prison account an initial partial filing fee of $41.41; 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: Garland County Detention Center). (tmc)
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18 18 order Order on Motion for Leave to Proceed In Forma Pauperis (42:1983) Thu 06/08 9:18 AM
TEXT ONLY ORDER granting17 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 8, 2023. (klk)
Related: [-]
Wednesday, June 07, 2023
17 17 motion Proceed In Forma Pauperis (42:1983) Wed 06/07 9:47 AM
MOTION for Leave to Proceed in forma pauperis (42:1983) by Wendell Brock Bennings. Motions referred to Barry A Bryant.(jlm)
Related: [-]
Friday, May 26, 2023
16 16 order Order Regarding IFP Application-Deficient or Renew - TEXT ONLY Fri 05/26 8:55 AM
TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, the application is incomplete because Plaintiff failed to provide the signature date. For this reason, the Clerk is directed to send Plaintiff a blank Prisoner IFP application . Plaintiff is given 21 days from the date of this Order to either return the completed application to this court for review and filing or pay the 350.00 dollar filing fee and 52.00 dollar administrative fee, a total of 402.00 dollars. This case shall be subject to dismissal for failure to obey an order of the Court if Plaintiff fails to return the completed IFP application or pay the 402.00 dollar filing fee by the deadline . CLERK TO FOLLOW UP Completed IFP due by 6/16/2023. Signed by Honorable Barry A Bryant on May 26, 2023. (klk)
Related: [-]
Thursday, May 25, 2023
15 15 motion Proceed In Forma Pauperis (42:1983) Thu 05/25 11:32 AM
MOTION for Leave to Proceed in forma pauperis (42:1983) by Wendell Brock Bennings. Motions referred to Barry A Bryant.(jlm)
Related: [-]
Monday, May 08, 2023
14 14 order Order Regarding IFP Application-Deficient or Renew - TEXT ONLY Mon 05/08 2:25 PM
TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, the application is incomplete because sections of the form were left blank, and the information concerning Plaintiff's inmate account was not submitted on the court-approved form for this District. As a result, required information was missing from the application. For this reason, the Clerk is directed to send Plaintiff a blank Prisoner IFP application . Plaintiff is given 21 days from the date of this Order to either return the completed application to this court for review and filing or pay the 350.00 dollar filing fee and 52.00 dollar administrative fee, a total of 402.00 dollars. This case shall be subject to dismissal for failure to obey an order of the Court if Plaintiff fails to return the completed IFP application or pay the 402.00 dollar filing fee by the deadline . CLERK TO FOLLOW UP Completed IFP due by 5/30/2023. Signed by Honorable Barry A Bryant on May 8, 2023. (klk)
Related: [-]
Thursday, May 04, 2023
13 13 misc Response to Order to Show Cause Thu 05/04 2:37 PM
RESPONSE TO ORDER TO SHOW CAUSE by Wendell Brock Bennings re 11 Order to Show Cause - Failure to Obey Order-TEXT ONLY. (jlm)
Related: [-]
Monday, April 24, 2023
12 12 cmp Amended Complaint Mon 04/24 1:40 PM
AMENDED COMPLAINT as to1 Complaint Referred (42:1983), against Nathan Burgett, Jimmy Caldwell, Steven Elrod, John Doe #1-15, Aaron Mann, Joel Ware, David Willcutt, William Coutch, Andrew Wells, Belinda Cosgrove, Robert Huffman, Chris Mcfee, Brainstetter, Mason, Patricia Sowell, Koreen Gates, Robin White, filed by Wendell Brock Bennings. Related document:1 Complaint Referred (42:1983), filed by Wendell Brock Bennings.(jlm)
Related: [-]
11 11 order Order to Show Cause - Failure to Obey Order-TEXT ONLY Mon 04/24 1:30 PM
TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to file a completed IFP application by April 4, 2023. This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 5/15/2023.. Signed by Honorable Barry A Bryant on April 24, 2023. (klk)
Related: [-]
Monday, April 17, 2023
10 10 order Order to Show Cause - Failure to Obey Order-TEXT ONLY Mon 04/17 2:34 PM
TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to File an Amended Complaint by April 5, 2023. This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 5/8/2023.. Signed by Honorable Barry A Bryant on April 17, 2023. (klk)
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Wednesday, March 15, 2023
9 9 order Order Regarding Complaint Deficiency - TEXT ONLY Wed 03/15 12:36 PM
TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff attached a several-page free-form narrative to his Complaint form. 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 4/5/2023. Signed by Honorable Barry A Bryant on March 15, 2023. (klk)
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Tuesday, March 14, 2023
6 6 notice Magistrate Notice/Consent Form Tue 03/14 12:35 PM
Magistrate Notice/Consent Form (tmc)
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5 5 order Order Regarding IFP Application-Deficient or Renew - TEXT ONLY Tue 03/14 12:11 PM
TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, the application is incomplete because sections of the form were left blank, and the information concerning Plaintiff's inmate account was not submitted on the court-approved form for this District. As a result, required information was missing from the application. For this reason, the Clerk is directed to send Plaintiff a blank Prisoner IFP application . Plaintiff is given 21 days from the date of this Order to either return the completed application to this court for review and filing or pay the 350.00 dollar filing fee and 52.00 dollar administrative fee, a total of 402.00 dollars. This case shall be subject to dismissal for failure to obey an order of the Court if Plaintiff fails to return the completed IFP application or pay the 402.00 dollar filing fee by the deadline . CLERK TO FOLLOW UP Completed IFP due by 4/4/2023. Signed by Honorable Barry A Bryant on March 14, 2023. (klk)
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4 4 order Order Tue 03/14 12:07 PM
TEXT ONLY ORDER directing the Clerk to strike the grant of IFP (ECF No. 3), as it was entered in error. Signed by Honorable Barry A Bryant on March 14, 2023. (klk)
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3 3 2 pgs order Order on Motion for Leave to Proceed In Forma Pauperis (42:1983) Tue 03/14 8:53 AM
***STRICKEN PER TEXT ONLY ORDER 4 *** ORDER granting2 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 March 13, 2023. (tmc) Modified on 3/14/2023 (bjb)
Related: [-]
Monday, March 13, 2023
8 8 motion Temporary Restraining Order Tue 03/14 12:40 PM
MOTION for Temporary Restraining Order by Wendell Brock Bennings. Motions referred to Barry A Bryant.(tmc) Modified to correct filing date on 3/14/2023 (tmc)
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7 7 motion Appoint Counsel Tue 03/14 12:39 PM
MOTION to Appoint Counsel by Wendell Brock Bennings. Motions referred to Barry A Bryant.(tmc) Modified to correct filing date on 3/14/2023 (tmc)
Related: [-]
2 2 motion Proceed In Forma Pauperis (42:1983) Tue 03/14 8:49 AM
MOTION for Leave to Proceed in forma pauperis (42:1983) by Wendell Brock Bennings. Motions referred to Barry A Bryant.(tmc)
Related: [-]
1 1 cmp Complaint Referred (42:1983) Tue 03/14 8:36 AM
COMPLAINT REFERRED (42:1983) against Nathan Burgett, Jimmy Caldwell, Belinda Cosgrove, William Coutch, Steven Elrod, Robert Huffman, John Doe #1-15, Aaron Mann, Chris Mcfee, Joel Ware, Andrew Wells, David Willcutt, filed by Wendell Brock Bennings.(tmc)
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Att: 1 Supplement Attachment-Summons/Claim