Derx v. Yancey et al
| Dennis R Derx |
| D Yancey, McKenny and A Parham |
| 2:2018cv00138 |
| October 9, 2018 |
| US District Court for the Eastern District of Arkansas |
| D P Marshall |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 10
ORDER that the Clerk prepare summons and the USM serve Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 11/14/2018. (lej)
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| Summons Issued as to All Defendants and forwarded to the U.S. Marshal for service. (ljb) |
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Filing 9
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff be allowed to proceed with his First Amendment and RLUIPA religion claims against Defendants Yancey, Parham, and McKenny. Plaintiff's Fourteenth and Eighth Amendment claims be dismissed without prejudice for failure to state a claim upon which relief may be granted. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from any order adopting this partial recommendation would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 11/13/2018. (lej)
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| Filing 8 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Dennis R Derx.(llg) |
| Filing 7 NOTICE by Dennis R Derx. (llg) |
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Filing 6
ORDER granting Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit #1 . If Plaintiff wishes to amend his complaint, he may complete the new complaint form in its entirety in accordance with this order, mark it as "Amended Complaint," and file it within 30 days of the date of this order. Plaintiff's complaint, as it now stands, is deficient and may be dismissed after 30 days of the date of this order. Service is not appropriate at this time. Signed by Magistrate Judge Joe J. Volpe on 10/16/2018. (lej)
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Filing 5
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel #3 . 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 Plaintiff's need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual complexity of the case, the Plaintiff's ability to investigate and present his case, and the complexity of the legal issues. In considering these factors, the Court finds that Plaintiff's claims do not appear legally or factually complex, and it appears he is capable of prosecuting his claims without appointed counsel. Plaintiff's motion for leave to file exhibits is granted #4 . Signed by Magistrate Judge Joe J. Volpe on 10/15/2018. (lej)
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| Filing 4 MOTION for Leave to File Exhibits by Dennis R Derx. (cel) |
| Filing 3 MOTION to Appoint Counsel by Dennis R Derx. (kdr) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Dennis R Derx.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Dennis R Derx.(kdr) |
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