Doering v. Kelley et al
| Alan Doering |
| Cambell, Dycus, Wendy Kelley, Dale Reed, Greg Rechcigl, Andrews, Correct Care Solutions, Rory Griffin and Branch |
| 2:2019cv00045 |
| April 18, 2019 |
| US District Court for the Eastern District of Arkansas |
| James M Moody |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 OBJECTION to 38 Order by Alan Doering. (ljb) |
Filing 40
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for order #39 . Plaintiff previously requested to be placed in protective custody and that motion was denied. (Doc. Nos. 37-38.) Plaintiff's new motion mainly cites to incidents that have occurred to other inmates. Plaintiff has already been transferred to another unit so it appears ADC personnel are attempting to mitigate any threat. So, court intervention is not warranted at this time. Signed by Magistrate Judge Joe J. Volpe on 7/8/2019. (lej)
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| NOTICE OF DOCKET CORRECTION re #39 Motion. CORRECTION: The docket entry was modified to correct the filing event as "MOTION for Order" pursuant to instruction from Chambers. (jak) |
| Filing 39 MOTION for Order by Alan Doering. (cmn) (Docket entry modified on 7/8/2019 to correct the filing event pursuant to instruction from Chambers) (jak) |
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Filing 38
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER after careful consideration of Plaintiff's motion for protective custody, I find it is denied #37 . Signed by Magistrate Judge Joe J. Volpe on 6/27/2019. (lej)
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| Filing 37 MOTION for Order for Protective Custody by Alan Doering. (cmn) |
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Filing 36
ORDER of USCA: The Clerk of the district court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER as to #15 Notice of Appeal filed by Alan Doering. (cmn)
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Filing 35
ORDER of USCA as to #15 Notice of Appeal filed by Alan Doering: The $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to pay the fee in the district court or file a motion to proceed in forma pauperis in this court within 28 days of this order. (cmn)
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| Filing 34 USCA Docketing Letter as to #15 Notice of Appeal filed by Alan Doering. USCA Case Number 19-2340.(cmn) |
| Filing 33 NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to #15 Notice of Appeal re #8 Order.(cmn) |
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Filing 32
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for leave to appeal in forma pauperis, motion for emergency transfer, and motion for outside agency to test water #29 #30 #31 . Signed by Magistrate Judge Joe J. Volpe on 6/21/2019. (lej)
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| Filing 31 MOTION for Outside Agency to Test Water by Alan Doering. (ljb) |
| Filing 30 MOTION for Emergency Transfer by Alan Doering. (ljb) |
| Filing 29 MOTION for Leave to Appeal in forma pauperis by Alan Doering. (cmn) |
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Filing 28
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for order #27 . Inmate placement is within the discretion of the ADC and Plaintiff's transfer is not a remedy available through this motion. Signed by Magistrate Judge Joe J. Volpe on 6/19/2019. (lej)
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| Filing 27 MOTION for Emergency Transfer to Varner Supermax by Alan Doering. (cmn) |
| Filing 26 BRIEF IN SUPPORT of #25 Response in Opposition to Motion filed by Alan Doering. (llg) |
| Filing 25 RESPONSE in Opposition to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Alan Doering. (llg) |
| Filing 24 PROPOSED FINDINGS AND RECOMMENDATIONS that Defendants' motion to dismiss and motion to revoke in forma pauperis status be denied #18 #20 . Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 6/14/2019. (lej) |
| Filing 23 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
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Filing 22
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel #14 . 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. Signed by Magistrate Judge Joe J. Volpe on 6/10/2019. (lej)
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| Filing 21 BRIEF IN SUPPORT re #20 Motion for Order Revoking In Forma Pauperis Status filed by Andrews, Branch, Dycus, Wendy Kelley, Dale Reed. (Morrison, LaKesia) |
| Filing 20 MOTION for Order Revoking In Forma Pauperis Status by Andrews, Branch, Dycus, Wendy Kelley, Dale Reed (Morrison, LaKesia) |
| Filing 19 BRIEF IN SUPPORT re #18 Motion to Dismiss for Failure to State a Claim filed by Andrews, Branch, Dycus, Wendy Kelley, Dale Reed. (Morrison, LaKesia) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Andrews, Branch, Dycus, Wendy Kelley, Dale Reed (Morrison, LaKesia) |
| Filing 17 NOTICE of Appearance by LaKesia Rhea Morrison on behalf of All Defendants (Morrison, LaKesia) |
| Filing 16 APPELLATE FILING FEE NOTICE to Plaintiff. Response due by 7/8/2019. (cmn) |
| Filing 15 NOTICE OF APPEAL as to #8 Order by Alan Doering. (cmn) |
| Filing 14 MOTION to Appoint Counsel by Alan Doering. (kdr) |
| Filing 13 SUMMONS Returned Executed. Dale Reed served on 5/20/2019. (fjg) |
| Filing 12 SUMMONS Returned Executed. Wendy Kelley served on 5/20/2019. (fjg) |
| Filing 11 SUMMONS Returned Executed. Dycus served on 5/20/2019. (fjg) |
| Filing 10 SUMMONS Returned Executed. Branch served on 5/20/2019. (fjg) |
| Filing 9 SUMMONS Returned Executed. Andrews served on 5/20/2019. (fjg) |
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Filing 8
ORDER approving and adopting in its entirety #6 Recommendation as this Court's findings in all respects; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Plaintiff may proceed with his failure to protect and contaminated water claims against Defendants Kelley, Reed, Andrews, Dycus, and Branch. Plaintiff's remaining conditions of confinement claims against Kelley, Reed, Andrews, Dycus, and Branch are dismissed without prejudice. Plaintiff's inadequate medical care claim against Defendants Griffin, Rechcigl, Correct Care Solutions, and Cambell are dismissed without prejudice. Signed by Judge James M. Moody Jr. on 5/28/2019. (ljb)
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| Filing 7 OBJECTION to #6 Proposed Findings and Recommendations by Alan Doering. (ljb) |
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Filing 6
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff be allowed to proceed with his failure to protect and contaminated water claims against Defendants Kelley, Reed, Andrews, Dycus, and Branch. Plaintiff's remaining conditions of confinement claims against Kelley, Reed, Andrews, Dycus, and Branch be dismissed without prejudice. Plaintiff's inadequate medical care claim against Defendants Griffin, Rechcigl, Correct Care Solutions, and Cambell be dismissed without prejudice. 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 5/14/2019. (lej)
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Filing 5
ORDER granting Plaintiff's Application to Proceed In Forma Pauperis #1 . The Clerk is directed to prepare summons and the USM shall serve Defendants Kelley, Reed, Andrews, Dycus, and Branch without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 5/14/2019. (lej)
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| Summons Issued as to Andrews, Branch, Dycus, Wendy Kelley, Dale Reed and forwarded to the U.S. Marshal for service. (ljb) |
| Filing 4 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Alan Doering. (llg) |
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Filing 3
ORDER holding in abeyance Plaintiff's Application to Proceed Without Prepayment of Fees #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. Signed by Magistrate Judge Joe J. Volpe on 5/1/2019. (lej)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Alan Doering. (ljb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Alan Doering. (ljb) |
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