Pitts v. Kerstein et al
| Kenneth Ray Pitts |
| Gary Kerstein, Tracy Bennett, Emma C Hatchett, Rory Griffin, Aundrea Culclager, Doe and Charlotte Gardner |
| 2:2024cv00021 |
| February 7, 2024 |
| US District Court for the Eastern District of Arkansas |
| Patricia S Harris |
| Brian S Miller |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 MOTION for Reconsideration re #20 Order by Kenneth Ray Pitts. (csf) |
| Filing 25 SUMMONS Returned Executed. Tracy Bennett served on 3/1/2024. (ajj) |
| Filing 24 SUMMONS Returned Executed. Gary Kerstein served on 3/1/2024. (ajj) |
| Filing 23 NOTICE OF DOCKET CORRECTION re #12 MOTION to Appoint Counsel. CORRECTION: The original document was attached in error (illegible image file) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #12 and is attached hereto for review by the parties. (jak) |
| NOTICE OF DOCKET CORRECTION re #22 Motion. CORRECTION: The docket entry was modified to correct the docket event and description as follows, "MOTION for Leave to Appeal by Kenneth Ray Pitts." (jbh) |
| Filing 22 MOTION for Leave to Appeal by Kenneth Ray Pitts. (jbh) (Docket entry modified on 3/26/2024 to correct the filing event pursuant to instruction from Chambers.) (jbh) |
| Filing 21 MOTION for Leave to Proceed in forma pauperis by Kenneth Ray Pitts. (jbh) |
Filing 20
ORDER adopting #5 partial recommended disposition; dismissing without prejudice Kenneth Pitts's claims against Emma Hatchett, Rory Griffin, and Aundrea Culclager; and denying #14 Pitts's motion for Rule 11 sanctions. Signed by Judge Brian S. Miller on 3/13/2024. (ljb)
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| Filing 19 ANSWER to #2 Complaint by Charlotte Gardner.(Almefty, Kynda) |
| Summons Issued as to Charlotte Gardner and forwarded to U.S. Marshal for service. (ldb) |
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Filing 18
ORDER denying #11 #15 Motions to Amend Complaint; directing the Clerk of Court to replace the Doe defendant on the docket sheet with Gardner; directing the Clerk of Court to prepare a summons for Gardner; and directing the U.S. Marshal to serve a copy of #2 complaint and summons on her without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Patricia S. Harris on 3/6/2024. (ldb)
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Filing 17
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #12 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 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 at this time. Signed by Magistrate Judge Patricia S. Harris on 3/4/2024. (cfd)
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Filing 16
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying as moot #13 Motion for Leave to Proceed in forma pauperis. See Doc. No. #4 . Signed by Magistrate Judge Patricia S. Harris on 3/4/2024. (cfd)
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| Filing 15 MOTION for Leave to File an Amended Complaint by Kenneth Ray Pitts. (ldb) |
| Filing 14 MOTION for Rule 11 and Objection to Magistrate Judge Decision and Order by Kenneth Ray Pitts. (ldb) |
| Filing 13 MOTION for Leave to Proceed in forma pauperis by Kenneth Ray Pitts. (ldb) |
| Filing 12 MOTION to Appoint Counsel by Kenneth Ray Pitts. (ldb) (Additional attachment(s) added on 4/3/2024: #1 Main Document - Correct) (jak). |
| Filing 11 MOTION for Leave to File an Amended Complaint by Kenneth Ray Pitts. (ldb) |
| Filing 10 OBJECTION to #5 Proposed Findings and Partial Recommendation, by Kenneth Ray Pitts. (ldb) |
| Filing 9 RESPONSE to #8 Answer to #2 Complaint, by Kenneth Ray Pitts. (ldb) |
| Filing 8 ANSWER to #2 Complaint by Tracy Bennett, Emma C Hatchett, Gary Kerstein.(Almefty, Kynda) |
| Filing 7 NOTICE OF DOCKET CORRECTION re #6 Order. CORRECTION: The original document was submitted in error (wrong image file) due to a clerical mistake by the Clerk's office. The correct document was added to #6 and hereto for review by the parties. (kbc) |
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Filing 6
ORDER directing the Clerk of the Court to prepare summonses for Dr. Gary Kerstein and APN Tracy Bennett; directing the U.S. Marshal to serve a copy of #2 complaint and a summons on them without prepayment of fees and costs or security therefor; and directing Pitts to provide a name for the unnamed Doe defendant within 90 days. Signed by Magistrate Judge Patricia S. Harris on 02/20/2024. (llg) Additional attachment added on 2/20/2024: #1 Main Document - Correct. (kbc)
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| Filing 5 PROPOSED FINDINGS AND PARTIAL RECOMMENDATION recommending Pitts' claims against Hatchett, Griffin, and Culclager be dismissed without prejudice. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Patricia S. Harris on 02/20/2024. (llg) |
| Summons Issued as to Tracy Bennett and Gary Kerstein and forwarded to the U.S. Marshal for service. (llg) |
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Filing 4
INITIAL ORDER FOR PRO SE PRISONER PLAINTIFFS granting #1 IFP motion; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk to send a copy of this Order to the Warden of the East Arkansas Regional Unit and the appropriate ADC Offices; and denying #3 Pitts' motion requesting a list of all post offices in Little Rock, Arkansas. Signed by Magistrate Judge Patricia S. Harris on 2/15/2024. (ldb)
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| Filing 3 MOTION for Order by Kenneth Ray Pitts. (ldb) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Kenneth Ray Pitts. (ldb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Kenneth Ray Pitts. (ldb) |
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