Pitts v. Kerstein et al
Plaintiff: Kenneth Ray Pitts
Defendant: Gary Kerstein, Tracy Bennett, Emma C Hatchett, Rory Griffin, Aundrea Culclager, Doe and Charlotte Gardner
Case Number: 2:2024cv00021
Filed: February 7, 2024
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Patricia S Harris
Referring Judge: Brian S Miller
Nature of Suit: Prison Condition: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2024 Filing 26 MOTION for Reconsideration re #20 Order by Kenneth Ray Pitts. (csf)
April 3, 2024 Filing 25 SUMMONS Returned Executed. Tracy Bennett served on 3/1/2024. (ajj)
April 3, 2024 Filing 24 SUMMONS Returned Executed. Gary Kerstein served on 3/1/2024. (ajj)
April 3, 2024 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)
March 26, 2024 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)
March 19, 2024 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)
March 19, 2024 Filing 21 MOTION for Leave to Proceed in forma pauperis by Kenneth Ray Pitts. (jbh)
March 13, 2024 Opinion or Order 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)
March 12, 2024 Filing 19 ANSWER to #2 Complaint by Charlotte Gardner.(Almefty, Kynda)
March 7, 2024 Summons Issued as to Charlotte Gardner and forwarded to U.S. Marshal for service. (ldb)
March 6, 2024 Opinion or Order 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)
March 4, 2024 Opinion or Order 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)
March 4, 2024 Opinion or Order 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)
March 4, 2024 Filing 15 MOTION for Leave to File an Amended Complaint by Kenneth Ray Pitts. (ldb)
March 4, 2024 Filing 14 MOTION for Rule 11 and Objection to Magistrate Judge Decision and Order by Kenneth Ray Pitts. (ldb)
March 4, 2024 Filing 13 MOTION for Leave to Proceed in forma pauperis by Kenneth Ray Pitts. (ldb)
March 4, 2024 Filing 12 MOTION to Appoint Counsel by Kenneth Ray Pitts. (ldb) (Additional attachment(s) added on 4/3/2024: #1 Main Document - Correct) (jak).
March 4, 2024 Filing 11 MOTION for Leave to File an Amended Complaint by Kenneth Ray Pitts. (ldb)
March 4, 2024 Filing 10 OBJECTION to #5 Proposed Findings and Partial Recommendation, by Kenneth Ray Pitts. (ldb)
March 4, 2024 Filing 9 RESPONSE to #8 Answer to #2 Complaint, by Kenneth Ray Pitts. (ldb)
February 20, 2024 Filing 8 ANSWER to #2 Complaint by Tracy Bennett, Emma C Hatchett, Gary Kerstein.(Almefty, Kynda)
February 20, 2024 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)
February 20, 2024 Opinion or Order 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)
February 20, 2024 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)
February 20, 2024 Summons Issued as to Tracy Bennett and Gary Kerstein and forwarded to the U.S. Marshal for service. (llg)
February 15, 2024 Opinion or Order 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)
February 7, 2024 Filing 3 MOTION for Order by Kenneth Ray Pitts. (ldb)
February 7, 2024 Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Kenneth Ray Pitts. (ldb)
February 7, 2024 Filing 1 MOTION for Leave to Proceed in forma pauperis by Kenneth Ray Pitts. (ldb)

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Plaintiff: Kenneth Ray Pitts
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Defendant: Gary Kerstein
Represented By: Kynda Almefty
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Defendant: Tracy Bennett
Represented By: Kynda Almefty
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Defendant: Emma C Hatchett
Represented By: Kynda Almefty
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Defendant: Rory Griffin
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Defendant: Aundrea Culclager
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Defendant: Doe
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Defendant: Charlotte Gardner
Represented By: Kynda Almefty
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