Lane v. King et al
| Adam Lane |
| Jackson, Natasha Hammock, Leavy Watson, Payne, Richardson, Lane, Davis, Josephus J King, Jr, Stroughn, Aarin Mitchell, Graham and Taylor |
| 2:2024cv00097 |
| May 22, 2024 |
| U.S. District Court for the Eastern District of Arkansas |
| Brian S Miller |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 36
ORDER that the Clerk shall correct Defendant's name on the docket sheet to Leavy Watson and prepare a summons for him. The USMS shall serve Defendant Watson without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Joe J. Volpe on 7/18/2024. (lej)
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| Summons Reissued as to Leavy Watson and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 35 Summons Returned Unexecuted as to Natasha Hammock. (ajj) |
| Filing 34 Summons Returned Unexecuted as to Aarin Mitchell. (ajj) |
| Filing 33 SUMMONS Returned Executed. Josephus J King, Jr served on 7/3/2024. (ajj) |
| Filing 32 SUMMONS Returned Executed. Jackson served on 7/3/2024. (ajj) |
| Filing 31 SUMMONS Returned Executed. Richardson served on 7/3/2024. (ajj) |
| Filing 30 SUMMONS Returned Executed. Taylor served on 7/3/2024. (ajj) |
| Filing 29 SUMMONS Returned Executed. Lane served on 7/3/2024. (ajj) |
| Filing 28 SUMMONS Returned Executed. Graham served on 7/3/2024. (ajj) |
| Filing 27 SUMMONS Returned Executed. Stroughn served on 7/3/2024. (ajj) |
| Filing 26 SUMMONS Returned Executed. Payne served on 7/3/2024. (ajj) |
| Filing 25 SUMMONS Returned Executed. Davis served on 7/3/2024. (ajj) |
| Filing 24 Summons Returned Unexecuted as to Watsin. Address Under Seal. (ajj) |
| Filing 23 NOTICE OF DOCKET CORRECTION re #4 Memorandum. CORRECTION: The original document was attached in error (lack of case number) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #4 and is attached hereto for review by the parties. (jak) |
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Filing 22
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER pursuant to the information in the answer (Doc. 18), the Clerk of Court shall amend the docket sheet to reflect that Defendants' full names are Natasha Hammock and Aarin Mitchell. Signed by Magistrate Judge Joe J. Volpe on 7/12/2024. (lej)
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Filing 21
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #20 Motion to File Supplemental Complaint. Plaintiff filed his Amended Complaint one month ago, (Doc. No. 13), and now wishes to amend again to add Debra Mills as a defendant because, as grievance coordinator, she "failed to report and investigate and take corrective action." (Doc. No. 20.) Plaintiff is unlikely to succeed on this claim. Thus, his amendment would be futile and must be denied. Signed by Magistrate Judge Joe J. Volpe on 7/10/2024. (lej)
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| Filing 20 MOTION to File Supplemental Complaint by Adam Lane. (ldb) |
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Filing 19
ORDER adopting #16 partial recommended disposition; allowing Adam Lane to proceed with his claims against King, Jackson, Richardson, Taylor, Lane, Graham, Watsin, Mitchell, Hammock, Davis, Stroughn, and Payne arising from King's use of force on 2/11/2024; dismissing all other claims without prejudice as improperly joined; and dismissing without prejudice Mills and McFarland as parties. An in forma pauperis appeal from this order would not be taken in good faith. Signed by Judge Brian S. Miller on 7/9/2024. (ljb)
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| Filing 18 ANSWER to #13 Amended Complaint by Hammock, Mitchell.(Almefty, Kynda) |
| Filing 17 NOTICE of Change of Address by Adam Lane. (ldb) |
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Filing 16
PARTIAL RECOMMENDED DISPOSITION that Plaintiff be allowed to proceed with claims against Defendants King, Jackson, Richardson, Taylor, Lane, Graham, Watsin, Mitchell, Hammock, Davis, Stroughn, and Payne arising from Defendant King's 2/11/2024 use of force. All other claims be dismissed without prejudice as improperly joined. Defendants Mills and McFarland be dismissed without prejudice as parties to this lawsuit. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting this recommendation would not be taken in good faith. Objections due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 6/20/2024. (lej)
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Filing 15
ORDER that the Clerk shall prepare summonses and the USMS shall serve Defendants King, Jackson, Richardson, Taylor, Lane, Graham, Watsin, Stroughn, Payne, Davis, Hammock, and Mitchell without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Joe J. Volpe on 6/20/2024. (lej)
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| Filing 14 DECLARATION by Adam Lane. (ajj) |
| Summons Issued as to Davis, Graham, Hammock, Jackson, Josephus J King, Jr, Lane, Mitchell, Payne, Richardson, Stroughn, Taylor, Watsin and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 13 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Adam Lane. (ajj) |
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Filing 12
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #9 Motion for Copies. The Clerk's Office mailed Plaintiff a copy of his ninety-five-page file marked complaint. Plaintiff shall remain patient as it makes it way through the mail. Inasmuch as Plaintiff asks for a status update, the Clerk shall mail Plaintiff a copy of the docket sheet. Signed by Magistrate Judge Joe J. Volpe on 6/4/2024. (lej)
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Filing 11
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #7 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 the 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 Plaintiff is capable of prosecuting these claims without appointed counsel. Signed by Magistrate Judge Joe J. Volpe on 6/3/2024. (lej)
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| Filing 10 MEMORANDUM of Law in support of #3 MOTION for Preliminary Injunction and Temporary Restraining Order, filed by Adam Lane. (ajj) |
| Filing 9 MOTION for Copies and Status Update by Adam Lane. (ajj) |
| Filing 8 REQUEST for Production of Documents by Adam Lane.(ajj) |
| Filing 7 MOTION to Appoint Counsel by Adam Lane. (ajj) |
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Filing 6
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. The Clerk shall mail a copy of this order to the EARU Warden, ADC Trust Bank, and ADC Compliance Office. Service is not appropriate at this time. The Clerk shall mail a 42 U.S.C. 1983 complaint form (but not an IFP Application) to Plaintiff with a copy of this order. If Plaintiff wishes to amend the complaint, he must complete the new complaint form in its entirety in accordance with this order, label it an "Amended Complaint," and file it within 30 days of the date of this order. Plaintiff's complaint, as it now stands, is partially deficient and some of his claims may be dismissed after 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 5/29/2024. (lej)
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Filing 5
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #3 Motion for Preliminary Injunction and #3 Motion for TRO. Plaintiff's motion wholly fails to comply with the Federal Rules of Civil Procedure and must be denied. See Federal Rule of Civil Procedure 65. Signed by Magistrate Judge Joe J. Volpe on 5/22/2024. (lej)
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| Filing 4 MEMORANDUM of Law by Adam Lane. (csf) (Additional attachment(s) added on 7/17/2024: #1 Main Document - Correct) (jak). |
| Filing 3 MOTION for Preliminary Injunction and Temporary Restraining Order, and Declaration, by Adam Lane. (csf) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Adam Lane.(csf) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Adam Lane. (csf) |
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