Hastings v. Wilbur et al
| Steven Hastings |
| Kimberley Brown, Steven R Puckett, Alec J Wilbur, Lori Reaves, Nurzuhal Faust, Justin Nathaniel Peter, Marvorrie Hall, Shawn Richard, Reed D Marshall, Jerremy Wilson and Andrew Schubert |
| 3:2020cv00160 |
| June 10, 2020 |
| US District Court for the Eastern District of Arkansas |
| D P Marshall |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on December 7, 2022. A more recent docket listing may be available from PACER.
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Filing 20
ORDER overruling Hastings's embedded objection about being denied counsel, Doc. #19 . The Court adopts the partial recommendation, #5 , and supplemental partial recommendation #14 as modified. The Court directs the Clerk to amend the docket to reflect that Doc. #7 is a supplement to Doc. #4 . Hastings may proceed with the claims against Brown and Hall in his #4 amended complaint, the claims against Richard and Wilson in his #7 supplement, and the claims against Wilbur and Puckett in both. The official capacity damages claims against Wilbur and Puckett are dismissed without prejudice. And all claims against Faust, Schubert, Reaves, Peter, and Marshall are dismissed without prejudice. Signed by Chief Judge D. P. Marshall Jr. on 7/31/2020. (jak)
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| Filing 19 OBJECTIONS to #5 and #14 Proposed Findings and Recommendations and 15 Order by Steven Hastings. (llg) |
| NOTICE OF DOCKET CORRECTION re #18 Answer. CORRECTION: The docket text was modified to remove duplicate text.(jak) |
| Filing 18 ANSWER to #2 Complaint, #7 Amended Complaint, #4 Amended Complaint with Jury Demand by Steven R Puckett, Alec J Wilbur.(Land, Amanda) (Docket text modified on 7/22/2020 to remove duplicate text)(jak) |
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Filing 17
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for order #16 . Signed by Magistrate Judge Joe J. Volpe on 7/17/2020. (lej)
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| Filing 16 MOTION for Order by Steven Hastings. (kdr) |
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Filing 15
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel #8 . 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. After careful consideration of Plaintiff's motion for mental health examination and motion for order, I find they should be denied at this time #9 #10 . Signed by Magistrate Judge Joe J. Volpe on 7/15/2020. (lej)
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Filing 14
PROPOSED FINDINGS AND RECOMMENDATIONS that the claims in Plaintiff's second amended complaint against Defendant Reaves be dismissed without prejudice for failure to state a claim. Defendant Reaves be dismissed from this action. The claims in Plaintiff's second amended complaint against Defendant Schubert be dismissed without prejudice for failure to state a claim. Defendant Schubert be dismissed from this action. The claims in Plaintiff's second amended complaint against Defendants Puckett, Wilbur, Hall, and Faust be dismissed for failure to state a claim. The claims in Plaintiff's second amended complaint against Defendants Peter and Marshall be dismissed without prejudice as improperly joined. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from any order adopting these recommendations 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 7/15/2020. (lej)
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Filing 13
ORDER that the Clerk prepare summons and the USM serve Defendants Wilson and Richard without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 7/15/2020. (lej)
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| Filing 12 NOTICE of Appearance by Amanda Denise Land on behalf of Steven R Puckett, Alec J Wilbur (Land, Amanda) |
| Summons Issued as to Shawn Richard, Jerremy Wilson and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 11 NOTICE by Steven Hastings. (ljb) |
| Filing 10 MOTION for Order by Steven Hastings. (ljb) |
| Filing 9 MOTION for Mental Health Examination by Steven Hastings. (ljb) |
| Filing 8 MOTION to Appoint Counsel by Steven Hastings. (ljb) |
| Filing 7 SUPPLEMENT re #4 Amended Complaint filed by Steven Hastings. (ljb) [Docket entry modified to correct the Filing Event pursuant to #20 Order] (jak) |
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Filing 6
ORDER directing the Clerk of the Court to prepare Summons for Defendants Wilbur, Brown, Puckett, and Hall; and directing the U.S. Marshal to serve a copy of the #4 Amended Complaint, Summons, and this Order on each of them without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 6/24/2020. (jbh)
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Filing 5
PROPOSED FINDINGS AND RECOMMENDATIONS recommending Plaintiff's official capacity damages claims against Defendants Wilbur, Puckett, Faust, Peter, and Marshall claims be dismissed without prejudice; recommending Plaintiff's claims against Defendants Faust, Wilson, Schubert, Reaves, Richard, Peter, and Marshall be dismissed without prejudice for failure to state a claim on which relief may be granted; recommending Defendants Faust, Wilson, Schubert, Reaves, Richard, Peter, and Marshall be dismissed from this action; and recommending the Court certify that an in forma pauperis appeal from any Order adopting these recommendations 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 6/24/2020. (jbh)
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| Summons Issued as to Kimberley Brown, Marvorrie Hall, Steven R Puckett, Alec J Wilbur and forwarded to USMS for service. (ajt) |
| Filing 4 AMENDED COMPLAINT against All Defendants filed by Steven Hastings. (llg) |
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Filing 3
ORDER granting #1 Motion to proceed in forma pauperis. Plaintiff's present custodian is directed to collect monthly payments from his institutional account and forward them to the Clerk of Court until the total $350 has been collected. The Clerk of the Court is directed to send a copy of this Order to the Warden of the North Central Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office. The Clerk of Court is directed to send Plaintiff a blank 1983 complaint form. If Plaintiff wishes to amend his complaint, he may submit the new complaint 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 6/11/2020. (jak)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Steven Hastings. (llg) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Steven Hastings. (llg) |
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