Everett v. Richard et al
| Christopher Everett |
| Dexter Payne, Brian Sights, Ricketts, Andrew Shubert, Pierce, Faust, Wilson, Bob Parker, Shawn Richard, Moses Jackson and Rory Griffin |
| 3:2020cv00220 |
| August 4, 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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| Filing 15 Summons Returned Unexecuted as to Shawn Richard. (fjg) |
| Filing 14 ANSWER to #4 Amended Complaint with Jury Demand by Faust, Pierce.(Middleton, Rosalyn) |
| Filing 13 NOTICE of Appearance by Rosalyn L. Middleton on behalf of Faust, Pierce (Middleton, Rosalyn) |
| Filing 12 SUMMONS Returned Executed. Faust served on 9/16/2020. (fjg) |
| Filing 11 SUMMONS Returned Executed. Pierce served on 9/16/2020. (fjg) |
Filing 10
ORDER adopting #5 recommendation. Everett may proceed with his individual capacity claims against Richard, Faust, and Pierce about his conditions of confinement and deliberate indifference to his serious medical needs. All other claims and Defendants are dismissed without prejudice. Signed by Chief Judge D. P. Marshall Jr. on 9/29/2020. (jak)
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Filing 9
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER after careful consideration of Plaintiff's motion for medical examination, I find it should be denied at this time #7 . Plaintiff's motion to appoint counsel is denied #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. Signed by Magistrate Judge Joe J. Volpe on 8/28/2020. (lej)
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| Filing 8 MOTION to Appoint Counsel by Christopher Everett. (llg) |
| Filing 7 MOTION for Examination by Outside Psychologist by Christopher Everett. (llg) |
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Filing 6
ORDER directing the Clerk of the Court to prepare summons for defendants Richard, Pierce, and Faust. The U.S. Marshal shall 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 8/14/2020. (jak)
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Filing 5
PROPOSED FINDINGS AND RECOMMENDATIONS recommending that Plaintiff's official capacity damages claims be dismissed without prejudice, plaintiff's claims regarding the violation of prison policy be dismissed without prejudice, plaintiff's retaliation claims be dismissed without prejudice, plaintiff's claims against Defendants Shubert, Sights, Wilson, Griffin, Payne, Parker, Ricketts, and Jackson be dismissed without prejudice for failure to state a claim on which relief may be granted, and Defendants Shubert, Sights, Wilson, Griffin, Payne, Parker, Ricketts, and Jackson be dismissed from this action. The Court should certify that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. Objections due 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 8/14/2020. (jak)
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| Summons Issued as to Faust, Pierce, Shawn Richard and forwarded to USMS for service. (ajt) |
| Filing 4 AMENDED COMPLAINT against All Defendants filed by Christopher Everett. (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 plaintiff's institutional account and forward them to the Clerk of Court until a total of $350 has been paid. 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 the Court is directed to send plaintiff a blank 1983 complaint form. If Plaintiff wishes to amend his complaint, he may submit the new complaint within 30 days of the date of this Order. Signed by Magistrate Judge Joe J. Volpe on 8/5/2020. (jak)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Christopher Everett. (llg) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Christopher Everett. (llg) |
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