Jackson v. Cox et al
| Clayton M Jackson |
| Jeremy Hammons, James Glenn, Cody Kelley, Robert Jeremy Hammons, Brent Cox and Wesley Massing |
| 3:2020cv00389 |
| November 30, 2020 |
| US District Court for the Eastern District of Arkansas |
| D P Marshall |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 12 SUMMONS Returned Executed. James Glenn served on 1/14/2021. (bmd) |
| Filing 11 SUMMONS Returned Executed. Brent Cox served on 1/14/2021. (bmd) |
Filing 10
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff be allowed to proceed with his July and September 2020 failure to protect and due process claims against Defendants Cox and Glenn, and all other claims against them be dismissed without prejudice. All claims against Defendants Kelley, Hammons, and Massing be dismissed without prejudice. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting these recommendations 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 1/11/2021. (lej)
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Filing 9
ORDER that the Clerk prepare summons and the USM serve Defendants Glenn and Cox without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 1/11/2021. (lej)
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| Summons Issued as to Brent Cox, James Glenn and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 8 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Clayton M Jackson. (llg) |
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Filing 7
ORDER overruling #5 Objection. Magistrate Judge Volpe did not clearly err or misapply the law in screening Jackson's #3 complaint. If Jackson wants to pursue this case, then he must submit an amended complaint that complies with the 12/4/2020 Order. Amended complaint due by 1/15/2021. Signed by Chief Judge D. P. Marshall Jr. on 12/30/2020. (jak)
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Filing 6
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel #4 . 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. Signed by Magistrate Judge Joe J. Volpe on 12/29/2020. (lej)
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| Filing 5 OBJECTIONS to #3 Order filed by Clayton M Jackson. (llg) |
| Filing 4 MOTION to Appoint Counsel by Clayton M Jackson. (llg) |
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Filing 3
ORDER granting Plaintiff's IFP Application #1 . The Clerk shall mail a copy of this order to the Greene County Detention Facility Administrator. Service is not appropriate at this time. The Clerk shall mail a 42 U.S.C. 1983 complaint form to Plaintiff with a copy of this order. If Plaintiff wishes to amend his complaint, he may complete the new complaint form in its entirety 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 12/4/2020. (lej)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Clayton M Jackson. (ljb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Clayton M Jackson. (ljb) |
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