Smith v. Faust et al
| Thereasa L Smith |
| McPherson Unit, Nurzuhal Faust and Does Nursing Staff; McPherson Unit Employees Medical Prison Staff |
| 3:2020cv00390 |
| December 1, 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 |
| None |
Docket Report
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This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.
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| Filing 23 SUPPLEMENT to #20 Amended Complaint filed by Thereasa L Smith. (ljb) |
| Filing 22 SUPPLEMENT to #21 Motion to Appoint Counsel filed by Thereasa L Smith. (ljb) |
| Filing 21 MOTION to Appoint Counsel by Thereasa L Smith. (ljb) |
| Filing 20 AMENDED COMPLAINT against All Defendants filed by Thereasa L Smith. (ljb) |
Filing 19
PROPOSED FINDINGS AND RECOMMENDATIONS recommending Plaintiffs Complaint (Doc. No. #1 ) be DISMISSED without prejudice for failure to state a claim upon which relief may be granted; dismissal of this action count as a strike for purposes of 28 U.S.C. 1915(g); and the Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from any Order adopting these recommendations and the accompanying Judgment would not be taken in good faith. Objections due 14 days from the entry of this document. Signed by Magistrate Judge Joe J. Volpe on 01/26/2021. (wbb)
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Filing 18
ORDER denying as moot Plaintiff's motion for leave to proceed in forma pauperis #14 . Signed by Magistrate Judge Joe J. Volpe on 1/19/2021. (lej)
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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 to appoint counsel #15 . 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 her 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 she is capable of prosecuting her claims without appointed counsel. Signed by Magistrate Judge Joe J. Volpe on 1/15/2021. (lej)
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| Filing 16 NOTICE by Thereasa L Smith. (llg) |
| Filing 15 MOTION to Appoint Counsel by Thereasa L Smith. (llg) |
| Filing 14 MOTION for Leave to Proceed in forma pauperis by Thereasa L Smith. (llg) |
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Filing 13
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to extend time and for copies #12 . Plaintiff has until 1/25/2021 to file an amended complaint pursuant to #9 Order. The Clerk is directed to mail a copy of Doc. No. 9 and a habeas form to Plaintiff. Signed by Magistrate Judge Joe J. Volpe on 12/29/2020. (lej) (Docket text modified on 12/29/2020 to include the deadline for filing an amended complaint, pursuant to instructions from the Court.) (thd).
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| NOTICE OF DOCKET CORRECTION re 13 Order. CORRECTION: The docket text was modified to include the text "Plaintiff has until 1/25/2021 to file an amended complaint pursuant to #9 Order" based on instructions from the Court.(thd) |
| Filing 12 MOTION to Extend Time and MOTION for Copies by Thereasa L Smith. (kdr) |
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Filing 11
ORDER denying as moot Plaintiff's motion for leave to proceed in forma pauperis because she was granted in forma pauperis status already on 12/11/2020 #9 #10 . Signed by Magistrate Judge Joe J. Volpe on 12/18/2020. (lej)
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| NOTICE OF DOCKET CORRECTION re #10 MOTION for Leave to Proceed in forma pauperis. CORRECTION: The docket entry was modified to correct the file date as 12/14/2020 as marked on the document. (jak) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis by Thereasa L Smith. (wbb) (Docket entry modified on 12/15/2020 to correct the file date) (jak) |
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Filing 9
ORDER granting Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit #8 . The Clerk is directed to send a copy of this order to the McPherson Unit Warden, ADC Trust Bank, and ADC Compliance Office. The Clerk shall mail Plaintiff a new 1983 complaint form. If she wishes, Plaintiff may complete the new complaint form in its entirety in accordance with this order, mark it as an "Amended Complaint," and file it within 30 days of the date of this order. Plaintiff's failure to timely file an amended complaint may result in the dismissal of her claims pursuant to LR 5.5(c)(2). Signed by Magistrate Judge Joe J. Volpe on 12/11/2020. (lej)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis by Thereasa L Smith. (ljb) |
| Filing 7 NOTICE OF DOCKET CORRECTION re #6 Order. CORRECTION: The original document was attached in error (wrong case number) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #6 and is attached hereto for service on the parties.(jak) |
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Filing 6
ORDER denying Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit #2 . The Clerk shall mail to Plaintiff an Application to Proceed Without Prepayment of Fees with calculation sheet and certificate. Plaintiff shall submit within 30 days of the date of this order either: (1) the statutory filing fee of $402; or (2) a proper and complete Application to Proceed Without Prepayment of Fees and Affidavit, with the required calculation sheet and certified copy of her trust fund account statement for the preceding six months. Failure to do so may result in dismissal of this action without prejudice. Service is not appropriate at this time. Signed by Magistrate Judge Joe J. Volpe on 12/1/2020. (lej) (Additional attachment(s) added on 12/4/2020: #1 Main Document - Correct) (jak).
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Filing 5
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel #3 . 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 her 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 she is capable of prosecuting her claims without appointed counsel. Plaintiff's motion for status is granted #4 . The Clerk is directed to mail Plaintiff a docket sheet. Signed by Magistrate Judge Joe J. Volpe on 12/1/2020. (lej)
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| Filing 4 MOTION for Status by Thereasa L Smith. (llg) |
| Filing 3 MOTION to Appoint Counsel by Thereasa L Smith. (llg) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Thereasa L Smith. (llg) |
| Filing 1 COMPLAINT against All Defendants filed by Thereasa L Smith. (llg) |
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