Hill v. Page et al
| Adam Hill |
| Dexter Payne, Creasey, William Straughn, Dillard, Cantrell, Janice Blake, Wilson, K Davis, Rogers, Rodriguez, Harmon, Kopp, Morton, Young, Joe Page, III, Morris, Alexander and Ramsey |
| 3:2021cv00046 |
| February 23, 2021 |
| US District Court for the Eastern District of Arkansas |
| Joe J Volpe |
| Billy Roy Wilson |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 34 BRIEF IN SUPPORT re #33 Motion to Dismiss for Failure to State a Claim filed by K Davis, Joe Page, III, Dexter Payne, William Straughn, Young. (Garner, Jerry) |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by K Davis, Joe Page, III, Dexter Payne, William Straughn, Young (Garner, Jerry) |
| Filing 32 NOTICE of Appearance by Jerry D. Garner on behalf of K Davis, Joe Page, III, Dexter Payne, William Straughn, Young (Garner, Jerry) |
Filing 31
ORDER directing the Clerk of Court to prepare a summons for Defendant Creasey at his last known private mailing address, which has been filed under seal. The U.S. Marshal shall serve the summons, #4 Amended Complaint, #8 Order, and this Order on him without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 4/20/2021. (jak)
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| Filing 30 SUMMONS Returned Executed. Young c/o ADC Compliance Division served on 4/6/2021. (llg) |
| Filing 29 SUMMONS Returned Executed. William Straughn c/o ADC Compliance Division served on 4/6/2021. (llg) |
| Filing 28 SUMMONS Returned Executed. Dexter Payne c/o ADC Compliance Division served on 4/6/2021. (llg) |
| Filing 27 SUMMONS Returned Executed. Joe Page, III c/o ADC Compliance Division served on 4/6/2021. (llg) |
| Filing 26 SUMMONS Returned Executed. K Davis c/o ADC Compliance Division served on 4/6/2021. (llg) |
| Filing 25 Summons Returned Unexecuted as to Creasey. Address under seal. (llg) |
| Summons Reissued as to Creasey and forwarded to USMS for service. (ajt) |
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Filing 24
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel #21 . 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 4/12/2021. (lej)
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| Filing 23 MEMORANDUM of Law in Support of #21 Motion to Appoint Counsel filed by Adam Hill. (ljb) |
| Filing 22 DECLARATION IN SUPPORT of #21 Motion to Appoint Counsel filed by Adam Hill. (ljb) |
| Filing 21 MOTION to Appoint Counsel by Adam Hill. (ljb) |
| Filing 20 NOTICE of Address by Adam Hill. (llg) |
| Filing 19 NOTICE OF DOCKET CORRECTION re #17 Order. CORRECTION: The original document was attached in error (extra blank page). The correct document was added to docket entry #17 and is attached hereto for service on the parties.(jak) |
| Filing 18 NOTICE of Change of Address by Adam Hill. (ljb) |
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Filing 17
ORDER approving and adopting #7 Partial Recommended Disposition in all respects; allowing Plaintiff to proceed with his Eighth Amendment failure to protect claim against Defendants Payne, Straughn, Page, Davis, Young, and Creasey in their individual capacities only; dismissing without prejudice all other claims; dismissing without prejudice Defendants Cantrell, Alexander, Captain Rogers, Secretary Rogers, Morris, Harmon, Blake, Morton, Corporal Wilson, Sergeant Wilson, Rodriguez, Kopp, Dillard, and Ramsey as parties to this lawsuit; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 03/29/2021. (ajt) (Additional attachment(s) added on 3/29/2021: #1 Main Document - Correct) (jak).
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Filing 16
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to strike #14 . Signed by Magistrate Judge Joe J. Volpe on 3/25/2021. (lej)
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| Filing 15 LATEST OBJECTION to #7 Proposed Findings and Recommendations by Adam Hill. (ljb) |
| Filing 14 MOTION to Strike #12 Objection to Report and Recommendations by Adam Hill. (ljb) |
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Filing 13
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #11 Motion for Copies. Plaintiff's complaint is 117 pages long and a file marked copy would have already been mailed to him. Signed by Magistrate Judge Joe J. Volpe on 3/19/2021. (lej)
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| Filing 12 OBJECTION to #7 Report and Recommendations by Adam Hill. (kdr) |
| Filing 11 MOTION for Copy of Amended Complaint by Adam Hill. (kdr) |
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Filing 10
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to amend his complaint #9 . Plaintiff has not filed a motion explaining how the proposed Second Amended Complaint is different from the Amended Complaint. See Fed. R. Civ. P. 15(a); Local Rule 7.2. Signed by Magistrate Judge Joe J. Volpe on 3/18/2021. (lej)
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| NOTICE OF DOCKET CORRECTION re #9 Amended Complaint. CORRECTION: The docket entry was modified to correct the filing event and the description of the document filed to be "MOTION to Amend Complaint". (thd) |
| Filing 9 MOTION to Amend Complaint filed by Adam Hill. (ljb) (Docket entry modified on 3/18/2021 to correct the filing event and the description of the document filed.) (thd). |
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Filing 8
ORDER directing the Clerk of Court to prepare a summons for Defendants Creasey, Payne, Straughn, Page, Davis, and Young and directing the U.S. Marshal to serve the summons, #4 Amended Complaint, and this Order on Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 3/15/2021. (jak)
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Filing 7
PROPOSED FINDINGS AND RECOMMENDATIONS recommending that plaintiff be allowed to proceed with his Eighth Amendment failure to protect claim against Defendants PAyne, Straughn, Page, Davis, Young, and Creasey in their individual capacities only. All other claims should be dismissed without prejudice. Defendants Cantrell, Alexander, Captain Rogers, Secretary Rogers, Morris, Harmon, Blake, Morton, Wilson, Rodriguez, Kopp, Dillard, and Ramsey be dismissed without prejudice as parties to this lawsuit. The Court should 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 14 days from the date of this Recommendation. Signed by Magistrate Judge Joe J. Volpe on 3/15/2021. (jak)
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| Summons Issued as to Creasey, K Davis, Joe Page, III, Dexter Payne, William Straughn, Young and forwarded to USMS for service. (ajt) |
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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 for status update #5 . Pursuant to the Court's Order of March 3, 2021, Plaintiff's Complaint was not served as it was determined his pleading was deficient and he was given an opportunity to amend. (Doc. No. #3 ). Signed by Magistrate Judge Joe J. Volpe on 3/9/2021. (lej) (Docket text modified on 3/9/2021 to correct the ruling, pursuant to instructions from the Court.)(thd).
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| Filing 5 MOTION for Status Update by Adam Hill. (llg) |
| Filing 4 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Adam Hill. (llg) |
| NOTICE OF DOCKET CORRECTION re 6 Order. CORRECTION: Pursuant to instructions from the Court, the Order was modified as follows: "ORDER denying Plaintiff's motion for status update #5 . Pursuant to the Court's Order of March 3, 2021, Plaintiff's Complaint was not served as it was determined his pleading was deficient and he was given an opportunity to amend. (Doc. No. #3 )." (thd) |
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Filing 3
ORDER granting #1 Motion to proceed in forma pauperis. Plaintiff's present custodian is directed to collect from his institutional account an initial partial filing fee of $44.67 and forward that amount along with future monthly installments to the Clerk of Court until a total of $350 has been paid. The Clerk shall mail a copy of this Order to the Warden of the Grimes Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office. Service is not appropriate at this time. The Clerk shall mail plaintiff a 1983 complaint form along with a copy of this Order. Plaintiff must file the amended complaint within 30 days of the date of this Order. Signed by Magistrate Judge Joe J. Volpe on 3/3/2021. (jak)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Adam Hill. (ljb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Adam Hill. (ljb) |
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