Mallett v. Davis et al
| Christopher Mallett |
| Kenneth Davis, John K Sparks, Jr, Richard E Lee, Robert Freeman and John P Moss |
| 3:2021cv00157 |
| August 5, 2021 |
| U.S. District Court for the Eastern District of Arkansas |
| D P Marshall |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on March 14, 2023. A more recent docket listing may be available from PACER.
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Filing 7
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff be allowed to proceed with his free exercise claims against Defendants Sparks, Lee, Freeman, and Moss. Defendant Davis be dismissed without prejudice from this lawsuit because Plaintiff has not pled a plausible claim against him. 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 this recommendation. Signed by Magistrate Judge Joe J. Volpe on 9/14/2021. (lej)
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Filing 6
ORDER that the Clerk shall prepare summons and the USM shall serve Defendants Freeman, Sparks, Lee, and Moss without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 9/14/2021. (lej)
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| Summons Issued as to Robert Freeman, Richard E Lee, John P Moss, John K Sparks, Jr. and forwarded to the U.S. Marshal for service. (jbh) |
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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 #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 8/26/2021. (lej)
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| Filing 4 MOTION to Appoint Counsel by Christopher Mallett. (kdr) |
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Filing 3
ORDER granting Plaintiff's IFP Application #1 . The Clerk shall mail a copy of this order to the Grimes Unit Warden, ADC Trust Bank, and the ADC Compliance Office. 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 the 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. Plaintiff's complaint, as it now stands, is partially deficient and some of his claims may be dismissed after 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 8/11/2021. (lej)
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| Filing 2 COMPLAINT against All Defendants, filed by Christopher Mallett.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Christopher Mallett. (kdr) |
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