Earls v. Franks et al
| Jacob Thomas Earls |
| Steve Franks, Ashley Worcester, Shane Martin, Caleb Pitcher, Lisa McQuay, Bailey Burns, Kristina Gibson, Robert Case and Shannon Anthony |
| 3:2022cv00005 |
| January 10, 2022 |
| US District Court for the Eastern District of Arkansas |
| D P Marshall |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 13, 2022. A more recent docket listing may be available from PACER.
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| Filing 18 ADDENDUM to #17 Amended Complaint filed by Jacob Thomas Earls. (kdr) |
| Filing 17 AMENDED COMPLAINT against All Defendants filed by Jacob Thomas Earls. (ldb) |
| Filing 16 PROPOSED FINDINGS AND RECOMMENDATIONS that Defendants Franks, Martin, Pitcher, McQuay, Burns, Gibson, and Case be dismissed without prejudice from this lawsuit because the amended complaint does not contain any claims against them. Plaintiff's due process claims against Defendant Worcester be dismissed without prejudice for failing to state a claim upon which relief may be granted. Plaintiff's Fourth Amendment claims regarding his 10/22/2021 arrest be STAYED, and this case be administratively terminated. The Clerk be directed to reclassify this case as a 550 action. Objections due no later than 14 days from the date of this recommendation. Signed by Magistrate Judge Joe J. Volpe on 3/7/2022. (lej) |
Filing 15
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel and to preserve video footage #12 #13 . Discovery requests are not to be filed with the Court but, instead, should be sent directly to opposing counsel, along with a certificate of service. See Fed. R. Civ. P. 5(d). Signed by Magistrate Judge Joe J. Volpe on 3/4/2022. (lej)
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| Filing 14 AMENDED COMPLAINT against All Defendants, filed by Jacob Thomas Earls.(kdr) |
| Filing 13 MOTION to Preserve Video Footage by Jacob Thomas Earls. (kdr) |
| Filing 12 MOTION to Appoint Counsel by Jacob Thomas Earls. (kdr) |
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Filing 11
ORDER granting Plaintiff's IFP Application #10 . The Clerk shall mail a copy of this order to the Greene County Detention Center Jail 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 the complaint, he must 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 2/7/2022. (lej)
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| Filing 10 MOTION for Leave to Proceed in forma pauperis by Jacob Thomas Earls. (llg) |
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Filing 9
ORDER denying #1 IFP application. The Clerk is directed to mail plaintiff an IFP application and a calculation sheet. Plaintiff must within 30 days of the date of this Order either pay the full $402 filing fee or file a properly completed IFP application and calculation sheet. Plaintiff's #5 Motion for Preliminary Injunctive Relief is denied. Signed by Magistrate Judge Joe J. Volpe on 1/12/2022. (jak)
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Filing 8
(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 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. Denying without prejudice Plaintiff's motion to preserve video footage #6 . This case has not yet been screened or, if applicable, served. Once defense counsel enters an appearance, Plaintiff should make this request through discovery. Signed by Magistrate Judge Joe J. Volpe on 1/11/2022. (lej)
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Filing 7
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for order #4 . Plaintiff's motion appears to request that the Clerk obtain the necessary forms for Plaintiff to proceed in forma pauperis. The Court does not assist with completing the necessary forms to obtain IFP status. Signed by Magistrate Judge Joe J. Volpe on 1/11/2022. (lej)
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| Filing 6 MOTION to Preserve Video Footage by Jacob Thomas Earls. (kdr) |
| Filing 5 MOTION for Preliminary Injunctive Relief by Jacob Thomas Earls. (kdr) |
| Filing 4 MOTION to have Court Order Greene County Jail to Sign Papers by Jacob Thomas Earls. (kdr) |
| Filing 3 MOTION for Appointment of Counsel by Jacob Thomas Earls. (kdr) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Jacob Thomas Earls.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Jacob Thomas Earls. (kdr) |
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