McKnatt v. Faust et al
| Elizabeth McKnatt |
| N Faust, Amy Adams, Robert Potter, Chad Baker and Johnnie Swift |
| 3:2023cv00178 |
| August 28, 2023 |
| 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 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on October 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 ANSWER to #2 Complaint with Jury Demand by Chad Baker, N Faust, Robert Potter, Johnnie Swift.(Banks, Michelle) |
Filing 12
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Defendants' motion to extend time to 10/23/2023 to file an answer #10 . Signed by Magistrate Judge Joe J. Volpe on 10/16/2023. (lej)
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| Filing 11 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
| Filing 10 MOTION for Extension of Time to File Answer re #2 Complaint to October 23, 2023 by Chad Baker, N Faust, Robert Potter, Johnnie Swift (Banks, Michelle) |
| Filing 9 NOTICE of Appearance by Michelle Banks on behalf of Chad Baker, N Faust, Robert Potter, Johnnie Swift (Banks, Michelle) |
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Filing 8
ORDER adopting #7 Recommendation. Any in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge D. P. Marshall Jr. on 9/21/2023. (ldb)
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Filing 7
PARTIAL RECOMMENDED DISPOSITION that Plaintiff's Fourteenth Amendment claim be dismissed without prejudice for failing to state a claim upon which relief may be granted. Plaintiff's request for monetary damages against Defendants in their official capacities be dismissed with prejudice. Plaintiff be allowed to proceed with her Eighth Amendment claim against Defendants for monetary damages against them in their personal capacities and injunctive/declaratory relief against them in their official capacities. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting this recommendation 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 8/29/2023. (lej)
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Filing 6
ORDER granting Plaintiff's IFP Application #1 . The Clerk shall mail a copy of this order to the McPherson Unit Warden, ADC Trust Bank, and ADC Compliance Office. The Clerk shall prepare summonses and the USMS shall serve Defendants Faust, Adams, Potter, Baker, and Swift without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Joe J. Volpe on 8/29/2023. (lej)
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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 the 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 Plaintiff is capable of prosecuting these claims without appointed counsel. Signed by Magistrate Judge Joe J. Volpe on 8/29/2023. (lej)
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| Summons Issued as to All Defendants and forwarded to U.S. Marshal for service. (ldb) |
| Filing 4 MOTION to Appoint Counsel by Elizabeth McKnatt. (kdr) |
| Filing 3 AFFIDAVIT in Support #1 MOTION for Leave to Proceed in forma pauperis by Elizabeth McKnatt. (kdr) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Elizabeth McKnatt.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Elizabeth McKnatt. (kdr) |
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