Vance v. Grimes et al
| Preston V Vance, Jr |
| Brandon Grimes, Betis and Long |
| 4:2019cv00325 |
| May 3, 2019 |
| US District Court for the Eastern District of Arkansas |
| Joe J Volpe |
| Susan Webber Wright |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 10
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff be allowed to proceed with his failure to protect claim against Defendants Grimes and Long in their individual capacities only. Plaintiff's official capacity claims be dismissed without prejudice. Defendant Betis be dismissed without prejudice as a party to this lawsuit. 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 the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 6/26/2019. (lej)
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Filing 9
ORDER that the Clerk prepare summons and the USM serve Defendants Grimes and Long without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 6/26/2019. (lej)
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| Summons Issued as to Brandon Grimes, Long and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 8 AMENDED COMPLAINT against All Defendants, filed by Preston V Vance, Jr.(kdr) |
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Filing 7
ORDER granting Plaintiff's IFP Application #6 . Service is not appropriate at this time. If Plaintiff wishes to amend his 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 deficient and may be dismissed after 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 5/23/2019. (lej)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis by Preston V Vance, Jr. (kdr) |
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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 5/13/2019. (lej)
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| Filing 4 MOTION to Appoint Counsel by Preston V Vance, Jr. (kdr) |
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Filing 3
ORDER denying Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit #1 . Plaintiff must, within 30 days of the date of this order, either: (a) pay the full filing fee; or (b) file a properly complete Application and Calculation Sheet. Failure to do so may result in dismissal of this action without prejudice. Signed by Magistrate Judge Joe J. Volpe on 5/8/2019. (lej)
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| Filing 2 COMPLAINT against All Defendants filed by Preston V Vance, Jr. (ljb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Preston V Vance, Jr. (ljb) |
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