Ferrell v. Kelley et al
| David Ferrell |
| Charolett Jones, Tina Gibson, James Gibson, Wendy Kelley, Jared Buyers, Jared Byers and Charlotte Jones |
| 4:2020cv00035 |
| January 9, 2020 |
| US District Court for the Eastern District of Arkansas |
| Kristine G Baker |
| Lee P Rudofsky |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.
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Filing 28
NOTICE OF DOCKET CORRECTION re #26 Order. CORRECTION: The original document was attached in error (wrong image file) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #26 and is attached hereto for service on the parties. (jak)
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Filing 27
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Based on #26 Order, the Clerk's office has reassigned the case to Judge Kristine G. Baker. (jak)
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Filing 26
ORDER directing the Clerk to reassign the above styled case, currently assigned to the docket of Judge Lee P. Rudofsky, because the Arkansas Attorney General's Office is temporarily on his recusal list. Signed at the Direction of the Court on 03/05/2020. (ajt) (Additional attachment(s) added on 3/6/2020: #1 Main Document - Correct) (jak)
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Filing 25
ORDER directing the Clerk to change Defendants' names to Jared Byers and Charlotte Jones. Signed by Magistrate Judge Joe J. Volpe on 3/3/2020. (lej)
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Filing 24
INITIAL SCHEDULING ORDER: Discovery due by 9/2/2020. Dispositive motions due by 10/2/2020. Dispositive motions on the issue of exhaustion due by 5/4/2020. Signed by Magistrate Judge Joe J. Volpe on 3/2/2020. (lej)
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Filing 23
NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej)
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Filing 22
BRIEF IN SUPPORT re #21 Motion for Judgment on the Pleadings filed by Jared Buyers, James Gibson, Charolett Jones, Wendy Kelley. (Morrison, Kesia)
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Filing 21
MOTION for Judgment on the Pleadings by Jared Buyers, James Gibson, Charolett Jones, Wendy Kelley (Morrison, Kesia)
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Filing 20
ANSWER to #16 Amended Complaint with Jury Demand by Jared Buyers, James Gibson, Charolett Jones, Wendy Kelley.(Morrison, Kesia)
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Filing 19
NOTICE of Appearance by Kesia Morrison on behalf of Jared Buyers, James Gibson, Charolett Jones, Wendy Kelley (Morrison, Kesia)
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Filing 18
ORDER that the Clerk shall prepare summons for Defendants Jones, Buyers, James Gibson, and Kelley and the USM shall serve Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 2/4/2020. (lej)
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Filing 17
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff be allowed to proceed with his 1983 retaliation and corrective inaction claims against Defendants Kelley, James Gibson, Buyers, and Jones. All remaining claims raised in the Amended Complaint be dismissed without prejudice. Defendant Tina Gibson be dismissed without prejudice as Defendant in this action. 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 2/4/2020. (lej)
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Summons Issued as to Jared Buyers, James Gibson, Charolett Jones, Wendy Kelley. And forwarded to the USMS for service. (ajt)
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Filing 16
AMENDED COMPLAINT with Jury Demand against All Defendants filed by David Ferrell. (llg)
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Filing 15
ORDER granting Plaintiff's IFP Application #1 . 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 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 1/13/2020. (lej)
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Filing 14
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to seal #3 . The public has a First Amendment right of access to a court proceeding or record. So sealing the proceeding or record to preserve confidentiality must be narrowly tailored to a compelling confidentiality interest. Globe Newspaper Co. v Superior Court, 457 U.S. 596, 606-607 (1982). Plaintiff's cited reasoning fails to pass muster so his request must be denied. Additionally, Plaintiff has filed numerous discovery requests in this case. Discovery requests and responses 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) (providing that []the following discovery request and responses must not be filed until they are used in the proceeding or the court orders filing: (i) depositions, (ii) interrogatories, (iii) requests for documents or to permit entry upon the land, and (iv) requests for admissions"); See also Local Rule 5.5(c)(2) (stating that "[a]ny party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of Civil Procedure"). The Clerk shall return all future discovery related matters to Plaintiff without filing. Plaintiff's motion to appoint counsel is denied #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 1/10/2020. (lej)
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Filing 13
REQUEST for Production of Documents by David Ferrell. (llg)
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Filing 12
INTERROGATORIES Propounded to Tina Gibson by David Ferrell. (llg)
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Filing 11
REQUEST for Production of Documents by David Ferrell. (llg)
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Filing 10
INTERROGATORIES Propounded to Charolett Jones by David Ferrell. (llg)
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Filing 9
REQUEST for Production of Documents by David Ferrell. (llg)
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Filing 8
INTERROGATORIES Propounded to Jared Buyers by David Ferrell. (llg)
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Filing 7
REQUEST for Production of Documents by David Ferrell. (llg)
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Filing 6
INTERROGATORIES Propounded to James Gibson by David Ferrell. (llg)
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Filing 5
INTERROGATORIES Propounded to Wendy Kelley by David Ferrell. (llg)
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Filing 4
MOTION to Appoint Counsel by David Ferrell. (llg)
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Filing 3
MOTION to Seal Civil Action/GAG Order by David Ferrell. (llg)
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Filing 2
COMPLAINT with Jury Demand against All Defendants filed by David Ferrell. (llg)
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Filing 1
MOTION for Leave to Proceed in forma pauperis by David Ferrell. (llg)
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