Young v. Steive et al
| Leslie Young |
| Roy Griffin, WellPath, Joseph Hughes, Jeffery Steive, George Wilson, Does 1-3, Members of Hepatitis C Treatment Review Committee and Rory Griffin |
| 4:2020cv00224 |
| March 2, 2020 |
| US District Court for the Eastern District of Arkansas |
| D P Marshall |
| 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 February 22, 2022. A more recent docket listing may be available from PACER.
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| Filing 22 NOTICE of Appearance by Robert Thomas James on behalf of George Wilson (James, Robert) |
| Filing 21 ANSWER to #2 Complaint with Jury Demand by Rory Griffin, George Wilson.(James, Robert) |
Filing 20
PROPOSED FINDINGS AND RECOMMENDATIONS that Defendant Wilson's motion to dismiss be granted only as to Plaintiff's request for monetary damages from Defendant Wilson in his official capacity and denied in all other respects #17 . Plaintiff's request for monetary damages from Defendant Wilson in his official capacity be dismissed with prejudice. 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 date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 4/23/2020. (lej)
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Filing 19
ORDER directing the Clerk to prepare summons and the USM to serve Defendant Wilson without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 4/21/2020. (lej)
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| Filing 18 BRIEF IN SUPPORT re #17 Motion to Dismiss for Failure to State a Claim filed by George Wilson. (James, Robert) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by George Wilson (James, Robert) |
| Summons Reissued as to George Wilson and forwarded to USMS for service. (ajt) |
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Filing 16
PROPOSED FINIDNGS AND RECOMMENDATIONS that Defendant Griffin's motion to dismiss be granted only as to Plaintiff's request for monetary damages from Defendant Griffin in his official capacity and denied in all other respects #11 . Plaintiff's request for monetary damages from Defendant Griffin in his official capacity be dismissed with prejudice. 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 4/20/2020. (lej)
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Filing 15
ORDER directing the Clerk to change Defendant Griffin's name to Rory Griffin. Signed by Magistrate Judge Joe J. Volpe on 4/20/2020. (lej)
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| Filing 14 SUMMONS Returned Executed. Roy Griffin served on 3/16/2020. Address Under Seal. (fjg) |
| Filing 13 NOTICE of Appearance by Robert Thomas James on behalf of Roy Griffin (James, Robert) |
| Filing 12 BRIEF IN SUPPORT re #11 Motion to Dismiss for Failure to State a Claim filed by Roy Griffin. (James, Robert) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Roy Griffin (James, Robert) |
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Filing 10
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to amend #9 . Incorporating grievances into the complaint has no legal effect. Those grievances are now a part of the docket and Plaintiff may refer to them as necessary. As previously stated, (Doc. No. 6 at 2), the Court cannot substitute words as requested. If Plaintiff wishes to amend her complaint, she must do so through a properly filed superseding amended complaint. Lastly, Plaintiff may request the information she seeks through a discovery request of opposing counsel when counsel enters an appearance. The Court does not engage in discovery, so Plaintiff's request is improper. Signed by Magistrate Judge Joe J. Volpe on 3/30/2020. (lej)
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| Filing 9 MOTION to Amend #2 Complaint by Leslie Young. (kdr) |
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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 for preliminary injunction #4 . Plaintiff filed a motion styled as a preliminary injunction whereby she seeks the court to order Defendants to provide private specialty medical care. I find the motion is really a motion seeking affirmative relief rather than injunctive relief. Plaintiff seeks to impermissibly short circuit the judicial process by seeking immediate relief. Signed by Magistrate Judge Joe J. Volpe on 3/6/2020. (lej) Docket text modified on 4/2/2020 to correct typographical error. (kbc)
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Filing 7
ORDER that the Clerk prepare summons and the USM serve Defendants Griffin, Wilson, Steive, Hughes, and Wellpath without prepayment of fees and costs or security therefore. Plaintiff must file a "Motion for Service" within 90 days of the entry of this order. Signed by Magistrate Judge Joe J. Volpe on 3/6/2020. (lej)
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Filing 6
ORDER granting Plaintiff's IFP Application #1 . Service will be issued by a separate order. Signed by Magistrate Judge Joe J. Volpe on 3/6/2020. (lej)
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| Summons Issued as to Roy Griffin, Joseph Hughes, Jeffery Steive, WellPath, George Wilson 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 #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 her 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 she is capable of prosecuting her claims without appointed counsel. Signed by Magistrate Judge Joe J. Volpe on 3/2/2020. (lej)
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| Filing 4 MOTION for Preliminary Injunction by Leslie Young. (kdr) |
| Filing 3 MOTION to Appoint Counsel by Leslie Young. (kdr) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Leslie Young.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Leslie Young. (kdr) |
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