Kimery v. Harris et al
Plaintiff: Fielding Kimery
Defendant: Carolyn Walace, Joseph Bivens, Patricia Page Harris and M Taylor
Case Number: 4:2021cv00156
Filed: February 26, 2021
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Joe J Volpe
Referring Judge: Billy Roy Wilson
Nature of Suit: Prison Condition: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2021 Opinion or Order Filing 16 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion with regard to his request for an update of the case #15 . The Clerk shall mail a copy of the docket sheet. His request for counsel is denied. 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 4/22/2021. (lej)
April 22, 2021 Filing 15 MOTION for Status Update re #13 Appeal by Fielding Kimery. (llg)
April 6, 2021 Opinion or Order Filing 14 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #13 Plaintiff's Appeal of a Magistrate Judge's Decision. Signed by Judge Billy Roy Wilson on 04/06/21. (dmm)
April 6, 2021 Filing 13 APPEAL of Magistrate Judge Decision to District Court re #12 Order by Fielding Kimery. (kdr)
March 31, 2021 Opinion or Order Filing 12 ORDER denying #6 Motion to Amend the Complaint; directing the Clerk to mail Plaintiff a 1983 Complaint form; allowing Plaintiff until 4/30/2021 to file an Amended Complaint that complies with my instructions; and directing the Clerk to refrain from docketing any pleadings from Plaintiff that contain more than one case number in the caption. Signed by Magistrate Judge Joe J. Volpe on 3/31/2021. (jbh)
March 30, 2021 Opinion or Order Filing 11 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to extend time #9 . There are presently no deadlines for which Plaintiff needs additional time. Plaintiff's motion for preliminary injunction fails to comply with Rule 65 of the Federal Rules of Civil Procedure. Accordingly, his motion is denied without prejudice #10 . Signed by Magistrate Judge Joe J. Volpe on 3/30/2021. (lej)
March 29, 2021 Filing 10 MOTION for Preliminary Injunction by Fielding Kimery. (kdr)
March 29, 2021 Filing 9 MOTION for Extension by Fielding Kimery. (kdr)
March 29, 2021 Opinion or Order Filing 8 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion for copies #7 . The Clerk is directed to mail a docket sheet to Plaintiff. Signed by Magistrate Judge Joe J. Volpe on 3/29/2021. (lej)
March 29, 2021 Filing 7 MOTION for Copies by Fielding Kimery. (llg)
March 24, 2021 Filing 6 MOTION to Amend #2 Complaint by Fielding Kimery. (ljb)
March 17, 2021 Opinion or Order Filing 5 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to extend time to 4/15/2021 to amend his complaint #4 . Signed by Magistrate Judge Joe J. Volpe on 3/17/2021. (lej)
March 15, 2021 Filing 4 MOTION to Extend Time by Fielding Kimery. (ljb)
March 4, 2021 Opinion or Order Filing 3 ORDER granting #1 IFP Application; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk to mail a copy of this Order to the Warden of the Varner Super Max Unit, the ADC Trust Fund Centralized Banking Office, and the ADC Compliance Office; directing the Clerk to mail Plaintiff a 42 U.S.C. 1983 complaint form with a copy of this Order; and directing Plaintiff to file an Amended Complaint within 30 days of the date of this Order. Signed by Magistrate Judge Joe J. Volpe on 3/4/2021. (jbh)
February 26, 2021 Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Fielding Kimery.(kdr)
February 26, 2021 Filing 1 MOTION for Leave to Proceed in forma pauperis by Fielding Kimery. (kdr)

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Defendant: Carolyn Walace
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Defendant: Joseph Bivens
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Defendant: Patricia Page Harris
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Defendant: M Taylor
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Plaintiff: Fielding Kimery
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