Jones v. Payne et al
| Eugene Jones |
| Dexter Payne, Aundrea Culclager, Chris Budnik, Scott, Stringfellow, Arkansas Department of Correction, Wendy Kelly, K Bolden, Ricketts, Haran, Newby, Thomas, Avery, Agnew, Patrick Pierre, Isaac Wade, Kenneth Starks, Shillings, Crawford, Joe Paige, Laura Cook, Draggs, Owens, Brandon Baker, Moore, Don Moore, Chasim, USA, Bureau of Prisons and Doe |
| 4:2021cv00378 |
| May 6, 2021 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
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Filing 16
ORDER that the Clerk shall prepare summons and the USM serve Defendants Budnik, Evans, and Kelly without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 7/13/2021. (lej)
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Filing 15
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff be allowed to proceed with his Eighth Amendment claims against Defendants Budnik, Evans, and Kelly #14 . All other claims and Defendants be dismissed without prejudice as being improperly joined. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal of an order adopting these recommendations 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 7/13/2021. (lej)
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| Summons Issued as to Chris Budnik, Evans, Wendy Kelly and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 14 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Eugene Jones.(kdr) |
| Filing 13 EXHIBITS by Eugene Jones. (llg) |
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Filing 12
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to extend time #11 . Plaintiff has already filed an amended complaint (Doc. 6) in response to my 5/12/2021 order (Doc. 3). If he wishes to file a second amended complaint, Plaintiff must do so on or before 7/7/2021. Plaintiff is reminded all of his claims against all Defendants must be included in one document. If he chooses to file a second amended complaint, it will render his previously filed complaints without any effect. Signed by Magistrate Judge Joe J. Volpe on 6/16/2021. (lej)
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| Filing 11 MOTION for Extension of Time by Eugene Jones. (kdr) |
| Filing 10 EXHIBITS by Eugene Jones. (kdr) |
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Filing 9
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER finding as moot Plaintiff's motion for leave to proceed in forma pauperis #5 . Denying the motion to appoint counsel #7 . 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. Plaintiff's motion for emergency transfer is denied #8 . Plaintiff requests relief through a motion and that relief is not available at this juncture of Plaintiff's lawsuit. Signed by Magistrate Judge Joe J. Volpe on 6/9/2021. (lej)
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| Filing 8 MOTION for Emergency Transfer to Single Man Status by Eugene Jones. (llg) |
| Filing 7 MOTION to Appoint Counsel by Eugene Jones. (llg) |
| Filing 6 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Eugene Jones. (llg) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Eugene Jones. (llg) |
| Filing 4 EXHIBITS by Eugene Jones. (kdr) |
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Filing 3
ORDER granting Plaintiff's IFP Application #1 . Service is not appropriate at this time. The Clerk shall mail a 42 U.S.C. 1983 complaint form to Plaintiff with a copy of this order. If Plaintiff wishes to amend his complaint, he may complete the new complaint form in its entirety in accordance with my instructions, mark it as "Amended Complaint," and file it within 30 days of the date of this order. Failure to do so could result in some of Plaintiff's claims being dismissed without prejudice. Signed by Magistrate Judge Joe J. Volpe on 5/12/2021. (lej)
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| Filing 2 COMPLAINT against All Defendants filed by Eugene Jones. (ljb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Eugene Jones. (ljb) |
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