Lackey v. Yell County Jail
| Robert Lackey |
| Does and Yell County Jail |
| 4:2021cv00872 |
| September 29, 2021 |
| US District Court for the Eastern District of Arkansas |
| Kristine G Baker |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 13
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel and to extend time #12 . Plaintiff seeks appointed counsel. 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 also seeks "an extension in time to continue pursuing [his] case" and says he does not understand the paperwork and is concerned this could result in his dismissal of his lawsuit. Federal Rule of Civil Procedure 8(a) requires that a complaint set out "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). If Plaintiff wishes to pursue this matter at this time, there is nothing more required than he follow the Federal Rules of Civil Procedure and the Orders of the Court. Signed by Magistrate Judge Joe J. Volpe on 11/23/2021. (lej)
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| Filing 12 MOTION to Appoint Counsel and MOTION for Extension of Time by Robert Lackey. (llg) |
| Filing 11 LETTER to the Court by Robert Lackey. (ldb) |
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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 . As previously stated, the Court will only consider claims properly pled in a complaint or in a superseding amended complaint. (Doc. No. 2 at 2.) Additionally, Plaintiff was notified that the Court will not consider claims stated in notices or other pleadings not filed in compliance with the Federal Rules of Civil Procedure. (Id.) Signed by Magistrate Judge Joe J. Volpe on 11/16/2021. (lej)
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| Filing 9 MOTION to Amend by Robert Lackey. (llg) |
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Filing 8
ORDER granting Plaintiff's IFP application #7 . The Clerk shall mail a copy of this order to the Yell County Jail Administrator. The Clerk is instructed to update the Defendant from "Does" to "Yell County Jail." 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 this order, mark it as an "Amended Complaint," and file it within 30 days of the date of this order. Plaintiff's complaint and the addendum, as they now stand, are deficient and his claims will be dismissed after 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 11/8/2021. (lej)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by Robert Lackey. (llg) |
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Filing 6
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: On 10/25/2021 Plaintiff filed a notice stating he had not received the previously ordered IFP application and calculation sheet. The Clerk shall mail him an IFP application and calculation sheet. Plaintiff shall return these documents, properly completed, by 12/1/2021. Signed by Magistrate Judge Joe J. Volpe on 10/27/2021. (lej)
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| Filing 5 NOTICE by Robert Lackey. (kdr) |
| Filing 4 NOTICE OF DOCKET CORRECTION re #3 Addendum. CORRECTION: The original document was attached to the docket in error (wrong image file) due to a clerical mistake by the Clerk's office. The correct document was added as an attachment to #3 docket entry and is attached hereto for service/review by the parties. (cmn) |
| Filing 3 ADDENDUM to #1 Complaint filed by Robert Lackey. (llg) (Additional attachment(s) added on 10/7/2021: #1 Main Document - Correct) (cmn). |
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Filing 2
ORDER that the Clerk is directed to mail Plaintiff an IFP Application and a Calculation Sheet. Plaintiff must, within 30 days of the date of this order, either: (a) pay the full $402 filing fee; or (b) file a properly completed IFP 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 10/4/2021. (lej)
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| Filing 1 COMPLAINT against Does, filed by Robert Lackey.(kdr) |
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