Robertson v. Higgins et al
Plaintiff: Michael O Robertson
Defendant: Eric S Higgins and Doe
Case Number: 4:2021cv00976
Filed: October 27, 2021
Court: US District Court for the Eastern District of Arkansas
Presiding Judge: Lee P Rudofsky
Referring Judge: Joe J Volpe
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 April 4, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2021 Filing 29 NOTICE by Michael O Robertson. (llg)
December 23, 2021 Filing 28 NOTICE OF DOCKET CORRECTION re #25 Motion. CORRECTION: The original document was attached to the docket in error (no case number) due to a clerical mistake by the Clerk's office. The correct document was added as an attachment to #25 docket entry and is attached hereto for service/review by the parties. (cmn)
December 22, 2021 Filing 27 NOTICE OF DOCKET CORRECTION re #26 Motion. CORRECTION: The original document was attached to the docket in error (missing page) due to a clerical mistake by the Clerk's office. The correct document was added as an attachment to #26 docket entry and is attached hereto for service/review by the parties. (cmn)
December 22, 2021 Filing 26 MOTION to Amend #2 Complaint and #13 Amended Complaint by Michael O Robertson. (llg) (Additional attachment(s) added on 12/22/2021: #1 Main Document - Correct) (cmn).
December 22, 2021 Filing 25 MOTION for Leave to Proceed in forma pauperis by Michael O Robertson. (llg) (Additional attachment(s) added on 12/23/2021: #1 Main Document - Correct) (cmn).
December 16, 2021 Filing 24 NOTICE of Filing of Calculation Sheet and Certificate by Michael Otis Robertson. (kdr)
December 10, 2021 Filing 22 NOTICE by Michael O Robertson. (llg)
December 8, 2021 Filing 23 NOTICE of Filing Calculation Sheet and Certificate of Prisoner Accounts by Michael O Robertson. (llg)
December 8, 2021 Filing 21 NOTICE by Michael O Robertson. (llg)
December 8, 2021 Filing 20 NOTICE of Filing Calculation Sheet and Certificate of Prisoner Accounts by Michael Otis Robertson. (ldb)
December 6, 2021 Filing 19 Mail Returned Undeliverable as to Administrator Pulaski County Detention Facility re #9 Order. (fjg)
December 3, 2021 Filing 18 PLAINTIFF'S AFFIDAVIT by Michael O Robertson. (ldb)
December 1, 2021 Opinion or Order Filing 17 PROPOSED FINDINGS AND RECOMMENDATIONS that the amended complaint be dismissed without prejudice for failing to state a claim upon which relief may be granted #2 . Dismissal count as a "strike" for purposes of 28 U.S.C. 1915(g). The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from any order adopting these recommendations and the accompanying judgment 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 12/1/2021. (lej)
December 1, 2021 NOTICE OF DOCKET CORRECTION re #13 and #14 Motions to Amend/Correct. CORRECTION: The docket texts were modified to correct the descriptions to #13 Amended Complaint and #14 Addendum to Amended Complaint pursuant to instruction from chambers. (kbc)
November 30, 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 for copies #11 . The Clerk is directed to mail Plaintiff a docket sheet. The motion to appoint counsel is denied #12 . 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. Plaintiff's motion to amend is granted #13 . Signed by Magistrate Judge Joe J. Volpe on 11/30/2021. (lej)
November 29, 2021 Filing 15 AFFIDAVIT by Michael O Robertson. (ldb)
November 29, 2021 Filing 14 Addendum to #13 Amended Complaint by Michael O Robertson. (ldb) Docket text modified on 12/1/2021 to correct description pursuant to instruction from chambers. (kbc)
November 26, 2021 Filing 13 Amended COMPLAINT by Michael O Robertson. (jak) Docket text modified on 12/1/2021 to correct description pursuant to instruction from chambers. (kbc)
November 26, 2021 Filing 12 MOTION to Appoint Counsel by Michael O Robertson. (jak)
November 26, 2021 Filing 11 MOTION for Status Update by Michael O Robertson. (jak)
November 19, 2021 Filing 10 NOTICE OF DOCKET CORRECTION re #7 Notice. CORRECTION: The original document was submitted in error (wrong stamp) due to a clerical mistake by the Clerk's office. The correct document as added to #7 and hereto for service/review by the parties. (kbc)
November 18, 2021 Opinion or Order Filing 9 ORDER granting Plaintiff's IFP Application #5 . The Clerk shall mail a copy of this order to the Pulaski County Detention Facility Jail Administrator. The Clerk is directed to refrain from docketing any pleadings in this case that contain more than one case number in the caption. 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 the complaint, he must 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 deficient and may be dismissed after 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 11/18/2021. (lej)
November 16, 2021 Filing 8 NOTICE of Filing Calculation Sheet and Certificate of Prisoner Accounts by Michael O Robertson. (llg)
November 16, 2021 Filing 7 NOTICE by Michael O Robertson. (ldb) Additional attachment added on 11/19/2021: #1 Main Document - Correct. (kbc)
November 15, 2021 Filing 6 NOTICE by Michael O Robertson. (llg)
November 15, 2021 Filing 5 MOTION for Leave to Proceed in forma pauperis by Michael O Robertson. (llg)
November 8, 2021 Filing 4 AFFIDAVIT by Michael O Robertson. (kdr)
November 1, 2021 Opinion or Order Filing 3 ORDER denying Plaintiff's IFP Application #1 . The Clerk shall mail Plaintiff an IFP Application and a Calculation Sheet. Plaintiff shall, 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 timely comply with this order may result in dismissal of this action without prejudice. Signed by Magistrate Judge Joe J. Volpe on 11/1/2021. (lej)
October 27, 2021 Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Michael O Robertson. (llg)
October 27, 2021 Filing 1 MOTION for Leave to Proceed in forma pauperis by Michael O Robertson. (llg)

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Plaintiff: Michael O Robertson
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Defendant: Eric S Higgins
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Defendant: Doe
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