Doering v. Well Path et al
Plaintiff: Alan Doering
Defendant: Well Path, Chris Horan, Lake, Aundrea Culclager and Majorie Ann Hall Parrot
Case Number: 4:2023cv00623
Filed: July 5, 2023
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. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2023 Opinion or Order Filing 26 INITIAL SCHEDULING ORDER: Discovery due by 3/2/2024. Dispositive motions due by 4/2/2024. Dispositive motions on the issue of exhaustion due by 10/31/2023. Signed by Magistrate Judge Joe J. Volpe on 8/31/2023. (lej)
August 31, 2023 Filing 25 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej)
August 31, 2023 Filing 24 ANSWER to #2 Complaint with Jury Demand by Aundrea Culclager.(Schubert, Amber)
August 29, 2023 Opinion or Order Filing 23 PARTIAL RECOMMENDED DISPOSITION that separate Defendant Culclager's motion to dismiss be granted in part and denied in part #16 . Plaintiff's request for injunctive relief from Defendant Culclager be dismissed without prejudice. Plaintiff be allowed to proceed with his request for monetary damages from Defendant Culclager in her personal capacity. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting this recommendation 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 8/29/2023. (lej)
August 25, 2023 Filing 22 RESPONSE to #16 Motion to Dismiss for Failure to State a Claim, filed by Alan Doering. (ldb)
August 21, 2023 Filing 21 SUMMONS Returned Executed. Aundrea Culclager served on 8/1/2023. (ajj)
August 17, 2023 Filing 20 SUMMONS Returned Executed Well Path served on 7/28/2023. (ajj)
August 14, 2023 Filing 19 OBJECTIONS to 11 Order, by Alan Doering. (ldb)
August 14, 2023 Filing 18 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej)
August 14, 2023 Filing 17 BRIEF IN SUPPORT re #16 Motion to Dismiss for Failure to State a Claim filed by Aundrea Culclager. (Schubert, Amber)
August 14, 2023 Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Aundrea Culclager (Schubert, Amber)
August 14, 2023 Filing 15 NOTICE of Appearance by Amber R. Schubert on behalf of Aundrea Culclager (Schubert, Amber)
August 9, 2023 Filing 14 ANSWER to #2 Complaint by Majorie Ann Hall Parrot, Chris Horan, Well Path.(Almefty, Kynda)
August 4, 2023 Filing 13 SUMMONS Returned Executed. Majorie Ann Hall Parrot served on 8/2/2023. (ajj)
August 4, 2023 Filing 12 SUMMONS Returned Executed. Chris Horan served on 8/2/2023. (ajj)
August 4, 2023 Opinion or Order Filing 11 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER after careful consideration of Plaintiff's motion for emergency injunctive relief, I find it must be denied #10 . Plaintiff's motion seeks injunctive relief for claims wholly unrelated to his pending claim that Defendants failed to provide him with constitutionally adequate medical care for his hepatitis C. Accordingly, his motion fails to satisfy the requirements of Federal Rule of Civil Procedure 65(d). Signed by Magistrate Judge Joe J. Volpe on 8/4/2023. (lej)
August 3, 2023 Filing 10 MOTION for Emergency Injunctive Relief by Alan Doering. (ldb)
August 3, 2023 Filing 9 OBJECTION to #6 Report and Recommendations by Alan Doering. (kdr)
July 25, 2023 Opinion or Order Filing 8 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER after careful consideration. Plaintiff's motion to amend and for expert witness is denied #7 . Plaintiff's motion to appoint counsel is denied #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 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. Signed by Magistrate Judge Joe J. Volpe on 7/25/2023. (lej)
July 21, 2023 Filing 7 MOTION to Amend #2 Complaint, MOTION for Expert Witness, and MOTION to Appoint Counsel, by Alan Doering. (Attachments: #1 Document) (ldb)
July 17, 2023 Opinion or Order Filing 6 PARTIAL RECOMMENDED DISPOSITION that Plaintiff be allowed to proceed with claim that Defendants Horan, Parrot, Culclager, and Wellpath LLC are failing to provide him with constitutionally adequate medical care for hepatitis C, and all other claims be dismissed without prejudice as improperly joined. Defendant Lake be dismissed without prejudice. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from an order adopting this recommendation 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 7/17/2023. (lej)
July 17, 2023 Opinion or Order Filing 5 ORDER that the Clerk shall prepare summonses and the USMS shall serve defendants Horan, Parrot, Wellpath LLC, and Culclager without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Joe J. Volpe on 7/17/2023. (lej)
July 17, 2023 Opinion or Order Filing 4 ORDER granting Plaintiff's IFP Application #1 . The Clerk shall mail a copy of this order to the EARU Warden, ADC Trust Fund Bank, and the ADC Compliance Office. Service will be entered in a separate order. Signed by Magistrate Judge Joe J. Volpe on 7/17/2023. (lej)
July 17, 2023 Summons Issued as to Aundrea Culclager, Majorie Ann Hall Parrot, Chris Horan, Well Path and forwarded to the U.S. Marshal for service. (jbh)
July 5, 2023 Opinion or Order Filing 3 ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 03/21/2023. (llg)
July 5, 2023 Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Alan Doering. (llg)
July 5, 2023 Filing 1 MOTION for Leave to Proceed in forma pauperis by Alan Doering. (llg)

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Plaintiff: Alan Doering
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Defendant: Well Path
Represented By: Kynda Almefty
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Defendant: Chris Horan
Represented By: Kynda Almefty
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Defendant: Lake
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Defendant: Aundrea Culclager
Represented By: Amber R. Schubert
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Defendant: Majorie Ann Hall Parrot
Represented By: Kynda Almefty
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