Doering v. Well Path et al
| Alan Doering |
| Well Path, Chris Horan, Lake, Aundrea Culclager and Majorie Ann Hall Parrot |
| 4:2023cv00623 |
| July 5, 2023 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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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)
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| Filing 25 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
| Filing 24 ANSWER to #2 Complaint with Jury Demand by Aundrea Culclager.(Schubert, Amber) |
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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)
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| Filing 22 RESPONSE to #16 Motion to Dismiss for Failure to State a Claim, filed by Alan Doering. (ldb) |
| Filing 21 SUMMONS Returned Executed. Aundrea Culclager served on 8/1/2023. (ajj) |
| Filing 20 SUMMONS Returned Executed Well Path served on 7/28/2023. (ajj) |
| Filing 19 OBJECTIONS to 11 Order, by Alan Doering. (ldb) |
| Filing 18 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
| Filing 17 BRIEF IN SUPPORT re #16 Motion to Dismiss for Failure to State a Claim filed by Aundrea Culclager. (Schubert, Amber) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Aundrea Culclager (Schubert, Amber) |
| Filing 15 NOTICE of Appearance by Amber R. Schubert on behalf of Aundrea Culclager (Schubert, Amber) |
| Filing 14 ANSWER to #2 Complaint by Majorie Ann Hall Parrot, Chris Horan, Well Path.(Almefty, Kynda) |
| Filing 13 SUMMONS Returned Executed. Majorie Ann Hall Parrot served on 8/2/2023. (ajj) |
| Filing 12 SUMMONS Returned Executed. Chris Horan served on 8/2/2023. (ajj) |
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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)
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| Filing 10 MOTION for Emergency Injunctive Relief by Alan Doering. (ldb) |
| Filing 9 OBJECTION to #6 Report and Recommendations by Alan Doering. (kdr) |
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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)
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| Filing 7 MOTION to Amend #2 Complaint, MOTION for Expert Witness, and MOTION to Appoint Counsel, by Alan Doering. (Attachments: #1 Document) (ldb) |
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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)
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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)
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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)
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| Summons Issued as to Aundrea Culclager, Majorie Ann Hall Parrot, Chris Horan, Well Path and forwarded to the U.S. Marshal for service. (jbh) |
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Filing 3
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 03/21/2023. (llg)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Alan Doering. (llg) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Alan Doering. (llg) |
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