Tayborn v. Higgins et al
| Reginald Tayborn |
| Eric Higgins, C Hendrick, Lewis and Holmes |
| 4:2023cv01212 |
| December 22, 2023 |
| US District Court for the Eastern District of Arkansas |
| Patricia S Harris |
| Billy Roy Wilson |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 13
ORDER directing the Clerk of the Court to prepare a summons for Lewis; and directing the U.S. Marshal to serve a copy of #9 -1 amended complaint and summons on him without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Patricia S. Harris on 02/06/2024. (llg)
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| Filing 12 PROPOSED FINDINGS AND PARTIAL RECOMMENDATION recommending Tayborn's individual capacity claim against Lewis proceed; Tayborn's official capacity claim against Lewis be dismissed; Tayborn's claims against Higgins and Hendrick be dismissed; and Tayborn's claim against Holmes be dismissed without prejudice. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Patricia S. Harris on 02/06/2024. (llg) |
| Summons Issued as to Lewis and forwarded to the U.S. Marshal for service. (llg) |
| Filing 11 LETTER to the Court by Reginald Tayborn. (ldb) |
| Filing 10 NOTICE OF DOCKET CORRECTION re #9 Amended Complaint. CORRECTION: The original document was attached in error (incomplete image file) due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #9 and is attached hereto for review by the parties. (jak) |
| Filing 9 AMENDED COMPLAINT against All Defendants filed by Reginald Tayborn. (llg) (Additional attachment(s) added on 1/19/2024: #1 Main Document - Correct) (jak). |
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Filing 8
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #6 Motion for Hearing. Signed by Magistrate Judge Patricia S. Harris on 01/05/2024. (dml)
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Filing 7
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #5 Motion to Appoint 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. s. 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 at this time. Signed by Magistrate Judge Patricia S. Harris on 1/5/2024. (dml)
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| Filing 6 MOTION for Preliminary Hearing by Reginald Tayborn. (csf) |
| Filing 5 MOTION for Appointment of Counsel by Reginald Tayborn. (csf) |
| Filing 4 NOTICE by Reginald Tayborn. (csf) |
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Filing 3
INITIAL ORDER FOR PRO SE PRISONER PLAINTIFFS granting #1 IFP motion; directing monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk to send a copy of this Order to the Pulaski County Sheriff; and directing the Clerk of Court to send a blank 1983 complaint form to Tayborn. Signed by Magistrate Judge Patricia S. Harris on 12/28/2023. (jbh)
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| Filing 2 COMPLAINT against All Defendants filed by Reginald Tayborn.(csf) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Reginald Tayborn. (csf) |
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