Washington v. Payne et al
| DeLarron Keith Washington |
| Dexter Payne, Jimmy Coleman, IV, Janice Blake, DeAngelo Earl, Rory L Griffin, Maurice E Williams, J Warner, Deborah Goodwin, Thomas W Hurst, William F Straughn, Keith L Waddle, Soloman Graves, Winburn E Melugin, Jr, Nurzuhal Faust, Wendy Kelly, Kennie L Bolden, Richard T Ball, Avery G Cox, Does Disciplinary Hearing Administrator, Drug Test Coordinator, Arkansas Dept. of Correction and Holliman |
| 4:2024cv00090 |
| February 2, 2024 |
| US District Court for the Eastern District of Arkansas |
| Brian S Miller |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.
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| Filing 13 APPELLATE FILING FEE NOTICE to Plaintiff. (ljb) |
Filing 12
JUDGMENT: Consistent with #11 order entered today, this case is dismissed without prejudice. Signed by Judge Brian S. Miller on 3/13/2024. (ljb)
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Filing 11
ORDER adopting #7 recommended disposition; dismissing without prejudice Washington's complaint for failure to state a claim upon which relief may be granted; and counting this dismissal as a "strike" within the meaning of 28 U.S.C. 1915(g). An in forma pauperis appeal from this order would not be taken in good faith. Signed by Judge Brian S. Miller on 3/13/2024. (ljb)
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| Filing 10 OBJECTION to #7 Report and Recommendations by DeLarron Keith Washington. (ajj) |
| Filing 9 Mail Returned Undeliverable as to DeLarron Keith Washington re #3 Motion Appoint Counsel. Resent to updated address. (fjg) |
| Filing 8 NOTICE of Change of Address by DeLarron Keith Washington. (llg) |
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Filing 7
RECOMMENDED DISPOSITION that the complaint be dismissed without prejudice for failing to state a claim upon which relief may be granted #2 . The Court recommend dismissal count as a strike, in the future, 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 an order adopting this recommendation 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 2/26/2024. (lej)
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Filing 6
ORDER granting Plaintiff's IFP Application #1 . The Clerk shall mail a copy of this order to the MSU Warden, ADC Trust Bank, and ADC Compliance Office. Service is not appropriate at this time. Signed by Magistrate Judge Joe J. Volpe on 2/26/2024. (lej)
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| Filing 5 ADDENDUM to #2 Complaint, filed by DeLarron Keith Washington. (ldb) |
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Filing 4
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel #3 . 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 2/2/2024. (lej)
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| Filing 3 MOTION to Appoint Counsel by DeLarron Keith Washington. (ldb) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by DeLarron Keith Washington. (ldb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by DeLarron Keith Washington. (ldb) |
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