Willingham v. Dobbs et al
| Christopher Willingham |
| James Dobbs, Barbra Strom and Everrte Wilkerson |
| 4:2024cv00225 |
| March 8, 2024 |
| US District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Joe J Volpe |
| 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 May 2, 2024. A more recent docket listing may be available from PACER.
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Filing 13
PARTIAL RECOMMENDED DISPOSITION that Plaintiff be allowed to proceed with his claims that Defendants Strom, Dobbs, and Wilkerson, in their individual capacities only, punished him without due process of law, retaliated against him for filing grievances, used excessive force, failed to protect him from that use of force, and denied him adequate medical care for his injuries. All other claims 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 5/2/2024. (lej)
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Filing 12
ORDER that the Clerk shall prepare summonses and the USMS shall serve Defendants without prepayment of fees and costs or security therefor. Signed by Magistrate Judge Joe J. Volpe on 5/2/2024. (lej)
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| Summons Issued as to All Defendants and forwarded to the U.S. Marshal for service. (jbh) |
| Filing 11 ADDENDUM to #8 Amended Complaint, filed by Christopher Willingham. (ldb) |
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Filing 10
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for summons as frivolous #7 . Signed by Magistrate Judge Joe J. Volpe on 4/29/2024. (lej)
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Filing 9
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #6 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. 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 4/26/2024. (lej)
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| Filing 8 AMENDED COMPLAINT against All Defendants, filed by Christopher Willingham. (ldb) |
| Filing 7 MOTION for Summons by Christopher Willingham. (ldb) |
| Filing 6 MOTION to Appoint Counsel by Christopher Willingham. (ldb) |
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Filing 5
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. The Clerk shall mail a copy of this order to the Grimes Unit Warden, ADC Trust Bank, and ADC Compliance Office. Service is not appropriate at this time. The Clerk shall mail a 42 U.S.C. 1983 complaint form (but not an IFP Application) 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 his order, label it an "Amended Complaint," and file it within 30 days of the date of this order. Plaintiff's complaint, as it now stands is partially deficient and some of this claims may be dismissed after 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 4/1/2024. (lej)
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| Filing 4 AMICUS BRIEF filed by Christopher Willingham. (ldb) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Christopher Willingham. (llg) |
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Filing 2
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (ldb)
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| Filing 1 COMPLAINT against All Defendants, filed by Christopher Willingham. (ldb) |
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