Penister v. McCoy et al
| Terry Penister |
| Dana McCoy, Wendy Kelley, Dykes, Raymond Naylor, Keith Waddle and Hunter |
| 5:2018cv00195 |
| August 1, 2018 |
| US District Court for the Eastern District of Arkansas |
| Pine Bluff Office |
| Pulaski |
| Joe J Volpe |
| Billy Roy Wilson |
| Prison Condition: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 7, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 APPELLATE FILING FEE NOTICE to Plaintiff. (ljb) |
Filing 8
JUDGMENT: Consistent with #7 Order that was entered on this day, this case is dismissed without prejudice. Dismissal of this action constitutes a "strike" for purposes of 28 U.S.C. 1915(g). The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from this Judgment and the corresponding Order would not be taken in good faith. Signed by Judge Billy Roy Wilson on 9/7/2018. (ljb)
|
|
Filing 7
ORDER approving and adopting #6 Proposed Findings and Recommended Disposition in all respects; dismissing #2 Plaintiff's Complaint without prejudice for failure to state a claim upon which relief may be granted; and certifying that an in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Dismissal of this action counts as a "strike" for purposes of 28 U.S.C. 1915(g). Signed by Judge Billy Roy Wilson on 9/7/2018. (ljb)
|
|
Filing 6
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff's complaint be dismissed without prejudice for failure to state a claim upon which relief may be granted #2 . Dismissal of this action count as a "strike" 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 any order adopting these recommendations and the accompanying judgment would not be taken in good faith. Objections due no later than 14 days from the date of the findings and recommendations. Signed by Magistrate Judge Joe J. Volpe on 8/13/2018. (lej)
|
|
Filing 5
ORDER granting Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit #1 . Service is not appropriate at this time. Signed by Magistrate Judge Joe J. Volpe on 8/13/2018. (lej)
|
|
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 8/2/2018. (lej)
|
| Filing 3 MOTION to Appoint Counsel by Terry Penister. (cel) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Terry Penister. (cel) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Terry Penister. (cel) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arkansas Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
