Darrough v. Beasley et al
| Kedrick Trevon Darrough, Sr |
| Dexter Payne, Joe Paige, Wendy Kelley, Dewayne Coleman, James Beasley, Rodney Ford, Thomas Hurst, Jeremy Williams and Phillip Suell |
| 5:2019cv00144 |
| April 18, 2019 |
| US District Court for the Eastern District of Arkansas |
| James M Moody |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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Filing 18
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel #17 . 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 7/8/2019. (lej)
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| Filing 17 MOTION to Appoint Counsel by Kedrick Trevon Darrough, Sr. (kdr) |
| Filing 16 SUMMONS Returned Executed. Dewayne Coleman served on 6/21/2019. Address Under Seal. (fjg) |
| Filing 15 ANSWER to #5 Amended Complaint with Jury Demand by James Beasley, Phillip Suell, Jeremy Williams.(Morrison, Kesia) |
| Filing 14 NOTICE of Appearance by Kesia Morrison on behalf of James Beasley, Phillip Suell, Jeremy Williams (Morrison, Kesia) |
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Filing 13
ORDER directing the Clerk to prepare summons and the USM to serve Defendant Coleman at his private address without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 6/10/2019. (lej)
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| Summons Reissued as to Dewayne Coleman and forwarded to the U.S. Marshal for service. (ljb) |
| Filing 12 SUMMONS Returned Executed. Phillip Suell served on 6/3/2019. (fjg) |
| Filing 11 SUMMONS Returned Executed. Jeremy Williams served on 6/3/2019. (fjg) |
| Filing 10 SUMMONS Returned Executed. James Beasley served on 6/3/2019. (fjg) |
| Filing 9 Summons Returned Unexecuted on 6/3/2019 as to Dewayne Coleman. Address Under Seal. (fjg) |
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Filing 8
ORDER approving and adopting in its entirety #7 Partial Recommendation as this Court's findings in all respects. Plaintiff may proceed with his failure to protect claim against Defendants Coleman, Beasley, Suell, and Williams. All other allegations against Defendants Coleman, Beasley, Suell and Williams are dismissed without prejudice for failure to state a claim upon which relief may be granted. All claims against Defendants Ford, Hurst, Paige, Payne, and Kelley are dismissed without prejudice for failure to state a claim upon which relief may be granted. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge James M. Moody Jr. on 6/6/2019. (ljb)
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Filing 7
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff be allowed to proceed with his failure to protect claim against Defendants Coleman, Beasley, Suell, and Williams #5 . All other allegations against Defendants Coleman, Beasley, Suell, and Williams be dismissed without prejudice for failure to state a claim upon which relief may be granted. All claims against Defendants Ford, Hurst, Paige, Payne, and Kelley be dismissed without prejudice for failure to state a claim upon which relief may be granted. The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from any order adopting this partial recommendation 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 5/20/2019. (lej)
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Filing 6
ORDER that the Clerk shall prepare summons and the USM shall serve Defendants Beasley, Coleman, Williams, and Suell without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 5/20/2019. (lej)
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| Summons Issued as to James Beasley, Dewayne Coleman, Phillip Suell, Jeremy Williams and forwarded to the U.S. Marshal for service. (ljb) |
| Filing 5 AMENDED COMPLAINT against All Defendants, filed by Kedrick Trevon Darrough, Sr.(kdr) |
| Filing 4 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Kedrick Trevon Darrough, Sr. (llg) |
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Filing 3
ORDER granting Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit #1 . Service is not appropriate at this time. If Plaintiff wishes to amend his complaint, he may complete the new complaint form in its entirety in accordance with this order, mark it as "Amended Complaint," and file it within 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 5/1/2019. (lej)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Kedrick Trevon Darrough, Sr.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Kedrick Trevon Darrough, Sr. (kdr) |
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