Hurlbut v. Kelley et al
| Daniel Hurlburt and Daniel Hurlbut |
| Colbert and Wendy Kelley |
| 5:2019cv00173 |
| May 20, 2019 |
| US District Court for the Eastern District of Arkansas |
| Brian S Miller |
| Joe J Volpe |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on February 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 NOTICE OF APPEAL as to #25 Order by Daniel Hurlbut. (cmn) |
| Filing 28 MOTION for Leave to Appeal in forma pauperis by Daniel Hurlbut. (cmn) |
Filing 27
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: At this juncture, Plaintiff's motion for joinder is denied #26 . The dispositive motions deadline is still months away. If this matter proceeds to trial, Plaintiff may renew his motion at that time. Signed by Magistrate Judge Joe J. Volpe on 7/15/2019. (lej)
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| Filing 26 MOTION for Joinder by Daniel Hurlbut. (ljb) |
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Filing 25
ORDER adopting #13 recommended partial disposition; and denying #10 motion for class certification and #12 motion for preliminary injunction. An in forma pauperis appeal would not be taken in good faith. Signed by Chief Judge Brian S. Miller on 7/8/2019. (kdr)
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Filing 24
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Plaintiff is correct that I did not previously rule on his motion for judicial finding of fact. (Doc. No. 7.) Plaintiff seeks a judicial finding that his claims may not be deemed unexhausted. (Docs. No. 21, 22.) This issue is not in controversy at this time as Defendants have not filed any motion based on exhaustion. Therefore, Plaintiff seeks an unconstitutional advisory opinion and the motion is denied #21 #22 . Plaintiff's motion to extend time to amend his complaint is denied #23 . If Plaintiff wishes to amend he must submit his proposed amended complaint. Plaintiff is cautioned that an amended complaint will render his complaint without legal effect. The discovery deadline is December 20, 2019, so there is presently no reasonable basis to extend the date at this time. Signed by Magistrate Judge Joe J. Volpe on 6/27/2019. (lej)
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| Filing 23 MOTION for Leave to File Amended Complaint/Add Parties with Extended Deadline Dependent on Discovery by Daniel Hurlbut. (llg) |
| Filing 22 MOTION to Correct Judge's 11 Order/Clerical Error re #7 Motion by Daniel Hurlbut. (llg) |
| Filing 21 RENEWED MOTION for Judicial Finding of Fact on Res Judicata by Daniel Hurlbut. (llg) |
| Filing 20 OBJECTION to #13 Report and Recommendations by Daniel Hurlbut. (kdr) |
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Filing 19
INITIAL SCHEDULING ORDER: Discovery due by 12/20/2019. Dispositive motions due by 1/20/2020. Dispositive motion on the issue of exhaustion due by 8/20/2019. Signed by Magistrate Judge Joe J. Volpe on 6/20/2019. (lej)
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| Filing 18 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
| Filing 17 ANSWER to #2 Complaint with Jury Demand by Colbert, Wendy Kelley.(France, Vincent) |
| Filing 16 NOTICE of Appearance by Vincent P. France on behalf of All Defendants (France, Vincent) |
| Filing 15 SUMMONS Returned Executed. Wendy Kelley served on 6/7/2019. (llg) |
| Filing 14 SUMMONS Returned Executed. Colbert served on 6/7/2019. (llg) |
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Filing 13
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff's motion for class certification be denied #10 . Plaintiff's motion for preliminary injunction be denied #12 . The Court certify, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from any order adopting these recommendations 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 6/13/2019. (lej)
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| Filing 12 MOTION for Preliminary Injunction by Daniel Hurlbut. (ljb) |
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Filing 11
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motions for joinder #7 #9 . Plaintiff's motion to join USPS is denied. The allegations against USPS are wholly unrelated to his complaint #8 . Signed by Magistrate Judge Joe J. Volpe on 6/11/2019. (lej)
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| Filing 10 MOTION for Class Certification by Daniel Hurlbut. (ljb) |
| Filing 9 RENEWED MOTION for Joinder by Daniel Hurlbut. (ljb) |
| Filing 8 MOTION to Join USPS as Defendant by Daniel Hurlbut. (ljb) |
| Filing 7 MOTION for Judicial Finding of Fact by Daniel Hurlbut. (ljb) |
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Filing 6
ORDER directing the Clerk to prepare summons and the USM to serve Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 5/31/2019. (lej)
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| Summons Issued as to All Defendants and forwarded to the U.S. Marshal for service. (ljb) |
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Filing 5
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER that after careful consideration of Plaintiff's motion, I find it is denied #4 . Signed by Magistrate Judge Joe J. Volpe on 5/30/2019. (lej)
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| Filing 4 MOTION for Joinder of Party by Daniel Hurlbut. (ljb) |
| NOTICE OF DOCKET CORRECTION re: #1 Motion and #2 Complaint. CORRECTION: The docket text for each entry was modified to correct Plaintiff's name to be Daniel Hurlbut to correct a clerical mistake by the Clerk's office. (thd) |
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Filing 3
ORDER granting Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit #1 . Signed by Magistrate Judge Joe J. Volpe on 5/21/2019. (lej)
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| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Daniel Hurlbut.(kdr) (Docket text modified on 5/22/2019 to correct Plaintiff's name.)(thd). |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Daniel Hurlbut. (kdr) (Docket text modified on 5/22/2019 to correct Plaintiff's name.)(thd). |
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