Johnson v. Kelley et al
| Michael Andrew Johnson |
| Wendy Kelley, Jada Lawerence, Paroon, Lyn Bennett, Brown and Mindy Shell |
| 5:2019cv00242 |
| July 29, 2019 |
| US District Court for the Eastern District of Arkansas |
| Joe J Volpe |
| Billy Roy Wilson |
| Prison Condition: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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Filing 31
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motions to amend based on the Court's previous order 25 #28 #30 . Signed by Magistrate Judge Joe J. Volpe on 9/23/2019. (lej)
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| Filing 30 MOTION to Amend by Michael Andrew Johnson. (kdr) |
| Filing 29 AFFIDAVIT by Michael Andrew Johnson. (kdr) |
| Filing 28 MOTION to Amend #2 Complaint by Michael Andrew Johnson. (ljb) |
| Filing 27 FIRST REQUEST for Production of Documents by Michael Andrew Johnson.(kdr) |
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Filing 26
ORDER that the Clerk prepare a summons and the USM serve Defendant Brown without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 9/20/2019. (lej)
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| Summons Reissued as to Brown (Byron) and forwarded to U.S. Marshal for service. (ljb) |
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Filing 25
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting in part and denying in part Plaintiff's motion to dismiss party and amend complaint #24 . Plaintiff wishes to add four defendants but fails to state how they violated his constitutional rights. I previously notified Mr. Johnson that the Court would only consider claims properly pled in a complaint or superseding amended complaint. (Doc. No. 3 at 3.) If Plaintiff wishes to add these individuals as defendants he must file an amended complaint and 1) name all the parties he believes deprived him of his constitutional rights and whom he wishes to sue in this action; 2) provide specific facts against each named defendant in a simple, concise, and direct manner, including dates, times, and places, if applicable; 3) indicate whether he is suing each defendant in his/her individual or official capacity, or in both capacities; and 4) how Plaintiff was harmed. Plaintiff is cautioned that an amended complaint renders his original complaint without legal effect. Only claims properly set out in the amended complaint will be allowed to proceed. Paroon (CO I, Security Officer, Wrightsville Unit, Department of Correction) terminated. Signed by Magistrate Judge Joe J. Volpe on 9/19/2019. (lej)
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| Filing 24 MOTION to Dismiss Party and Amend #2 Complaint by Michael Andrew Johnson. (ljb) |
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Filing 23
ORDER denying #20 Motion for Temporary Restraining Order, Appointment of Counsel, and Discovery. Signed by Judge Billy Roy Wilson on 9/17/2019. (ljb)
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Filing 22
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel for the same reasons previously stated 19 #20 . Plaintiff's motion for discovery is denied as moot #20 . Requests for discovery are not filed with the Court. The Federal Rules of Civil Procedure provide that requests for discovery should not be filed with the court, but should be mailed directly to the Defendants. FED. R. CIV. P. 5(d)(1), 26, Loc. R. 7.2, 26.1. Signed by Magistrate Judge Joe J. Volpe on 9/16/2019. (lej)
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| Filing 21 RESPONSE to #15 Order by Michael Andrew Johnson. (kdr) |
| Filing 20 MOTION for Temporary Restraining Order, to Appoint Counsel, and for Discovery by Michael Andrew Johnson. (ljb) |
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Filing 19
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion for copies #17 . The motion to appoint counsel is denied #18 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 9/12/2019. (lej)
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| Filing 18 MOTION to Appoint Counsel by Michael Andrew Johnson. (ljb) |
| Filing 17 MOTION for Copies by Michael Andrew Johnson. (ljb) |
| Filing 16 RESPONSE in Opposition to #8 Answer to Complaint by Michael Andrew Johnson. (ljb) |
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Filing 15
ORDER that Plaintiff must provide additional identifying information for Defendants Paroon and Brown within 30 days of the date of this order. Signed by Magistrate Judge Joe J. Volpe on 9/3/2019. (lej)
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| Filing 14 Summons Returned Unexecuted as to Paroon. (llg) |
| Filing 13 Summons Returned Unexecuted as to Brown. (llg) |
| Filing 12 SUMMONS Returned Executed. Wendy Kelley served on 8/12/2019. (llg) |
| Filing 11 SUMMONS Returned Executed. Mindy Shell served on 8/12/2019. (llg) |
| Filing 10 SUMMONS Returned Executed. Jada Lawerence served on 8/12/2019. (llg) |
| Filing 9 SUMMONS Returned Executed. Lyn Bennett served on 8/12/2019. (llg) |
| Filing 8 ANSWER to #2 Complaint with Jury Demand by Lyn Bennett, Wendy Kelley, Jada Lawerence, Mindy Shell.(Strange, Sam) |
| Filing 7 NOTICE of Appearance by Sam P. Strange, Jr on behalf of Lyn Bennett, Wendy Kelley, Jada Lawerence, Mindy Shell (Strange, Sam) |
| Filing 6 REQUEST for Production of Documents by Michael Andrew Johnson.(kdr) |
| Filing 5 NOTICE of Change of Address by Michael Andrew Johnson. (kdr) |
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Filing 4
ORDER that the Clerk shall prepare summons and the USM shall serve Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 7/31/2019. (lej)
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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 7/31/2019. (lej)
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| Summons Issued as to All Defendants and forwarded to the U.S. Marshal for service. (ljb) |
| Filing 2 COMPLAINT against All Defendants filed by Michael Andrew Johnson. (llg) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Michael Andrew Johnson. (llg) |
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