Gould v. Emsweller et al
| Gary Gould |
| Wendy Kelley, Does Rover Officers, Tucker Max, Wesley Harris, Brandon Bass, Emsweller, Daryl A Graydon, Evan C Nally and Jeremy Lamar Ridgle |
| 5:2019cv00282 |
| September 4, 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 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 25, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 23
ORDER directing the Clerk to reissue summons and the USM to serve Defendant Graydon without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 10/23/2019. (lej)
|
| Summons Reissued as to Daryl A Graydon and forwarded to U.S. Marshal for service. (ljb) |
| Filing 22 SUMMONS Returned Executed. Jeremy Lamar Ridgle served on 9/30/2019. (ajt) |
| Filing 21 SUMMONS Returned Executed. Evan C Nally served on 9/30/2019. (ajt) |
| Filing 20 Summons Returned Unexecuted on 9/30/2019 as to Daryl A Graydon. Address Under Seal. (fjg) |
| Filing 19 ANSWER to #2 Complaint with Jury Demand by Evan C Nally, Jeremy Lamar Ridgle.(Morrison, Kesia) |
| Filing 18 NOTICE of Appearance by Kesia Morrison on behalf of Evan C Nally, Jeremy Lamar Ridgle (Morrison, Kesia) |
| Filing 17 ANSWER to #2 Complaint with Jury Demand by Brandon Bass, Emsweller, Wesley Harris.(Morrison, Kesia) |
| Filing 16 NOTICE of Appearance by Kesia Morrison on behalf of Brandon Bass, Emsweller, Wesley Harris (Morrison, Kesia) |
|
Filing 15
ORDER approving and adopting in its entirety #4 Proposed Findings and Recommended Disposition as this Court's findings in all respects; dismissing with prejudice Plaintiff's official capacity claims; dismissing without prejudice Plaintiff's retaliation claim and conspiracy claim; dismissing without prejudice Plaintiff's claims against Defendant Wendy Kelley; and certifying that an in forma pauperis appeal from any Order adopting these recommendations would not be taken in good faith. Signed by Judge James M. Moody Jr. on 9/24/2019. (ljb)
|
| Filing 14 SUMMONS Returned Executed. Wesley Harris served on 9/16/2019. (ajt) |
| Filing 13 SUMMONS Returned Executed. Emsweller served on 9/16/2019. (ajt) |
| Filing 12 SUMMONS Returned Executed. Brandon Bass served on 9/16/2019. (ajt) |
|
Filing 11
ORDER that the Clerk prepare summons and the USM serve Defendants Graydon, Nally, and Ridgle without prepayment of fees and costs or security therefore #6 . Signed by Magistrate Judge Joe J. Volpe on 9/20/2019. (lej)
|
| Summons Issued as to Daryl A Graydon, Evan C Nally, Jeremy Lamar Ridgle and forwarded to the U.S. Marshal for service. (ljb) |
|
Filing 10
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to amend #7 . As previously stated, the Court will only consider claims properly pled in a complaint or in a superseding amended complaint. Additionally, Plaintiff was notified that the Court will not consider claims stated in notices or other pleadings not filed in compliance with the Federal Rules of Civil Procedure. Plaintiff's motion to appoint counsel is denied #8 . 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 9/19/2019. (lej)
|
| Filing 9 FIRST REQUEST for Production of Documents by Gary Gould. (ljb) |
| Filing 8 MOTION to Appoint Counsel by Gary Gould. (ljb) |
| Filing 7 MOTION to Amend #2 Complaint by Gary Gould. (llg) |
| Filing 6 MOTION for Service by Gary Gould. (llg) |
| Summons Issued as to Brandon Bass, Emsweller, Wesley Harris and forwarded to the U.S. Marshal for service. (ljb) |
|
Filing 5
ORDER that the Clerk prepare summons and the USM serve Defendants Emsweller, Bass, and Harris without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 9/5/2019. (lej)
|
|
Filing 4
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff's official capacity claims be dismissed with prejudice. Plaintiff's retaliation claim be dismissed without prejudice. Plaintiff's conspiracy claim be dismissed without prejudice. Plaintiff's claims against Defendant Wendy Kelley be dismissed without prejudice. 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 9/5/2019. (lej)
|
|
Filing 3
ORDER granting Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit #1 . Signed by Magistrate Judge Joe J. Volpe on 9/4/2019. (lej)
|
| Filing 2 COMPLAINT against All Defendants filed by Gary Gould. (ljb) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Gary Gould. (ljb) |
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.
