Hakim X v. Straughn et al
| Patrick Romes/Ibrahim Hakim X |
| William Straughn, Kenneth D Starks, John Haynes, Does 1-6;Correctional Officers, Cummins Unit, ADC, Kenyetta L Spratt, Rose Newby, J West, Marshall Dale Reed and Jimmy Coleman |
| 5:2019cv00283 |
| September 4, 2019 |
| U.S. 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 August 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 SUMMONS Returned Executed. Rose Newby served on 10/7/2019. (fjg) |
| Filing 28 ANSWER to #2 Complaint by Rose Newby.(Eubanks, Brent) |
Filing 27
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for order #26 . Discovery is stayed until 12/16/2019 so the issue of exhaustion may be resolved. Therefore, Plaintiff's motion is denied without prejudice. Plaintiff may renew his motion after the issue of exhaustion is adjudicated. Signed by Magistrate Judge Joe J. Volpe on 10/17/2019. (lej)
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| Filing 26 MOTION to Present Foundational Evidence by Patrick Romes/Ibrahim Hakim X. (llg) |
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Filing 25
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting the motion to stay discovery until 12/16/2019 #24 . The Defense shall file a motion for summary judgment on the issue of exhaustion on or before 12/16/2019. Signed by Magistrate Judge Joe J. Volpe on 10/16/2019. (lej)
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| Filing 24 MOTION to Stay Discovery and Incorporated Memorandum Brief in Support by Jimmy Coleman, John Haynes, Kenyetta L Spratt, Kenneth D Starks, William Straughn, J West (Garner, Jerry) |
| Filing 23 REQUEST for Production of Documents by Patrick Romes/Ibrahim Hakim X. (ljb) |
| Filing 22 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
| NOTICE OF DOCKET CORRECTION re 21 Order. CORRECTION: The docket text was modified to correct the description to include "This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.", pursuant to instruction from chambers. (kbc) |
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Filing 21
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel #19 . 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 10/7/2019. (lej) Docket text modified on 10/8/2019 to correct description. (kbc)
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| Filing 20 REQUEST for Production of Documents by Patrick Romes/Ibrahim Hakim X. (llg) |
| Filing 19 MOTION to Appoint Counsel by Patrick Romes/Ibrahim Hakim X. (llg) |
| Filing 18 OBJECTIONS to #5 Proposed Findings and Recommendations by Patrick Romes/Ibrahim Hakim X. (llg) |
| Filing 17 NOTICE of Appearance by Brent Jay Eubanks on behalf of Rose Newby (Eubanks, Brent) |
| Filing 16 ANSWER to #2 Complaint with Jury Demand by Jimmy Coleman, John Haynes, Kenyetta L Spratt, Kenneth D Starks, William Straughn, J West.(Garner, Jerry) |
| Filing 15 NOTICE of Appearance by Jerry D. Garner on behalf of Jimmy Coleman, John Haynes, Kenyetta L Spratt, Kenneth D Starks, William Straughn, J West (Garner, Jerry) |
| Filing 14 SUMMONS Returned Executed. J West served on 9/16/2019. (ajt) |
| Filing 13 SUMMONS Returned Executed. Jimmy Coleman served on 9/16/2019. (ajt) |
| Filing 12 SUMMONS Returned Executed. Kenyetta L Spratt served on 9/16/2019. (ajt) |
| Filing 11 SUMMONS Returned Executed. Kenneth D Starks served on 9/16/2019. (ajt) |
| Filing 10 SUMMONS Returned Executed. William Straughn served on 9/16/2019. (ajt) |
| Filing 9 SUMMONS Returned Executed. John Haynes served on 9/16/2019. (ajt) |
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Filing 8
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting Plaintiff's motion to extend time to 10/11/2019 to file objections #7 . Signed by Magistrate Judge Joe J. Volpe on 9/19/2019. (lej)
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| Filing 7 MOTION for Extension of Time to File Objections to #5 PROPOSED FINDINGS AND RECOMMENDATIONS by Patrick Romes/Ibrahim Hakim X. (llg) |
| Summons Issued as to Jimmy Coleman, John Haynes, Rose Newby, Kenyetta L Spratt, Kenneth D Starks, William Straughn, J West and forwarded to U.S. Marshal for service. (ljb) |
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Filing 6
ORDER that the Clerk prepare summons and the USM serve Defendants Coleman, Spratt, West, Straughn, Starks, Haynes, and Newby without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 9/6/2019. (lej)
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Filing 5
PROPOSED FINDINGS AND RECOMMENDATIONS that Plaintiff's official capacity claims be dismissed with prejudice. Plaintiff's access to the courts claim be dismissed without prejudice. Plaintiff's claims against Defendant Marshall Reed 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 9/6/2019. (lej)
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Filing 4
ORDER granting Plaintiff's motion to proceed without prepayment of fees and affidavit #1 . Signed by Magistrate Judge Joe J. Volpe on 9/5/2019. (lej)
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| Filing 3 DECLARATION in Support of #1 Motion for Leave to Proceed in forma pauperis filed by Patrick Romes/Ibrahim Hakim X. (kdr) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Patrick Romes/Ibrahim Hakim X.(kdr) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Patrick Romes/Ibrahim Hakim X. (kdr) |
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