Lonix v. Thomas et al
| Shane A Lonix |
| Nunag, Dernitta Thomas, Lindsey Fortson, Does ADC Administration, Quillen, James, Bryant and Preselfannie R Taylor |
| 5:2019cv00341 |
| October 31, 2019 |
| US District Court for the Eastern District of Arkansas |
| D P Marshall |
| 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 May 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 Letter to the Court from Shane A Lonix. (llg) |
| Filing 24 MOTION to Appoint Counsel by Shane A Lonix. (llg) |
Filing 23
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion for settlement #22 . The Court does not get involved with settlements unless both parties agree to mediation and the matter is referred for settlement. Signed by Magistrate Judge Joe J. Volpe on 12/27/2019. (lej)
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| NOTICE OF DOCKET CORRECTION re #22 Motion to Amend. CORRECTION: The docket entry was modified to correct the description to "Motion for Settlement", per instruction from chambers. (kbc) |
| Filing 22 MOTION for Settlement by Shane A Lonix. (llg) Docket entry modified on 12/27/2019 to correct description. (kbc) |
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Filing 21
INITIAL SCHEDULING ORDER: Discovery due by 6/22/2020. Dispositive motions due by 7/20/2020. Dispositive motions on the issue on the issue of exhaustion due by 2/20/2020. Signed by Magistrate Judge Joe J. Volpe on 12/20/2019. (lej)
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| Filing 20 NOTICE, CONSENT AND REFERENCE to a Magistrate Judge forwarded by the Clerk of Court. (lej) |
| Filing 19 ANSWER to #2 Complaint with Jury Demand by Bryant, Dernitta Thomas.(France, Vincent) |
| Filing 18 NOTICE of Appearance by Vincent P. France on behalf of Bryant, Dernitta Thomas (France, Vincent) |
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Filing 17
(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 14 #16 . Signed by Magistrate Judge Joe J. Volpe on 12/6/2019. (lej)
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| Filing 16 MOTION to Appoint Counsel by Shane A Lonix. (kdr) |
| Filing 15 SUMMONS Returned Executed Quillen served on 11/12/2019. (kdr) |
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Filing 14
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying Plaintiff's motion to appoint counsel #11 . 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 11/27/2019. (lej)
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| Filing 13 ANSWER to #2 Complaint with Jury Demand by Quillen.(France, Vincent) |
| Filing 12 NOTICE of Appearance by Vincent P. France on behalf of Quillen (France, Vincent) |
| Filing 11 MOTION to Appoint Counsel by Shane A Lonix. (llg) |
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Filing 10
ORDER adopting #5 partial recommendation. Lonix may proceed with his excessive force claims against Defendants Thomas, Quillen, and Bryant in this lawsuit. All other claims and Defendants are dismissed without prejudice. Signed by Chief Judge D. P. Marshall Jr. on 11/19/2019. (jak)
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| Filing 9 OBJECTION to #5 Proposed Findings and Recommendations by Shane A Lonix. (ljb) |
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Filing 8
(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. (Doc. No. 4 at 2-3). The Clerk shall mail Plaintiff a complaint form. Signed by Magistrate Judge Joe J. Volpe on 11/8/2019. (lej)
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| Filing 7 MOTION to Amend #2 Complaint by Shane A Lonix. (ljb) |
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Filing 6
ORDER that the Clerk prepare summons and the USM serve Defendants Thomas, Quillen, and Bryant without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 11/7/2019. (lej)
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Filing 5
PROPOSED FINDINGS AND RECOMMENDATIONS that all of Plaintiff's claims except the allegations of excessive force on 9/27/2019 be dismissed without prejudice. Plaintiff's claims against Defendants James, Nunag, Taylor, Fortson, and Does 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 this 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 11/7/2019. (lej)
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| Summons Issued as to Bryant, Quillen, Dernitta Thomas and forwarded to the U.S. Marshal for service. (ljb) |
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Filing 4
ORDER granting Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit #1 . Signed by Magistrate Judge Joe J. Volpe on 11/4/2019. (lej)
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| Filing 3 REQUESTS by Shane A Lonix. (llg) |
| Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Shane A Lonix. (llg) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Shane A Lonix. (llg) |
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