Wesley v. Kinley et al
| Kaiven Lemar Wesley |
| Tiffany Kinley, Stephanie Holmes, Correctional Officer K. Lipps, Dr. Joseph Deluca, Correctional Officer Peyton Potter and Nurse Stephanie Holmes |
| 1:2022cv01026 |
| May 4, 2022 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 16 USM 285 FORM/ SUMMONS Returned Executed by Kaiven Lemar Wesley. K. Lipps served on 5/25/2022, answer due 6/15/2022. (cnn) |
| Filing 15 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to K. Lipps and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred (42:1983), #4 Magistrate Notice/Consent Form, #14 Order Directing Service.(cnn) (Additional attachment(s) added on 6/23/2022: #1 Exhibit Summons with address/SEALED) (cnn). |
| Filing 14 REDACTED ORDER DIRECTING THE MARSHALS SERVICE TO SERVE K. Lipps and granting 21 days to answer. Signed by Honorable Barry A Bryant on June 23, 2022. (cc: U.S. Marshals Service-Certified).(cnn) (Additional attachment(s) added on 6/23/2022: #1 Exhibit Sealed Order) (cnn) |
| Filing 13 TEXT ONLY ORDER denying #12 Motion to Appoint Counsel. 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 the need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual and legal complexity of the case, and whether Plaintiff has the ability to investigate and present this case. In considering these factors, the Court finds that the claims do not appear legally or factually complex, and Plaintiff is adequately prosecuting this case at this time. The Court finds Plaintiff is capable of prosecuting his claims without appointed counsel. At a later stage in the case, Plaintiff may again request appointment of counsel if Plaintiff believes the circumstances justify such an appointment. Signed by Honorable Barry A Bryant on June 22, 2022. (mlf) |
| Filing 12 MOTION to Appoint Counsel by Kaiven Lemar Wesley. Motions referred to Barry A Bryant.(cnn) |
| Filing 11 ANSWER to #1 Complaint Referred (42:1983) by Joseph Deluca, Stephanie Holmes, Tiffany Kinley, Peyton Potter.(Heaton, Colin) |
| Filing 10 TEXT ONLY ORDER denying #9 Motion to subpoena documents from Defendants. Plaintiff's motion is premature. Defendants have not yet been served with this lawsuit. Once they are served and have filed an Answer, Plaintiff should seek production of any documents directly from the Defendants. Discovery requests are not to be sent to the Court. Signed by Honorable Barry A Bryant on June 8, 2022. (mlf) |
| Filing 9 MOTION for Subpoena by Kaiven Lemar Wesley. Motions referred to Barry A Bryant.(mll) |
| Filing 8 MOTION for Preliminary Injunction and Temporary Restraining Order by Kaiven Lemar Wesley. Motions referred to Barry A Bryant.(mll) |
| Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Joseph Deluca, Stephanie Holmes, Tiffany Kinley, K. Lipps, Peyton Potter and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #1 Complaint Referred (42:1983), #6 Order Directing Service, #4 Magistrate Notice/Consent Form. (cnn) |
Filing 6
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Joseph Deluca, Stephanie Holmes, Tiffany Kinley, K. Lipps, Peyton Potter and granting 21 days to answer. Signed by Honorable Barry A Bryant on May 5, 2022. (cc: U.S. Marshals Service-Certified).(cnn)
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| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Ouachita County Detention Center to collect from petitioner's prison account an initial partial filing fee of $6.00; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full (cc: Sheriff, Ouachita County). |
| Filing 4 Magistrate Notice/Consent Form.(mll) |
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis (42:1983). Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the filing fee from the Plaintiff.Plaintiff is advised that he is required to immediately inform the Court of any change of address. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of the new address. Plaintiff shall submit a change of address on a separate piece of paper entitled Notice to the Court of Change of Address and not include any motions or otherwise request relief in this document. The notice shall contain only information pertaining to the address change. The case will be subject to dismissal if Plaintiff fails to inform the Court of an address change. The Clerk is directed to collect the filing fee in the amount of $350.00. Signed by Honorable Barry A Bryant on May 4, 2022.(mll)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Kaiven Lemar Wesley. Motions referred to Barry A Bryant.(mll) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Joseph Deluca, Stephanie Holmes, Tiffany Kinley, K. Lipps, Peyton Potter filed by Kaiven Lemar Wesley.(mll) |
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