Kykendall v. Roberts et al
| Michael Dean Kykendall |
| Sheriff Ricky Roberts, Captain Lisa Worley, Dr. Deanna Hopson and Lieutenant Noah Sorrels |
| 1:2023cv01089 |
| September 22, 2023 |
| 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 |
| Both |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 TEXT ONLY ORDER denying #18 Motion to Appoint Counsel. Plaintiff has again requested appointment of counsel. Appointment of Counsel is made at the discretion of the Court. 28 U.S.C. Sec. 1915(e)(1). For the reasons stated in the Courts prior Order (ECF No. 15) this Motion for Appointment of Counsel is DENIED. Signed by Honorable Barry A Bryant on November 17, 2023. (smg) |
| Filing 18 MOTION to Appoint Counsel by Michael Dean Kykendall. Motions referred to Barry A Bryant.(tg) |
| Filing 17 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Reissued as to Deanna Hopson and USM285 Form 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, #16 Order Directing Service.(mll) (Main Document 17 replaced on 11/6/2023) (mll). |
Filing 16
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Deanna Hopson and granting 21 days to answer. Signed by Honorable Barry A Bryant on November 6, 2023. (cc: U.S. Marshals Service)(mll)
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| Filing 15 TEXT ONLY ORDER denying #10 Motion asking for the Court to order medical tests. The Court is still in the process of serving Defendants. The Court cannot order any medical tests. If Plaintiff prevails on the merits, that is the time to ask for injunctive relief in the form of ordering medical tests be undertaken. Plaintiff's Motion to Appoint Counsel #10 is denied. 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. As mentioned above, this case is in the early stages. Service has not been completed on all Defendants. Thus far the only action Plaintiff has taken is the filing of his complaint. He sufficiently stated his claims that the Court is serving the Complaint. 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 November 6, 2023. (smg) |
| Filing 14 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.ADDRESS INFORMATION PROVIDED for Dr. Deanna Hopson. (Owens, Jason) |
| Filing 13 Summons Returned Unexecuted by Michael Dean Kykendall as to Deanna Hopson.(mll) |
| Filing 12 SUMMONS Returned Executed by Michael Dean Kykendall. Lisa Worley served on 10/16/2023, answer due 11/6/2023.(mll) |
| Filing 11 SUMMONS Returned Executed by Michael Dean Kykendall. Ricky Roberts served on 10/5/2023, answer due 10/26/2023; Noah Sorrels served on 10/5/2023, answer due 10/26/2023.(mll) |
| Filing 10 MOTION to Appoint Counsel, MOTION for Miscellaneous Relief by Michael Dean Kykendall. Motions referred to Barry A Bryant.(mll) |
| Filing 9 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Ricky Roberts, Noah Sorrels, Lisa Worley.(Owens, Jason) |
| Filing 8 Summons Returned Unexecuted by Michael Dean Kykendall as to Deanna Hopson. (jlm) |
| Filing 7 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Deanna Hopson, Ricky Roberts, Noah Sorrels, Lisa Worley and USM285 forms 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, #6 Order Directing Service.(mll) |
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Filing 6
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Deanna Hopson, Ricky Roberts, Noah Sorrels, Lisa Worley and granting 21 days to answer. Signed by Honorable Barry A Bryant on September 29, 2023. (cc: U.S. Marshals Service)(mll)
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| Filing 5 CLERK'S ORDER re PLRA Fee directing Union County Detention Center to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $350.00 filing fee is paid in full. (cc: Sheriff, Union County)(mll) |
| 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 September 22, 2023.(mll)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Michael Dean Kykendall. Motions referred to Barry A Bryant.(mll) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Deanna Hopson, Ricky Roberts, Noah Sorrels, Lisa Worley filed by Michael Dean Kykendall.(mll) |
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