Egziabher v. McIlroy et al
| Assefa Gabrel Egziabher, Jr. |
| Detective McIlroy, Officer Cooper and Officer jason Cooper |
| 5:2020cv05004 |
| January 6, 2020 |
| US District Court for the Western District of Arkansas |
| P K Holmes |
| Erin L Wiedemann |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 11 TEXT ONLY ORDER denying #10 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. The motions for partial summary judgment #10 and summary judgment #10 are denied as PREMATURE. The Court just ordered service on the Defendants by Order #8 entered on February 26, 2020. Further, the Court notes Plaintiff has moved for summary judgment in multiple cases in this same document. Plaintiff may not do this. He may at the appropriate time file a summary judgment motion that addresses only the claims against Detective McIlroy and Officer Cooper arising out of an incident occurring on April 5, 2019. Plaintiff may support his motion with exhibits and make arguments that establish his entitlement to summary judgment on the claim at issue in this case.The request for the subpoena of documents #10 is also denied as PREMATURE. Once Defendants file an answer, an initial scheduling order will be entered. This order, among other things, requires the Defendants to automatically provide the Plaintiff with a number of documents. The parties may also engage in discovery. Plaintiff will be able to obtain the documents he needs in this manner. Signed by Honorable Erin L. Wiedemann on February 28, 2020. (smg) |
| Filing 10 MOTION to Appoint Counsel, MOTION to Subpoena Duces Tecum, MOTION for Partial Summary Judgment, MOTION for Summary Judgment by Assefa Gabrel Egziabher, Jr. Motions referred to Erin L. Wiedemann.(tg) |
| Filing 9 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Cooper, McIlroy and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #7 Amended Complaint, #8 Order Directing Service, #3 Magistrate Notice/Consent Form. (lgd) |
Filing 8
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Cooper, McIlroy and granting 21 days to answer. Signed by Honorable Erin L. Wiedemann on February 26, 2020. (cc: U.S. Marshals Service-Certified).(lgd)
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| Filing 7 Second AMENDED COMPLAINT with Jury Demand as to #5 Amended Complaint against Cooper, McIlroy, filed by Assefa Gabrel Egziabher, Jr. Related document: #5 Amended Complaint filed by Assefa Gabrel Egziabher, Jr..(src) |
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Filing 6
ORDER DIRECTING that a Second Amended Complaint be filed. Amended Complaint due by 2/28/2020. Signed by Honorable Erin L. Wiedemann on February 11, 2020. (src)
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| Filing 5 AMENDED COMPLAINT with Jury Demand as to #2 Amended Complaint against Cooper, McIlroy, filed by Assefa Gabrel Egziabher, Jr. (lgd) |
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Filing 4
ORDER DIRECTING that an Amended Complaint be filed. Amended Complaint due by 1/27/2020. Signed by Honorable Erin L. Wiedemann on January 8, 2020. (lgd)
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) (tg) |
| Filing 3 Magistrate Notice/Consent Form Furnished. (tg) |
| Filing 2 AMENDED COMPLAINT against Cooper, McIlroy, filed by Assefa Gabrel Egziabher, Jr.(tg) |
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Filing 1
ORDER directing opening of a new case involving the arrest on April 5, 2019 (see Order for specifics). Signed by Honorable Erin L. Wiedemann on January 6, 2020. (tg)
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