Egziabher v. Faubus
| Assefa Gabrel Egziabher, Jr. |
| Officer Faubus |
| 5:2020cv05005 |
| January 6, 2020 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Erin L Wiedemann |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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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 Defendant 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 claim against Officer Faubus arising out of an incident occurring on September 21, 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 Defendant answers, an initial scheduling order will be entered. This order, among other things, requires the Defendant 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 Faubus and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #3 Magistrate Notice/Consent Form, #7 Amended Complaint, #8 Order Directing Service. (lgd) |
Filing 8
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Faubus and granting 21 days to answer. Signed by Honorable Erin L. Wiedemann on February 26, 2020. (cc: U.S. Marshals Service-Certified).(lgd) Modified text on 2/27/2020 (lgd).
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| Filing 7 Second AMENDED COMPLAINT with Jury Demand as to #5 Amended Complaint against Faubus, 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 an Amended Complaint be filed. Amended Complaint due by 2/28/2020. The Clerk is directed to mail the Plaintiff a court-approved 1983 form. Signed by Honorable Erin L. Wiedemann on February 11, 2020. (lgd)
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| Filing 5 AMENDED COMPLAINT with Jury Demand as to #2 Amended Complaint against Faubus, filed by Assefa Gabrel Egziabher, Jr. Related document: #2 Amended Complaint filed by Assefa Gabrel Egziabher, Jr..(tg) |
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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 Faubus, filed by Assefa Gabrel Egziabher, Jr.(tg) |
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Filing 1
ORDER directing opening of new case involving the arrest on September 21, 2019 (see Order for specifics). Signed by Honorable Erin L. Wiedemann on January 6, 2020. (tg)
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| Plaintiff: Assefa Gabrel Egziabher, Jr. | |
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| Defendant: Officer Faubus | |
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