Mundy v. Fitzpatrick et al
| Anthony Ray Mundy |
| J D Hudson, Jr, Mrs. Hosman and Fitzpatrick |
| 6:2018cv06115 |
| November 15, 2018 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| P K Holmes |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 9 TEXT ONLY ORDER denying #8 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 December 7, 2018. (klk) |
| Filing 8 MOTION to Appoint Counsel by Anthony Ray Mundy. Motions referred to Barry A. Bryant. (mll) |
| Filing 7 CLERK'S ORDER re PLRA Fee directing ADC-Ouachita River Unit 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (mjm) |
| Filing 6 TEXT ONLY ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Pursuant to the provisions of the Prison Litigation Reform Act, the clerk is directed to collect the $350.00 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, he shall have 30 days from the date of transfer in which to notify the Court of his 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. Plaintiffs case shall be subject to dismissal if he fails to inform the Court of an address change.Signed by Honorable Barry A. Bryant on November 16, 2018. (klk) |
| Filing 5 Magistrate Notice/Consent Form. (mjm) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:18-cv-00852. Docket sheet received. |
Filing 3
ORDER directing the Clerk to transfer this case immediately to the USDC for the W/D of Arkansas. Signed by Magistrate Judge Joe J. Volpe on 11/15/2018. (lej) [Transferred from ared on 11/15/2018.]
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| Filing 2 COMPLAINT against All Defendants, filed by Anthony Ray Mundy. (llg) [Transferred from ared on 11/15/2018.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Anthony Ray Mundy. (llg) [Transferred from ared on 11/15/2018.] |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (mjm) |
| MOTIONS REFERRED: #1 MOTION for Leave to Proceed in forma pauperis. Motions referred to Honorable Barry A. Bryant.(mjm) |
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