Weir v. Myers et al
| Joseph A Weir |
| United States, R Myers, Mrs Chano, Dr Joel Alexandre, J S Willis, USA, Rashawda Moody, Heather Howard and J F Caraway |
| 2:2018cv01276 |
| September 26, 2018 |
| US District Court for the Western District of Louisiana |
| Kathleen Kay |
| Prisoner Petitions: Civil Rights |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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Filing 14
ELECTRONIC ORDER re #13 Motion for Order to Show Cause. The issue of plaintiff's exhaustion of administrative remedies is an affirmative defense, which has not yet been asserted by defendants in any answer or motion pending before this court. To the extent that plaintiff seeks information on the BOP's handling of his administrative remedies, he may obtain it through discovery filed after defendants have made an answer to his petition. Accordingly, the Motion for Order to Show Cause is DENIED. Signed by Magistrate Judge Kathleen Kay on 11/20/2018. (jud,Kay, Kathleen)
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| Filing 13 MOTION for Order to Show Cause by Joseph A Weir. Motions referred to Magistrate Judge Kathleen Kay. (Attachments: #1 Exhibits, #2 Envelope)(crt,Haik, K) |
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Filing 12
ORDER granting #7 Motion for Leave to Proceed in forma pauperis. No initial filing fee due. Further ordered that plaintiff make payments of 20 percent of income for preceding month until $350.00 has been paid in full. Clerk manually noticed Prison Accounts Officer. Signed by Magistrate Judge Kathleen Kay on 11/13/2018. (crt,HaikSld, K)
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Filing 11
MEMORANDUM ORDER: Directing plaintiff to amend complaint. Pro Se Response due by 12/13/2018. Signed by Magistrate Judge Kathleen Kay on 11/13/2018. (crt,Haik, K)
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Filing 10
ELECTRONIC ORDER re #2 Motion to Appoint Counsel. In a Section 1983 orBivenscase, the trial court has discretion to appoint counsel for an indigent plaintiff if doing so would advance the proper administration of justice. Branch v. Cole, 686 F.2d 264, 266-67 (5th Cir. 1982). Counsel may also be appointed for indigent plaintiffs in FTCA cases, but only where certain exceptional factors are shown.Huff v. Neal,555 Fed. App'x 289, 299 (5th Cir. 2014). In both types of cases, the court should consider the following factors in ruling on such a request: (1) the type and complexity of the case; (2) whether the plaintiff is capable of adequately representing his case; (3) whether the plaintiff is in a position to adequately investigate the case; and (4) whether the evidence will consist of conflicting testimony so as to require skill in the presentation of evidence and in cross-examination.Id.(citingUlmer v. Chancellor,691 F.2d 209, 212 (5th Cir. 1982)).Here Weir's complaint must be amended before its sufficiency can be determined, defendants have not been served, and no answer has been filed. Accordingly, we cannot make a decision on the complexity of the case and the ability of plaintiff to navigate this matter himself. The motion to appoint counsel is therefore denied as premature. Signed by Magistrate Judge Kathleen Kay on 11/13/2018. (jud,Kay, Kathleen)
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| Filing 9 PROPOSED ORDER re #7 Motion for Leave to Proceed in forma pauperis, referred to Magistrate Judge Kathleen Kay. (Public entry, but no electronic notice). (crt,Haik, K) |
| Filing 8 CORRECTIVE DOCUMENT entitled Accounts officer page filed by Joseph A Weir regarding #7 MOTION for Leave to Proceed in forma pauperis. (Attachments: #1 Envelope)(crt,Haik, K) |
| NOTICE of Change of Address by Joseph A Weir. Clerk updated address to Oakdale II P O Box 5010, Oakdale, LA 71463. (crt,Haik, K) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Joseph A Weir. (Accounts officer page completed by plaintiff. Clerk resent with a note stating it must be completed by an authorized accounts officer.) Motions referred to Magistrate Judge Kathleen Kay. (Attachments: #1 Exhibit, #2 Envelope)(crt,Haik, K) Modified to remove deficiency notation per doc. #8 on 11/13/2018 (Haik, K). |
| Filing 6 COMPLAINT against R Myers, Joel Alexandre, Chano, Heather Howard, J S Willis, J F Caraway, Rashawda Moody filed by Joseph A Weir. (Attachments: #1 Memorandum / Brief, #2 Request for production of documents, #3 Exhibits, #4 Cover letter, #5 Envelope)(crt,Haik, K) |
| Filing 5 LETTER to Court/EXHIBITS re #1 Complaint by Joseph A Weir. (Attachments: #1 Exhibits, #2 Envelope)(crt,Haik, K) |
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Filing 4
MEMORANDUM ORDER: Plaintiff failed to submit documents on approved forms. Plaintiff failed to submit filing fee or a completed IFP application. Pro Se Deadline to comply with deficiency set for 11/2/2018. Signed by Magistrate Judge Kathleen Kay on 10/3/2018. (Attachments: #1 Bivens Complaint, #2 IFP Application)(crt,ThomasSld, T)
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| Filing 3 PROPOSED MEMORANDUM ORDER referred to Magistrate Judge Kathleen Kay. (Public entry, but no electronic notice). (crt,Thigpen, M) |
| CASE Assigned to Unassigned District Judge and Magistrate Judge Kathleen Kay. Motions referred to Magistrate Judge Kathleen Kay. (crt,Thigpen, M) |
| Filing 2 MOTION to Appoint Counsel by Joseph A Weir. (crt,Miletello, A) |
| Filing 1 DEFICIENT COMPLAINT against R Myers, United States filed by Joseph A Weir. (Attachments: #1 Civil cover sheet, #2 Envelope)(crt,Miletello, A) . Complaint not on approved forms. |
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