DeWalt v. Precythe et al
| Roderick DeWalt |
| Anne L. Precythe, Michelle Buckner, Officer Kirn, Officer Brashers, Nicholas Olade, Dennis Riggs, John Doe, Jane/Joe Doe, John/Jane Doe #2 and Corizon Health, LLC |
| 6:2022cv03014 |
| January 14, 2022 |
| US District Court for the Western District of Missouri |
| Prisoner Pro Se |
| Brian C Wimes |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2022. A more recent docket listing may be available from PACER.
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| RECEIPT number kcmo093971 in the amount of $73.57 issued to FBO:Roderick DeWalt. (Kern, Kendra) |
Filing 7
ORDER: ORDERED that, because Plaintiff has not paid the initial partial filing fee as previously ordered, Plaintiff shall show cause, on or before February 18, 2022 as to why this case should not be dismissed pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and for failure to comply with this Court's Orders. Signed on February 4, 2022 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached. (Davies, Cindy)
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Filing 6
ORDER that: (1) Plaintiff is granted leave to proceed in forma pauperis; (2) Plaintiff shall pay to the clerk of the court for the Western District of Missouri, an initial partial filing fee of $73.57; and (3) Plaintiff's failure to pay the required initial partial filing fee on or before February 3,2022, will result in the dismissal of this case without further notice Signed on 1/20/2022 by District Judge Brian C. Wimes. (Willis, Kathy)
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| Filing 5 INMATE ACCOUNT STATEMENT filed by Roderick DeWalt. (Willis, Kathy) |
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Filing 4
ORDER that Plaintiff's Motion for Appointment of Counsel (Doc. #3 ) is DENIED without prejudice because the record is not sufficiently developed to determine whether appointment of counsel is warranted and the case is subject to review and possibly pre-service dismissal under 28 U.S.C. 1915A. Plaintiff is advised that "[t]here is no constitutional right to appointed counsel in civil cases." Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir. 2006) (citing Edington v. Missouri Dept of Corr., 52 F.3d 777, 780 (8th Cir. 1995)). Rather, "[i]n civil rights matters the court may, pursuant to 28 U.S.C. 1915, 'request' an attorney to represent a party if, within the court's discretion, the circumstances are such that would properly justify such a request." Mosby v. Mabry, 697 F.2d 213, 214 (8th Cir. 1982). Among the factors to be considered by the district court in determining whether to appoint counsel in a civil case are "the factual complexity of the issues, the ability of the indigent person to investigate the facts, the existence of conflicting testimony, the ability of the indigent person to present the claims, and the complexity of the legal arguments." Phillips, 437 F.3d at 794.Signed on 1/19/2022 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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| Filing 3 PLAINTIFF'S MOTION for appointment of counsel filed by Roderick DeWalt. (Attachments: #1 Declaration in Support of Motion, #2 Memorandum in Support of Motion)(Willis, Kathy) |
| Filing 2 IFP FINANCIAL AFFIDAVIT filed by Roderick DeWalt. (Willis, Kathy) |
| Filing 1 COMPLAINT filed by Roderick DeWalt. (Attachment: #1 Complaint continued)(Willis, Kathy) |
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