ATKINSON v. FRICK et al
| CHARLES CURTIS ATKINSON |
| DEBRA E. COATS and CAROLINE FRICK, RN |
| 1:2018cv00763 |
| September 6, 2018 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #7 MOTION. (Sheets, Jamie) |
| Filing 9 Notice of Right to Consent. US Marshal shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 8 Summons Issued as to CAROLINE FRICK, RN. (Sheets, Jamie) |
| Filing 7 MOTION re: Summons filed by CHARLES CURTIS ATKINSON. (Attachments: #1 Summons, #2 Envelope - Front and Back) (Sheets, Jamie) |
Filing 6
ORDER signed by MAG/JUDGE L. PATRICK AULD on 10/18/2018, that Plaintiffs motion for relief from the stay of this action be granted. FURTHER that the Clerk shall send Plaintiff sufficient summonses for the Defendants. Plaintiff must fill out those summonses, including addresses suitable for service, and then return the summonses to the Clerk. Failure to provide addresses wherein service may be made will result in the dismissal of any Defendants that remain unserved after 120 days from the filing of the complaint. See Fed. R. Civ. P. 4(m). FURTHER that the United States Marshal shall serve the complaint on Defendants. A copy of this Order shall be sent to the parties and Plaintiff's current custodian. (Garland, Leah)
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| TEXT ORDER denying #5 Letter Motion by Plaintiff seeking appointment of counsel. In #5 Letter Motion, Plaintiff incorporates arguments for appointment of counsel that he made in a motion filed in a prior case. The Court concludes that those arguments do not entitle Plaintiff to appointment of counsel in this case. First, Plaintiff has no right to appointment of counsel in this civil case. Second, the Court lacks funds to pay an attorney to represent Plaintiff. Third, Plaintiff has not shown exceptional circumstances warranting the Court's intervention to attempt to locate an attorney willing to represent Plaintiff for free. Most notably, it is not apparent that he lacks the capacity to present any colorable claim he may possess. Although Plaintiff's claim involves a medical issue, in #2 Complaint he alleges that he already possesses medical records that substantiate his claim. Under these circumstances, it is not apparent (i.e., obvious) that Plaintiff requires an attorney's assistance to present his claim. Issued by MAG/JUDGE L. PATRICK AULD on 10/17/2018. (AULD, L.) |
| Motions Referred to MAG/JUDGE L. PATRICK AULD RE: #4 MOTION for Relief from Stay, #5 MOTION to Appoint Counsel. (Sheets, Jamie) |
| Filing 5 LETTER MOTION to Appoint Counsel filed by CHARLES CURTIS ATKINSON. (Attachments: #1 Envelope - Front and Back) (Sheets, Jamie) |
| Filing 4 MOTION for Relief from Stay filed by CHARLES CURTIS ATKINSON. (Attachments: #1 Envelope - Front and Back) (Sheets, Jamie) |
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Filing 3
ORDER signed by MAG/JUDGE L. PATRICK AULD on 09/20/2018, that Plaintiff in the above-named action be, and is hereby, permitted to file and prosecute said action in this Court without prepayment of fees or giving security therefor, subject to the conditions set forth below. FURTHER that, as a condition of Plaintiff' proceeding in forma pauperis, Plaintiff shall, within sixty (60) days after the date of this Order, submit to the Clerk an initial payment of $4.97 (which represents 20% of the greater of the average monthly deposits into or the balance in Plaintiff's account for the 6-month period immediately preceding filing of this complaint). A copy of this Order shall be sent to Plaintiff's current custodian. FURTHER that this action be filed, but that further proceedings and service of summons be stayed until Plaintiff has either (1) submitted to the Court the initial payment noted above, or (2) in the alternative has submitted a motion for relief from the stay, and a statement made under penalty of perjury that he has not had access to any funds for the initial payment noted above for the 60-day period. (Taylor, Abby)
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| Filing 2 COMPLAINT against All Defendants, filed by CHARLES CURTIS ATKINSON. (Attachments: #1 Envelope - Front and Back) (Garland, Leah) |
| Filing 1 APPLICATION to Proceed IFP by CHARLES CURTIS ATKINSON. (Garland, Leah) |
| CASE REFERRED for Screening. (Garland, Leah) |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Garland, Leah) |
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