Davis v. Whitcomb et al
| Joshua Davis |
| Christopher Whitcomb, Jennifer Clarke, Christopher Cornell and Particia Coyne-Fague |
| 1:2020cv00464 |
| October 28, 2020 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 21 MOTION to Amend/Correct #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM WITH SUPPORTING MEMORANDUM filed by Jennifer Clarke. Responses due by 1/4/2021. (Attachments: #1 Exhibit A)(Latham, Jeffrey) |
| Filing 20 Letter from Joshua Davis (Attachments: #1 Envelope) (Saucier, Martha) |
TEXT ORDER re #12 MOTION to Appoint Counsel filed by Joshua Davis, #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM WITH SUPPORTING MEMORANDUM filed by Jennifer Clarke. Further regarding motion (ECF 2) to appoint counsel, to allow time for the previously scheduled conference to be held on January 4, 2021, prior to the due date for any opposition to the just filed motion to dismiss (ECF 19), Plaintiff's time to respond to the motion to dismiss is hereby extended to January 15, 2021.. So Ordered by Magistrate Judge Patricia A. Sullivan on 12/15/2020. Saucier, Martha)
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| Set/Reset Deadlines as to #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM WITH SUPPORTING MEMORANDUM. Responses due by 1/15/2021. (Saucier, Martha) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM WITH SUPPORTING MEMORANDUM filed by Jennifer Clarke. Responses due by 12/28/2020. (Latham, Jeffrey) |
| NOTICE of Hearing: Video Status Conference set for 1/6/2021 at 10:00 AM in Remote Hearing before Magistrate Judge Patricia A. Sullivan. Status hearing on the Plaintiff's granted motion for counsel to respond to Plaintiff's letter. Invitation and instructions for video hearing emailed to counsel of record. (Saucier, Martha) |
| Filing 18 NOTICE of Appearance by Shannon L. Haibon on behalf of Christopher Cornell, Particia Coyne-Fague, Christopher Whitcomb (Haibon, Shannon) |
| Filing 17 Notice of Acceptance of Service filed by Christopher Cornell, Particia Coyne-Fague, Christopher Whitcomb, Jennifer Clarke. Christopher Cornell served on 12/4/2020, answer due 2/2/2021; Particia Coyne-Fague served on 12/4/2020, answer due 2/2/2021; Christopher Whitcomb served on 12/4/2020, answer due 2/2/2021; Jennifer Clarke served on 12/4/2020, answer due 2/2/2021. (Field, Michael) |
| Filing 16 Notice of Declination of Service filed by Joshua Davis. (Fitzpatrick, David) |
| Filing 15 NOTICE by Joshua Davis Declination of Appointment as Counsel for Joshua Davis (Daly, Michael) |
| Filing 14 Letter from Joshua Davis (Attachments: #1 Envelope) (Hicks, Alyson) |
| MOTIONS REFERRED: #12 MOTION to Appoint Counsel referred for determination to Magistrate Judge Patricia A. Sullivan. (Jackson, Ryan) |
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TEXT ORDER denying as moot #12 Motion to Appoint Counsel because Court has already provisionally granted Plaintiffs first motion for counsel. So Ordered by Magistrate Judge Patricia A. Sullivan on 11/19/2020. (Saucier, Martha)
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| Filing 13 EXHIBIT IN SUPPORT by Joshua Davis in support of #1 Complaint,. (Potter, Carrie) |
| Filing 12 MOTION to Appoint Counsel filed by Joshua Davis. Responses due by 12/2/2020. (Potter, Carrie) |
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Filing 11
CONDITIONAL ORDER APPOINTING PRO BONO COUNSEL: David R. Fitzpatrick conditionally appointed as pro bono counsel on behalf of Joshua Davis. Declination of Pro Bono Appointment due 12/3/2020. So Ordered by Magistrate Judge Patricia A. Sullivan on 11/12/2020. (Saucier, Martha)
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Filing 10
CONDITIONAL ORDER APPOINTING PRO BONO COUNSEL: Michael J. Daly conditionally appointed as pro bono counsel on behalf of Joshua Davis. Declination of Pro Bono Appointment due 12/3/2020. So Ordered by Magistrate Judge Patricia A. Sullivan on 11/12/2020. (Saucier, Martha)
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| Filing 9 NOTICE of Appearance by Jeffrey G. Latham on behalf of Jennifer Clarke (Latham, Jeffrey) |
| Filing 8 NOTICE of Appearance by Christine A. Stowell on behalf of Jennifer Clarke (Stowell, Christine) |
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TEXT ORDER granting #2 Motion to Appoint Counsel. Upon consideration of Plaintiff's complaint, including the attachments thereto, as well as Plaintiff's motion to appoint counsel, the Court finds that this case has sufficient merit and complexity and Plaintiff lacks the ability to represent himself particularly in light of the medical issues presented, so that the total situation presents exceptional circumstances that justify the appointment of counsel pursuant to DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991). Accordingly, the Court grants the motion to appoint counsel subject to the willingness of an attorney to accept a pro bono appointment. So Ordered by Magistrate Judge Patricia A. Sullivan on 11/10/2020. (Saucier, Martha)
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| Filing 7 NOTICE OF SERVICE: The Court has granted IFP status and ordered the complaint to be served. Pursuant to the Agreement on Service between the U.S. District Court for the District of Rhode Island and the Rhode Island Attorney General, this Notice constitutes service as directed by the Court. Within 30 days, the RI Attorney General shall file a Notice of Acceptance of Service or a Notice of Declination of Service or both if necessary on behalf of the defendant(s) named in the complaint. # Please click here to access the Acceptance of Service form or # Please click here to access the Declination of Service form .Notice of Acceptance or Declination of Service due by 12/7/2020. (Potter, Carrie) |
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Filing 6
ORDER granting #4 Motion for Leave to Proceed in forma pauperis.. So Ordered by Magistrate Judge Patricia A. Sullivan on 11/5/2020. (Saucier, Martha)
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| MOTIONS REFERRED: #2 MOTION to Appoint Counsel , #4 MOTION for Leave to Proceed in forma pauperis referred for determination to Magistrate Judge Patricia A. Sullivan. (Jackson, Ryan) |
| Filing 5 Letter from Joshua Davis. Materials requested sent to Mr. Davis. (Attachments: #1 Envelope) (Simoncelli, Michael) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis filed by Joshua Davis. (Attachments: #1 Cover Letter, #2 Envelope)(Simoncelli, Michael) |
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Filing 3
ORDER entered directing the plaintiff to pay the civil case filing fee in the amount of $400.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 11/18/2020. So Ordered by District Judge William E. Smith on 10/28/2020. (Potter, Carrie)
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Filing 3
ORDER entered directing the plaintiff to pay the civil case filing fee in the amount of $400.00 or to file a motion to Proceed in Forma Pauperis Filing Fee or Motion to Proceed In Forma Pauperis due on or before 11/18/2020. So Ordered by District Judge William E. Smith on 10/28/2020. (Potter, Carrie)
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| Filing 2 MOTION to Appoint Counsel filed by Christopher Whitcomb. Responses due by 11/12/2020. (Potter, Carrie) |
| Filing 2 MOTION to Appoint Counsel filed by Christopher Whitcomb. Responses due by 11/12/2020. (Potter, Carrie) |
| Filing 1 COMPLAINT filed by Joshua Davis. CLERKS NOTE: ECF 1-1 has had remote electronic access restricted by the Clerks Office as it contains one or more personal identifiers. (Attachments: #1 Appendix/Exhibits, #2 Civil Cover Sheet, #3 Letter)(Potter, Carrie) |
| Filing 1 COMPLAINT filed by Joshua Davis. CLERKS NOTE: ECF 1-1 has had remote electronic access restricted by the Clerks Office as it contains one or more personal identifiers. (Attachments: #1 Appendix/Exhibits, #2 Civil Cover Sheet, #3 Letter)(Potter, Carrie) |
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