Onstad v. Wilkinson et al

Filing 11

ORDER granting in part and denying in part 10 Motion for Reconsideration re 8 Order and 9 Judgment. The Court vacates its 2/7/13 Judgment and vacates part of its Order, asssessing a strike and dismissing with prejudice. The rest of the Order stands. The Court grants Onstad until 4/10/13 to file an amended complaint. His request for court-appointed counsel is denied. Signed by Judge D. P. Marshall Jr. on 3/13/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
ALAN COLE ONSTAD
ADC #128493

v.

PLAINTIFF
No. 2:13-cv-4-DPM

MARY ANN WILKINSON and
RICHARD L. PROCTOR

DEFENDANTS

ORDER
Onstad has moved the Court to reconsider its Order and Judgment
dismissing this case with prejudice. Document No. 10. The motion is granted
in part and denied in part. The Court vacates its 7 February 2013 Judgment.
The Court vacates the parts of its Order, Document No. 8, assessing a strike
and dismissing with prejudice. The rest of the Order stands.
The Court grants Onstad until 10 April 2013 to file an amended
complaint. He must explain his constitutional claims with specificity. He
must name defendants with specificity. Onstad must state what relief he
seeks against each defendant. The Court will screen the amended complaint.
28 U.S.C. § 1915A.

The Court denies without prejudice Onstad's request for courtappointed counsel. There is no constitutional or statutory right to appointed

counsel in civil cases; and the claims appear to be straightforward enough for
Onstad to handle without a lawyer's help. Phillips v. Jasper County Jail, 437
F.3d 791, 794 (8th Cir. 2006).
If Onstad fails to file a amended complaint by April lOth, the Court will

reinstate the dismissal.
So Ordered.

D.P. Marshall Jr. 1/
United States District Judge

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