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)

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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. ยง 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 /3 fVkd- J._O I 3 I -2-

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