Onstad v. Payne
Onstad v. Payne
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION A. COLE ONSTAD PLAINTIFF ADC #128493
v. CASE NO. 4:21-CV-01202-BSM DEXTER PAYNE, et al. DEFENDANTS ORDER Having carefully reviewed the record, Magistrate Judge Joe J. Volpe’s partial recommended disposition [Doc. No. 60] is adopted and defendants’ motion for summary judgment [Doc. No. 50] is granted in part and denied in part. A. Cole Onstad’s free speech claim regarding the rejection of White Voice is dismissed with prejudice. Accordingly, defendants Dale Reed, Christopher Johnson, James Shipman, Laura McEwen, Douglas Boultinghouse, McKinzy Dunn, Christopher Fifer, Michael Richardson, Wendy Kelley, and Brandon Carroll are dismissed with prejudice. Onstad may proceed on his free speech claim against Dexter Payne, James Gibson, Scott Taylor, and Keith Waddle regarding his disciplinary conviction. Onstad’s motion to appoint counsel [Doc. No. 64] is denied because
pro se litigants do not have a constitutional or statutory right to appointment of counsel in civil cases and the facts alleged are not beyond what a pro se litigant can handle. See Patterson v. Kelley,
902 F.3d 845, 850(8th Cir. 2018). IT IS SO ORDERED this 6th day of April, 2023.
(Barer UNITED STATES DISTRICT JUDGE
Reference
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