Stanley v. Roberts et al
| Calvin Dwayne Stanley |
| Charlie Phillips, Nurse Rice, Sergeant Tubbs, Officer Caldwell, Ricky Roberts and Sheriff Ricky Roberts |
| 1:2021cv01011 |
| February 26, 2021 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Filing 9 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Amended Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. For this reason, Plaintiff is directed to submit a Second Amended Complaint within 21 days of the date of this Order. The Clerk is directed to mail the Plaintiff a court-approved 1983 form.In the Second Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. See Rizzo v. Goode, 423 U.S. 362,371-72,377 (1976);Fed.R.Civ.P.8. Plaintiff must repeat this process for each person he has named as a Defendant. Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered. If he fails to do so, the allegations against that Defendant will be dismissed for failure to state a claim.Plaintiff must clearly designate on the face of the document that it is a Second Amended Complaint. The Second Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. You may not refer back to any part of the original complaint. A Second Amended Complaint supersedes, or takes the place of, the Amended Complaint. After amendment, the Court will treat the Amended Complaint as nonexistent. Any cause of action that was raised in the Amended Complaint is waived if it is not raised in the Second Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Second Amended Complaint to the Court by the deadline. Second Amended Complaint due by 4/28/2021. Signed by Honorable Barry A. Bryant on April 7, 2021. (mlf) |
| Filing 8 Mail Returned as Undeliverable marked Insufficient Postage. Mail originally sent to Calvin Stanley at Union County Criminal Justice Facility including 7 Order Regarding Complaint Deficiency - TEXT ONLY. Resent to Union County Criminal Justice Facility (cnn) |
| Filing 7 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Amended Complaint (ECF No. 6), it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. For this reason, Plaintiff is directed to submit a Second Amended Complaint within 21 days of the date of this Order. The Clerk is directed to mail the Plaintiff a court-approved 1983 form.In the Second Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. See Rizzo v. Goode, 423 U.S. 362,371-72,377 (1976);Fed.R.Civ.P.8. Plaintiff must repeat this process for each person he has named as a Defendant. Plaintiff is CAUTIONED that he must affirmatively link the conduct of each named Defendant with the specific injury he suffered. If he fails to do so, the allegations against that Defendant will be dismissed for failure to state a claim.Plaintiff must clearly designate on the face of the document that it is a Second Amended Complaint. The Second Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. You may not refer back to any part of the original complaint. A Second Amended Complaint supersedes, or takes the place of, the First Amended Complaint. After amendment, the Court will treat the First Amended Complaint as nonexistent. Any cause of action that was raised in the First Amended Complaint is waived if it is not raised in the Second Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Second Amended Complaint to the Court by the deadline. Amended Complaint due by 4/12/2021. Signed by Honorable Barry A. Bryant on March 22, 2021. (mlf) |
| Filing 6 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Nurse Rice, Charlie Phillips, Ricky Roberts, Officer Caldwell and Sergeant Tubbs, filed by Calvin Dwayne Stanley. Related document: #1 Complaint Referred (42:1983) filed by Calvin Dwayne Stanley.(cnn) |
| Filing 5 Magistrate Notice/Consent Form (cnn) |
| Filing 4 CLERK'S ORDER re PLRA Initial Fee directing Union County Criminal Justice Facility to collect from petitioner's prison account an initial partial filing fee of $92.85; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $ 350.00 filing fee is paid in full. (cnn) |
Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis (42:1983). Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the filing fee from the Plaintiff.Plaintiff is advised that he is required to immediately inform the Court of any change of address. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of the new address. Plaintiff shall submit a change of address on a separate piece of paper entitled Notice to the Court of Change of Address and not include any motions or otherwise request relief in this document. The notice shall contain only information pertaining to the address change. The case will be subject to dismissal if Plaintiff fails to inform the Court of an address change. The Clerk is directed to collect the filing fee in the amount of $ 350.00; ORDER DIRECTING that a/an Amended Complaint be filed.( Amended Complaint due by 3/17/2021). Signed by Honorable Barry A. Bryant on February 26, 2021. (cnn)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Calvin Dwayne Stanley. Motions referred to Barry A. Bryant.(cnn) |
| Filing 1 COMPLAINT REFERRED (42:1983) with Jury Demand against Officer Caldwell, Charlie Phillips, Nurse Rice, Ricky Roberts, Sergeant Tubbs, filed by Calvin Dwayne Stanley.(cnn) |
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