GUIRLANDO v. COHEN et al
| Marco Guirlando |
| Union County Jail, DERRICK DRISCOLL, Sherrie Rice, TIM GREER, Dr. Deanna Hopson, ADAM W. COHEN and Captain Richard Mitcham |
| 1:2021cv01019 |
| April 22, 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 |
| Defendant |
Docket Report
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Filing 11
ORDER granting #10 Motion to Withdraw Filing; motion is being treated as a notice of voluntary dismissal of claims against defendants pursuant to Rule 41(a)(1)(A)(i) of the FRCP; COMPLAINT DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on May 4, 2021. (cnn)
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| Filing 10 MOTION to Withdraw #1 Complaint by Marco Guirlando. Motions referred to Barry A. Bryant.(mll) |
| Filing 9 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the 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. In addition, Plaintiff's Complaint was originally filed in the District Court for the District of Columbia and was not submitted on the Court's approved form for this District. For these reasons, Plaintiff is directed to submit an 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 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 First Amended Complaint. The First 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 First Amended Complaint supersedes, or takes the place of, the original Complaint. After amendment, the Court will treat the original Complaint as nonexistent. Any cause of action that was raised in the original Complaint is waived if it is not raised in the First Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the deadline. Amended Complaint due by 5/17/2021. Signed by Honorable Barry A. Bryant on April 26, 2021. (mlf) |
| Filing 8 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. (ECF No. 2). However, he failed to have the certification regarding inmate funds held in his name completed for the IFP application. For this reason, the Clerk is directed to send Plaintiff a blank Prisoner IFP Application. Plaintiff is given 21 days from the date of this Order to either have the certificate portion of the IFP application completed by the appropriate detention center official and return the application to the Court for review and filing or pay the 350.00 dollar filing fee and 52.00 dollar administrative fee, a total of 402.00 dollars. This case shall be subject to dismissal for failure to obey an order of the Court if Plaintiff fails to return the completed IFP application or pay the 402.00 dollar filing fee by the deadline. Completed IFP due by 5/17/2021. Signed by Honorable Barry A. Bryant on April 26, 2021. (mlf) |
| Filing 7 Magistrate Notice/Consent Form. (mll) |
| Filing 6 Case transferred in from District of District of Columbia; Case Number 1:20-cv-03490. Docket sheet received. |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from District of Columbia. (mll) |
| Filing 5 Case transferred to the USDC for the Western District of Arkansas, pursuant to the Court Order entered 12/04/2020. Sent to Court via electronically. (zsb) [Transferred from dcd on 4/22/2021.] |
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Filing 4
ORDER TRANSFERRING PRO SE CASE to the USDC for the Western District of Arkansas. Pro Se party has been notified by first class mail. Transfer due by 12/24/2020. Signed by Judge Christopher R. Cooper on 12/4/2020. (adh, ) [Transferred from dcd on 4/22/2021.]
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| Filing 3 SUPPLEMENT to #2 Motion for Leave to Proceed in forma pauperis by MARCO GUIRLANDO. (zmd) [Transferred from dcd on 4/22/2021.] Modified document title on 4/22/2021. (mll) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by MARCO GUIRLANDO. (zmd) [Transferred from dcd on 4/22/2021.] |
| Filing 1 COMPLAINT against ADAM W. COHEN, DERRICK DRISCOLL, TIM GREER, DEANNA HOPSON, RICHARD MITCHAM, SHERRIE RICE, UNION COUNTY JAIL with Jury Demand filed by MARCO GUIRLANDO. (zmd) [Transferred from dcd on 4/22/2021.] |
| Initiating Pleading & IFP Application Received on 11/24/2020. A copy of the docket sheet has been mailed to the address of record for the pro se party. (zmd) [Transferred from dcd on 4/22/2021.] |
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