Bankston v. Ashley County Detention Center
Plaintiff: Demetris Bankston
Defendant: Ashley County Detention Center
Case Number: 1:2022cv01033
Filed: June 9, 2022
Court: US District Court for the Western District of Arkansas
Presiding Judge: Barry A Bryant
Referring Judge: Susan O Hickey
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 19, 2022 Filing 11 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. On June 10, 2022, the Court entered an Order directing Plaintiff to file an Amended Complaint by July 1, 2022. (ECF No. 7). This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 8/9/2022. Signed by Honorable Barry A Bryant on July 19, 2022. (mlf)
June 28, 2022 Filing 10 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, and in response to this Court's order Plaintiff submitted an in forma pauperis (IFP) application. (ECF No. 9). However, he failed to have the certification regarding inmate funds held in his name completed for the IFP application. THE CERTIFICATION DOES NOT NEED TO BE NOTARIZED. IT NEEDS TO BE SIGNED BY AN PRISON OFFICIAL. 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 7/19/2022. Signed by Honorable Barry A Bryant on June 28, 2022. (mlf)
June 27, 2022 Filing 9 MOTION for Leave to Proceed in forma pauperis (42:1983) by Demetris Bankston. Motions referred to Barry A Bryant.(cnn)
June 10, 2022 Filing 8 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, he failed to have the certification regarding inmate funds held in his name completed for the IFP application and the application was not on a form approved for this District. 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. CLERK TO FOLLOW UP Completed IFP due by 7/1/2022. Signed by Honorable Barry A Bryant on June 10, 2022. (mlf)
June 10, 2022 Filing 7 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District, he did not sign the Complaint, and the only Defendant he named was the Ashley County Detention Center Medical. The Detention Center is a building which is not person subject to being sued. Plaintiff must name individuals as Defendants. 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. CLERK TO FOLLOW UP Amended Complaint due by 7/1/2022. Signed by Honorable Barry A Bryant on June 10, 2022. (mlf)
June 9, 2022 Filing 6 Magistrate Notice/Consent Form (cnn)
June 9, 2022 Filing 5 Case transferred in from District of Arkansas Eastern; Case Number 4:22-cv-00538. Docket sheet received.
June 9, 2022 Opinion or Order Filing 4 TRANSFER ORDER immediately transferring this case to the United States District Court for the Western District of Arkansas. Signed by Magistrate Judge J. Thomas Ray on 6/9/2022. (kdr) [Transferred from ared on 6/9/2022.]
June 9, 2022 TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Arkansas Eastern. (cnn)
June 7, 2022 Filing 3 NOTICE by Demetris Bankston. (llg) [Transferred from ared on 6/9/2022.]
June 7, 2022 Filing 2 COMPLAINT against Ashley County Detention Center filed by Demetris Bankston. (llg) [Transferred from ared on 6/9/2022.]
June 7, 2022 Filing 1 MOTION for Leave to Proceed in forma pauperis by Demetris Bankston. (llg) [Transferred from ared on 6/9/2022.]

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Plaintiff: Demetris Bankston
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Defendant: Ashley County Detention Center
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