Monk v. Columbia County Detention Facility et al
| Everick L. Monk |
| Columbia County Detention Facility, FNU Lowe, Sgt. Sonya Collier, FNU Woods, FNU Young, Fnu Alexander and Will James |
| 1:2023cv01032 |
| April 26, 2023 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 15
ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on June 21, 2023.(mll)
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| Filing 14 Mail Returned as Undeliverable marked RTS - Paroled. Mail originally sent to Everick Monk at EARU including 13 Order to Show Cause - Failure to Obey Order-TEXT ONLY. No new address available. (bjb) |
| Filing 13 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to file an amended complaint on this District's court-approved 1983 form by May 18, 2023. (ECF No. 10). The Court also directed Plaintiff to file an IFP application on this District's court-approved form or pay the full filing fee by 5/18/2023. (ECF No. 11). While these orders were not returned as undeliverable, other court correspondence to Plaintiff has been returned as undeliverable and marked "return to sender--Parole." (ECF No. 12). To date, Plaintiff has not provided any change of address information. Plaintiff is given 21 days to show cause why he failed to obey the Orders of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 6/9/2023. Signed by Honorable Barry A Bryant on May 19, 2023. (ksb) |
| Filing 12 Mail Returned as Undeliverable marked Returned to Sender. Parole. Mail originally sent to Everick L. Monk at ADC - EARU including #8 Case Transferred In, #9 Magistrate Notice/Consent Form. No new address available. New Address due by 6/12/2023.(mll) |
| Filing 11 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, the application is incomplete because it is not on the Court approved form with a certificate of funds. 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 return the completed application to this 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 5/18/2023. Signed by Honorable Barry A Bryant on April 27, 2023. (awl) |
| Filing 10 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. For this reason, 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 5/18/2023. Signed by Honorable Barry A Bryant on April 27, 2023. (awl) |
| Filing 9 Magistrate Notice/Consent Form.(mll) |
| Filing 8 Case transferred in from District of Texas Eastern; Case Number 5:22-cv-00002. Docket sheet received. |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Texas.(mll) |
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Filing 7
ORDER OF TRANSFER. It is ORDERED that the above-styled civil action is TRANSFERRED forthwith to the U.S. District Court for the Western District of Arkansas, El Dorado Division, for such other and further proceedings as may be appropriate. 28 U.S.C. 83(b)(2). Signed by Magistrate Judge James Boone Baxter on 4/25/2023. (slo, ) [Transferred from txed on 4/26/2023.]
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| Interdistrict transfer to the Western District of Arkansas (El Dorado Division). (slo) [Transferred from txed on 4/26/2023.] |
| Filing 6 MOTION to Court to Proceed with Case by Everick L. Monk. (Attachments: #1 Envelope(s))(slo, ) [Transferred from txed on 4/26/2023.] |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (with trust fund data sheet) by Everick L. Monk. (Attachments: #1 Envelope(s))(slo, ) [Transferred from txed on 4/26/2023.] |
| Filing 4 Request for Status/Docket Sheet. (Copy of docket sheet forwarded to Plaintiff) (Attachments: #1 Envelope(s)) (slo, ) [Transferred from txed on 4/26/2023.] |
| Case referred to Magistrate Judge Baxter; former magistrate judge retired. (lrl) [Transferred from txed on 4/26/2023.] |
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Filing 2
STANDING ORDER REFERRING PRISONER CIVIL RIGHTS CASES to Magistrate Judge Caroline Craven for all pretrial matters. Signed by District Judge Rodney Gilstrap on 1/6/2022. (slo, ) [Transferred from txed on 4/26/2023.]
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| Filing 1 COMPLAINT against FNU Alexander, Sonya Collier, Columbia County Detention Facility, Will James, FNU Lowe, FNU Woods, FNU Young filed by Everick L. Monk. (No filing fee or Motion for IFP received) (Attachments: #1 Cover Letter, #2 Envelope(s))(slo, ) [Transferred from txed on 4/26/2023.] |
| Sent Consent to Magistrate, Docket sheet and Prose guidelines, that include information regarding reporting change of address to court, to the Plaintiff per Magistrate Judge (slo, ) [Transferred from txed on 4/26/2023.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (slo, ) [Transferred from txed on 4/26/2023.] |
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