Broomfield v. Martin
| Franklin Broomfield |
| Leroy Martin and Sheriff Leroy Martin |
| 1:2023cv01052 |
| June 14, 2023 |
| US District Court for the Western District of Arkansas |
| El Dorado Office |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. Plaintiff's last filing had a return address indicating that he has now been released from custody. (ECF No. 10). When a Plaintiff is released from confinement, the policy of the Court is to require re-submission of affidavits to determine whether he should be required to pay all, or a portion of, the fees and costs of the lawsuit. If Plaintiff wishes to proceed with this lawsuit, he is directed to pay the balance of the 350.00 dollar filing fee, or to resubmit an IFP application which reflects his free-world financial status within 21 days of the date of this Order. IT IS THEREFORE ORDERED THAT: the Clerk is directed to send a blank IFP Application to the Plaintiff. Plaintiff is directed to submit the balance of the 350.00 dollar filing fee or complete and sign the IFP Application within 21 days. This case shall be subject to dismissal if Plaintiff fails to pay the 350.00 dollar filing fee or resubmit an IFP application by the deadline. CLERK TO FOLLOW UP Completed IFP due by 8/25/2023. Signed by Honorable Barry A Bryant on August 4, 2023. (awl) |
| Filing 12 Mail Returned as Undeliverable marked Return to sender. Attempted - Not Known Unable to Forward. Mail originally sent to Franklin Broomfield at Columbia County Jail including #10 Amended Complaint filed by Franklin Broomfield. Resent to 670 Col 55 South Waldo, AR 71770.(mll) |
| Filing 11 Mail Returned as Undeliverable marked Return to sender. Mail originally sent to Franklin Broomfield at Columbia County Jail 82 Columbia Road 300 Magnolia AR 71753 including 8 Order to Show Cause - Failure to Obey Order-TEXT ONLY. Resent to 670 Col 55 South Waldo, AR 71770. (jlm) |
| Filing 10 AMENDED COMPLAINT against Leroy Martin filed by Franklin Broomfield. Related document: #1 Complaint filed by Franklin Broomfield.(mll) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis (42:1983) by Franklin Broomfield. Motions referred to Barry A Bryant.(tmc) |
| Filing 8 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered two Orders directing Plaintiff to file amended complaint (ECF No. 6) and submit a new IFP Application (ECF No. 7) by July 7, 2023. These Orders were not returned as undeliverable. Plaintiff did not respond to either Order. 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 8/2/2023. Signed by Honorable Barry A Bryant on July 12, 2023. (awl) |
| Filing 7 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. Plaintiff failed to submit an in forma pauperis (IFP) application with his complaint. 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 7/7/2023. Signed by Honorable Barry A Bryant on June 16, 2023. (awl) |
| Filing 6 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 7/7/2023. Signed by Honorable Barry A Bryant on June 16, 2023. (awl) |
| Filing 5 Magistrate Notice/Consent Form.(mll) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:23-cv-00532. Docket sheet received. |
Filing 3
ORDER directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the Western District of Arkansas. Signed by Magistrate Judge Jerome T. Kearney on 6/14/2023. (ldb) [Transferred from ared on 6/14/2023.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas.(mll) |
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Filing 2
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (kdr) [Transferred from ared on 6/14/2023.]
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| Filing 1 COMPLAINT against Leroy Martin, filed by Franklin Broomfield.(kdr) [Transferred from ared on 6/14/2023.] |
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