Dismuke v. Martin
| DeAndre M Dismuke |
| Leroy Martin, Gean Sieger and Jerry Maness |
| 1:2023cv01067 |
| June 27, 2023 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
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Filing 16
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Leroy Martin, Gean Sieger and USM285 Forms delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #8 Amended Complaint, #5 Magistrate Notice/Consent Form, #15 Order Directing Service.(mll)
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Filing 15
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Leroy Martin, Gean Sieger and granting 21 days to answer. Signed by Honorable Barry A Bryant on August 16, 2023. (cc: U.S. Marshals Service)(mll)
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Filing 14
REPORT AND RECOMMENDATIONS re #8 Amended Complaint filed by DeAndre M Dismuke. Objections to R&R due by 9/5/2023. Signed by Honorable Barry A Bryant on August 16, 2023.(mll)
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Filing 13
CLERK'S ORDER re PLRA Initial Fee directing Columbia County Detention Center to collect from petitioner's prison account an initial partial filing fee of $20.00; 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. (cc: Sheriff, Columbia County)(mll)
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Filing 12
TEXT ONLY ORDER granting #9 Motion for Leave to Proceed in forma pauperis (42:1983). Having received Plaintiff's Certificate of Inmate Account and Assets, (ECF No. 11), Plaintiff's IFP application is now complete. Upon review of that application, Plaintiff's Motion to Proceed in forma pauperis is GRANTED. 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 Signed by Honorable Barry A Bryant on August 2, 2023.(ksb)
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Filing 11
SUPPLEMENT by Plaintiff DeAndre M Dismuke to #9 MOTION for Leave to Proceed in forma pauperis (42:1983).(mll)
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Filing 10
ORDER DIRECTING Columbia County Sheriff Leroy Martin or some other authorized official assist Plaintiff in completing the certificate of inmate account and assets. The completed IFP, including the signed certificate, to be returned to the Court by no later than August 8, 2023. Signed by Honorable Barry A Bryant on July 19, 2023.(mll)
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CERTIFIED MAIL, WITH RETURN RECEIPT ATTACHED, DELIVERED TO U.S. POSTAL SERVICE, for service of #10 Order Directing Pleading to be Filed as to Sheriff, Columbia County using Certified Mail Article number 7020 1290 0000 3493 9896.(mll)
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Filing 9
MOTION for Leave to Proceed in forma pauperis (42:1983) by DeAndre M Dismuke. Motions referred to Barry A Bryant.(mll)
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Filing 8
AMENDED COMPLAINT against Gean Sieger, Jerry Maness, Leroy Martin filed by DeAndre M Dismuke. Related document: #1 Complaint.(mll)
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Filing 7
TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff failed to submit an in forma pauperis (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 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 7/27/2023. Signed by Honorable Barry A Bryant on July 6, 2023. (awl)
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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 7/27/2023. Signed by Honorable Barry A Bryant on July 6, 2023. (awl)
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Filing 5
Magistrate Notice/Consent Form.(mll)
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Filing 4
Case transferred in from District of Arkansas Eastern; Case Number 4:23-cv-00590. Docket sheet received.
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TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas.(mll)
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Filing 3
ORDER directing the Clerk to immediately transfer this case to the United States District Court for the Western District of Arkansas. Signed by Magistrate Judge Joe J. Volpe on 6/26/2023. (jbh) [Transferred from ared on 6/27/2023.]
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Filing 2
NOTICE OF DOCKET CORRECTION re #1 Complaint. CORRECTION: The original document was attached in error due to a clerical mistake by the Clerk's office. The correct document was added to docket entry #1 . (Copy of correct document attached hereto for service/review by the parties.)(kdr) [Transferred from ared on 6/27/2023.]
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Filing 1
COMPLAINT against Leroy Martin, filed by Deandre M Dismuke.(kdr) (Additional attachment(s) added on 6/23/2023: #1 Main Document - Correct) (kdr). [Transferred from ared on 6/27/2023.]
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