Pilcher v. Does
| Phillip Pilcher |
| Nevada County, AR, Does and Ouachita County Detention Center |
| 1:2023cv01091 |
| September 22, 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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| Document Text |
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| TEXT ONLY ENTRY: #12 Report and Recommendations RESENT to Phillip Pilcher. Objections to R&R due by 11/27/2023 (src) |
| TEXT ONLY NOTICE of Change of Address for Phillip Pilcher to ORCU per address provided on doc #13 envelope. Documents that have previously been returned are being resent including #12 REPORT AND RECOMMENDATIONS. (src) |
| Filing 14 Mail Returned as Undeliverable marked No longer at this facility. Mail originally sent to Phillip Pilcher at Ouachita County Detention Center including #12 Report and Recommendations. No new address available. New Address due by 12/8/2023.(mll) |
| Filing 13 MOTION to Dismiss Case by Phillip Pilcher.(mll) |
| Filing 12 REPORT AND RECOMMENDATIONS re #8 Amended Complaint filed by Phillip Pilcher. Objections to R&R due by 11/13/2023. Signed by Honorable Barry A Bryant on October 26, 2023.(mll) |
| Filing 11 CLERK'S ORDER re PLRA Initial Fee directing Ouachita County Detention Center to collect from petitioner's prison account an initial partial filing fee of $240.00; 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, Ouachita County)(mll) (Main Document 11 replaced on 10/17/2023) (mll). |
| Filing 10 TEXT ONLY ORDER granting #9 Motion for Leave to Proceed in forma pauperis (42:1983). 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 October 13, 2023. (klk) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis (42:1983) by Phillip Pilcher. Motions referred to Barry A Bryant.(mll) |
| Filing 8 AMENDED COMPLAINT against Ouachita County Detention Center, Does filed by Phillip Pilcher. Related document: #1 Complaint filed by Phillip Pilcher.(mll) |
| 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 10/16/2023. Signed by Honorable Barry A Bryant on September 25, 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 10/16/2023. Signed by Honorable Barry A Bryant on September 25, 2023. (awl) |
| Filing 5 Magistrate Notice/Consent Form.(mll) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:23-cv-00866. Docket sheet received. |
Filing 3
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 9/22/2023. (kdr) [Transferred from ared on 9/22/2023.]
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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 9/22/2023.]
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| Filing 1 COMPLAINT against Does, filed by Phillip Pilcher.(kdr) [Transferred from ared on 9/22/2023.] |
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