Phillips v. Hymes et al

Case Number: 2:2019cv02101
Filed: August 6, 2019
Court: US District Court for the Western District of Arkansas
Office: Fort Smith Office
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42:1983 Prisoner Civil Rights

Docket Report

This docket was last retrieved on August 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 6, 2019 Filing 8 CLERK'S ORDER re PLRA Fee directing ADC-Barbara Ester Unit to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $ 350.00 filing fee is paid in full (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (mjm)
August 6, 2019 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. 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 8/27/2019. Signed by Honorable Mark E. Ford on August 6, 2019. (klk)
August 6, 2019 Filing 6 TEXT ONLY ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Pursuant to the provisions of the Prison Litigation Reform Act, the clerk is directed to collect the $350.00 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, he shall have 30 days from the date of transfer in which to notify the Court of his 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. Plaintiffs case shall be subject to dismissal if he fails to inform the Court of an address change.Signed by Honorable Mark E. Ford on August 6, 2019. (klk)
August 6, 2019 Filing 5 Magistrate Notice/Consent Form. (lw)
August 6, 2019 MOTIONS REFERRED to Honorable Mark E. Ford: #1 MOTION for Leave to Proceed in forma pauperis filed by Evan Phillips. (lw)
August 6, 2019 TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (lw)
August 6, 2019 Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:19-cv-00543. Docket sheet received.
August 6, 2019 Opinion or Order Filing 3 ORDER directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the United States District Court for the Western District of Arkansas. Signed by Judge Billy Roy Wilson on 8/6/2019. (ljb) [Transferred from ared on 8/6/2019.]
August 5, 2019 Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Evan Phillips. (ljb) [Transferred from ared on 8/6/2019.]
August 5, 2019 Filing 1 MOTION for Leave to Proceed in forma pauperis by Evan Phillips. (ljb) [Transferred from ared on 8/6/2019.]

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