Hice v. Crawford County Sheriff's Department
| Kenneth D. Hice |
| Crawford County Sheriff's Department and Veterans Administration |
| 2:2021cv02147 |
| September 15, 2021 |
| US District Court for the Western District of Arkansas |
| Mark E Ford |
| P K Holmes |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 13 MOTION to Appoint Counsel by Kenneth D. Hice. Motions referred to Mark E. Ford.(lgd) |
| Filing 12 NOTICE of Change of Address for Kenneth D. Hice. Documents that have previously been returned are being resent including 8 Order Regarding Complaint Deficiency - TEXT ONLY and #10 Notice of Change of Address and blank complaint form. (lw) Modified on 11/10/2021 to add text (lw). |
| Filing 11 Mail Returned as Undeliverable marked No longer at Facility. Mail originally sent to Kenneth Hice at Logan County Jail 201 S. Lowder St Paris, AR. 72855 including 8 Order Regarding Complaint Deficiency - TEXT ONLY #10 Notice of Change of Address. Resent to ADC - OUACHITA RIVER UNIT P. O. Box 1630Malvern, AR 72104. (jlm) |
| Filing 10 NOTICE of Change of Address for Kenneth D. Hice. There are no documents to resend. (lw) |
| Filing 9 CLERK'S ORDER re PLRA Fee directing LOGAN COUNTY JAIL 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: Logan County Jail). (lw) |
| Filing 8 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. In Response to the Court's prior order to file an Amended Complaint, Plaintiff sent in a signature page from the Complaint form. No Amended Complaint was filed. 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 10/28/2021. Signed by Honorable Mark E. Ford on October 7, 2021. (klk) |
| Filing 7 TEXT ONLY ORDER granting #2 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 Mark E. Ford on October 7, 2021. (klk) |
| Filing 6 RESPONSE by Kenneth D. Hice re #3 Order Provisionally Filing Complaint, Order Directing Pleading to be Filed. (mjm) |
| Filing 5 SUPPLEMENT to #2 MOTION for Leave to Proceed in forma pauperis (42:1983); Certificate of inmate account by Plaintiff Kenneth D. Hice . (jlm) |
| Filing 4 Magistrate Notice/Consent Form. (mjm) |
Filing 3
ORDER that the matter has been provisionally filed as the undersigned finds that additional information is needed to rule on Plaintiff's IFP application. Specifically the Court requires the following information: certificate of account. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Further, DIRECTING that an Amended Complaint be filed. (Amended Complaint due by 10/6/2021; Completed IFP due by 10/6/2021). The Clerk is directed to sever from this lawsuit Plaintiff's claims against the Veterans Administration. The newly severed action should be immediately transferred to the Eastern District of Oklahoma. Signed by Honorable Mark E. Ford on September 15, 2021. (mjm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Kenneth D. Hice. Motions referred to Mark E. Ford.(mjm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Crawford County Sheriff's Department, Veterans Administration, filed by Kenneth D. Hice.(mjm) |
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