Clardy v. Cox et al
| Bobby Lee Clardy, Jr. |
| Police Officer Cox and Police Officer Huey |
| 2:2022cv02148 |
| September 14, 2022 |
| US District Court for the Western District of Arkansas |
| P K Holmes |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 10 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. Plaintiff is ADVISED that he must provide details as to the date and location of any incidents, as well as who did what. 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.The Court is aware that the form indicates it is for prisoners, and Plaintiff is not incarcerated. This form is used for all Plaintiffs not represented by an attorney because it provides guidance for stating a Complaint. 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 Second Amended Complaint. The Second Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. You may not refer back to any part of any prior complaint. A Second Amended Complaint supersedes, or takes the place of, any prior Complaint. After amendment, the Court will treat all prior Complaints as nonexistent. Any cause of action that was raised in any prior Complaint is waived if it is not raised in the Second 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 11/4/2022. Signed by Honorable Mark E. Ford on October 14, 2022. (klk) |
| Filing 9 TEXT ONLY ORDER granting #8 Motion for Leave to Proceed in forma pauperis as after review it is found that Plaintiff is unable to pay for the costs of commencement of this suit. Signed by Honorable Mark E. Ford on October 14, 2022. (klk) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis, Motion for Service by Bobby Lee Clardy, Jr. (jlm). Added MOTION for Service on 10/13/2022 (mjm). |
| Filing 7 AMENDED COMPLAINT with Jury Demand as to #2 Complaint against Huey, Cox, filed by Bobby Lee Clardy, Jr. Related document: #2 Complaint filed by Bobby Lee Clardy, Jr..(jlm) |
| MOTIONS REFERRED to Honorable Mark E. Ford: #8 MOTION for Leave to Proceed in forma pauperis filed by Bobby Lee Clardy, Jr.. Motions referred to Honorable Mark E. Ford.(jlm) |
| Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. 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. The Court is aware that the form indicates it is for prisoners, and Plaintiff is not incarcerated. This form is used for all Plaintiffs not represented by an attorney because it provides guidance for stating a Complaint. 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 10/24/2022. Signed by Honorable Mark E. Ford on October 3, 2022. (klk) |
| Filing 5 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, the application is incomplete because Plaintiff indicated that he receives a gift or inheritance, but did not describe that gift or inheritance as required. Plaintiff also left several other sections of the form blank. 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 10/24/2022. Signed by Honorable Mark E. Ford on October 3, 2022. (klk) |
| Filing 4 Magistrate Notice/Consent Form (jlm) (Main Document 4 replaced on 9/15/2022) (mjm). |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, Motion for Service by Bobby Lee Clardy, Jr. (jlm). Added MOTION for Service on 9/15/2022 (mjm). |
| Filing 2 COMPLAINT against Cox, Huey, filed by Bobby Lee Clardy, Jr.(jlm) (Main Document 2 replaced on 9/15/2022) (jlm). |
| Filing 1 CIVIL COVER SHEET by Bobby Lee Clardy, Jr. (jlm) |
| MOTIONS REFERRED to Honorable Mark E. Ford: #3 MOTION for Leave to Proceed in forma pauperis filed by Bobby Lee Clardy, Jr.. Motions referred to Honorable Mark E. Ford.(jlm) |
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