Englebert v. Rucker et al
| Richard Lamar Englebert, JR. |
| John and Jane Doe Medical Staff, Joshua LNU, Freddy Rucker, Ryan Goodwin, Joseph Wesley and Nurses at CCJC Medical Treatment Staff |
| 2:2023cv02010 |
| January 17, 2023 |
| 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 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 9 AMENDED COMPLAINT as to #7 Amended Complaint, against Joseph Wesley, Medical Treatment Staff, Ryan Goodwin, Freddy Rucker, filed by Richard Lamar Englebert, JR. Related document: #7 Amended Complaint, filed by Richard Lamar Englebert, JR.. (Attachments: #1 Letter)(tmc) |
| Set Deadlines: Amended Complaint due by 3/9/2023 (lgd) |
| Filing 8 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. The Court has identified potential legal and factual deficiences with the Amended Complaint, (ECF No. 7), that may result in its dismissal pursuant to 28 U.S.C. s. 1915A(a). For this reason, Plaintiff is directed to submit a Second 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 Second 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 each Defendant did or failed to do and when; 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. If Plaintiff does not know the full name of a defendant, Plaintiff is directed to provide as much identifying information as possible about that 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. The Second Amended Complaint may not refer back to any part of the original complaint. An amended complaint supersedes, or takes the place of, the original Complaint. After amendment, the Court will treat the original Complaint and the First Amended Complaint as nonexistent. Any cause of action that was raised in the original Complaint or First Amended Complaint is waived (or will not be considered) if it is not also raised in the Second Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Second Amended Complaint to the Court by the deadline. Second Amended Complaint due by 3/9/2023. CLERK TO FOLLOW UP Signed by Honorable Mark E. Ford on February 16, 2023. (ksb) |
| Filing 7 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Joshua LNU, Freddy LNU, Ryan LNU Terminating John and Jane Doe Medical Staff (Crawford County Justice Center), filed by Richard Lamar Englebert, JR. Related document: #1 Complaint Referred (42:1983) filed by Richard Lamar Englebert, JR..(jlm) |
| Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. The Federal Rules of Civil Procedure require pleadings to be signed and dated by a party or the attorney representing that party. Pursuant to Rule 11: [t]he court must strike an unsigned paper unless the omission is promptly corrected after being called to the attention of an attorney or party. Accordingly, the Clerk is DIRECTED to return a copy of the Complaint to the Plaintiff for his signature. Plaintiff is DIRECTED to sign and date the complaint and return it to the Court within 14 days from the entry of this order. The case shall be subject to dismissal if the Plaintiff fails to return the dated and signed complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 2/16/2023. Signed by Honorable Mark E. Ford on February 2, 2023. (klk) |
| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Crawford County Justice Center to collect from petitioner's prison account an initial partial filing fee of $39.00; 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: Crawford County Justice Center). (jlm) (Main Document 5 replaced on 1/20/2023) (jlm). |
| Filing 4 Magistrate Notice/Consent Form (jlm) |
Filing 3
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 January 17, 2023. (jlm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Richard Lamar Englebert, JR. Motions referred to Mark E. Ford.(jlm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against John and Jane Doe Medical Staff, filed by Richard Lamar Englebert, JR.(jlm) |
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