Smith v. Melissa et al
| Cheyenne Nicole Smith and Tucker |
| Jailer Melissa, Jailer Austin Vaught, Sheriff Scott Sawyer, Jail Administrator Craig Moore, Polk County Detention Center and Jailer Melissa Gamble |
| 2:2023cv02111 |
| August 30, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Mark E Ford |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Melissa Gamble and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #4 Magistrate Notice/Consent Form, #10 Amended Complaint, and #21 Order Directing Service. (tmc) (Additional attachment(s) added on 10/24/2023: #1 Summons UNDER SEAL) (tmc). |
Filing 21
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Melissa Gamble and granting 21 days to answer. Signed by Honorable Mark E. Ford on October 24, 2023. (cc: U.S. Marshals Service-Certified).(tmc)
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| Filing 20 TEXT ONLY ORDER Directed to Plaintiff to Provide Information to Serve Defendant(s). It is the responsibility of the Plaintiff to provide the Court with an address for proper service on the Defendants. See Lee v. Armontrout, 991 F.2d 487, 489 (8th Cir. 1993). Summons to Defendant Austin Vaught has been returned unexecuted. Plaintiff is therefore ordered to provide the Court with an additional address or identifying information to use in serving Defendant Austin Vaught no later than 21 days from the entry of this order. If the Plaintiff fails to provide the additional information by the deadline, Defendant Austin Vaught will be dismissed as a party from this case. Information for Service due by 11/14/2023. Signed by Honorable Mark E. Ford on October 24, 2023. (klk) |
| Filing 19 TEXT ONLY ORDER directing the clerk to append the last name of Gamble for Defendant Jailer Melissa. Signed by Honorable Mark E. Ford on October 24, 2023. (klk) |
| Filing 18 TEXT ONLY ORDER granting #15 Motion to Set Aside #13 Summons Returned Executed, Service Upon Purported Defendants "Jailer Melissa" and Austin Vaught. Signed by Honorable Mark E. Ford on October 20, 2023. (klk) Modified to change docket text on 10/20/2023 (tmc). |
| Filing 17 THE DOCUMENT IS FILED UNDER SEAL WITH THE COURT.ADDRESS INFORMATION PROVIDED for Melissa Gamble. (Dugger, Melissa) |
| Filing 16 MEMORANDUM BRIEF in Support of #15 MOTION to Set Aside #13 Summons Returned Executed, Service Upon Purported Defendants "Jailer Melissa" and Austin Vaught by Melissa, Austin Vaught. (Dugger, Melissa) |
| Filing 15 MOTION to Set Aside #13 Summons Returned Executed, Service Upon Purported Defendants "Jailer Melissa" and Austin Vaught by Melissa, Austin Vaught. (Attachments: #1 Exhibit No. 1 - Mail Returned to Sender)Motions referred to Mark E. Ford.(Dugger, Melissa) |
| Filing 14 ANSWER to #10 Amended Complaint, with Jury Demand by Craig Moore, Scott Sawyer.(Dugger, Melissa) |
| Filing 13 SUMMONS Returned Executed by Cheyenne Nicole Smith. *** SET ASIDE PER ORDER 18 *** Melissa served on 10/2/2023, answer due 10/23/2023; Craig Moore served on 10/2/2023, answer due 10/23/2023; Scott Sawyer served on 10/2/2023, answer due 10/23/2023; *** SET ASIDE PER ORDER 18 ***Austin Vaught served on 10/2/2023, answer due 10/23/2023. (jlm) Modified docket text on 10/20/2023 (tmc). |
| Filing 12 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Melissa, Craig Moore, Scott Sawyer, and Austin Vaught and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #10 Amended Complaint, #4 Magistrate Notice/Consent Form, and #11 Order Directing Service. (tmc) |
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Filing 11
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Melissa, Craig Moore, Scott Sawyer, and Austin Vaught and granting 21 days to answer. Signed by Honorable Mark E. Ford on September 22, 2023. (cc: U.S. Marshals Service-Certified).(tmc)
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| Filing 10 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Craig Moore, Austin Vaught, Melissa, Polk County Detention Center, Scott Sawyer, filed by Cheyenne Nicole Smith. Related document: #1 Complaint Referred (42:1983) filed by Cheyenne Nicole Smith.(jlm) |
| Filing 9 TEXT ONLY ORDER granting #6 Motion to Amend/Correct. The Clerk is DIRECTED to file the attached Proposed Amended Complaint as Plaintiff's First Amended Complaint. Signed by Honorable Mark E. Ford on September 21, 2023. (klk) |
| Filing 8 CLERK'S ORDER re PLRA Fee directing MILLER COUNTY DETENTION CENTER 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: MILLER COUNTY DETENTION CENTER). (jlm) |
| Filing 7 TEXT ONLY ORDER granting #5 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 September 21, 2023. (klk) |
| Filing 6 MOTION to Amend/Correct #1 Complaint Referred (42:1983) by Cheyenne Nicole Smith. (Attachments: #1 Proposed Amended Complaint)Motions referred to Mark E. Ford.(tmc) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Cheyenne Nicole Smith. Motions referred to Mark E. Ford.(tmc) |
| Filing 4 Magistrate Notice/Consent Form (tmc) |
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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: Completed IFP Application. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 9/20/2023. Signed by Honorable Mark E. Ford on August 30, 2023. (tmc)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Cheyenne Nicole Smith. Motions referred to Mark E. Ford.(tmc) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Melissa, Craig Moore, Polk County Detention Center, Scott Sawyer, and Austin Vaught, filed by Cheyenne Nicole Smith.(tmc) |
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