Houston v. Gunner et al
| Judrika Houston |
| DeLay Gunner, Daniel Shone and Cindy Gilmer |
| 2:2023cv02132 |
| November 2, 2023 |
| US District Court for the Western District of Arkansas |
| Fort Smith Office |
| Mark E Ford |
| P K Holmes |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 14 OBJECTION to #13 Report and Recommendations by Judrika Houston. (Attachments: #1 Exhibit)(jlm) |
| Filing 13 REPORT AND RECOMMENDATIONS re #9 Amended Complaint filed by Judrika Houston. Objections to R&R due by 12/29/2023. Signed by Honorable Mark E. Ford on December 11, 2023. (jlm) |
| Filing 12 CLERK'S ORDER re PLRA Initial Fee directing BARBARA ESTER UNIT Arkansas Division of Correction to collect from petitioner's prison account an initial partial filing fee of $350.00; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $18.33 filing fee is paid in full (cc: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; AR Department of Community Correction). (jlm) |
| Filing 11 TEXT ONLY ORDER granting #10 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 November 28, 2023. (klk) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis (42:1983) by Judrika Houston. Motions referred to Mark E. Ford.(jlm) |
| Filing 9 AMENDED COMPLAINT with Jury Demand as to #2 Complaint against Cindy Gilmer, Daniel Shone, DeLay Gunner, filed by Judrika Houston. Related document: #2 Complaint filed by Judrika Houston.(jlm) |
| Filing 8 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With her complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, the application is incomplete because it is not signed and dated. 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 11/28/2023. Signed by Honorable Mark E. Ford on November 7, 2023. (klk) |
| 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 11/28/2023. Signed by Honorable Mark E. Ford on November 7, 2023. (klk) |
| Filing 6 Magistrate Notice/Consent Form (tmc) |
| Filing 5 Case transferred in from District of Arkansas Eastern; Case Number 4:23-cv-00892. Docket sheet received. |
Filing 4
ORDER directing the Clerk to immediately transfer the entire case file to the United States District Court for the Western District of Arkansas. Signed by Chief Judge D. P. Marshall Jr. on 11/2/2023. (ldb) [Transferred from ared on 11/2/2023.]
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| MOTIONS REFERRED to Honorable Mark E. Ford: #3 MOTION for Order filed by Judrika Houston, #1 MOTION for Leave to Proceed in forma pauperis filed by Judrika Houston. Motions referred to Honorable Mark E. Ford.(tmc) |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (tmc) |
| Filing 3 MOTION for Status by Judrika Houston. (llg) [Transferred from ared on 11/2/2023.] |
| Filing 2 COMPLAINT with Jury Demand against All Defendants, filed by Judrika Houston.(kdr) [Transferred from ared on 11/2/2023.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Judrika Houston. (kdr) [Transferred from ared on 11/2/2023.] |
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