Swik v. Searcy County Jail
| Joseph Swik |
| Searcy County Jail |
| 3:2022cv03068 |
| November 28, 2022 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Mark E Ford |
| 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 8 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order (ECF No. 6) directing Plaintiff to file a completed in forma pauperis application by December 20, 2022, and an Order (ECF No. 7) directing Plaintiff to file an amended complaint by December 20, 2022. These Orders were not returned as undeliverable. Plaintiff did not respond to either Order. Plaintiff is given 21 days to show cause why he failed to obey the Orders of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by January 18, 2023. Signed by Honorable Mark E. Ford on December 28, 2022. (smg) |
| Filing 7 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. Plaintiff has named the Searcy County Jail as a Defendant. The jail is a building and is not subject to suit under section 1983. Instead, Plaintiff must name as Defendants those individuals who personally violated his federal constitutional rights. Plaintiff is directed to submit an Amended Complaint by December 20, 2022. The Clerk is directed to mail the Plaintiff a court-approved section 1983 form. In the Amended Complaint, Plaintiff must write short, plain statements telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name of the Defendant who violated the right; (3) exactly what the Defendant did or failed to do; (4) how the action or inaction of that Defendant is connected to the violation of Plaintiff=s constitutional rights; and (5) what specific injury Plaintiff suffered because of that Defendant=s conduct. 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, the allegations against that Defendant will be dismissed for failure to state a claim.The 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. Plaintiff may not incorporate 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 December 20, 2022, deadline.CLERK TO FOLLOW UP. Signed by Honorable Mark E. Ford on November 29, 2022. (smg) |
| Filing 6 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, he failed to have the certification regarding inmate funds held in his name completed for the IFP application. 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 have the certificate portion of the IFP application completed by the appropriate detention center official and return the application to the 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 12/20/2022. Signed by Honorable Mark E. Ford on November 29, 2022. (smg) |
| MOTIONS REFERRED to Honorable Mark E. Ford: #1 MOTION for Leave to Proceed in forma pauperis filed by Joseph Swik. Motions referred to Honorable Mark E. Ford.(lgd) |
| Set Deadlines: Amended Complaint due by 12/20/2022 per 7 TEXT ONLY ORDER. (tg) |
| Filing 5 Magistrate Notice/Consent Form furnished. (lgd) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:22-cv-01135. Docket sheet received. |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Arkansas Eastern. (lgd) |
Filing 3
ORDER directing the Clerk to immediately transfer this case to the United States District Court for the Western District of Arkansas. Signed by Magistrate Judge Joe J. Volpe on 11/22/2022. (jbh) [Transferred from ared on 11/28/2022.]
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| Filing 2 COMPLAINT against Searcy County Jail filed by Joseph Swik. (llg) [Transferred from ared on 11/28/2022.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Joseph Swik. (llg) [Transferred from ared on 11/28/2022.] |
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| Plaintiff: Joseph Swik | |
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