Westlake v. Eureka Springs Police Department et al
| Emerson Tron Westlake |
| Eureka Springs Police Department, Tim Holm and Does Officers, Eureka Springs Police Department |
| 3:2024cv03024 |
| May 9, 2024 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Mark E Ford |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on May 9, 2024. A more recent docket listing may be available from PACER.
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| Filing 8 CLERK'S ORDER re PLRA Initial Fee directing Conway County Detention Facility to collect from petitioner's prison account an initial partial filing fee of $53.67; 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: Conway County Detention Facility). (ria) |
| Filing 7 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. Plaintiff has failed to provide the date or dates on which he alleges excessive force was used against him. Additionally, he needs to describe actions taken by each of the officers that he contends violated his federal constitutional rights. Plaintiff may, if he cannot recall the officers' names, refer to them as John Doe 1, John Doe 2, and Officer Tim Holm.For these reasons, Plaintiff is directed to submit an Amended Complaint by May 31, 2024. 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 May 31, 2024, deadline.CLERK TO FOLLOW UP. Signed by Honorable Mark E. Ford on May 9, 2024. (smg) |
| Filing 6 TEXT ONLY ORDER granting [ECF No. 1] 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.Pursuant to the provisions of the Prison Litigation Reform Act, the Clerk is directed to collect the $350 filing fee.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, he shall have 30 days from the date of transfer in which to notify the Court of his 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. Failure to inform the Court of an address change may result in the dismissal of this case. Signed by Honorable Mark E. Ford on May 9, 2024. (smg) |
| Filing 5 Magistrate Notice/Consent Form (ria) |
| Filing 4 Case transferred in from Eastern District of Arkansas; Case Number 4:24-cv-00408. Docket sheet received. Modified on 5/9/2024 (ria). |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (ria) |
Filing 3
ORDER directing the Clerk of the Court to immediately transfer Mr. Westlake's entire case file to the United States District Court for the Western District of Arkansas. Signed by Judge Billy Roy Wilson on 5/8/2024. (jbh) [Transferred from ared on 5/9/2024.]
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| Filing 2 COMPLAINT against All Defendants, filed by Emerson Tron Westlake. (ldb) [Transferred from ared on 5/9/2024.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Emerson Tron Westlake. (ldb) [Transferred from ared on 5/9/2024.] |
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