Ledkins v. Jackson et al
| Paul Eugene Ledkins |
| Jeremy Ragland, Mitch Magness, Larry Phillips and Mayor Jerry Jackson |
| 3:2024cv03027 |
| May 21, 2024 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on July 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 16 REPORT AND RECOMMENDATIONS re #15 Amended Complaint filed by Paul Eugene Ledkins. Objections to R&R due by 7/26/2024. Signed by Honorable Mark E. Ford on July 9, 2024. (ria) |
| Filing 15 AMENDED COMPLAINT, filed by Paul Eugene Ledkins.(lgd) |
| Set/Reset Deadlines: Amended Complaint due by 7/9/2024 (lgd) |
| Filing 14 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. In his original Complaint, Plaintiff claimed he was being denied necessary medication and medical care because of the cost; the amount of food he receives was inadequate; he was unable to obtain legal supplies; he had been assaulted by his enemies and was in fear for his life; and the toilet in his cell overflows with sewage water each day. Plaintiff was at the time detained in the Boone County Detention Center. Plaintiff, however, had failed to specifically identify the individual or individuals at the Boone County Detention Center that he contended were responsible for the alleged violations of his federal constitutional rights. For this reason, Plaintiff was directed to file an Amended Complaint. Plaintiff filed his Amended Complaint on June 17, 2024. He named as Defendants the mayor of Harrison and three members of the city council. He did not name anyone at the detention center as Defendants. He asserts the following claims in the Amended Complaint: a police officer wrote a false report on him; he was placed in the detention center on false charges; there was sewage water in his cell every day; he was denied protective custody (no factual explanation of why he requested protective custody); he did not receive three hot meals a day because he was allergic to beans; and he had to go without medicine because he could not afford the cost. Plaintiff's Amended Complaint is deficient in a number of ways. First, Plaintiff did not identify or name as a Defendant the police officer who allegedly made a false report against him. Second, Plaintiff did not name as Defendants any individuals from the detention center who were allegedly responsible for the violation of his rights while he was incarcerated there. Third, Plaintiff has not stated how any of the named Defendants personally violated his federal constitutional rights. For these reasons, Plaintiff is directed to submit a Second Amended Complaint by July 9, 2024. The Clerk is directed to mail the Plaintiff a court-approved section 1983 form.In the Second 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 Second Amended Complaint. The Second 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 or the First Amended Complaint. A Second Amended Complaint supersedes, or takes the place of, the First Amended Complaint. After amendment, the Court will treat the First Amended Complaint as nonexistent. Any cause of action that was raised in the First Amended Complaint is waived if it is not raised in the Second Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the July 9, 2024, deadline. CLERK TO FOLLOW UP. CLERK TO FOLLOW UP. Signed by Honorable Mark E. Ford on June 18, 2024. (smg) |
| Filing 13 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Mitch Magness, Jeremy Ragland, Jerry Jackson, Larry Phillips, filed by Paul Eugene Ledkins. Related document: #1 Complaint Referred (42:1983) filed by Paul Eugene Ledkins.(lgd) |
| Filing 12 Mail Returned as Undeliverable marked Return to Sender, Unclaimed, Unable to Forward. Mail originally sent to Paul Eugene Ledkins at Boone County Jail, 5800 Law Dr, Harrison, AR 72601-2103 including #1 Complaint Referred (42:1983) filed by Paul Eugene Ledkins, #3 Order Provisionally Filing Complaint, #4 Magistrate Notice/Consent Form 5 Order on Motion for Leave to Proceed In Forma Pauperis, 6 Text Only Order Regarding Complaint Deficiency, and #7 Clerk's Order PLRA Initial Fee. Resent to Paul Eugene Ledkins, 725 Hwy. 123 S. Apt 19, Harrison, AR 72601. (ria) |
| Filing 11 TEXT ONLY ORDER granting [ECF No. 10] 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.Deferring ruling on #10 Motion for Service. Plaintiff has an Amended Complaint due by June 13, 2024. Signed by Honorable Mark E. Ford on June 4, 2024. (smg) |
| Filing 10 MOTION for Leave to Proceed in forma pauperis, MOTION for Service by Paul Eugene Ledkins. Motions referred to Mark E. Ford.(lgd) |
| Filing 9 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. Plaintiff filed a Notice of Change of Address indicating that he has now been released from custody. When a Plaintiff is released from confinement, the policy of the Court is to require re-submission of affidavits to determine whether he should be required to pay all, or a portion of, the fees and costs of the lawsuit. If Plaintiff wishes to proceed with this lawsuit, he is directed to pay the balance of the 350.00 dollar filing fee, or to resubmit an IFP application which reflects his free-world financial status within 21 days of the date of this Order. IT IS THEREFORE ORDERED THAT: the Clerk is directed to send a blank IFP Application to the Plaintiff. Plaintiff is directed to submit the balance of the 350.00 dollar filing fee or complete and sign the IFP Application within 21 days. This case shall be subject to dismissal if Plaintiff fails to pay the 350.00 dollar filing fee or resubmit an IFP application by the deadline. CLERK TO FOLLOW UP Completed IFP due by 6/18/2024. Signed by Honorable Mark E. Ford on May 28, 2024. (smg) |
| Filing 8 NOTICE of Change of Address for Paul Ledkins. There are no documents to resend. (bjb) |
| Set/Reset Deadlines: Amended Complaint due by 6/13/2024. (ria) |
| Filing 7 CLERK'S ORDER re PLRA Initial Fee directing Boone County Jail to collect from petitioner's prison account an initial partial filing fee of $14.00; 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: Boone County Jail). (ria) |
| Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. In his Complaint, Plaintiff claims he is being denied necessary medication and medical care because of the cost; the amount of food he receives is inadequate; he is unable to obtain legal supplies; he has been assaulted by his enemies and is in fear for his life; and the toilet in his cell overflows with sewage water each day. Despite these allegations, Plaintiff has failed to specifically identify the individual or individuals he contends are responsible for these alleged violations of his federal constitutional rights. For this reason, Plaintiff is directed to submit an Amended Complaint by June 13, 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 June 13, 2024 deadline. CLERK TO FOLLOW UP. Signed by Honorable Mark E. Ford on May 23, 2024. (smg) |
| Filing 5 TEXT ONLY ORDER granting [ECF No. 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 May 23, 2024. (smg) |
| Filing 4 Magistrate Notice/Consent Form (ria) |
Filing 3
ORDER directing the Clerk to file the in forma pauperis (IFP) application and complaint submitted by the Plaintiff. A determination regarding his status as a pauper and service of process will be made at a later time. 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 his new address. Signed by Honorable Christy D. Comstock on May 21, 2024. (ria)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Paul Eugene Ledkins. Motions referred to Mark E. Ford.(ria) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Jerry Jackson, Mitch Magness, Larry Phillips and Jeremy Ragland, filed by Paul Eugene Ledkins.(ria) |
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