Smith v. Montgomery et al
| William E. Smith |
| John Montgomery, Lieutenant Maze and Deputy Jordon Lkari |
| 3:2024cv03034 |
| August 6, 2024 |
| US District Court for the Western District of Arkansas |
| Christy D Comstock |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on October 1, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 NOTICE OF DIRECT ASSIGNMENT TO A U.S. MAGISTRATE JUDGE. This case has been assigned to a U.S. Magistrate Judge to conduct all proceedings and for entry of a final judgment. You must file the attached form memorializing consent or requesting reassignment to a District Judge within twenty one (21) days. Consent or Reassignment form due by 10/22/2024. (tmc) |
| Filing 28 TEXT ONLY BENCH ORDER. If Defendant(s) intend to pursue a defense, pursuant to the Prison Litigation Reform Act, 42 U.S.C. 1997(e)(a), that Plaintiff failed to exhaust his/her administrative remedies before filing this lawsuit, Defendant(s) must raise the issue in a motion for summary judgment filed no later than 60 days from the date of this Order. All discovery is stayed until the Court resolves any exhaustion issues. If Defendant(s) do(es) not intend to pursue an exhaustion defense, the Defendant(s) should PROMPTLY file a notice so stating. Summary Judgment Motion due by 11/29/2024. Signed by Honorable Christy D. Comstock on September 30, 2024. (smg) |
| Filing 27 ANSWER to #21 Amended Complaint with Jury Demand by Jordon Lkari, Maze, John Montgomery.(Merritt, Jennifer) Modified docket text on 10/1/2024 (tmc). |
| Filing 26 TEXT ONLY ORDER denying [ECF No. 23] Plaintiff's Motion for Leave to amend his prayer for relief. Plaintiff's Amended Complaint already seeks recovery of compensatory and punitive damages. Any amendment of the prayer for relief is unnecessary. Signed by Honorable Christy D. Comstock on September 30, 2024. (smg) |
| Filing 25 TEXT ONLY ORDER denying [ECF No. 22] as premature Plaintiff's Motion for Discovery. While service has been ordered on the Defendants, they have not answered. Discovery is therefore premature. The proper way to conduct discovery is by submitting interrogatories (written questions), requests for the production of documents, or requests for admission pursuant to Rules 33, 34 and 36 of the Federal Rules of Civil Procedure. Discovery requests are sent directly to Defendants' counsel not to the Court. The only type of discovery request filed with the Court is a request for the issuance of a subpoena pursuant to Rule 45 of the Federal Rules of Civil Procedure to someone who is not a party to the case. Signed by Honorable Christy D. Comstock on September 30, 2024. (smg) Modified text on 9/30/2024 (ria). |
| Filing 24 SUMMONS Returned Executed: Jordon Lkari served on 9/19/2024, answer due 10/10/2024; Maze served on 9/19/2024, answer due 10/10/2024; John Montgomery served on 9/19/2024, answer due 10/10/2024. (ria) |
| Filing 23 MOTION for Leave to Amend Damages and Relief by William E. Smith. (Attachments: #1 Declaration in Support)(ria) |
| Filing 22 MOTION for Discovery by William E. Smith. (ria) |
| Filing 21 AMENDED COMPLAINT with Jury Demand against Maze, Jordon Lkari, John Montgomery, filed by William E. Smith. Related document: #11 Amended Complaint filed by William E. Smith.(lgd) |
| Filing 20 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Jordon Lkari, Maze, John Montgomery and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #11 Amended Complaint, #19 Order Directing Service. (src) |
Filing 19
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Jordon Lkari, Maze, John Montgomery and granting 21 days to answer. Signed by Honorable Christy D. Comstock on September 9, 2024. (src)
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| Filing 18 CLERK'S ORDER re PLRA Fee directing Baxter County Jail 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.(ria) (Main Document 18 replaced on 9/6/2024) (ria). |
| Filing 17 TEXT ONLY ORDER granting [ECF Nos. 1, 12 & 16] Motions 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; deferring ruling on [ECF Nos. 8 & 16] Motions for Service. Signed by Honorable Christy D. Comstock on September 5, 2024. (smg) |
| Filing 16 MOTION for Leave to Proceed in forma pauperis (42:1983), MOTION for Service by William E. Smith received from Baxter County Sheriff's Office. (lgd) |
| Filing 15 CLERK'S NOTICE OF SERVICE: CERTIFIED MAIL, RETURN RECEIPT RECEIVED for service of documents as set forth in #13 Order Directing completed certificate inmate for IFP and blank IFP form. April Morgan, Baxter County Jail received documents on 8/26/2024. (lgd) |
| Filing 14 TEXT ONLY ORDER re [ECF No. 7] Magistrate Notice. On August 6, 2024, a Notice of Direct Assignment to the United States Magistrate Judge was sent to you by the Clerks Office. You were directed to return the form indicating either: (1) your consent to the jurisdiction of the Magistrate Judge; or (2) your request to have the case assigned to a District Judge. The return was due within twenty-one days or by no later than August 27, 2024. The return of this form is mandatory meaning you must return whether you choose option (1) or (2). Failure to return the form or respond to this Order may result in your case being delayed.You are given until September 17, 2024, to return the consent/reassignment form. Signed by Honorable Christy D. Comstock on August 27, 2024. (smg) |
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Filing 13
ORDER to Sheriff John Montgomery, Baxter County, AR requesting completed certificate of account for William E. Smith; directing the clerk to send this Order to Sheriff Montgomery by certified mail, return receipt requested. The Clerk is also directed to send the Sheriff and the Plaintiff blank certificate of account forms. Completed certificate of account due by 9/11/2024. Signed by Honorable Christy D. Comstock on August 21, 2024. (lgd)
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| Filing 12 MOTION for Leave to Proceed in forma pauperis (42:1983) by Wiliam E Smith. (lgd) |
| Filing 11 AMENDED COMPLAINT with Jury Demand against Maze, Jordon Lkari, John Montgomery, filed by Wiliam E Smith.(lgd) |
| Filing 10 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 8/28/2024. Signed by Honorable Christy D. Comstock on August 7, 2024. (smg) |
| Filing 9 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application (ECF No. 1). However, he failed to use the Court's approved IFP application and did not have a certification regarding inmate funds held in his name completed for the IFP application. For these reasons, 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 IFP application along with the certificate of account completed by the appropriate detention center official to the Court for review and filing or pay the 350.00 dollar filing fee and 55.00 dollar administrative fee, a total of 405.00 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 405.00 dollar filing fee by the deadline. CLERK TO FOLLOW UP Completed IFP due by 8/28/2024. Signed by Honorable Christy D. Comstock on August 7, 2024. (smg) |
| Filing 8 TEXT ONLY MOTION for Service by Wiliam E Smith. (bjb) |
| Filing 7 NOTICE OF DIRECT ASSIGNMENT TO A U.S. MAGISTRATE JUDGE. This case has been assigned to a U.S. Magistrate Judge to conduct all proceedings and for entry of a final judgment. You must file the attached form memorializing consent or requesting reassignment to a District Judge within twenty-one (21) days. Consent or Reassignment form due by 8/27/2024. (ria) |
| Filing 6 Case transferred in from District of Arkansas Eastern; Case Number 4:24-cv-00643. Docket sheet received. |
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Filing 5
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 Judge Brian S. Miller on 8/6/2024. (ajj) [Transferred from ared on 8/6/2024.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (ria) |
| Filing 4 NOTICE OF DOCKET CORRECTION re #2 Complaint. CORRECTION: The original document was submitted in error (wrong image file) due to a clerical mistake by the Clerk's office. The correct document was added to #2 and hereto for service to the parties. (kbc) [Transferred from ared on 8/6/2024.] |
| Filing 3 DECLARATION by Wiliam E Smith. (ldb) [Transferred from ared on 8/6/2024.] |
| Filing 2 COMPLAINT against John Montgomery, filed by Wiliam E Smith. (ldb) Additional attachment added on 7/30/2024: #1 Main Document - Correct. (kbc) [Transferred from ared on 8/6/2024.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Wiliam E Smith. (ldb) [Transferred from ared on 8/6/2024.] |
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