Wesley v. Singleton et al
| Kaiven Wesley |
| Sheriff James Singleton, Jail Administrator James Wise, Kathy Ficher, Kathy Flicher, James Wase and Dr. Elkins |
| 4:2020cv04092 |
| October 15, 2020 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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| Document Text |
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| Filing 18 ANSWER to #7 Amended Complaint, #1 Complaint Referred (42:1983) with Jury Demand , ANSWER to #7 Amended Complaint, #1 Complaint Referred (42:1983) with Jury Demand by Dr. Elkins, Kathy Ficher, James Singleton, James Wise.(Lewis, Kaylen) |
| Filing 17 SUMMONS Returned Executed by Kaiven Wesley. Kathy Ficher served on 11/18/2020, answer due 12/9/2020; James Singleton served on 11/18/2020, answer due 12/9/2020; James Wise served on 11/18/2020, answer due 12/9/2020. (mll) |
| Filing 16 Mail Returned as Undeliverable marked Return to Sender. Not deliverable as addressed. Unable to forward. Mail originally sent to Kaiven Wesley at Hempstead County Detention Center including #8 Order Directing Service. No new address available. New Address due by 12/31/2020. (mll) |
| Filing 15 Mail Returned as Undeliverable marked Refused. Mail originally sent to Kaiven Wesley at Hempstead County Detention Center including #10 Motion to Amend/Correct filed by Kaiven Wesley. No new address available. New Address due by 12/16/2020. (mjm) |
| Filing 14 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Dr. Elkins and USM285 Form delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #7 Amended Complaint, #12 Supplement, #4 Magistrate Notice/Consent Form, #13 Order Directing Service. (mll) |
Filing 13
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Dr. Elkins and granting 21 days to answer. Signed by Honorable Barry A. Bryant on November 3, 2020. (cc: U.S. Marshals Service).(mll)
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| Filing 12 SUPPLEMENT by Plaintiff Kaiven Wesley to #7 Amended Complaint. (mll) |
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Filing 11
ORDER granting #10 Motion to Amend Complaint. Signed by Honorable Barry A. Bryant on November 3, 2020. (mll)
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| Filing 10 MOTION to Amend #1 Complaint Referred (42:1983) by Kaiven Wesley. Motions referred to Barry A. Bryant.(mll) |
| Filing 9 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Kathy Ficher, James Singleton, James Wise and USM285 Forms delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #4 Magistrate Notice/Consent Form, #7 Amended Complaint, #8 Order Directing Service. (mll) |
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Filing 8
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Kathy Ficher, James Singleton, James Wise and granting 21 days to answer. Signed by Honorable Barry A. Bryant on October 26, 2020. (cc: U.S. Marshals Service).(mll)
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| Filing 7 AMENDED COMPLAINT with Jury Demand against Kathy Ficher, James Wise, James Singleton filed by Kaiven Wesley.(mll) |
| Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. 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 11/5/2020. Signed by Honorable Barry A. Bryant on October 15, 2020. (mlf) |
| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Hempstead County Detention Center to collect from petitioner's prison account an initial partial filing fee of $11.00; 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: Sheriff, Hempstead County). (mll) |
| Filing 4 Magistrate Notice/Consent Form. (mll) |
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Filing 3
ORDER granting #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 Barry A. Bryant on October 15, 2020. (mll)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Kaiven Wesley. Motions referred to Barry A. Bryant.(mll) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Kathy Ficher, James Singleton, James Wise filed by Kaiven Wesley.(mll) |
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