White v. Lusk, et al
| Anthony Scott White |
| Nevada County, AR, Miller County, Arkansas, Michael Lusk, Captain Adams, Corrections Officer Sutton, Warden Walker, Sergeant Golden, Sergeant Gunther and K. Noland |
| 4:2021cv04037 |
| May 18, 2021 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.
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| Filing 27 TEXT ONLY ORDER denying #25 Motion video and documents. Plaintiff's motion is premature as the Court has not completed an initial screening of Plaintiff's Second Amended Complaint and therefore no Defendants have yet been served. Signed by Honorable Barry A. Bryant on July 16, 2021. (mlf) |
| Filing 26 TEXT ONLY ORDER denying #24 Motion for subpoena of documents, video and documents and information related to Plaintiff's state criminal case. First, Plaintiff's request for documents and video relating to the instant 1983 lawsuit is premature because the Court has not completed the initial screening of Plaintiff's Second Amended Complaint and therefore no Defendants have been served. In addition, the Court has no control over information or documents relating to Plaintiff's state criminal case and will not issue a subpoena for that information because his criminal case has nothing to do with the instant 1983 litigation. Signed by Honorable Barry A. Bryant on July 16, 2021. (mlf) |
| Filing 25 MOTION to Subpoena/Request Video by Anthony Scott White. Motions referred to Barry A. Bryant.(mll) |
| Filing 24 MOTION for Subpoena by Anthony Scott White. Motions referred to Barry A. Bryant.(mll) |
| Filing 23 TEXT ONLY ORDER denying #22 Motion for relief for mishandling mail. Plaintiff has not identified any Defendant as being responsible for the alleged mishandling of his mail and during the pandemic the U.S. Postal Service has been slower than usual in processing mail. Signed by Honorable Barry A. Bryant on July 13, 2021. (mlf) |
| Filing 21 TEXT ONLY ORDER Directing the Clerk to change the style of the case and add the following Defendants to reflect the correct names as set forth in the #20 Amended Complaint: Captain Adams, Warden Walker, Corrections Officer Sutton, Attorney Michael Lusk, Sergeant Golden, Sergeant Gunther, and K. Noland. CLERK TO FOLLOW UP. Signed by Honorable Barry A. Bryant on July 9, 2021. (mlf) |
| Filing 22 MOTION for Relief for Mishandled Mail by Anthony Scott White. Motions referred to Barry A. Bryant.(mll) |
| Filing 20 SECOND AMENDED COMPLAINT with Jury Demand against Michael Lusk, Captain Adams, Corrections Officer Sutton, Warden Walker filed by Anthony Scott White.(mll) |
| Filing 19 TEXT ONLY ORDER denying #17 Motion for Emergency Relief. Plaintiff's motion is premature. On June 9, 2021, the Court ordered Plaintiff to file a Second Amended Complaint to clarify his claims by June 30, 2021. (ECF No. 14). To date, he has not filed a Second Amended Complaint. Until Plaintiff files his Second Amended Complaint and the Court has an opportunity to review and screen his claims, it will not address any motions. Signed by Honorable Barry A. Bryant on July 1, 2021. (mlf) |
| Filing 18 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. On June 9, 2021, the Court entered an Order directing Plaintiff to file a Second Amended Complaint to clarify his claims against Defendants by June 30, 2021. (ECF No. 14). This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 7/22/2021. Signed by Honorable Barry A. Bryant on July 1, 2021. (mlf) |
| Filing 17 MOTION for Emergency Relief by Anthony Scott White. Motions referred to Barry A. Bryant.(mll) |
| Filing 16 TEXT ONLY ORDER denying #15 Motion subpoena documents and video footage. This motion is premature. On June 9, 2021, the Court ordered Plaintiff to file a Second Amended Complaint to clarify his claims. (ECF No. 14). To date, Plaintiff has not responded to the Court's order. Signed by Honorable Barry A. Bryant on June 24, 2021. (mlf) |
| Filing 15 MOTION to Subpoena/Request Documents and Video by Anthony Scott White. Motions referred to Barry A. Bryant.(mll) |
| Filing 14 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Amended 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. In addition, Plaintiff generally refers to all medical and jail staff as being involved in a violation of his rights and does not even attempt to list any named individuals other than Captain Adams. For this reason, Plaintiff is directed to submit a Second 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 Second 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 Second Amended Complaint. The Second 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 Second Amended Complaint supersedes, or takes the place of, the original and First Amended Complaint. After amendment, the Court will treat the original and First Amended Complaint as nonexistent. Any cause of action that was raised in the original or First Amended 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 Second Amended Complaint to the Court by the deadline. Amended Complaint due by 6/30/2021. Signed by Honorable Barry A. Bryant on June 9, 2021. (mlf) |
| Filing 13 TEXT ONLY ORDER finding as moot #1 Motion for Leave to Proceed in forma pauperis. Signed by Honorable Barry A. Bryant on June 9, 2021. (mlf) |
| Filing 12 TEXT ONLY ORDER granting #8 Motion for Leave to Proceed in forma pauperis (42:1983). On June 7, 2021, Plaintiff filed a Supplement (ECF No. 11) containing a signed Certificate of Inmate Account and Assets. In addition, the Clerk is hereby notified that the filing fee in this case has been paid. Therefore, the Clerk DOES NOT need 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. Signed by Honorable Barry A. Bryant on June 9, 2021. (mlf) |
| Filing 11 SUPPLEMENT by Plaintiff Anthony Scott White to #8 MOTION for Leave to Proceed in forma pauperis (42:1983). (mll) |
| Filing 10 CLERK'S NOTICE OF SERVICE: CERTIFIED MAIL, RETURN RECEIPT RECEIVED for service of documents as set forth in #9 Order. Miller County Detention Center received documents on 6/1/2021. (mll) |
| Complaint fee received: $402.00, receipt number 4001307. (mll) |
Filing 9
ORDER Requesting Sheriff/Jail Administrator of Miller County Detention Center to Assist Plaintiff in Getting Certificate of Account Completed and Signed by Authorized Personnel. Plaintiff is given until June 16, 2021 to file his completed IFP form. Signed by Honorable Barry A. Bryant on May 26, 2021. (mll)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis (42:1983) by Anthony Scott White. Motions referred to Barry A. Bryant.(mll) |
| Filing 7 AMENDED COMPLAINT with Jury Demand against Miller County, Arkansas filed by Anthony Scott White.(mll) |
| CERTIFIED MAIL, WITH RETURN RECEIPT ATTACHED, DELIVERED TO U.S. POSTAL SERVICE, for service of #9 Order, as to Sheriff, Miller County using Certified Mail Article number 7013 1710 0001 6502 9076. (mll) |
| CERTIFIED MAIL, WITH RETURN RECEIPT ATTACHED, DELIVERED TO U.S. POSTAL SERVICE, for service of #9 Order as to Jail Administrator, Miller County Detention Center using Certified Mail Article number 7013 1710 0001 6502 9083. (mll) |
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Filing 6
ORDER DIRECTING that an Amended Complaint and completed IFP be filed by 6/19/2021. Signed by Honorable Barry A. Bryant on May 18, 2021. (mll)
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| Filing 5 Magistrate Notice/Consent Form. (mll) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:21-cv-00408. Docket sheet received. |
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Filing 3
ORDER directing the Clerk of Court to transfer Plaintiff's entire case file immediately to the United States District Court for the Western District of Arkansas. Signed by Judge Billy Roy Wilson on 5/18/2021. (jbh) [Transferred from ared on 5/18/2021.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District or Arkansas. (mll) |
| Filing 2 COMPLAINT against Does, filed by Anthony Scott White.(kdr) [Transferred from ared on 5/18/2021.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Anthony Scott White. (kdr) [Transferred from ared on 5/18/2021.] |
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