Smith v. Miller County Detention Center et al
| Gary Smith |
| Miller County Detention Center, Warden Walker and Sergeant Golden |
| 4:2021cv04051 |
| July 29, 2021 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 13 TEXT ONLY ORDER granting #11 Motion for Extension of Time to File a completed in forma pauperis ("IFP") application and an Amended Complaint. On August 30, 2021, the Court ordered Plaintiff to submit a completed IFP application and file an Amended Complaint to clarify his claims. Plaintiff's motion for an extension is requested in good faith and warranted. Plaintiff is ordered to file a completed IFP application and an Amended Complaint by October 23, 2021. Failure to properly and timely comply with this order shall result in this case being dismissed without prejudice. Signed by Honorable Barry A. Bryant on September 23, 2021. (mlf) |
| Filing 12 TEXT ONLY ORDER denying #10 Motion to Appoint Counsel. A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action but the Court may appoint counsel at its discretion. 28 U.S.C. 1915(e)(1). The Court has considered the need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual and legal complexity of the case, and whether Plaintiff has the ability to investigate and present this case. In considering these factors, the Court finds that the claims do not appear legally or factually complex, and Plaintiff is adequately prosecuting this case at this time. The Court finds Plaintiff is capable of prosecuting his claims without appointed counsel. At a later stage in the case, Plaintiff may again request appointment of counsel if Plaintiff believes the circumstances justify such an appointment. Signed by Honorable Barry A. Bryant on September 23, 2021. (mlf) |
| Filing 11 MOTION for Extension of Time to File by Gary Smith. Motions referred to Barry A. Bryant.(mll) |
| Filing 10 MOTION to Appoint Counsel by Gary Smith. Motions referred to Barry A. Bryant.(mll) |
| Filing 9 NOTICE of Change of Address for Gary Smith. There are no documents to resend. (mll) |
| Filing 8 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. In addition, Plaintiff named the Miller County Detention Center as a Defendant. The detention center is a building and is not a person subject to suit under 1983. Plaintiff may substitute as a Defendant an individual who he believes was personally involved in the violation of his constitutional rights. For these reasons, 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 9/20/2021. Signed by Honorable Barry A. Bryant on August 30, 2021. (mlf) |
| Filing 7 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, he failed to have the certification regarding inmate funds held in his name completed for the IFP application. For this reason, 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 have the certificate portion of the IFP application completed by the appropriate detention center official and return the application to the Court for review and filing or pay the 350.00 dollar filing fee and 52.00 dollar administrative fee, a total of 402.00 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 402.00 dollar filing fee by the deadline. CLERK TO FOLLOW UP Completed IFP due by 9/20/2021. Signed by Honorable Barry A. Bryant on August 30, 2021. (mlf) |
| Filing 6 NOTICE of Change of Address for Gary Smith. Documents that have previously been returned are being resent including #1 Complaint Referred (42:1983), #2 Motion for Leave to Proceed In Forma Pauperis (42:1983), #3 Order Provisionally Filing Complaint, #4 Magistrate Notice/Consent Form, Blank IFP Application, Amended Complaint form and 1983 Prisoner Litigation Guide. (mll) |
| Filing 5 Mail Returned as Undeliverable marked Return to sender. Unable to forward. Mail originally sent to Gary Smith at Bowie County Correctional Center including #1 Complaint Referred (42:1983), #2 Motion for Leave to Proceed In Forma Pauperis (42:1983), #3 Order Provisionally Filing Complaint. No new address available. New Address due by 9/13/2021. (mll) |
| Filing 4 Magistrate Notice/Consent Form. (mll) |
Filing 3
ORDER that the matter has been provisionally filed as the undersigned finds that additional information is needed to rule on Plaintiff's IFP application. Specifically the Court requires the following information: completed IFP. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Amended Complaint and completed IFP due by 8/20/2021. Signed by Honorable Barry A. Bryant on July 29, 2021. (mll)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Gary Smith. Motions referred to Barry A. Bryant.(mll) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Sergeant Golden, Miller County Detention Center, Warden Walker filed by Gary Smith.(mll) |
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