Jackson v. Runion et al
| Timothy Wade Jackson |
| Sheriff Runion, Warden Walker, Lieutenant Miller, Corporal G. Adams, Sergeant J. Guthrie, Charles Black, Jason Mitchell, David Cotton, Public Defender Josh Potter, Connor Herold, Lieutenant Alice Miller, Connie Mitchell and Judge Carlton Jones |
| 4:2021cv04056 |
| August 31, 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 |
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| Document Text |
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| Set/Reset Deadlines: Show Cause Response due by 11/15/2021. (cnn) |
| Filing 11 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. On September 30, 2021, the Court entered an Order directing Plaintiff to file a Second Amended Complaint by October 21, 2021. (ECF No. 10). 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 11/15/2021. Signed by Honorable Barry A. Bryant on October 25, 2021. (mlf) |
| Filing 10 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Amended Complaint (ECF No. 7), 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 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 or First Amended Complaints. A Second Amended Complaint supersedes, or takes the place of, the original and First Amended Complaints. After amendment, the Court will treat the original and First Amended Complaints as nonexistent. Any cause of action that was raised in the original Complaint or 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 Second Amended Complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 10/21/2021. Signed by Honorable Barry A. Bryant on September 30, 2021. (mlf) Modified docket text on 9/30/2021. (mll) |
| Filing 9 TEXT ONLY ORDER Directing the Clerk to change the style of the case and add Judge Carlton Jones as a Defendant as set forth in the #7 Amended Complaint. CLERK TO FOLLOW UP Signed by Honorable Barry A. Bryant on September 30, 2021. (mlf) |
| Filing 8 TEXT ONLY ORDER Directing the Clerk to change the style of the case and the case participant name to reflect the correct name of the Defendant as set forth in the #7 Amended Complaint. The name of Defendant Lieutenant Miller should be changed to Lieutenant Alice Miller. CLERK TO FOLLOW UP. Signed by Honorable Barry A. Bryant on September 30, 2021. (mlf) |
| Filing 7 AMENDED COMPLAINT against Sergeant J. Guthrie, Connor Herold, Warden Walker, Charles Black, David Cotton, Sheriff Runion, Jason Mitchell, Lieutenant Miller, Josh Potter, Connie Mitchell, Corporal G. Adams filed by Timothy Wade Jackson.(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 9/22/2021. Signed by Honorable Barry A. Bryant on September 1, 2021. (mlf) |
| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Miller County Detention Center to collect from petitioner's prison account an initial partial filing fee of $6.00; 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, Miller County).(mll) |
| Filing 4 Magistrate Notice/Consent Form. (mll) |
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 August 31, 2021. (mll)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Timothy Wade Jackson. Motions referred to Barry A. Bryant.(mll) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Corporal G. Adams, Charles Black, David Cotton, Sergeant J. Guthrie, Connor Herold, Lieutenant Miller, Jason Mitchell, Josh Potter, Sheriff Runion, Warden Walker, Connie Mitchell filed by Timothy Wade Jackson.(mll) Modified to add defendant Connie Mitchell on 9/1/2021. (mll) |
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