Raper v. Hutchinson et al
| James M Raper, Jr |
| Governer Asa Hutchinson, Mrs. Maxwell, Mr. Minors, Rose Bradley, Governor Asa Hutchinson, Tina Maxwell, J. Minors, Rose Braylee and Kefee Coffee International |
| 4:2021cv04067 |
| October 14, 2021 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 15 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. Plaintiff filed a Notice of Change of Address indicating that he has now been released from custody. (ECF No. 13). When a Plaintiff is released from confinement, the policy of the Court is to require re-submission of affidavits to determine whether he should be required to pay all, or a portion of, the fees and costs of the lawsuit. If Plaintiff wishes to proceed with this lawsuit, he is directed to pay the balance of the 350.00 dollar filing fee, or to resubmit an IFP application which reflects his free-world financial status within 21 days of the date of this Order. IT IS THEREFORE ORDERED THAT: the Clerk is directed to send a blank IFP Application to the Plaintiff. Plaintiff is directed to submit the balance of the 350.00 dollar filing fee or complete and sign the IFP Application within 21 days. This case shall be subject to dismissal if Plaintiff fails to pay the 350.00 dollar filing fee or resubmit an IFP application by the deadline. CLERK TO FOLLOW UP Completed IFP due by 12/30/2021. Signed by Honorable Barry A Bryant on December 9, 2021. (mlf) |
Filing 14
ORDER CONSOLIDATING CASES. Cases 21-4067 and 21-4070 consolidated. The LEAD case shall be 21-4067. All future pleadings shall be filed in the LEAD case. Signed by Honorable Barry A Bryant on December 8, 2021. (mll)
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| Filing 13 NOTICE of Change of Address for James M. Raper, Jr. There are no documents to resend. (mll) |
| Filing 12 SECOND AMENDED COMPLAINT with Jury Demand against J. Minors, Tina Maxwell, Kefee Coffee International, Asa Hutchinson, Rose Braylee filed by James M. Raper, Jr.(mll) |
| Filing 11 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Amended Complaint (ECF No.4), it is determined that Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights,the Amended Complaint is missing a page, Plaintiff has attempted to include multiple claims under one claim, some of his claims may be frivolous, some defendants appear to be immune from suit, and Plaintiff attached four extra pages to the Amended Complaint which were confusing and not specifically connected to the claims in the Amended Complaint. For these reasons, 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 Complaint 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 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 12/9/2021. Signed by Honorable Barry A. Bryant on November 18, 2021. (mlf) |
| Filing 10 CLERK'S ORDER re PLRA Initial Fee directing Southwest Arkansas Community Correction Center to collect from petitioner's prison account an initial partial filing fee of $12.57; 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: SWACCC).(mll) |
| Filing 9 TEXT ONLY ORDER finding as moot #5 Motion for Leave to Proceed in forma pauperis (42:1983). Signed by Honorable Barry A. Bryant on November 15, 2021. (mlf) |
| Filing 8 TEXT ONLY ORDER granting #7 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 November 15, 2021. (mlf) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis (42:1983) by James M Raper, Jr. Motions referred to Barry A. Bryant.(mll) |
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Filing 6
ORDER requesting SWACCC's assistance in getting Plaintiff's Certificate of Account completed. Completed IFP due by 11/17/2021. Signed by Honorable Barry A. Bryant on October 27, 2021. (mll) (Sent to SWACCC via CM/RRR 7020 1290 0000 3687 2474.)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by James M Raper, Jr. Motions referred to Barry A. Bryant.(mll) |
| Filing 4 AMENDED COMPLAINT against J. Minors, Tina Maxwell, Asa Hutchinson, Rose Braylee filed by James M Raper, Jr.(mll) Modified on 10/27/2021 to edit party names(lw). |
| Filing 3 Magistrate Notice/Consent Form (cnn) |
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Filing 2
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; DIRECTING that a/an Amended Complaint be filed.( Amended Complaint due by 11/4/2021) Completed IFP due by 11/4/2021. Signed by Honorable Barry A. Bryant on October 14, 2021. (cnn)
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| Filing 1 COMPLAINT REFERRED (42:1983) against All Defendants, filed by James M Raper, Jr.(cnn) |
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