Green v. Walraven et al
Jesse A. Green |
Sheriff Bobby Walraven, Jail Administrator Gina Butler, Captain Tracy Smith, Jailer Tim Garner, John Doe Jailers, Deputy Marcus Pullen, Deputy Trey Johnson and Tyler Schlomer |
4:2022cv04010 |
February 9, 2022 |
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 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on April 26, 2022. A more recent docket listing may be available from PACER.
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Filing 8 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to file an amended complaint by 3/16/22. 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 4/18/2022. Signed by Honorable Barry A Bryant on March 28, 2022. (cpg) |
Filing 7 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. For instance, although Plaintiff mentions the names of some individual in attachements and refers to them, he has failed to specifically name them as Defendants and has not described what they did or failed to do which violated his rights. 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 Amended Complaints. A Second Amended Complaint supersedes, or takes the place of, the original and Amended Complaints. After amendment, the Court will treat the original and Amended Complaints as nonexistent. Any cause of action that was raised in the original or 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 Second Amended Complaint due by 3/16/2022. Signed by Honorable Barry A Bryant on February 23, 2022. (mlf) |
Filing 6 AMENDED COMPLAINT with Jury Demand against John Doe Jailers, Tracy Smith, Gina Butler, Bobby Walraven, Tim Garner, Marcus Pullen, Trey Johnson, Tyler Schlomer filed by Jesse A. Green.(mll) |
Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Little River County Detention Center to collect from petitioner's prison account an initial partial filing fee of $1.87; 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, Little River 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; ORDER DIRECTING that an Amended Complaint be filed. Amended Complaint due by 3/2/2022. Signed by Honorable Barry A Bryant on February 9, 2022.(mll) |
Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Jesse A. Green. Motions referred to Barry A Bryant.(mll) |
Filing 1 COMPLAINT REFERRED (42:1983) against Gina Butler, Tim Garner, John Doe Jailers, Tracy Smith, Bobby Walraven filed by Jesse A. Green.(mll) |
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