Raper v. Braley
James M. Raper, Jr |
Rose Braley |
4:2022cv04057 |
June 30, 2022 |
US District Court for the Western District of Arkansas |
Barry A Bryant |
Susan O Hickey |
Prisoner Petitions - Prison Conditions |
42 U.S.C. § 1983 Prisoner Civil Rights |
None |
Docket Report
This docket was last retrieved on July 10, 2023. A more recent docket listing may be available from PACER.
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Filing 10 NOTICE of Change of Address for James M. Raper, Jr. There are no documents to resend.(mll) |
Filing 9 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint (ECF No. 1), it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District. The Court did review Plaintiff's Response (ECF No. 8) asking the Court to allow his initial Complaint to proceed. This request is DENIED. Plaintiff must submit his Amended Complaint on the form approved by the Court. 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 9/2/2022. Signed by Honorable Barry A Bryant on August 12, 2022. (mlf) |
Filing 8 RESPONSE by James M. Raper, Jr re 7 Order Regarding Complaint Deficiency.(mll) |
Filing 7 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District. 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 8/10/2022. Signed by Honorable Barry A Bryant on July 20, 2022. (mlf) |
Filing 6 Mail Returned as Undeliverable marked Located at NCU. Mail originally sent to James M. Raper, Jr. at ADC - Ouachita River Unit including #1 Complaint Referred (42:1983), #2 Motion for Leave to Proceed In Forma Pauperis (42:1983), #3 Order on Motion for Leave to Proceed In Forma Pauperis (42:1983), #4 Magistrate Notice/Consent Form, #5 Clerk's Order PLRA Initial Fee. Resent to ADC North Central Unit.(mll) |
Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Ouachita River Unit to collect from petitioner's prison account an initial partial filing fee of $11.50; 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction).(mll) |
Filing 4 Magistrate Notice/Consent Form.(mll) |
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Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by James M. Raper, Jr. Motions referred to Barry A Bryant.(mll) |
Filing 1 COMPLAINT REFERRED (42:1983) against Rose Braley filed by James M. Raper, Jr.(mll) |
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Plaintiff: James M. Raper, Jr | |
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Defendant: Rose Braley | |
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