Weaver v. Nevada County Detention Facility et al
| Kenneth R Weaver |
| Nevada County Detention Facility, Jeremy Hubbard, Karen Gorhmley and Kathy Hipp |
| 4:2022cv04062 |
| July 19, 2022 |
| US District Court for the Western District of Arkansas |
| Texarkana Office |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.
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Filing 10
ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on September 15, 2022.(mll)
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| Filing 9 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. On July 20, 2022, the Court entered an Order directing Plaintiff to file an Amended Complaint by August 10, 2022. (ECF No. 6). 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 9/6/2022. Signed by Honorable Barry A Bryant on August 15, 2022. (mlf) |
| Filing 8 CLERK'S ORDER re PLRA Initial Fee directing Nevada County Jail to collect from petitioner's prison account an initial partial filing fee of $3.10; 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, Nevada County)(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 8/10/2022. Signed by Honorable Barry A Bryant on July 20, 2022. (mlf) |
| Filing 7 TEXT ONLY ORDER granting #1 Motion for Leave to Proceed in forma pauperis. 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 September 29, 2021. (mlf) Signed by Honorable Barry A Bryant on July 20, 2022. (mlf) (Entered: 07/20/2022) |
| Filing 5 Magistrate Notice/Consent Form.(mll) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:22-cv-00659. Docket sheet received. |
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Filing 3
ORDER directing the Clerk of Court to transfer this case immediately to the United States District Court for the Western District of Arkansas. Signed by Magistrate Judge Edie R. Ervin on 7/19/2022. (jbh) [Transferred from ared on 7/19/2022.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas.(mll) |
| Filing 2 COMPLAINT against All Defendants, filed by Kenneth R Weaver. (ldb) [Transferred from ared on 7/19/2022.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Kenneth R Weaver. (ldb) [Transferred from ared on 7/19/2022.] |
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