Luna v. Gentry et al
| Ronnie Luna |
| Robert Gentry, Arenar Romona, Deputy Chris Walcott, Jailer Blake Reel, Tammy Fowler, Whitney Higgins, Taylor Gentry, Jailer Dynamon, Jailer Chris, Jailer Shyanne, Jailer Bob, Jailer Chris May, Jailer Brandon, Euleperio Hernandez, Barbera Valentine, Steven Foltz and Synamon Garette |
| 4:2022cv04098 |
| September 13, 2022 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 8 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 is further CAUTIONED that he may not use the phrase "Gentry etc." to name Defendants for 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 any prior complaint. A Second Amended Complaint supersedes, or takes the place of, all prior Complaints. After amendment, the Court will treat all prior Complaints as nonexistent. Any cause of action that was raised in any prior 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 11/17/2022. Signed by Honorable Barry A Bryant on October 27, 2022. (klk) |
| Filing 7 CLERK'S ORDER re PLRA Initial Fee directing Sevier County Detention Center to collect from petitioner's prison account an initial partial filing fee of $27.17; 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, Sevier County).(mll) |
| Filing 6 TEXT ONLY ORDER granting #5 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 October 7, 2022. (klk) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Ronnie Luna. Motions referred to Barry A Bryant.(mll) (Main Document 5 replaced on 10/7/2022) (hnc). |
| Filing 4 AMENDED COMPLAINT with Jury Demand against Tammy Fowler, Euleperio Hernandez, Arenar Romona, Whitney Higgins, Robert Gentry, Jailer Brandon, Taylor Gentry, Chris Walcott, Steven Foltz, Chris May, Barbera Valentine, Synamon Garette, Blake Reel filed by Ronnie Luna.(mll) |
| Filing 3 Magistrate Notice/Consent Form (cnn) |
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., ORDER DIRECTING that a/an Amended Complaint be filed.( Amended Complaint due by 10/4/2022) Completed IFP due by 10/4/2022. Signed by Honorable Barry A Bryant on September 13, 2022. (cnn)
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| Filing 1 COMPLAINT REFERRED (42:1983) against All Defendants, filed by Ronnie Luna.(cnn) |
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