Dybalski v. Smith et al
| Garrett H Dybalski |
| Daisy Smith, Karen Ghromley and Correctional Officer Cameron Shelton |
| 4:2023cv04011 |
| February 10, 2023 |
| 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 |
| None |
Docket Report
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This docket was last retrieved on April 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 11
ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on April 5, 2023.(mll)
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| Filing 10 Mail Returned as Undeliverable marked RTS - Not At Address. Mail originally sent to Garrett Dybalski at Hot Springs County Jail including 7 Order to Show Cause - Failure to Obey Order-TEXT ONLY. No new address available. (bjb) |
| Filing 9 Mail Returned as Undeliverable marked Return to sender. Attempted. Not Known. Mail originally sent to Garrett H. Dybalski at Hot Spring County Jail including 6 Order Regarding Complaint Deficiency. No new address available. New Address due by 4/19/2023.(mll) |
| TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. Motions referred to Christy D. Comstock.(src) |
| Filing 8 Mail Returned as Undeliverable marked Return to sender. Not deliverable as addressed. Unable to forward. Mail originally sent to Garrett H. Dybalski at Hot Spring County Jail including #4 Case Transferred In - District Transfer, #5 Magistrate Notice/Consent Form. No new address available. New Address due by 4/10/2023.(mll) |
| Filing 7 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to file an amended complaint by 3/6/23. 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 3/28/2023. Signed by Honorable Barry A Bryant on 3/7/23. (awl) |
| Filing 6 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 3/6/2023. Additionally, Plaintiff is advised he cannot represent other Plaintiffs as he is not a lawyer. 28 U.S.C. Section 1654. Accordingly, he should not list Mr. Wolgamott, and Mr. Nichols as Plaintiffs in his Amended Complaint. The Court will send Mr. Wolgamott and Mr. Nichols separate mailings regarding their claims. Signed by Honorable Barry A Bryant on February 13, 2023. (awl) |
| Filing 5 Magistrate Notice/Consent Form.(mll) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:23-cv-00100. Docket sheet received. |
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Filing 3
TRANSFER ORDER directing that this case is immediately transferred to the United States District Court for the Western District of Arkansas. Signed by Magistrate Judge J. Thomas Ray on 2/10/2023. (kdr) [Transferred from ared on 2/10/2023.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas.(mll) |
| MOTIONS REFERRED to Honorable Barry A. Bryant: #1 MOTION for Leave to Proceed in forma pauperis filed by Garrett H Dybalski. Motions referred to Honorable Barry A Bryant.(mll) |
| Filing 2 COMPLAINT against All Defendants, filed by Garrett H Dybalski.(kdr) [Transferred from ared on 2/10/2023.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Garrett H Dybalski. (kdr) [Transferred from ared on 2/10/2023.] |
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