Nichols v. Smith et al
| John M Nichols |
| Daisy Smith, Karen Ghromley and Correctional Officer Cameron Shelton |
| 4:2023cv04013 |
| February 10, 2023 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Christy D Comstock |
| 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 August 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 Mail Returned as Undeliverable marked Return to Sender. Mail originally sent to John Nichols at Clark County Jail, Arkadelphia including 8 Text Only Order to Show Cause - Failure to Obey Order. Resent to Hot Springs County Jail, Malvern, AR per address on envelope on Document 2 (original complaint referred). (lgd) |
| 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 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. On February 13, 2023, the Court entered an Order directing Plaintiff to file a new IFP by 3/6/23 (ECF No. 6),and entered an Order directing Plaintiff to file an amended complaint by 3/6/23 (ECF No. 23). These Orders were 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 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. Additionally, Mr. Dybalski cannot represent Plaintiff since he is not a lawyer. For this reason, Plaintiff is directed to submit an Amended Complaint on his own behalf containing only claims related to himself, 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. Signed by Honorable Barry A Bryant on February 13, 2023. (awl) |
| Filing 6 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, the application is incomplete because the Funds Certificate relates to Garrett Dybalski's account instead of Plaintiff's. Plaintiff must submit a completed IFP Application including a Certificate of Funds of his own inmate account. For this reason, the Clerk is directed to send Plaintiff a blank Prisoner IFP application. Plaintiff is given 21 days from the date of this Order to either return the completed application to this court for review and filing or pay the 350.00 dollar filing fee and 52.00 dollar administrative fee, a total of 402.00 dollars. This case shall be subject to dismissal for failure to obey an order of the Court if Plaintiff fails to return the completed IFP application or pay the 402.00 dollar filing fee by the deadline. CLERK TO FOLLOW UP Completed IFP due by 3/6/2023. 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-00097. Docket sheet received. |
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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| MOTIONS REFERRED to Honorable Barry A. Bryant: #1 MOTION for Leave to Proceed in forma pauperis filed by John M Nichols. Motions referred to Honorable Barry A Bryant.(mll) |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas.(mll) |
| Filing 2 COMPLAINT against All Defendants, filed by John M Nichols.(kdr) [Transferred from ared on 2/10/2023.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by John M Nichols. (kdr) [Transferred from ared on 2/10/2023.] |
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