Perkins v. Short et al
| Antonio Pierre Perkins |
| Joe Short, Duncan Culpepper, Christie McQueen, Ben Hale, Deputy Sheriff Justin Crain, Parole Officer Mallory Evans, Deputy Sheriff Gary Dorman and Gail Wolfenbarger |
| 4:2023cv04040 |
| April 12, 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 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 SECOND AMENDED COMPLAINT against Justin Crain, Duncan Culpepper, Mallory Evans, Gail Wolfenbarger, Joe Short, Gary Dorman, Christie McQueen, Ben Hale filed by Antonio Pierre Perkins. Related document: #4 Amended Complaint filed by Antonio Pierre Perkins. (Attachments: #1 Attachment)(mll) |
| Filing 11 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to file amended complaint by June 6, 2023. (ECF No. 10). 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 6/28/2023. Signed by Honorable Barry A Bryant on June 7, 2023. (awl) |
| Filing 10 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Amended Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights. For this reason, Plaintiff is directed to submit an Second 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 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 the original complaint. A Second Amended Complaint supersedes, or takes the place of, the original Complaint. After amendment, the Court will treat the original Complaint and First Amended Complaint as nonexistent. Any cause of action that was raised in the original Complaint is waived if it is not raised in the Second Amended Complaint. Plaintiff is advised that his original Complaint does not have any attachment with his claims as he refers. He must include the facts giving rise to his constitutional violation claims in his 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 6/6/2023. Signed by Honorable Barry A Bryant on May 16, 2023. (awl) |
| Filing 9 CLERK'S ORDER re PLRA Initial Fee directing Hempstead County Detention Center to collect from petitioner's prison account an initial partial filing fee of $28.33; 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, Hempstead County)(mll) |
| Filing 8 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 April 21, 2023. (awl) |
| Filing 7 SUPPLEMENT by Plaintiff Antonio Pierre Perkins to #5 MOTION for Leave to Proceed in forma pauperis (42:1983).(mll) |
| Filing 6 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his Amended Complaint, Plaintiff submitted an in forma pauperis (IFP) application filed by the Court on April 17, 2023. However, he failed to have the certification regarding inmate funds held in his name completed for the IFP application. 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 have the certificate portion of the IFP application completed by the appropriate detention center official and return the application to the 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 5/9/2023. Signed by Honorable Barry A Bryant on April 18, 2023. (awl) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Antonio Pierre Perkins. Motions referred to Barry A Bryant.(mll) |
| Filing 4 AMENDED COMPLAINT against Justin Crain, Duncan Culpepper, Mallory Evans, Gail Wolfenbarger, Joe Short, Gary Dorman, Christie McQueen, Ben Hale filed by Antonio Pierre Perkins.(mll) |
| Filing 3 Magistrate Notice/Consent Form.(mll) |
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 a completed IFP; ORDER DIRECTING that an Amended Complaint be filed. (Amended Complaint and completed IFP due by 5/3/2023.) Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Signed by Honorable Barry A Bryant on April 12, 2023.(mll)
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| Filing 1 COMPLAINT REFERRED (42:1983) against Justin Crain, Duncan Culpepper, Gary Dorman, Mallory Evans, Ben Hale, Christie McQueen, Joe Short, Gail Wolfenbarger filed by Antonio Pierre Perkins.(mll) |
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