Lewis v. Hatley et al
| Don Earl Lewis |
| Correctional Officer Hatley, Deputy Sheriff Shaun Johnson, Captain G. Adams, Nurse Chellsie, John or Jane Doe and Rachell Noble |
| 4:2023cv04047 |
| April 24, 2023 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Christy D Comstock |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 10 NOTICE of Change of Address for Don Earl Lewis. There are no documents to resend.(mll) |
| Filing 9 Mail Returned as Undeliverable marked Mr. Lewis transferred to ADC. Mail originally sent to Don Earl Lewis at Miller County Detention Center including 6 Order on Motion for Leave to Proceed In Forma Pauperis (42:1983), 7 Order Regarding Complaint Deficiency, Amended Complaint form, #8 Clerk's Order PLRA Initial Fee. Resent to ADC - Ouachita River Unit.(mll) |
| Filing 8 CLERK'S ORDER re PLRA Initial Fee directing Miller County Detention Center to collect from petitioner's prison account an initial partial filing fee of $10.00; 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, Miller County)(mll) |
| Filing 7 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. Plaintiff also attached 10 additional pages of paper. Plaintiff is advised that he must follow the directions on the Complaint form, and may attach no more than one additional sheet of paper for each additional claim. 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 6/27/2023. Signed by Honorable Christy D. Comstock on June 6, 2023. (klk) |
| 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 Christy D. Comstock on June 6, 2023. (klk) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Don Earl Lewis. Motions referred to Christy D. Comstock.(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.(hnc) |
Filing 4
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. Completed IFP due by 5/15/2023. 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 his new address. Failure to inform the Court of an address change shall result in the dismissal of this case. Signed by Honorable Barry A Bryant on April 24, 2023. (lgd)
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| Filing 3 Magistrate Notice/Consent Form furnished. (lgd) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Don Earl Lewis. Motions referred to Barry A Bryant.(lgd) |
| Filing 1 COMPLAINT REFERRED (42:1983) against G. Adams, Chellsie, John or Jane Doe, Hatley, Shaun Johnson, Rachell Noble, filed by Don Earl Lewis.(lgd) |
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