Flynn v. Lunsford
| Derrick Anthony Flynn, Jr |
| Reese Lunsford |
| 4:2023cv04072 |
| July 28, 2023 |
| US District Court for the Western District of Arkansas |
| Mark E Ford |
| Susan O Hickey |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 Mail Returned as Undeliverable marked Return to sender. Not deliverable as addressed. Unable to forward. Mail originally sent to Derrick Anthony Flynn, Jr. at Little River County Jail including 14 Order to Show Cause - Failure to Obey Order. No new address available.(mll) |
| Filing 14 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to File an Amended Complaint by 08/28/2023. (ECF No. 9) This Order was returned as undeliverable and Plaintiff has not provided the Court with any current contanct information. Plaintiff is given 21 days to show cause why he has failed to obey the Order of the Court and why he has not updated his contact information as required by the Local Rules and as previously ordered by this Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 9/26/2023. Signed by Honorable Mark E. Ford on September 5, 2023. (ksb) |
| Filing 13 Mail Returned as Undeliverable marked Return to sender. Attempted - Not Known Unable to Forward. Mail originally sent to Derrick Anthony Flynn, Jr. at Little River County Jail including 9 Order Directing Pleading to be Filed. No new address available. |
| Filing 12 Mail Returned as Undeliverable marked Return to sender. Not deliverable as addressed. Unable to forward. Mail originally sent to Derrick Anthony Flynn, Jr. at Little River County Jail including #6 Case Transferred In - District Transfer, #7 Magistrate Notice/Consent Form. No new address available.(mll) |
| Filing 11 Mail Returned as Undeliverable marked Return to sender. Mail originally sent to Derrick Flynn, Jr at LITTLE RIVER COUNTY JAIL 2115 North Constitution Avenue Ashdown, AR 71822 including Memo of Reassignment. No new address available. New Address due by 9/18/2023. (jlm) |
| Set Deadlines/Hearings: Amended Complaint due by 8/28/2023 (tmc) |
| Filing 10 CLERK'S ORDER re PLRA Initial Fee directing Little River County Detention Center to collect from petitioner's prison account an initial partial filing fee of $17.80; 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, Little River County)(mll) |
| Filing 9 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. Upon preliminary review of the Complaint, it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District. (ECF No. 2). Further, Plaintiff subsequently filed an "Addendum" to the Complaint. (ECF No. 4). Thus, 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. Further, Plaintiff must include all the claims he intends to raise in the amended complaint. The Court will not refer back to or consider any other filings in ascertaining Plaintiff's claims. 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. Plaintiff 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. Amended Complaint due by August 28, 2023. Signed by Honorable Barry A Bryant on August 4, 2023. (ksb) |
| Filing 8 TEXT ONLY ORDER granting #1 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 August 4, 2023. (ksb) |
| TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Mark E. Ford. Honorable Barry A Bryant no longer assigned to the case. (hnc) |
| Filing 7 Magistrate Notice/Consent Form.(mll) |
| Filing 6 Case transferred in from District of Arkansas Eastern; Case Number 4:23-cv-00660. Docket sheet received. |
Filing 5
ORDER directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the United States District Court for the Western District of Arkansas. Signed by Judge Lee P. Rudofsky on 7/28/2023. (ldb) [Transferred from ared on 7/28/2023.]
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| MOTIONS REFERRED to Honorable Barry A. Bryant: #1 MOTION for Leave to Proceed in forma pauperis filed by Derrick Anthony Flynn, Jr. Motions referred to Honorable Barry A Bryant.(mll) |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas.(mll) |
| Filing 4 ADDENDUM to #2 Complaint, filed by Derrick Anthony Flynn, Jr. (ldb) [Transferred from ared on 7/28/2023.] |
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Filing 3
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (kdr) [Transferred from ared on 7/28/2023.]
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| Filing 2 COMPLAINT against Reese Lunsford, filed by Derrick Anthony Flynn, Jr.(kdr) [Transferred from ared on 7/28/2023.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Derrick Anthony Flynn, Jr. (kdr) [Transferred from ared on 7/28/2023.] |
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| Plaintiff: Derrick Anthony Flynn, Jr | |
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| Defendant: Reese Lunsford | |
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