Brown v. Whiteside et al
| Anthony Brown |
| Whiteside, Nevada County, AR, Officer Whiteside, Sheriff Jackie Runion, Direct Supervisors and Miller County Sheriff Dept. |
| 4:2023cv04079 |
| August 21, 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. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to File a Second Amended Complaint by October 11, 2023. This Order was not returned as undeliverable. That deadline has passed and Plaintiff has not responded or communicated with the Court in anyway. 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 11/7/2023. Signed by Honorable Christy D. Comstock on October 17, 2023. (ksb) |
Filing 13
ORDER DIRECTING that a Second Amended Complaint be filed. Amended Complaint due by 10/11/2023. Signed by Honorable Christy D. Comstock on September 20, 2023.(mll)
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| Filing 12 AMENDED COMPLAINT with Jury Demand against Jackie Runion, Direct Supervisors, Whiteside, Miller County Sheriff Dept. filed by Anthony Brown. Related document: #2 Complaint filed by Anthony Brown.(mll) |
| Filing 11 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to File an Amended Complaint by 9/12/2023. (ECF No. 7). This Order was returned as undeliverable. (ECF No. 9). Plaintiff has not contacted the Court with his updated address as previously ordered, (ECF No. 6), and as required by Local Rule 5.5(c)(2). In fact, Plaintiff has not communicated with this Court in any way. 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 10/6/2023. Signed by Honorable Christy D. Comstock on September 15, 2023. (ksb) |
| TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. (hnc) |
| Filing 10 Mail Returned as Undeliverable marked Transferred to ADC. Mail originally sent to Anthony Brown at Miller County Detention Center including 6 Order on Motion for Leave to Proceed in forma pauperis, #8 Clerk's Order PLRA Initial Fee. Resent to FCC - Forrest City Medium.(mll) |
| Filing 9 Mail Returned as Undeliverable marked Released to ADC. Mail originally sent to Anthony Brown at Miller County Detention Center including #4 Case Transferred In - District Transfer NEF, #5 Magistrate Notice/Consent Form, 7 Order Regarding Complaint Deficiency. Resent to FCC - Forrest City Medium.(mll) |
| Filing 8 CLERK'S ORDER re PLRA Initial Fee directing FCC - Forrest City Medium to collect from petitioner's prison account an initial partial filing fee of $34.42; 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office.)(mll) (Main Document 8 replaced on 8/23/2023.)(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. 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 date it 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 9/12/2023. Signed by Honorable Barry A Bryant on August 22, 2023. (awl) |
| Filing 6 TEXT ONLY ORDER granting #1 Plaintiff's 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 22, 2023. (awl) |
| Filing 5 Magistrate Notice/Consent Form.(mll) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:23-cv-00765. Docket sheet received. |
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Filing 3
ORDER directing the Clerk of Court to transfer this case immediately to the United States District Court for the Western District of Arkansas. Signed by Magistrate Judge Edie R. Ervin on 8/21/2023. (jbh) [Transferred from ared on 8/21/2023.]
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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 Anthony Brown. Motions referred to Honorable Barry A Bryant.(mll) |
| Filing 2 COMPLAINT against All Defendants, filed by Anthony Brown.(kdr) [Transferred from ared on 8/21/2023.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Anthony Brown. (kdr) [Transferred from ared on 8/21/2023.] |
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