Smith v. McJunkins et al
| Curtis Wayne Dale Smith, Jr and Curtis Wayne Smith, Jr. |
| Sheriff Bryan McJunkins, Jail Administrator Jana Tallant and Officer Jake Eudy |
| 4:2024cv04019 |
| February 27, 2024 |
| 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 |
| None |
Docket Report
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| Document Text |
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| Filing 7 AMENDED COMPLAINT against Jana Tallant, Bryan McJunkins filed by Curtis Wayne Dale Smith, Jr. Related document: #1 Complaint Referred (42:1983) filed by Curtis Wayne Dale Smith, Jr.(mll) |
| Filing 6 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 or difficult to read. 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. Plaintiff is directed to space his writing out in a way that it is easily readable. Do not cramp the writing in between lines or in the margins of the complaint form. You may use additional sheets of paper and attach them to the complaint form if necessary. 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 4/18/2024. Signed by Honorable Barry A Bryant on March 28, 2024. (awl) |
| Filing 5 Magistrate Notice/Consent Form furnished. (lgd) |
| Filing 4 CLERK'S ORDER re PLRA Fee directing ADC North Central Unit to collect from petitioner's prison account monthly payments in amount equal to 20% of preceding month's income credited to account until $ 350 filing fee is paid in full (cc: Warden, ADC North Central, AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (lgd) Modified text on 2/28/2024 (lgd). |
Filing 3
ORDER directing the Clerk to file the in forma pauperis (IFP) application and complaint submitted by the Plaintiff; GRANTING #2 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 in the amount of $350.00. 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. Signed by Honorable Barry A Bryant on February 27, 2024. (lgd)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Curtis Wayne Dale Smith, Jr. Motions referred to Barry A Bryant.(lgd) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Jake Eudy, Bryan McJunkins, Jana Tallant, filed by Curtis Wayne Dale Smith, Jr.(lgd) |
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