Wilson v. McClarty Daniel Dealership, Service Department et al
Plaintiff: Joshua David Wilson
Defendant: Sheriff Shawn Holloway, Judge Robin Green, McClarty Daniel Dealership, Service Department and John Doe Arresting Officers
Case Number: 5:2020cv05142
Filed: August 5, 2020
Court: US District Court for the Western District of Arkansas
Presiding Judge: Timothy L Brooks
Referring Judge: Erin L Wiedemann
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2020 Filing 11 TEXT ONLY ORDER DIRECTING that an Amended Complaint be filed. Plaintiff failed to submit the signature page with his Complaint. The Clerk is directed to mail the Plaintiff a section 1983 form complaint.In the Amended Complaint, Plaintiff must write short, plain statements telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name of the Defendant who violated the right; (3) exactly what the Defendant did or failed to do; (4) how the action or inaction of that Defendant is connected to the violation of Plaintiff's constitutional rights; and (5) what specific injury Plaintiff suffered because of that Defendant's conduct. 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, the allegations against that Defendant will be dismissed for failure to state a claim.The 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 incorporate 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. Amended Complaint due by 10/14/2020. Signed by Honorable Erin L. Wiedemann on September 21, 2020. (smg) Modified text on 9/21/2020 (lgd).
August 27, 2020 Filing 10 CLERK'S ORDER re PLRA Initial Fee directing Sheriff, Benton County to collect from petitioner's prison account an initial partial filing fee of $9.40; 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 filing fee is paid in full (cc: Sheriff, Benton County, AR). (lgd)
August 27, 2020 Filing 9 TEXT ONLY ORDER granting Motion for Leave to Proceed in forma pauperis #2 and Supplement #8 (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 Erin L. Wiedemann on August 27, 2020. (smg)
August 25, 2020 Filing 8 SUPPLEMENT by Plaintiff Joshua David Wilson to #2 MOTION for Leave to Proceed in forma pauperis (42:1983). (tg)
August 19, 2020 Filing 7 CLERK'S ORDER re PLRA Initial Fee directing Sheriff, Benton County to collect from petitioner's prison account an initial partial filing fee of $9.40; 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, Benton County). (tg)
August 19, 2020 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 Erin L. Wiedemann on August 19, 2020. (smg)
August 18, 2020 Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Joshua David Wilson. Motions referred to Erin L. Wiedemann.(lgd)
August 5, 2020 Filing 4 Magistrate Notice/Consent Form Furnished. (tg)
August 5, 2020 Opinion or Order Filing 3 ORDER directing the Clerk to provisionally file the complaint submitted by the Plaintiff. A determination regarding his status as a pauper and service of process will be made at a later time. 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 and ORDER DIRECTING that a Completed IFP be filed.( Completed IFP due by 8/24/2020). Signed by Honorable Erin L. Wiedemann on August 5, 2020. (tg)
August 5, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Joshua David Wilson. Motions referred to Erin L. Wiedemann.(tg)
August 5, 2020 Filing 1 COMPLAINT REFERRED (42:1983) against Robin Green, Shawn Holloway, John Doe Arresting Officers, McClarty Daniel Dealership, Service Department, filed by Joshua David Wilson.(tg)

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Plaintiff: Joshua David Wilson
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Defendant: Sheriff Shawn Holloway
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Defendant: Judge Robin Green
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Defendant: McClarty Daniel Dealership, Service Department
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Defendant: John Doe Arresting Officers
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