Thomas v. Whisenhut et al
| Rodney Dewayne Thomas |
| Deputy Andrew Whisenhut, Deputy Jeffery Church, Deputy Joseph Burns and Deputy Kelton Turner |
| 5:2020cv05226 |
| December 22, 2020 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Erin L Wiedemann |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 ANSWER to #7 Amended Complaint, with Jury Demand by Joseph Burns, Jeffery Church, Kelton Turner, Andrew Whisenhut.(Thomas, JaNan) |
| Filing 10 SUMMONS Returned Executed by Rodney Dewayne Thomas. Joseph Burns served on 1/27/2021, answer due 2/17/2021; Jeffery Church served on 1/27/2021, answer due 2/17/2021; Kelton Turner served on 1/27/2021, answer due 2/17/2021; Andrew Whisenhut served on 1/27/2021, answer due 2/17/2021. (lgd) |
| Filing 9 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Joseph Burns, Jeffery Church, Kelton Turner, Andrew Whisenhut and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #8 Order Directing Service, #4 Magistrate Notice/Consent Form, #7 Amended Complaint. (src) |
Filing 8
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Joseph Burns, Jeffery Church, Kelton Turner, Andrew Whisenhut and granting 21 days to answer. Signed by Honorable Erin L. Wiedemann on January 11, 2021. (src)
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| Filing 7 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Joseph Burns, Jeffery Church, Andrew Whisenhut, Kelton Turner, filed by Rodney Dewayne Thomas. Related document: #1 Complaint Referred (42:1983) filed by Rodney Dewayne Thomas.(tg) |
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Filing 6
ORDER DIRECTING that an Amended Complaint be filed. Plaintiff has failed to specifically describe the actions taken by each Defendant that resulted in a violation of his federal constitutional rights. Plaintiff is directed to submit an Amended Complaint by January 13, 2021. The Clerk is directed to mail the Plaintiff a court-approved section 1983 form. 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. This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the January 13, 2021, deadline. Signed by Honorable Erin L. Wiedemann on December 28, 2020. (smg)
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| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Sheriff, Washington County to collect from petitioner's prison account an initial partial filing fee of $6.32; 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, Washington County ). (lgd) |
| Filing 4 Magistrate Notice/Consent Form furnished. (lgd) |
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Filing 3
ORDER 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.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. Signed by Honorable Erin L. Wiedemann on December 22, 2020. (lgd)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Rodney Dewayne Thomas. Motions referred to Erin L. Wiedemann.(lgd) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Joseph Burns, Jeffery Church, Kelton Turner, Andrew Whisenhut, filed by Rodney Dewayne Thomas.(lgd) |
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