Nicholas v. Madison County Sheriff's Department et al
Gregg Nicholas |
Sheriff Rick Evans, Madison County Sheriff's Department and Madison County |
5:2021cv05104 |
June 8, 2021 |
US District Court for the Western District of Arkansas |
Timothy L Brooks |
Mark E Ford |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 |
None |
Docket Report
This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District. In addition, Plaintiff has named the Madison County Sheriff's Department as a Defendant. The Sheriff's Department is not an entity subject to suit. Ketchum v. City of West Memphis, Ark., 974 F.2d 81, 82 (8th Cir. 1992) (stating that departments or subdivisions of local government are not juridical entities suable as such); De La Garza v. Kandiyohi Cty. Jail, 18 F. Appx 436, 437 (8th Cir. 2001) (affirming district court dismissal of county jail and sheriffs department as parties because they are not suable entities). For these reasons, 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. This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the deadline. The Clerk is DIRECTED to substitute Madison County in place of the Madison County Sheriff's Department as a Defendant. CLERK TO FOLLOW UP Amended Complaint due by 8/9/2021. Signed by Honorable Mark E. Ford on July 19, 2021. (mlf) |
Filing 7 CLERK'S ORDER re PLRA Initial Fee directing Warden, Leavenworth U.S. Penitentiary to collect from petitioner's prison account an initial partial filing fee of $120.15; 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: Warden, Leavenworth U.S. Penitentiary). (tg) |
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 Mark E. Ford on July 19, 2021. (mlf) |
Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Gregg Nicholas. Motions referred to Mark E. Ford.(lgd) |
Filing 4 Mail Returned as Undeliverable marked RTS Unable to Forward. Mail originally sent to Gregg Nicholas at Leavenworth, KS including #2 Order Provisionally Filing Complaint, #1 Complaint Referred (42:1983) filed by Gregg Nicholas, #3 Magistrate Notice/Consent Form. Mail resent to Plaintiff with prisoner number. (tg) Modified on 7/1/2021 (tg). |
Filing 3 Magistrate Notice/Consent Form furnished. (lgd) |
Filing 2 ORDER that the matter has been provisionally filed as the undersigned finds that additional information is needed to rule on Plaintiff's IFP application. Specifically the Court requires the following information: completed IFP. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 6/29/2021. Signed by Honorable Christy D. Comstock on June 8, 2021. (lgd) |
Filing 1 COMPLAINT REFERRED (42:1983) against Madison County Sheriff's Department, Sheriff Rick Evans, filed by Gregg Nicholas.(lgd) |
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