Schibline v. Thomas et al
Plaintiff: Nathan Schibline
Defendant: Rodney Dewayne Thomas, Lieutenant Amanda Arnold, Deputy Nolan Ake, Kevin East, Correctional Officer Zimmerman, CPL. Carpenter and Corporal Cody Rex
Case Number: 5:2022cv05226
Filed: November 2, 2022
Court: US District Court for the Western District of Arkansas
Office: Fayetteville Office
Presiding Judge: Timothy L Brooks
Referring Judge: Christy D Comstock
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 27, 2022 Opinion or Order Filing 11 OBJECTION to #10 Report and Recommendations by Nathan Schibline. (tg)
December 14, 2022 Opinion or Order Filing 10 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE re #9 Amended Complaint filed by Nathan Schibline. Objections to R&R due by 1/3/2023. Signed by Honorable Christy D. Comstock on December 14, 2022. (lgd)
November 28, 2022 Opinion or Order Filing 9 AMENDED COMPLAINT with Jury Demand as to #2 Complaint against Cody Rex, Zimmerman, Carpenter, Rodney Dewayne Thomas, filed by Nathan Schibline. Related document: #2 Complaint filed by Nathan Schibline.(lgd)
November 3, 2022 Opinion or Order Filing 8 Magistrate Notice/Consent Form furnished. (lgd)
November 3, 2022 Opinion or Order Filing 7 CLERK'S ORDER re PLRA Initial Fee directing ADC North Central Unit to collect from petitioner's prison account an initial partial filing fee of $7.82; 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (lgd)
November 3, 2022 Opinion or Order Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. In the Complaint, Plaintiff fails to describe how Lieutenant Arnold, Lieutenant Ake, and Lieutenant East violated his federal constitutional rights. To be liable under section 1983 each named Defendant must be personally involved in violating Plaintiff's federal constitutional rights. Plaintiff is directed to submit an Amended Complaint by November 28, 2022. 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 November 28, 2022, deadline. CLERK TO FOLLOW UP. Signed by Honorable Christy D. Comstock on November 3, 2022. (smg)
November 3, 2022 Opinion or Order Filing 5 TEXT ONLY ORDER granting #1 Motion for Leave to Proceed in forma pauperis. Pursuant to the terms of the Prison Litigation Reform Act, the Clerk is directed to collect the $350 filing fee from 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 his 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. Failure to inform the Court of an address change shall result in the dismissal of this case. Signed by Honorable Christy D. Comstock on November 3, 2022. (smg)
November 2, 2022 Opinion or Order Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:22-cv-01061. Docket sheet received.
November 2, 2022 Opinion or Order Filing 3 ORDER directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the Western District of Arkansas. Signed by Magistrate Judge Jerome T. Kearney on 11/2/2022. (ldb) [Transferred from ared on 11/2/2022.]
November 2, 2022 Opinion or Order TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (lgd)
November 1, 2022 Opinion or Order Filing 2 COMPLAINT with Jury Demand against All Defendants filed by Nathan Schibline. (llg) [Transferred from ared on 11/2/2022.]
November 1, 2022 Opinion or Order Filing 1 MOTION for Leave to Proceed in forma pauperis by Nathan Schibline. (llg) [Transferred from ared on 11/2/2022.]

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Plaintiff: Nathan Schibline
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Defendant: Rodney Dewayne Thomas
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Defendant: Lieutenant Amanda Arnold
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Defendant: Deputy Nolan Ake
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Defendant: Kevin East
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Defendant: Correctional Officer Zimmerman
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Defendant: CPL. Carpenter
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Defendant: Corporal Cody Rex
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