Deckard v. Rutledge, et al
| Frankie Doyle Deckard, Jr. |
| John and Jane Doe Staff Members, Deputy Megan Rutledge, Lieutenant Tyler Ross, Sgt Kenneth Cogdill and Lieutenant Greg Hobbleman |
| 5:2023cv05028 |
| February 23, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Christy D Comstock |
| Mark E Ford |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Kenneth Cogdill, Greg Hobbleman, Tyler Ross, Megan Rutledge and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #12 Amended Complaint, #5 Magistrate Notice/Consent Form, #13 Order Directing Service. (bjb) |
Filing 13
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Kenneth Cogdill, Greg Hobbleman, Tyler Ross, Megan Rutledge and granting 21 days to answer. Signed by Honorable Mark E. Ford on April 11, 2023. (cc: U.S. Marshals Service-Certified).(bjb)
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| Filing 12 AMENDED COMPLAINT with Jury Demand against Tyler Ross, Kenneth Cogdill, Megan Rutledge, Greg Hobbleman, filed by Frankie Doyle Deckard, Jr.(bjb) |
| Filing 11 TEXT ONLY ORDER. On March 22, 2023, an Order (ECF No. 8) was entered directing Plaintiff to file an Amended Complaint by April 7, 2023. This Order was returned as undeliverable on March 27, 2023. On March 29, 2023, Plaintiff provided the Court with his new address and the Order was resent.Plaintiff is therefore given an extension of time to file his Amended Complaint. The Amended Complaint is due by May 3, 2023. Signed by Honorable Mark E. Ford on April 10, 2023. (smg) |
| Filing 10 NOTICE of Change of Address for Frankie Doyle Deckard, Jr. Documents that have previously been returned are being resent including 8 Order. (bjb) |
| Filing 9 Mail Returned as Undeliverable marked RTS - Not at Facility. Mail originally sent to Frankie Doyle Deckard, Jr. at Washington County Jail including 8 TEXT ONLY ORDER. No new address available. New Address due by 4/26/2023. (bjb) |
| Filing 8 TEXT ONLY ORDER. By Order (ECF No. 3) entered on February 23, 2023, Plaintiff was directed to file an Amended Complaint by March 16, 2023. Today, Plaintiff filed a supplement to his complaint (ECF No. 7). The supplement does not comply with the Court Order (ECF No. 3). Plaintiff is directed to submit an Amended Complaint by April 7, 2023. The Clerk is directed to mail the Plaintiff a court-approved section 1983 form. Plaintiff must submit his Amended Complaint on this 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 April 7, 2023, deadline. Signed by Honorable Mark E. Ford on March 22, 2023. (smg) |
| Filing 7 SUPPLEMENT to #1 Complaint Referred (42:1983) by Plaintiff Frankie Doyle Deckard, Jr. (lgd) |
| Filing 6 NOTICE of Change of Address to Washington County Jail for Frankie Deckard.. There are no documents to resend. (tmc) Modified on 3/1/2023 (tmc). |
| TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Mark E. Ford. Honorable Christy D. Comstock no longer assigned to the case. (tmc) |
| Filing 5 Magistrate Notice/Consent Form (bjb) |
| Filing 4 CLERK'S ORDER re PLRA Initial Fee directing Benton County Jail to collect from petitioner's prison account an initial partial filing fee of $34.07; 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: Benton County Jail). (bjb) |
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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 $ 350.00. Signed by Honorable Christy D. Comstock on February 23, 2023. (bjb)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Frankie Doyle Deckard, Jr. Motions referred to Christy D. Comstock.(bjb) |
| Filing 1 COMPLAINT REFERRED (42:1983) against John and Jane Doe Staff Members, filed by Frankie Doyle Deckard, Jr.(bjb) |
| Amended Complaint due by 3/16/2023 (bjb) |
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