Kaiser v. Gage et al
| Roy Joe Kaiser and Big Bro |
| Captain Gage, Deputy Nicolas Guerrero, John Doe Deputy, Deputy Kelly, Deputy Lee, Deputy Weinerhold, Weinman or Worman, Lieutenant Ross, Lieutenant Banta and Lieutenant Hobbleman |
| 5:2023cv05117 |
| July 13, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Christy D Comstock |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 20 SUMMONS Returned Executed Gage served on 8/21/2023, answer due 9/11/2023. (lgd) |
Filing 19
ORDER denying #18 Motion for an Extension for submission of amendment. Signed by Honorable Christy D. Comstock on August 16, 2023. (tg)
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| Filing 18 MOTION for miscellaneous relief by Roy Joe Kaiser. Motions referred to Christy D. Comstock.(lgd) |
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Filing 17
ORDER DENYING #12 MOTION Requesting information, #13 MOTION to Appoint Counsel and DENYING AS MOOT #14 MOTION to Suppress. Copy of Prisoner Litigation Guide sent to Plaintff. Signed by Honorable Christy D. Comstock on August 9, 2023. (tg)
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| Filing 16 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Gage and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #15 Order Directing Service, #11 Amended Complaint, #4 Magistrate Notice/Consent Form. (bjb) |
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Filing 15
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Captain Gage and granting 21 days to answer. Signed by Honorable Christy D. Comstock on August 8, 2023. (cc: U.S. Marshals Service-Certified).(bjb)
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| Filing 14 MOTION to Suppress by Roy Joe Kaiser. Motions referred to Christy D. Comstock.(lgd) |
| Filing 13 MOTION to Appoint Counsel by Roy Joe Kaiser. Motions referred to Christy D. Comstock.(lgd) |
| Filing 12 MOTION Requesting information by Roy Joe Kaiser. Motions referred to Christy D. Comstock.(lgd) |
| Filing 11 AMENDED COMPLAINT with Jury Demand as to #1 Complaint Referred (42:1983) against John Doe Deputy, Captain Gage, Terminating Hobbleman (BCDC), Kelly (BCDC), Lee (BCDC), Ross (BCDC), Weinerhold, Weinman or Worman (BDCD), Banta (BCDC) and Nicolas Guerrero (BCDC), filed by Roy Joe Kaiser. Related document: #1 Complaint Referred (42:1983) filed by Roy Joe Kaiser.(lgd) |
| Filing 10 TEXT ONLY ORDER granting [ECF No. 9] Motion to file a Second Amended Complaint. Plaintiff's Second Amended Complaint is due by no later than 8/15/2023. Failure to comply with this Order shall result in the dismissal of this case. The Clerk is directed to mail the Plaintiff a court-approved section 1983 form. In the Second 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 Second Amended Complaint. The Second Amended Complaint must be retyped or rewritten in its entirety on the court-approved form. Plaintiff may not incorporate any part of the First Amended Complaint. A Second Amended Complaint supersedes, or takes the place of, the original Complaint. After amendment, the Court will treat the First Amended Complaint as nonexistent. Any cause of action that was raised in the First Amended Complaint is waived if it is not raised in the Second Amended Complaint. Plaintiff also mentions needing the appointment of counsel and access to the law library. Plaintiff is advised that an Amended Complaint should consist of his factual allegations regarding the events he contends resulted in the violation of his constitutional rights. Plaintiff need not cite any law. Further, it is too early in the case for the Court to consider appointment of counsel. The Court has not even determined whether the Amended Complaint should be served on the Defendants. At a later stage in this litigation, Plaintiff may file a motion for appointment of counsel. Signed by Honorable Christy D. Comstock on July 25, 2023. (smg) |
| Filing 9 MOTION to Amend #6 Amended Complaint by Roy Joe Kaiser. Motions referred to Christy D. Comstock.(tg) |
| Filing 8 CLERK'S ORDER re PLRA Fee directing Benton County Jail to collect from petitioner's prison account monthly payments 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) |
| Filing 7 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 Christy D. Comstock on July 24, 2023. (smg) |
| Filing 6 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Roy Joe Kaiser.(bjb) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Roy Joe Kaiser. Motions referred to Christy D. Comstock.(bjb) |
| Filing 4 Magistrate Notice/Consent Form Furnished. (tg) |
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Filing 3
ORDER directing the Clerk to 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, ORDER DIRECTING that a Completed IFP be filed.( Completed IFP due by 8/3/2023). Signed by Honorable Christy D. Comstock on July 13, 2023. (tg)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Roy Joe Kaiser. Motions referred to Christy D. Comstock.(tg) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Banta, Gage, Nicolas Guerrero, Hobbleman, John Doe Deputy, Kelly, Lee, Ross, Weinerhold, Weinman or Worman, filed by Roy Joe Kaiser.(tg) |
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