Ames v. Sharp
| Donald Lesley Ames, Jr. |
| Former Officer James Sharp, Sheriff Shawn Holloway, Parole Officer Emily Ennis, Mark Bernthal, Brenda Marshal, Officer Woods, Justin Wilhite and Megan Rutledge |
| 5:2023cv05167 |
| October 3, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Christy D Comstock |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 10
ORDER ADOPTING #9 Report and Recommendations IN ITS ENTIRETY. Accordingly, the case is DISMISSED pursuant to 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted.The Clerk is directed to place a 1915(g) strike flag on the case for future judicial consideration. Signed by Honorable Timothy L. Brooks on November 28, 2023. (lgd)
|
| Set Deadline: Amended Complaint due by 11/29/2023 per Text Only Order 8.(mll) |
| Filing 9 REPORT AND RECOMMENDATIONS re #7 Amended Complaint filed by Donald Lesley Ames, Jr. Objections to R&R due by 11/27/2023. Signed by Honorable Christy D. Comstock on November 8, 2023. (lgd) |
| Filing 8 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. While Plaintiff has named Former Sheriff Helder as a Defendant, Plaintiff has failed to indicate how he believes Sheriff Helder personally violated his federal constitutional rights. Additionally, Plaintiff does not indicate when he knew he had been given ivermectin. For these reasons, Plaintiff is directed to submit an Amended Complaint by November 29, 2023. 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 29, 2023, deadline.CLERK TO FOLLOW UP. Signed by Honorable Christy D. Comstock on November 8, 2023. (smg) |
| Filing 7 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Shawn Holloway, James Sharp, filed by Donald Lesley Ames, Jr. Related document: #1 Complaint Referred (42:1983) filed by Donald Lesley Ames, Jr..(tg) |
|
Filing 6
ORDER - Severing Case. (tg) Modified on 10/6/2023 (bjb).
|
| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Sheriff, Benton County to collect from petitioner's prison account an initial partial filing fee of $4.90; 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: Sheriff, Benton County Jail). (tg) |
| Filing 4 Magistrate Notice/Consent Form (tg) |
|
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 $350.00 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 and ORDER DIRECTING that an Amended Complaint be filed.( Amended Complaint due by 10/24/2023). Signed by Honorable Timothy L. Brooks on October 3, 2023. (tg)
|
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Donald Lesley Ames, Jr. Motions referred to Christy D. Comstock.(tg) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Mark Bernthal, Emily Ennis, Shawn Holloway, Brenda Marshal, Megan Rutledge, James Sharp, Justin Wilhite, Woods, filed by Donald Lesley Ames, Jr.(tg) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arkansas Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
