Ward v. Karas Correctional Health, et al
| John David Ward |
| Dr. Robert Karas, Karas Correctional Health, Former Sheriff Tim Helder and Nurse Earl Hinely |
| 5:2024cv05007 |
| January 12, 2024 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Mark E Ford |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 12 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Tim Helder, Earl Hinely, Karas Correctional Health and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #10 Amended Complaint, #11 Order Directing Service, #4 Magistrate Notice/Consent Form. (bjb) |
Filing 11
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Tim Helder, Earl Hinely, Karas Correctional Health and granting 21 days to answer. Signed by Honorable Mark E. Ford on March 4, 2024. (cc: U.S. Marshals Service-Certified).(bjb)
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| Filing 10 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Tim Helder, Karas Correctional Health, Earl Hinely, filed by John David Ward, Robert Karas terminated. Related document: #1 Complaint Referred (42:1983) filed by John David Ward.(tg) Modified on 3/6/2024 to edit text(tg). |
| Filing 9 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order (ECF No. 8) directing Plaintiff to file an Amended Complaint by February 26, 2024. This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by March 21, 2024. Signed by Honorable Mark E. Ford on February 29, 2024. (smg) |
| Set Deadline: Amended Complaint due by 2/26/2024 (bjb) |
| Filing 8 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. In his Complaint, Plaintiff failed to allege how Nurse Hinely or Former Sheriff Helder were personally responsible for the alleged violations of his federal constitutional rights. For this reason, Plaintiff is directed to submit an Amended Complaint by February 26, 2024. 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 February 26, 2024, deadline. CLERK TO FOLLOW UP. Signed by Honorable Mark E. Ford on February 5, 2024. (smg) |
| Filing 7 CLERK'S ORDER re PLRA Initial Fee directing Sheriff, Washington County Jail to collect from petitioner's prison account an initial partial filing fee of $78.82; 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: Washington County Detention Center). (lgd) |
| Filing 6 TEXT ONLY ORDER granting [ECF No. 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. Additionally, the Clerk is directed to terminate the first motion to proceed IFP [ECF No. 2]. Signed by Honorable Mark E. Ford on February 1, 2024. (smg) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by John David Ward. Motions referred to Mark E. Ford.(bjb) |
| Filing 4 Magistrate Notice/Consent Form (bjb) |
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Filing 3
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: Certificate of Account. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 2/2/2024. Signed by Honorable Christy D. Comstock on January 12, 2024. (bjb)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by John David Ward. Motions referred to Mark E. Ford.(bjb) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Tim Helder, Earl Hinely, Robert Karas, Karas Correctional Health, filed by John David Ward.(bjb) |
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