Kruel v. John Doe, et al
| Justin Kadeem Kruel |
| Detective Joshua Smith, Nathan Smith, Benton County Sheriff's Department, Ashley Halsey, Judge Robin Greene, John Doe Corrections Officers and John Doe Deputies |
| 5:2024cv05016 |
| January 18, 2024 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Christy D Comstock |
| Mark E Ford |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 8
ORDER ADOPTING REPORT AND RECOMMENDATIONS #6 IN ITS ENTIRETY; Dismissing all claims against Smith; Greene; Halsey, Benton County Sheriff's Department. (See Order for Specifics) Signed by Honorable Timothy L. Brooks on March 13, 2024. (lgd) Modified text on 3/13/2024 (lgd).
|
| Filing 7 TEXT ONLY ORDER. Plaintiff is directed to submit an Amended Complaint by March 15, 2024, asserting only his claims against the John Doe Corrections Officers and John Doe Deputies of the Benton County Detention Center. Plaintiff is advised that section 1983 requires personal liability. That is, a Defendant is liable for only his own misconduct. The misconduct must have resulted in the violation of the Plaintiff's constitutional rights. The Court cannot serve a Complaint if the Plaintiff fails to identify the individual officers who violated his federal constitutional rights. 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. This case shall be subject to dismissal if Plaintiff fails to return the Amended Complaint to the Court by the March 15, 2024, deadline. Signed by Honorable Christy D. Comstock on February 23, 2024. (smg) |
| Set Deadlines: Amended Complaint due by 3/15/2024 (lgd) |
| Filing 6 REPORT AND RECOMMENDATIONS re #1 Complaint Referred (42:1983) filed by Justin Kadeem Kruel. Objections to R&R due by 3/11/2024. Signed by Honorable Christy D. Comstock on February 22, 2024. (tg) |
| TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Mark E. Ford no longer assigned to the case. (hnc) |
| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Benton County Detention Center to collect from petitioner's prison account an initial partial filing fee of $10; 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: Benton County Detention Center). (lgd) |
| Filing 4 Magistrate Notice/Consent Form furnished. (lgd) |
|
Filing 3
ORDER directing the Clerk to file the in forma pauperis (IFP) application and complaint submitted by the Plaintiff; 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. Signed by Honorable Christy D. Comstock on January 18, 2024. (lgd)
|
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Justin Kadeem Kruel. Motions referred to Mark E. Ford.(lgd) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Benton County Sheriff's Department, Robin Greene, Ashley Halsey, John Doe Corrections Officers, John Doe Deputies, Joshua Smith, Nathan Smith, filed by Justin Kadeem Kruel.(lgd) |
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.
