Owens v. Samuel et al
| Tommy Owens |
| Major Randall Denzer, Greg Tabor, Major Greg Tabor, Officer #138 Jasmine Samuel, Officer #369 Kevin Luke, Officer #172 Chase Scallon and Gilverto Garcia |
| 5:2024cv05045 |
| February 20, 2024 |
| 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
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| Document Text |
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| Filing 10 REPORT AND RECOMMENDATIONS re #7 Amended Complaint filed by Tommy Owens. Objections to R&R due by 4/22/2024. Signed by Honorable Christy D. Comstock on April 3, 2024. (ria) |
| Filing 9 TEXT ONLY ORDER denying [ECF No. 8] Plaintiff's Motion for Summary Judgment as PREMATURE. The Court has not yet ordered service on the Defendants. Signed by Honorable Christy D. Comstock on March 14, 2024. (smg) Modified on 3/14/2024 to add text(tg). |
| Filing 8 MOTION for Summary Judgment by Tommy Owens. Motions referred to Christy D. Comstock.(tg) |
| Filing 7 AMENDED COMPLAINT against Jasmine Samuel, Kevin Luke, Gilverto Garcia, Chase Scallon, filed by Tommy Owens.(lgd) Modified text on 3/11/2024 (lgd). |
| Set Deadlines: Amended Complaint due by 3/19/2024 (lgd) |
| Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. The Complaint is deficient in two respects. First, Plaintiff has failed to state how he was injured by the conditions under which he has been confined at the Washington County Detention Center. Second, as relief Plaintiff seeks to be released from jail and to have all his seized property returned to him or compensation for the same, this type of relief is not available under a section 1983 claim. For these reasons, Plaintiff is directed to submit an Amended Complaint by March 19, 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 March 19, 2024, deadline.CLERK TO FOLLOW UP. Signed by Honorable Christy D. Comstock on February 27, 2024. (smg) |
| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Washington County Detention Center to collect from petitioner's prison account an initial partial filing fee of $3.60; 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: Washington County Jail). (bjb) (Main Document 5 replaced on 2/21/2024) (bjb). |
| Filing 4 Magistrate Notice/Consent Form (bjb) |
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 20, 2024. (bjb)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Tommy Owens. Motions referred to Christy D. Comstock.(bjb) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Randall Denzer, Greg Tabor, filed by Tommy Owens.(bjb) |
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