Cadwallader v. Karas et al
| David Clarkson Cadwallader |
| Nurse Kellie Hinely, Sheriff Jay Cantrell, John Karas, Tom Mulvaney, Jordan Pravenas and Jake Smothers |
| 5:2024cv05107 |
| May 16, 2024 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Mark E Ford |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 10, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 SUMMONS Returned Executed Jay Cantrell served on 7/1/2024, answer due 7/22/2024; Kellie Hinely served on 7/1/2024, answer due 7/22/2024; John Karas served on 7/1/2024, answer due 7/22/2024; Tom Mulvaney served on 7/1/2024, answer due 7/22/2024; Jordan Pravenas served on 7/1/2024, answer due 7/22/2024; Jake Smothers served on 7/1/2024, answer due 7/22/2024. (bjb) |
| Filing 11 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Reissued as to Kellie Hinely and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #5 Magistrate Notice/Consent Form, #7 Amended Complaint, #9 Order Directing Service. (ria) |
| Filing 10 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Jay Cantrell, Kellie Hinley, John Karas, Tom Mulvaney, Jordan Pravenas, Jake Smothers and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #5 Magistrate Notice/Consent Form, #7 Amended Complaint, #9 Order Directing Service. (ria) |
Filing 9
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Jay Cantrell, Kellie Hinely, John Karas, Tom Mulvaney, Jordan Pravenas, Jake Smothers and granting 21 days to answer. Signed by Honorable Mark E. Ford on June 4, 2024. (cc: U.S. Marshals Service-Certified).(ria)
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| Filing 8 TEXT ONLY ORDER Directing the Clerk to change the style of the case and the case participant name to reflect the correct name of the Defendant as set forth in the [ECF No. 7] Amended Complaint. The name of Defendant Nurse Kelly Hinely should be changed to Nurse Kellie Hinely, and the name of Defendant Jake Smathers should be changed to Jake Smothers. CLERK TO FOLLOW UP. Signed by Honorable Mark E. Ford on June 4, 2024. (smg) |
| Filing 7 AMENDED COMPLAINT with Jury Demand as to #1 Complaint Referred (42:1983) against Jake Smathers, Kelly Hinely, Tom Mulvaney, John Karas, Jay Cantrell, Jordan Pravenas, filed by David Clarkson Cadwallader. Related document: #1 Complaint Referred (42:1983) filed by David Clarkson Cadwallader.(lgd) |
| Set/Reset Deadlines: Amended Complaint due by 6/13/2024. (ria) |
| Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. Plaintiff has named eight separate individuals as Defendants. However, Plaintiff has failed to state how each Defendant personally violated his federal constitutional rights. For this reason, Plaintiff is directed to submit an Amended Complaint by June 13, 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 June 13, 2024, deadline. CLERK TO FOLLOW UP. Signed by Honorable Mark E. Ford on May 23, 2024. (smg) |
| Filing 5 Magistrate Notice/Consent Form (ria) |
| Filing 4 CLERK'S ORDER re PLRA Fee directing Washington 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: Washington County Detention Center). (ria) (Main Document 4 replaced on 5/17/2024) (ria). |
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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 May 16, 2024. (ria)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by David Cadwallader. Motions referred to Mark E. Ford.(ria) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Jay Cantrell, Kelly Hinely, John Karas, Karas Correctional Health, Justyn McEntire, Tom Mulvaney, and Jordan Pravenas, filed by David Cadwallader.(ria) |
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