Stompingbear v. Reed et al
| Happy Stompingbear |
| John Does, 2-4, Larry Reed, Co. Pritchard and John Does, 1-7 |
| 6:2018cv06114 |
| November 15, 2018 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| P K Holmes |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2021. A more recent docket listing may be available from PACER.
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Filing 14
ORDER denying #8 MOTION for Temporary Injunction filed by Happy Stompingbear. Signed by Honorable P. K. Holmes, III on December 7, 2018. (hnc)
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Filing 13
CLERK'S ORDER re PLRA Initial Fee directing ADC-Ouachita River Unit to collect from petitioner's prison account an initial partial filing fee of $1.62; 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (hnc)
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Filing 12
TEXT ONLY ORDER denying #9 Motion to Preserve Evidence as PREMATURE as this case has not yet been screened or served.. Signed by Honorable Barry A. Bryant on December 4, 2018. (klk)
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Filing 11
TEXT ONLY ORDER denying #7 Motion to Appoint Counsel. A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action but the Court may appoint counsel at its discretion. 28 U.S.C. 1915(e)(1). The Court has considered the need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual and legal complexity of the case, and whether Plaintiff has the ability to investigate and present this case. In considering these factors, the Court finds that the claims do not appear legally or factually complex, and Plaintiff is adequately prosecuting this case at this time. The Court finds Plaintiff is capable of prosecuting his claims without appointed counsel. At a later stage in the case, Plaintiff may again request appointment of counsel if Plaintiff believes the circumstances justify such an appointment. Signed by Honorable Barry A. Bryant on December 4, 2018. (klk)
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Filing 10
TEXT ONLY ORDER granting #6 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 Barry A. Bryant on December 4, 2018. (klk)
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Filing 9
MOTION to Preserve Evidence by Happy Stompingbear. Motions referred to Barry A. Bryant.(hnc)
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Filing 8
MOTION for Temporary Injunction by Happy Stompingbear. Motions referred to Barry A. Bryant.(hnc)
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Filing 7
MOTION to Appoint Counsel by Happy Stompingbear. Motions referred to Barry A. Bryant.(hnc)
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Filing 6
MOTION for Leave to Proceed in forma pauperis (42:1983) by Happy Stompingbear. Motions referred to Barry A. Bryant.(hnc)
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Filing 5
AMENDED COMPLAINT as to #1 Complaint Referred (42:1983), against Pritchard, John Does 1-7, Larry Reed, filed by Happy Stompingbear. Related document: #1 Complaint Referred (42:1983), filed by Happy Stompingbear.(hnc)
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Filing 4
TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff did not submit the complaint on the court-approved form for this District. For this reason, Plaintiff is directed to submit an Amended Complaint within 21 days of the date of this Order. The Clerk is directed to mail the Plaintiff a court-approved 1983 form.In the Amended Complaint, Plaintiff must write short, plain statements telling the Court: the constitutional right Plaintiff believes was violated;the name of the Defendant who violated the right;exactly what the Defendant did or failed to do;how the action or inaction of that Defendant is connected to the violation of the constitutional rights;and what specific injury Plaintiff suffered because of the misconduct of that Defendant. 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 so, the allegations against that Defendant will be dismissed for failure to state a claim.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. You may not refer back to 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 deadline. CLERK TO FOLLOW UP Amended Complaint due by 12/6/2018. Signed by Honorable Barry A. Bryant on November 15, 2018. (klk)
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Filing 3
TEXT ONLY ORDER REGARDING In Forma Pauperis Application. Plaintiff failed to submit an in forma pauperis (IFP) application or the filing fee with his Complaint. For this reason, the Clerk is directed to send Plaintiff a blank Prisoner IFP Application. Plaintiff is given 21 days from the date of this Order to either have the certificate portion of the IFP application completed by the appropriate detention center official and return the application to the Court for review and filing or pay the 350.00 dollar filing fee and 50.00 dollar administrative fee, a total of 400.00 dollars. This case shall be subject to dismissal for failure to obey an order of the Court if Plaintiff fails to return the completed IFP application or pay the 400.00 dollar filing fee by the deadline. CLERK TO FOLLOW UP Completed IFP due by 12/6/2018 Plaintiff is further 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.. Signed by Honorable Barry A. Bryant on November 15, 2018. (klk)
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Filing 2
Magistrate Notice/Consent Form (hnc)
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Filing 1
COMPLAINT REFERRED (42:1983) against John Does, 2-4, Pritchard, Larry Reed, filed by Happy Stompingbear. This Complaint was filed per chambers after Order 13 was entered on related case 18-6105. The Order directs this complaint to be Stricken from related case and filed as a new case. (hnc) (Additional attachment(s) added on 11/15/2018: #1 Attachment: Order 13 from case 18cv6105) (hnc).
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