Ray v. Graham et al
Plaintiff: Frank Earl Ray
Defendant: Nevada County, AR and Deputy Graham
Case Number: 6:2019cv06084
Filed: July 15, 2019
Court: US District Court for the Western District of Arkansas
Office: Hot Springs Office
Presiding Judge: Mark E Ford
Referring Judge: Susan O Hickey
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 10, 2019 Opinion or Order Filing 11 ORDER ADOPTING in toto #10 Report and Recommendations. Plaintiff's Complaint is hereby DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on September 10, 2019. (mjm)
August 21, 2019 Filing 10 REPORT AND RECOMMENDATIONS re #2 Complaint filed by Frank Earl Ray. Objections to R&R due by 9/9/2019. Signed by Honorable Mark E. Ford on August 21, 2019. (mjm)
August 5, 2019 Filing 9 Mail Returned as Undeliverable marked Not Deliverable as addressed. Mail originally sent to Frank Earl Ray at Route 2 Box 87111, Amity, AR 71921 including 7 TEXT ONLY Order Regarding Complaint Deficiency 6 TEXT ONLY Order Regarding IFP Application-Deficient or Renew and blank 1983/IFP forms. Resent to Garland County Jail. (hnc)
July 22, 2019 Filing 8 Mail Returned as Undeliverable marked Insufficient address. Mail originally sent to Frank Earl Ray at Route 2 Box 87111, Amity, AR 71921 including Notice re Complaint 42:1983, 7 Order Regarding Complaint Deficiency - TEXT ONLY, Motions Referred, #4 Case Transferred In - District Transfer, 6 Order Regarding IFP Application-Deficient or Renew - TEXT ONLY, Staff Notes, #5 Magistrate Notice/Consent Form. Resent to Garland County Detention Center, located on Complaint from EDAR. (lw)
July 16, 2019 Filing 7 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 8/6/2019. Signed by Honorable Mark E. Ford on July 16, 2019. (klk)
July 16, 2019 Filing 6 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, he failed to have the certification regarding inmate funds held in his name completed for the IFP application. Additionally, Plaintiff indicated he received rent, dividends or other income, and disability payments, but did not provide the required information about those sources of income. For these reasons, 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 8/6/2019. Signed by Honorable Mark E. Ford on July 16, 2019. (klk)
July 15, 2019 Filing 5 Magistrate Notice/Consent Form. (lw) (Main Document 5 replaced on 7/16/2019) (hnc).
July 15, 2019 MOTIONS REFERRED to Honorable Mark E. Ford: #1 MOTION for Leave to Proceed in forma pauperis filed by Frank Earl Ray. Motions referred to Honorable Mark E. Ford.(lw)
July 15, 2019 TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (lw)
July 15, 2019 Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:19-cv-00481. Docket sheet received.
July 15, 2019 Opinion or Order Filing 3 ORDER directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the United States District Court for the Western District of Arkansas. Signed by Judge James M. Moody Jr. on 7/15/2019. (ljb) [Transferred from ared on 7/15/2019.]
July 10, 2019 Filing 2 COMPLAINT against All Defendants filed by Frank Earl Ray. (ljb) [Transferred from ared on 7/15/2019.]
July 10, 2019 Filing 1 MOTION for Leave to Proceed in forma pauperis by Frank Earl Ray. (ljb) [Transferred from ared on 7/15/2019.]

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Defendant: Nevada County, AR
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Defendant: Deputy Graham
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Plaintiff: Frank Earl Ray
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