Smith v. Kamel et al
| Henry Smith |
| Dr. Hosam Kamel and Brendalyn Jacob |
| 6:2019cv06089 |
| July 29, 2019 |
| US District Court for the Western District of Arkansas |
| Robert T Dawson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 13 AMENDED COMPLAINT with Jury Demand against Brendalyn Jacob, Hosam Kamel, filed by Henry Smith.(lw) |
| Filing 12 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. Review of Plaintiff's August 26, 2019,(ECF No. 11)submission indicates he provided a two-paragraph Motion to Amend his Complaint. This Motion is DENIED. Plaintiff did not submit an Amended Complaint on the court-approved form for this District as previously directed in ECF No. 8. 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 9/27/2019. Signed by Honorable Barry A. Bryant on September 6, 2019. (klk) |
| Filing 11 AMENDED COMPLAINT as to #1 Complaint against Brendalyn Jacob, Hosam Kamel, filed by Henry Smith. Related document: #1 Complaint filed by Henry Smith.(mjm) |
| Filing 10 CLERK'S ORDER re PLRA Initial Fee directing Forrest City Medium to collect from petitioner's prison account an initial partial filing fee of $36.57; 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). (lw) |
| Filing 9 TEXT ONLY ORDER granting #5 Motion to Amend/Correct has been GRANTED in ECF No. 8.. Signed by Honorable Barry A. Bryant on August 13, 2019. (klk) |
| Filing 8 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 9/3/2019. Signed by Honorable Barry A. Bryant on August 13, 2019. (klk) |
| Filing 7 TEXT ONLY ORDER granting #6 Motion for Leave to Proceed in forma pauperis. Pursuant to the provisions of the Prison Litigation Reform Act, the clerk is directed to collect the $350.00 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, he shall have 30 days from the date of transfer in which to notify the Court of his 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. Plaintiffs case shall be subject to dismissal if he fails to inform the Court of an address change.. Signed by Honorable Barry A. Bryant on August 13, 2019. (klk) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Henry Smith. (lw) |
| Filing 5 MOTION to Amend #1 Complaint by Henry Smith. (lw) |
| MOTIONS REFERRED to Honorable Barry A. Bryant: #6 MOTION for Leave to Proceed in forma pauperis and #5 MOTION to Amend #1 Complaint filed by Henry Smith. Motions referred to Honorable Barry A. Bryant.(lw) |
| Filing 4 Magistrate Notice/Consent Form (hnc) |
Filing 3
ORDER that the matter has been provisionally filed as the undersigned finds that additional information is needed to rule on Plaintiff's IFP application. Specifically the Court requires the following information: Completed IFP. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 8/19/2019. Signed by Honorable Barry A. Bryant on July 29, 2019. (hnc)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Henry Smith. (hnc) |
| Filing 1 COMPLAINT with Jury Demand against Brendalyn Jacob, Hosam Kamel, filed by Henry Smith.(hnc) |
| MOTIONS REFERRED to Honorable Barry A. Bryant: #2 MOTION for Leave to Proceed in forma pauperis filed by Henry Smith. (hnc) |
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