Gill v. Grimes Unit et al
| Johnse Desmon Gill |
| Ouachita River Correctional Unit, Grimes Unit, Caterpillar, Inc., Corporal Michael Dean Osborne, Mrs. Doaughtry, Mrs. Armstrong and Dr. Henry |
| 6:2020cv06047 |
| May 4, 2020 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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This docket was last retrieved on December 4, 2020. A more recent docket listing may be available from PACER.
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Filing 12
ORDER ADOPTING #11 REPORT AND RECOMMENDATIONS in toto. Plaintiff's Complaint is hereby DISMISSED WITHOUT PREJUDICE. Signed by Honorable Susan O. Hickey on December 4, 2020. (lw)
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| Filing 11 REPORT AND RECOMMENDATIONS re #8 Amended Complaint, filed by Johnse Desmon Gill. Objections to R&R due by 11/30/2020. Signed by Honorable Barry A. Bryant on November 13, 2020. (jlm) |
| Filing 10 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to Submit an Amended Complaint by September 4, 2020. This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 10/7/2020.. Signed by Honorable Barry A. Bryant on September 16, 2020. (klk) |
| Filing 9 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Amended Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. For this reason, Plaintiff is directed to submit a Second 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 Second 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 is further CAUTIONED that he should not cite legal sources, summarize legal sources, or make legal arguments. Plaintiff is directed to simply and BRIEFLY state the FACTS of what happened, when it happened, who did what, and what injury Plaintiff suffered as a result of any action or inaction. Plaintiff must clearly designate on the face of the document that it is a Second Amended Complaint. The Second 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 Second Amended Complaint supersedes, or takes the place of, all prior Complaints. After amendment, the Court will treat all prior Complaints as nonexistent. Any cause of action that was raised in the any prior Complaint is waived if it is not raised in the Second Amended Complaint. This case shall be subject to dismissal if Plaintiff fails to return the Second Amended Complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 9/4/2020. Signed by Honorable Barry A. Bryant on August 14, 2020. (klk) |
| Filing 8 AMENDED COMPLAINT with Jury Demand as to #1 Complaint Referred (42:1983) against Caterpillar, Inc., Armstrong, Michael Dean Osborne, Doaughtry, Henry Terminating Grimes Unit and Ouachita River Correctional Unit, filed by Johnse Desmon Gill. Related document: #1 Complaint Referred (42:1983) filed by Johnse Desmon Gill.(hnc) (Main Document 8 replaced on 5/11/2020) (hnc). |
| Filing 7 SUPPLEMENT by Plaintiff Johnse Desmon Gill to #1 Complaint Referred (42:1983). (mjm) |
| Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. 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 5/26/2020. Signed by Honorable Barry A. Bryant on May 4, 2020. (klk) |
| Filing 5 CLERK'S ORDER re PLRA Fee directing ADC-Ouachita River Unit 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Fiscal Manager, AR Department of Community Correction). (mjm) (Main Document 5 replaced on 5/4/2020) (mjm). |
| Filing 4 Magistrate Notice/Consent Form. (mjm) |
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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; ORDER DIRECTING that an Amended Complaint be filed.(Amended Complaint due by 5/26/2020). Signed by Honorable Barry A. Bryant on May 4, 2020. (mjm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Johnse Desmon Gill. Motions referred to Barry A. Bryant.(mjm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Caterpillar, Inc., Grimes Unit, Ouachita River Correctional Unit, filed by Johnse Desmon Gill.(mjm) (Main Document 1 replaced on 5/4/2020) (mjm). (Main Document 1 replaced on 5/5/2020) (hnc). |
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