Banks v. Branstetter et al
| Dadrain Dantwone Banks |
| Sergeant Branstetter, Lieutenant Jamison, Sheriff McCormack, Captain Halverson, Deputy Fluckerson, Corporal York, Deputy Blunkel, Deputy Wunderlin, John or Jane Doe Deputies, John or Jane Doe Medical Staff, Deputy Tilly, Deputy Harrell, Corporal Burgett, Corporal Couch, Corporal Sowell, Deputy Wilcut, Sergeant Mann, Lieutenant Ansley, Captain Cosgrove, Deputy Cooper, Deputy Killin, Corporal Hall and Deputy Tompson |
| 6:2020cv06110 |
| September 24, 2020 |
| US District Court for the Western District of Arkansas |
| Robert T Dawson |
| Mark E Ford |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 Mail Returned as Undeliverable marked Unable to Forward. Mail originally sent to Dadrain Banks at Garland County Detention Center 3564 Albert Pike Road Hot Springs, AR. 71913 including #13 Order Directing Pleading to be Filed. No new address available. New Address due by 12/4/2020. (jlm) |
| Filing 16 CLERK'S ORDER re PLRA Initial Fee directing Garland County Detention Center to collect from petitioner's prison account an initial partial filing fee of $34.00; 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: Garland County Detention Center). (mjm) |
| Filing 15 TEXT ONLY ORDER granting #12 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 Mark E. Ford on November 3, 2020. (klk) |
| Filing 14 RESPONSE by McCormack re #13 Order Directing Pleading to be Filed, . (Attachments: #1 Exhibit No. A - Certificate of Inmate Account & Assets, #2 Exhibit No. B - Resident Account Statement)(Hollowell, Melissa) |
| CERTIFIED MAIL, WITH RETURN RECEIPT ATTACHED, DELIVERED TO U.S. POSTAL SERVICE, for service of #13 Order Directing Pleading to be Filed, along with a blank IFP application, as to Sheriff McCormick, Garland County Sheriff's Office using Certified Mail Article number 70132630000168617517. (mjm) |
Filing 13
ORDER DIRECTING Sheriff McCormick to complete, sign and return the inmate funds certificate portion of the IFP application. Document due in Response to Order by 11/9/2020. Signed by Honorable Mark E. Ford on October 26, 2020. (mjm) Modified Judge Association on 10/26/2020 (hnc).
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| Filing 12 COMPLETED MOTION for Leave to Proceed in forma pauperis (42:1983) by Dadrain Dantwone Banks. Motions referred to Mark E. Ford.(mjm) |
| Filing 11 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983), against McCormack, Couch, Harrell, Branstetter, Tompson, Cooper, John or Jane Doe Deputies, Burgett, Wunderlin, Killin, Hall, York, Tilly, Mann, John or Jane Doe Medical Staff, Sowell, Ansley, Halverson, Jamison, Wilcut, Fluckerson, Cosgrove, Blunkel, filed by Dadrain Dantwone Banks. Related document: #1 Complaint Referred (42:1983), filed by Dadrain Dantwone Banks.(mjm) |
| Filing 10 Mail Returned as Undeliverable marked Wrong Address. including 5 Order Regarding IFP Application-Deficient or Renew - TEXT ONLY and 6 Order Regarding Complaint Deficiency - TEXT ONLY. Document resent to correct address. (lw) |
| Filing 9 TEXT ONLY ORDER denying #7 Motion for Summary Judgment as PREMATURE. Plaintiff is DIRECTED to file no further motions or other documents until the case has been served on Defendants. The Clerk is DIRECTED to return any documents submitted by Plaintiff prior to the entry of a service order. Signed by Honorable Mark E. Ford on October 22, 2020. (klk) Modified on 10/22/2020 to edit text (mjm). |
| Filing 8 NOTICE to the Court by Dadrain Dantwone Banks. (lw) |
| Filing 7 MOTION for Summary Judgment by Dadrain Dantwone Banks. Motions referred to Mark E. Ford.(lw) |
| Filing 6 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. The Federal Rules of Civil Procedure require pleadings to be signed by a party or the attorney representing that party. Pursuant to Rule 11: [t]he court must strike an unsigned paper unless the omission is promptly corrected after being called to the attention of an attorney or party. Accordingly, the Clerk is DIRECTED to return a copy of the Complaint to the Plaintiff for his signature. Plaintiff is DIRECTED to sign and date the complaint and return it to the Court within 14 days from the entry of this order. The case shall be subject to dismissal if the Plaintiff fails to return the dated and signed complaint to the Court by the deadline. CLERK TO FOLLOW UP Amended Complaint due by 10/13/2020. Signed by Honorable Mark E. Ford on September 28, 2020. (klk) |
| Filing 5 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, he left the section concerning his gross income or wages blank, and he failed to have the certification regarding inmate funds held in his name completed for the IFP application. 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 10/19/2020. Signed by Honorable Mark E. Ford on September 28, 2020. (klk) |
| Filing 4 Magistrate Notice/Consent Form. (mjm) |
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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: Signed certificate of account. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Further, DIRECTING that an Amended Complaint be filed.(Amended Complaint due by 10/16/2020) Completed IFP due by 10/16/2020. Signed by Honorable Barry A. Bryant on September 24, 2020. (mjm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Dadrain Dantwone Banks. Motions referred to Mark E. Ford.(mjm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Blunkel, Branstetter, John or Jane Doe Deputies, John or Jane Doe Medical Staff, Fluckerson, Killin, Halverson, Harrell, Jamison, McCormack, Tilly, Wunderlin, York, filed by Dadrain Dantwone Banks.(mjm) Modified on 9/25/2020 to add defendant name (mjm). |
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