Banks v. McCormick et al

Plaintiff: Dadrain Dantwone Banks
Defendant: Sheriff Mike McCormick, John and Jane Does, Corporal Tosh, Lieutenant Severns and Corporal Jones
Case Number: 6:2020cv06134
Filed: November 17, 2020
Court: US District Court for the Western District of Arkansas
Presiding Judge: Barry A Bryant
Referring Judge: Robert T Dawson
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2021 Filing 15 ORDER DIRECTING that an Amended Complaint be filed. The Clerk is DIRECTED to return a copy of the Complaint to the Plaintiff for his signature and INCLUDE A FORM SIGNATURE PAGE. Plaintiff is DIRECTED to sign and date the complaint and return it to the Court by 1/26/2021. Signed by Honorable Barry A. Bryant on January 12, 2021. (mjm)
January 11, 2021 Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Dadrain Dantwone Banks re #12 Order to Show Cause. (mjm)
January 4, 2021 Filing 13 MOTION to Voluntarily Dismiss Parties by Dadrain Dantwone Banks. Motions referred to Barry A. Bryant.(lw)
December 28, 2020 Filing 12 ORDER TO SHOW CAUSE - Show Cause Response due by 1/8/2021. Signed by Honorable Barry A. Bryant on December 28, 2020. (mjm)
December 15, 2020 Filing 11 CLERK'S NOTICE OF SERVICE: CERTIFIED MAIL, RETURN RECEIPT RECEIVED for service of documents as set forth in #6 Order Directing Pleading to be Filed. Peggy W. on behalf of Sheriff McCormick, Garland County Sheriff's Office received documents on 12/10/2020. (mjm)
December 15, 2020 Filing 10 CLERK'S ORDER re PLRA Initial Fee directing Garland County Sheriff to collect from petitioner's prison account an initial partial filing fee of $23.69; 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 Sheriff). (lw)
December 14, 2020 Filing 9 TEXT ONLY ORDER granting #2 Motion for Leave to Proceed in forma pauperis (42:1983). On December 11, 2020, the Garland County Sheriff filed a completed Inmate Funds Certificate for Plaintiff's in forma pauperis application. (ECF No. 8). 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 14, 2020. (mlf)
December 11, 2020 Filing 8 RESPONSE by Mike McCormick re #6 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)
December 7, 2020 Filing 7 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 AND INCLUDE A FORM SIGNATURE PAGE. 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. Amended Complaint due by 12/21/2020. Signed by Honorable Barry A. Bryant on December 7, 2020. (mlf)
December 7, 2020 Filing 6 ORDER DIRECTING Sheriff McCormick to complete, sign, and return to the Court the inmate funds certificate portion of the IFP application for Plaintiff. Document due in Response to Order by 12/21/2020. Signed by Honorable Barry A. Bryant on December 7, 2020. (mjm)
December 7, 2020 CERTIFIED MAIL, WITH RETURN RECEIPT ATTACHED, DELIVERED TO U.S. POSTAL SERVICE, for service of #6 Order Directing Pleading to be Filed, as to Sheriff McCormick, Garland County Sheriff's Office using Certified Mail Article number 7013 2630 0001 6868 6230. (mjm)
November 30, 2020 Filing 5 RESPONSE by Dadrain Dantwone Banks re #3 Order directing certificate portion of the IFP application be filed. (mjm)
November 17, 2020 Filing 4 Magistrate Notice/Consent Form. (lw)
November 17, 2020 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: certificate portion of the IFP application. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 12/8/2020. Signed by Honorable Barry A. Bryant on November 17, 2020. (lw)
November 17, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Dadrain Dantwone Banks. Motions referred to Barry A. Bryant.(lw)
November 17, 2020 Filing 1 COMPLAINT REFERRED (42:1983) against John and Jane Does, Jones, Mike McCormick, Severns, Tosh, filed by Dadrain Dantwone Banks.(lw) (Main Document 1 replaced on 11/18/2020) (mjm).

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Defendant: Sheriff Mike McCormick
Represented By: Melissa Hollowell
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Defendant: John and Jane Does
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Defendant: Corporal Tosh
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Defendant: Lieutenant Severns
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Defendant: Corporal Jones
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Plaintiff: Dadrain Dantwone Banks
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