Smith v. Settles et al
| James Elwood Smith |
| Sergeant Paula Settles, Barbara Holliman, Warden Jared Byers, Cryer, Mrs., Attorney for Inmates M. Grisham, Chief Financial Offi Jeffery Jerry, Director Dexter Payne, Inmate Grievance Coo April Gibson, Chief Deputy Directo Marshall Dale Reed, Chief Fin. Officer Jeffery Jerry, Inmate Grievance Cor April Gibson and Chief Dep. Dir. Marshall Dale Reed |
| 6:2021cv06152 |
| November 19, 2021 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 AMENDED COMPLAINT with Jury Demand against Barbara Holliman, Jeffery Jerry, Paula Settles, Dexter Payne, Jared Byers, Marshall Dale Reed Terminating M. Grisham (Arkansas Board of Correction Compliance Division), Cryer, Mrs (Chief Legal Advisor for the ADC) and April Gibson (ADC), filed by James Elwood Smith.(jlm) |
| Filing 6 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 12/20/2021. Signed by Honorable Barry A. Bryant on November 29, 2021. (klk) |
| Filing 5 CLERK'S ORDER re PLRA Fee directing ADC 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). (jlm) |
Filing 4
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 a/an Amended Complaint be filed.(Amended Complaint due by 12/13/2021). Signed by Honorable Barry A. Bryant on November 19, 2021. (jlm)
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| Filing 3 Magistrate Notice/Consent Form (jlm) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by James Elwood Smith. Motions referred to Barry A. Bryant.(jlm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Jared Byers, Cryer, Mrs, April Gibson, M. Grisham, Barbara Holliman, Jeffery Jerry, Dexter Payne, Marshall Dale Reed, Paula Settles, filed by James Elwood Smith.(jlm) |
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