Stevens v. Emsweller et al
| Joshua Lee Stevens |
| Warden/Supervisor Antwon Emsweller and Andrew Rue |
| 6:2022cv06002 |
| January 6, 2022 |
| US District Court for the Western District of Arkansas |
| Mark E Ford |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on March 3, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 SUMMONS Returned Executed by Joshua Lee Stevens. Antwon Emsweller served on 1/31/2022; Andrew Rue served on 1/31/2022. (jlm) |
Filing 16
ORDER granting #13 Motion to Dismiss Case. The Clerk is DIRECTED to treat Plaintiff's #13 Motion as a notice of voluntary dismissal of his claims pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and dismiss the case without prejudice. Signed by Honorable Mark E. Ford on March 2, 2022. (mjm)
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| Case no longer referred to Honorable Mark E. Ford. (mjm) |
| Filing 15 ANSWER to #1 Complaint Referred (42:1983) with Jury Demand by Antwon Emsweller, Andrew Rue.(Middleton, Rosalyn) |
| Filing 14 NOTICE of Appearance by Rosalyn Middleton on behalf of Antwon Emsweller, Andrew Rue. (Middleton, Rosalyn) |
| Filing 13 MOTION to Dismiss Case by Joshua Lee Stevens. Motions referred to Mark E. Ford.(jlm) |
| Set/Reset Deadlines: Amended Complaint due by 2/24/2022 (hnc) |
| Filing 12 TEXT ONLY ORDER granting #11 Motion to Amend/Correct. As Plaintiff's Proposed Complaint was not submitted on the Court-Approved form for this District, however, the proposed Complaint will not be filed as his Amended Complaint. Instead, Plaintiff is DIRECTED to submit his Amended Complaint on the Court-Approved form by February 24, 2022. 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: (1) the constitutional right Plaintiff believes was violated; (2) the name of the Defendant who violated the right; (3) exactly what the Defendant did or failed to do; (4) how the action or inaction of that Defendant is connected to the violation of Plaintiffs constitutional rights; and (5) what specific injury Plaintiff suffered because of that Defendants conduct. 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 Defendants with the specific injury he suffered. If he fails to do so, the allegation 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 and may not incorporate 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. Plaintiffs case shall be subject to dismissal if he fails to return the amended complaint to the Court by the deadline. Signed by Honorable Mark E. Ford on February 3, 2022. (klk) |
| Filing 11 MOTION to Amend/Correct #1 Complaint Referred (42:1983) by Joshua Lee Stevens. Motions referred to Mark E. Ford.(jlm) |
| Filing 10 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Antwon Emsweller, Andrew Rue and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #9 Order Directing Service, #1 Complaint Referred (42:1983), #3 Magistrate Notice/Consent Form. (jlm) |
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Filing 9
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Antwon Emsweller, Andrew Rue and granting 21 days to answer. Signed by Honorable Mark E. Ford on January 14, 2022. (jlm)
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| Filing 8 CLERK'S ORDER re PLRA Initial Fee directing Sebastian County Detention Center to collect from petitioner's prison account an initial partial filing fee of $8.00; 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 SEBASTIAN COUNTY DETENTION CENTER801 South A StreetFort Smith, AR 72901. (jlm) |
| Filing 7 TEXT ONLY ORDER granting #5 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 January 14, 2022. (klk) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Joshua Lee Stevens. Motions referred to Mark E. Ford.(jlm) |
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Filing 6
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 certificate of account. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order. Completed IFP due by 1/27/2022. Signed by Honorable Barry A Bryant on January 6, 2022. (jlm) Modified on 1/11/2022 (hnc).
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| Filing 4 ****DISREGARD Filed in error**** 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 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 certificate. Failure to comply within the time period specified could result in summary dismissal for failure to obey a court order.(Completed IFP due by 1/27/2022). Signed by Honorable Barry A Bryant on January 6, 2022. (jlm) Modified on 1/10/2022 (jlm). |
| Filing 3 Magistrate Notice/Consent Form (jlm) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Joshua Lee Stevens. Motions referred to Mark E. Ford.(jlm) Modified on 1/11/2022 (hnc). |
| Filing 1 COMPLAINT REFERRED (42:1983) against Antwon Emsweller, Andrew Rue, filed by Joshua Lee Stevens.(jlm) |
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