Benton v. Ball et al
| Johnny Austin Benton |
| Todd Ball, Gedding, Mrs. Jenkins, C Cody, Rachael McLelland and Nevada County, AR |
| 6:2022cv06047 |
| April 28, 2022 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Robert T Dawson |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 1, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to Submit a complete application for in forma pauperis and an Amended Complaint by May 19, 2022. 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 6/14/2022. Signed by Honorable Barry A Bryant on May 24, 2022. (cpg) |
| Filing 8 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 5/19/2022. Signed by Honorable Barry A Bryant on April 28, 2022. (klk) |
| Filing 7 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, the application is incomplete because several sections of the form are either blank or missing. 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 return the completed application to this court for review and filing or pay the 350.00 dollar filing fee and 52.00 dollar administrative fee, a total of 402.00 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 402.00 dollar filing fee by the deadline. CLERK TO FOLLOW UP Completed IFP due by 5/19/2022. Signed by Honorable Barry A Bryant on April 28, 2022. (klk) |
| Filing 6 Magistrate Notice/Consent Form. (mjm) |
| Filing 5 Case transferred in from District of Arkansas Eastern; Case Number 4:22-cv-00381. Docket sheet received. |
| MOTIONS REFERRED to Honorable Barry A. Bryant: #1 MOTION for Leave to Proceed in forma pauperis filed by Johnny Austin Benton. Motions referred to Honorable Barry A Bryant.(mjm) |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (mjm) |
Filing 4
ORDER directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the Western District of Arkansas. Signed by Magistrate Judge Jerome T. Kearney on 4/27/2022. (ldb) [Transferred from ared on 4/28/2022.]
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| Filing 3 AFFIDAVIT in Support of #1 MOTION for Leave to Proceed in forma pauperis by Johnny Austin Benton. (kdr) [Transferred from ared on 4/28/2022.] |
| Filing 2 COMPLAINT against All Defendants filed by Johnny Austin Benton. (llg) [Transferred from ared on 4/28/2022.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Johnny Austin Benton. (llg) [Transferred from ared on 4/28/2022.] |
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