Martin v. Byers et al
| Tavarus Martin |
| Warden Jared Byers, Jimmy Coleman, IV, Edgewar, Daniels and Dr. John Doe |
| 6:2022cv06079 |
| July 15, 2022 |
| US District Court for the Western District of Arkansas |
| Hot Springs Office |
| Mark E Ford |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 12 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Jared Byers, Jimmy Coleman, IV, Daniels, Edgewar and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #5 Magistrate Notice/Consent Form, #10 Amended Complaint, #11 Order Directing Service. YOU MUST PRINT THIS ISSUED SUMMONS, WHICH IS THE MAIN DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (bjb) |
Filing 11
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Jared Byers, Jimmy Coleman, IV, Corporal Daniels, Lieutenant Edgewar and granting 21 days to answer. Signed by Honorable Mark E. Ford on August 17, 2022. (bjb)
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| Filing 10 AMENDED COMPLAINT with Jury Demand against Edgewar, Jimmy Coleman, IV, Jared Byers, Daniels. Terminating Dr. John Doe (Officer), filed by Tavarus Martin.(bjb) |
| Filing 9 CLERK'S ORDER re PLRA Initial Fee directing Arkansas Department of Corrections to collect from petitioner's prison account an initial partial filing fee of $17.28; 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: Department of Correction, Trust Fund & Centralized Banking Office). (bjb) |
| 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 8/24/2022. Signed by Honorable Mark E. Ford on August 3, 2022. (klk) |
| Filing 7 TEXT ONLY ORDER granting #1 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 August 3, 2022. (klk) |
| Filing 6 MOTIONS REFERRED to Honorable Mark E. Ford: #1 MOTION for Leave to Proceed in forma pauperis (42:1983) filed by Tavarus Martin. Motions referred to Honorable Mark E. Ford.(cnn) |
| Filing 5 Magistrate Notice/Consent Form (bjb) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:22-cv-00644. Docket sheet received. |
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Filing 3
ORDER directing the Clerk to immediately transfer this case to the United States District Court for the Western District of Arkansas. Signed by Magistrate Judge Joe J. Volpe on 7/15/2022. (jbh) [Transferred from ared on 7/15/2022.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (bjb) |
| Filing 2 COMPLAINT against All Defendants, filed by Tavarus Martin. (ldb) [Transferred from ared on 7/15/2022.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis (42:1983) by Tavarus Martin. (ldb) [Transferred from ared on 7/15/2022.] Modified on 7/18/2022 to modify event type (mjm). |
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