Shell v. Elkin et al
| Robert D. Shell |
| Nurse Practitioner Darrell Wayne Elkin, Captain Josh Lingo, Jail Administrator Steven Otwell, Lieutenant Ghormley, Gregory Crain and Sgt Donna LNU |
| 6:2023cv06058 |
| May 10, 2023 |
| US District Court for the Western District of Arkansas |
| Barry A Bryant |
| Christy D Comstock |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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| Document Text |
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| TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. (hnc) |
| Filing 9 CLERK'S ORDER re PLRA Initial Fee directing NEVADA COUNTY JAIL to collect from petitioner's prison account an initial partial filing fee of $38.33; 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: NEVADA COUNTY JAIL) (jlm) |
| Filing 8 TEXT ONLY ORDER granting #7 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 Barry A Bryant on June 12, 2023. (klk) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis (42:1983) by Robert D. Shell. Motions referred to Barry A Bryant.(tmc) |
| Filing 6 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. As previously ordered, Plaintiff submitted an in forma pauperis (IFP) application. However, the application is incomplete because he identified two forms of income in section 3 of the form but did not provide a description, including amounts received and what he expects to receive in the future, as required. 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 6/14/2023. Signed by Honorable Barry A Bryant on May 24, 2023. (klk) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis (42:1983) by Robert D. Shell. Motions referred to Barry A Bryant.(jlm) |
| Filing 4 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Josh Lingo, Darrell Wayne Elkin, Gregory Crain, Donna LNU, filed by Robert D. Shell. Related document: #1 Complaint Referred (42:1983) filed by Robert D. Shell.(jlm) |
| Filing 3 Magistrate Notice/Consent Form (jlm) |
Filing 2
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 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 6/3/2023. Plaintiff is directed to submit an Amended Complaint in both this Hot Springs Division case and in the Texarkana Division case. Amended Complaint due by 6/3/2023 The Clerk is directed to sever from this action the claims against Jail Administrator Otwell and Lieutenant Ghormley. The severed case should be opened in the Texarkana Division of the Court. Texarkana case 4:23-cv-04053 Signed by Honorable Barry A Bryant on May 10, 2023. (jlm)
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| Filing 1 COMPLAINT REFERRED (42:1983) against Darrell Wayne Elkin, Josh Lingo, filed by Robert D. Shell.(jlm) |
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