Guy v. Ross et al
| Roland F Guy |
| Jordan Ross, Justin Hunter, Nicholas Killian, Warden Nurzuhal Faust and Zorn Turner |
| 6:2023cv06089 |
| August 4, 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. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 19 Summons Returned Unexecuted as to Jordan Ross and Zorn Turner. (tmc) |
| Filing 18 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Justin Hunter, Nicholas Killian, Jordan Ross, Zorn Turner and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #10 Amended Complaint, #6 Magistrate Notice/Consent Form, #17 Order Directing Service. (tmc) |
Filing 17
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Justin Hunter, Nicholas Killian, Jordan Ross, Zorn Turner and granting 21 days to answer. Signed by Honorable Christy D. Comstock on September 22, 2023. (cc: U.S. Marshals Service-Certified).(tmc)
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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. Motions referred to Christy D. Comstock.(hnc) |
| Filing 16 CLERK'S ORDER re PLRA Fee directing ADC - Maximum Security Unit 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; Warden- ADC, Maximum Security Unit). (tmc) |
| Filing 15 TEXT ONLY ORDER granting #14 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 September 6, 2023. (klk) |
| Filing 14 MOTION for Leave to Proceed in forma pauperis (42:1983) by Roland F Guy. Motions referred to Barry A Bryant.(tmc) |
| Filing 13 TEXT ONLY ORDER denying #12 Motion to Appoint Counsel. A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action but the Court may appoint counsel at its discretion. 28 U.S.C. 1915(e)(1). The Court has considered the need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual and legal complexity of the case, and whether Plaintiff has the ability to investigate and present this case. In considering these factors, the Court finds that the claims do not appear legally or factually complex, and Plaintiff is adequately prosecuting this case at this time. The Court finds Plaintiff is capable of prosecuting his claims without appointed counsel. At a later stage in the case, Plaintiff may again request appointment of counsel if Plaintiff believes the circumstances justify such an appointment. Signed by Honorable Barry A Bryant on August 29, 2023. (klk) |
| Filing 12 MOTION to Appoint Counsel by Roland F Guy. Motions referred to Barry A Bryant.(tmc) |
| Filing 11 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application. However, he failed to have the certification regarding inmate funds held in his name completed for the IFP application. 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 have the certificate portion of the IFP application completed by the appropriate detention center official and return the application to the 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 9/15/2023. Signed by Honorable Barry A Bryant on August 25, 2023. (klk) |
| Filing 10 AMENDED COMPLAINT as to #2 Complaint against Nicholas Killian, Justin Hunter, Jordan Ross, and adding Zorn Turner; Terminating Nurzuhal Faust (Warden, Ouachita River Unit, ADC), filed by Roland F Guy. Related document: #2 Complaint filed by Roland F Guy.(tmc) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis (42:1983) by Roland F Guy. Motions referred to Barry A Bryant.(tmc) Modified on 9/14/2023 (hnc). |
| 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 8/25/2023. Signed by Honorable Barry A Bryant on August 4, 2023. (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 was not submitted on the approved form for this District. 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 8/25/2023. Signed by Honorable Barry A Bryant on August 4, 2023. (klk) |
| Filing 6 Magistrate Notice/Consent Form (tmc) |
| Filing 5 Case transferred in from District of Arkansas Eastern; Case Number 4:23-cv-00726. Docket sheet received. |
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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 8/4/2023. (ldb) [Transferred from ared on 8/4/2023.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (tmc) |
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Filing 3
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 03/21/2023. (llg) [Transferred from ared on 8/4/2023.]
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| Filing 2 COMPLAINT against All Defendants, filed by Roland F Guy.(kdr) [Transferred from ared on 8/4/2023.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Roland F Guy. (kdr) [Transferred from ared on 8/4/2023.] |
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