Barefield v. Rondoni et al
| Keya Deonte Barefield |
| Sgt. Oscar Rondoni, Program Warden Tasha Griffin, Deputy Warden Randy Straughn, SuperintendentWarden Jared Byers, Lt. Cole McCanally, Sergeant Airrion Delaney, Lt. Jordan Montgomery, Sgt. Jason Sutton, Chaplain Don Fiora, Curtis Clark, Sgt. Evan Nally, Sgt James Smith, Lt. Paul Walter, Justine Minor, Janice Blake, Keith Waddle, Secondary Director Lisa Woods, Warden Marshall Dale Reed, Major Everett Litzsey, Jr. and Dexter Payne |
| 6:2023cv06094 |
| August 23, 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 |
| Plaintiff |
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| Filing 14 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that a significant portion of the complaint is not legible. 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 11/3/2023. Signed by Honorable Christy D. Comstock on October 13, 2023. (klk) |
| Filing 13 AMENDED COMPLAINT with Jury Demand as to #1 Complaint Referred (42:1983), against Don Fiora, Cole McCanally, Oscar Rondoni, Janice Blake, Keith Waddle, Evan Nally, Justine Minor, Everett Litzsey, Jr., Jared Byers, Tasha Griffin, Jordan Montgomery, Curtis Clark, Paul Walter, Marshall Dale Reed, James Smith, Airrion Delaney, Lisa Woods, Jason Sutton, Randy Straughn, Dexter Payne, filed by Keya Deonte Barefield. Related document: #1 Complaint Referred (42:1983), filed by Keya Deonte Barefield.(jlm) |
| Filing 12 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff has attached multiple additional sheets of paper for each claim, in violation of the clear directions on the Court-approved Complaint form. Plaintiff must use the form and follow the directions on the form. 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 10/20/2023. Signed by Honorable Christy D. Comstock on September 29, 2023. (klk) |
| Filing 11 Mail Returned as Undeliverable marked Postage Due. Mail originally sent to Keya Deonte Barefield at ADC - Ouachita River Unit including 10 Order Regarding Complaint Deficiency and 1983 Complaint form; per Chambers, new Order to be submitted. (tmc) |
| Filing 10 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff has attached multiple additional sheets of paper for each claim, in violation of the clear directions on the Court-approved Complaint form. Plaintiff must use the form and follow the directions on the form. 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 10/12/2023. Signed by Honorable Christy D. Comstock on September 21, 2023. (klk) |
| Filing 9 CLERK'S ORDER re PLRA Fee directing ADC ORU 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, AR Department of Community Correction). (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 Christy D. Comstock on September 18, 2023. (klk) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis (42:1983) by Keya Deonte Barefield. Motions referred to Christy D. Comstock.(jlm) |
| 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 6 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff submitted an in forma pauperis (IFP) application, which was incomplete, and he was ordered to correct the deficiencies. Plaintiff has now notified the Court that the IFP application he was sent was confiscated by staff and requests a new copy. 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 9/28/2023. Signed by Honorable Barry A Bryant on September 7, 2023. (klk) |
| Filing 5 NOTICE by Keya Deonte Barefield re #2 MOTION for Leave to Proceed in forma pauperis (42:1983), #3 Order Provisionally Filing Complaint (jlm) |
| Filing 4 Magistrate Notice/Consent Form (jlm) |
Filing 3
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: 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 9/13/2023. Signed by Honorable Barry A Bryant on August 23, 2023. (jlm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Keya Deonte Barefield. Motions referred to Barry A Bryant.(jlm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Janice Blake, Jared Byers, Curtis Clark, Airrion Delaney, Don Fiora, Tasha Griffin, Everett Litzsey, Jr., Cole McCanally, Justine Minor, Jordan Montgomery, Evan Nally, Marshall Dale Reed, Oscar Rondoni, James Smith, Randy Straughn, Jason Sutton, Keith Waddle, Paul Walter, Lisa Woods, filed by Keya Deonte Barefield.(jlm) (Main Document 1 replaced on 8/23/2023) (jlm). |
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