Finley v. Smith et al
| Jamie Glenn Finley and Possum |
| Officer Smith, Officer B. Rogburg, Sheriff Mike McCormick, Captain Joel Ware, Captain Cosgrove, D. Dunn, Corporal Jones, Deputy Mason, Deputy Canterbury, Sergeant Gates, Corporal Wilcott, Deputy Bannetto, Deputy Horne, Sergeant Falasca, Medical Staff, Officer W. Smith, B. Rosburg, Clerk H. Dudena, Chief S. Elrod, Turnkey Medical Company, Lt. A. Mann, Chaplain Green, H. Darlena, Lt. Sowell, Kitchen Supervisor, Lt. McFee, J. Waller, Kitchen Admin Hund Hausen, C. Parrish and Turnkey Medical Dental Staff |
| 6:2023cv06110 |
| November 2, 2023 |
| U.S. District Court for the Western District of Arkansas |
| Barry A Bryant |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 11 Mail Returned as Undeliverable marked RTS not here. Mail originally sent to Jamie Finley at Garland County Detention Center including 7 Text Only Order Regarding Complaint Deficiency, 10 Text Only Order and blank amended complaint form. Address updated per doc #9 notice of address change and documents resent to: 225 Farr Grounds Road, Mt. Ida, AR 71957. (lgd) |
| Filing 10 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. 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 1/9/2024. Signed by Honorable Barry A Bryant on December 19, 2023. (klk) |
| Filing 9 NOTICE of Change of Address for Jaime Finley to Garland County Detention Center, Hot Springs, AR. Documents that have previously been returned are being resent including 7 Order Regarding Complaint Deficiency - TEXT ONLY. (tg) |
| Filing 8 Mail Returned as Undeliverable marked Return to sender. Mail originally sent to Jamie Finley at Garland County Detention Center including 7 Order Regarding Complaint Deficiency - TEXT ONLY,. No new address available. New Address due by 1/16/2024. (jlm) |
| Filing 7 TEXT ONLY ORDER REGARDING COMPLAINT DEFICIENCY. After review of the Complaint, it is determined that the Plaintiff has not clearly stated how each named Defendant violated his federal constitutional rights, and some of his claims may be frivolous. Additionally, a page of the Complaint is missing, and Plaintiff attached more than one additional sheet of paper for at least one claim. For these reasons, 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 12/19/2023. Signed by Honorable Barry A Bryant on November 28, 2023. (klk) |
| Filing 6 AMENDED COMPLAINT with Jury Demand as to #1 Complaint Referred (42:1983) against Gates, D. Dunn, W. Smith, Jones, Bannetto, Cosgrove, B. Rogburg, Mason, Horne, Mike McCormick, Joel Ware, H. Dudena, S. Elrod, Turnkey Medical Company, A. Mann, Haplon Green, H. Darlena, Sowell, Kitchen Supervisor, McFee, J. Waller, Hund Hausen, C. Parrish Terminating Jones, Medical Staff (Garland County Detention Center), Wilcott, Canterbury and Falasca, filed by Jamie Glenn Finley. Related document: #1 Complaint Referred (42:1983) filed by Jamie Glenn Finley.(jlm) |
| Filing 5 Magistrate Notice/Consent Form (jlm) |
| Filing 4 CLERK'S ORDER re PLRA Initial Fee directing Garland County Detention Center to collect from petitioner's prison account an initial partial filing fee of $10.84; 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: Garland County Detention Center). (jlm) |
Filing 3
ORDER granting #2 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; ORDER DIRECTING that an Amended Complaint be filed.(Amended Complaint due by 11/27/2023). Signed by Honorable Mark E. Ford on November 2, 2023. (jlm)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Jamie Glenn Finley. Motions referred to Barry A Bryant.(jlm) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Bannetto, Canterbury, Cosgrove, D. Dunn, Falasca, Gates, Horne, Jones, Mason, Mike McCormick, Medical Staff, B. Rogburg, Smith, Joel Ware, Wilcott, filed by Jamie Glenn Finley.(jlm) |
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