Toney v. Lingo
Plaintiff: Javon Toney
Defendant: David Lingo
Case Number: 6:2023cv06135
Filed: December 13, 2023
Court: US District Court for the Western District of Arkansas
Office: Hot Springs Office
Presiding Judge: Mark E Ford
Referring Judge: Susan O Hickey
Nature of Suit: Prisoner Petitions - Prison Conditions
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 2, 2024 Filing 7 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. The Court entered an Order directing Plaintiff to file an Amended Complaint by 1/8/2024. This Order was not returned as undeliverable. Plaintiff did not respond. Plaintiff is given 21 days to show cause why he failed to obey the Order of the Court. If Plaintiff fails to respond by the deadline, this case shall be subject to dismissal. Show Cause Response due by 2/23/2024.. Signed by Honorable Mark E. Ford on February 2, 2024. (klk)
December 18, 2023 Filing 6 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 1/8/2024. Signed by Honorable Mark E. Ford on December 18, 2023. (klk)
December 18, 2023 Filing 5 TEXT ONLY ORDER REGARDING In Forma Pauperis Application. With his complaint, Plaintiff failed to submit an in forma pauperis (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 return the completed application to this court for review and filing or pay the 350.00 dollar filing fee and 55.00 dollar administrative fee, a total of 405.00 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 405.00 dollar filing fee by the deadline. CLERK TO FOLLOW UP Completed IFP due by 1/8/2024. Signed by Honorable Mark E. Ford on December 18, 2023. (klk)
December 13, 2023 Filing 4 Magistrate Notice/Consent Form (tmc)
December 13, 2023 Filing 3 Case transferred in from District of Arkansas Eastern; Case Number 4:23-cv-01179. Docket sheet received.
December 13, 2023 Opinion or Order Filing 2 ORDER directing the Clerk of Court to transfer this case immediately to the U.S. District Court Western District of Arkansas. Signed by Magistrate Judge Edie R. Ervin on 12/13/2023. (jak) [Transferred from ared on 12/13/2023.]
December 13, 2023 TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (tmc)
December 11, 2023 Filing 1 COMPLAINT against David Lingo filed by Javon Toney. (llg) [Transferred from ared on 12/13/2023.]

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Plaintiff: Javon Toney
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Defendant: David Lingo
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