Brown v. Otts et al
| Ce'drick D. Brown |
| Major Fredrick Otts, Sergeant B. Morgan and Corporal Shanlever |
| 6:2024cv06017 |
| February 21, 2024 |
| 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 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to B. Morgan, Fredrick Otts, and Shanlever and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #5 Magistrate Notice/Consent Form, #11 Order Directing Service, and #10 Amended Complaint. (tmc) |
Filing 11
ORDER DIRECTING the Clerk to amend the docket to reflect all threeMajor Fredrick Otts, Sergeant B. Morgan, and Corporal Shanlever as defendants to this action; Further, ORDER DIRECTING THE MARSHALS SERVICE TO SERVE B. Morgan, Fredrick Otts, and Shanlever and granting 21 days to answer. Signed by Honorable Christy D. Comstock on April 10, 2024. (cc: U.S. Marshals Service-Certified).(tmc)
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| TEXT ONLY AMENDED COMPLAINT TO ALIGN PARTIES.(tmc) |
| Filing 10 AMENDED COMPLAINT with Jury Demand as to #1 Complaint Referred (42:1983) against Fredrick Otts and Terminating B. Morgan and Shanlever, filed by Ce'drick D. Brown. Related document: #1 Complaint Referred (42:1983) filed by Ce'drick D. Brown. (Attachments: #1 Exhibit )(tmc) |
| Filing 9 TEXT ONLY ORDER granting #8 Motion for Extension of Time to Amend. This Court previously ordered Plaintiff to submit an amended complaint by March 14, 2024. (ECF No. 6). After that deadline passed without any communication from Plaintiff, this Court ordered Plaintiff to show cause why this matter should not be dismissed for failure to comply with the Court's orders. (ECF No. 7). Since that time, this Court has received Plaintiff's Motion for an Extension of Time to Amend the Complaint. (ECF No. 8). Having considered that motion and being duly advised, this Court finds that the request has been made in good faith and is warranted. Plaintiff's Motion for an Extension of Time to Amend the Complaint is therefore GRANTED. Plaintiff's amended complaint is now due April 15, 2024. Signed by Honorable Christy D. Comstock on March 22, 2024. (ksb) Modified docket text on 3/22/2024 (tmc). |
| Filing 8 MOTION for Extension of Time to Amend #1 Complaint Referred (42:1983) by Ce'drick D. Brown. Motions referred to Christy D. Comstock.(tmc) |
| Filing 7 TEXT ONLY SHOW CAUSE ORDER - FAILURE TO OBEY ORDER. This Court previously entered an Order directing Plaintiff to File an Amended Complaint by 3/14/2024. (ECF No. 6). This Order was not returned as undeliverable. The deadline for filing an amended complaint has passed and Plaintiff has not responded to the Court's order or communicated with the Court in any way. 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 4/10/2024. Signed by Honorable Christy D. Comstock on March 20, 2024. (ksb) |
| 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 6 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, Plaintiff attached more than the permitted extra pages and included exhibits. 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 3/14/2024. Signed by Honorable Barry A Bryant on February 22, 2024. (klk) |
| Filing 5 Magistrate Notice/Consent Form (tmc) |
| Filing 4 CLERK'S ORDER re PLRA Initial Fee directing DCC - OMEGA TECHNICAL VIOLATOR CENTER to collect from petitioner's prison account an initial partial filing fee of $8.11; 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: AR Board of Corrections, Compliance Division; Department of Correction, Trust Fund & Centralized Banking Office; Warden, DCC - OMEGA TECHNICAL VIOLATOR CENTER ). (tmc) |
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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. Signed by Honorable Barry A Bryant on February 21, 2024. (tmc)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by Ce'drick D. Brown. Motions referred to Barry A Bryant.(tmc) |
| Filing 1 COMPLAINT REFERRED (42:1983) against B. Morgan, Fredrick Otts, and Shanlever, filed by Ce'drick D. Brown.(tmc) |
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