Payne v. Henry et al
| Emmett Jerry Payne |
| Dr Guy Henry, Jeremy M Womack, Wyeth Champon and Jason Brotherton |
| 6:2024cv06021 |
| February 28, 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. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 12 TEXT ONLY ORDER granting #11 Motion for Extension of Time to Submit #9 Amended Complaint filed by Emmett Jerry Payne. Having reviewed Plaintiff's Motion for Extension of Time to file an Amended Complaint, this Court finds that the request has been made in good faith and is warranted. Plaintiff is directed to submit an amended complaint by no later than May 14, 2024. Further, Plaintiff has submitted a change of address suggesting that he is no longer incarcerated. When a plaintiff is released from confinement, the policy of the Court is to require the plaintiff to re-submit affidavits to determine whether he should be required to pay all, or a portion of, the fees and costs of the lawsuit. Thus, if Plaintiff wishes to proceed with this lawsuit, he must either pay the balance of the $350.00 dollar filing fee, or resubmit an IFP application which reflects his free-world financial status within 21 days of the date of this Order. IT IS THEREFORE ORDERED THAT: the Clerk is directed to send a blank IFP Application to the Plaintiff. Plaintiff is directed to submit the balance of the 350.00 dollar filing fee or complete and sign the IFP Application within 21 days. This case shall be subject to dismissal if Plaintiff fails to submit the amended complaint and either pay the 350.00 dollar filing fee or resubmit an IFP application by May 14, 2024. Completed IFP and Amended Complaint due by 5/14/2024 Signed by Honorable Christy D. Comstock on April 23, 2024.(ksb) |
| Set Deadline: Completed IFP due by 5/14/2024 (tmc) |
| Filing 11 MOTION for Extension of Time to Amend #9 Amended Complaint and Notice of Change of Address by Emmett Jerry Payne. Motions referred to Christy D. Comstock.(tmc) |
Filing 10
ORDER DIRECTING that a/an Second Amended Complaint be filed. Second Amended Complaint due by 4/25/2024. Signed by Honorable Christy D. Comstock on April 4, 2024. (tmc)
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| Filing 9 AMENDED COMPLAINT with Jury Demand as to #2 Complaint against Wyeth Champon, Jeremy M Womack, Guy Henry, and Jason Brotherton, filed by Emmett Jerry Payne. Related document: #2 Complaint filed by Emmett Jerry Payne.(tmc) |
| 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 8 CLERK'S ORDER re PLRA Initial Fee directing ADC - Ouachita River Unit to collect from petitioner's prison account an initial partial filing fee of $1.43; 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 - ADC Ouachita River Unit). (tmc) |
| Filing 7 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 3/21/2024. Signed by Honorable Barry A Bryant on February 29, 2024. (klk) |
| Filing 6 TEXT ONLY ORDER granting #1 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 29, 2024. (klk) |
| Filing 5 Magistrate Notice/Consent Form (tmc) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:24-cv-00170. Docket sheet received. |
| MOTIONS REFERRED to Honorable Barry A. Bryant: #1 MOTION for Leave to Proceed in forma pauperis filed by Emmett Jerry Payne. Motions referred to Honorable Barry A Bryant.(tmc) |
| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (tmc) |
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Filing 3
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 02/27/2024. (llg) [Transferred from ared on 2/28/2024.]
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| Filing 2 COMPLAINT against All Defendants, filed by Emmett Jerry Payne. (ldb) [Transferred from ared on 2/28/2024.] |
| Filing 1 MOTION for Leave to Proceed in forma pauperis (42:1983) by Emmett Jerry Payne. (ldb) [Transferred from ared on 2/28/2024.] Modified eventy on 2/28/2024 (hnc). |
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