Bell v. Head
| Joshua Terrell Bell |
| Doe and Field Major Tristan Head |
| 6:2024cv06032 |
| March 18, 2024 |
| US District Court for the Western District of Arkansas |
| Hot Springs Office |
| Barry A Bryant |
| Christy D Comstock |
| Susan O Hickey |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on July 25, 2024. A more recent docket listing may be available from PACER.
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| Filing 18 TEXT ONLY ORDER REGARDING DEFENDANT'S MOTION TO DISMISS. Defendant filed a #16 Motion to Dismiss in which it is argued does not plead sufficiently detailed or specific factual allegations and is, therefore, defective for failing to articulate a plausible claim as required by law. Without expressing any view as to the merits, the Court affords the Plaintiff an opportunity to cure the purported pleading defect; the Court grants Plaintiff leave to file an amended complaint, in accordance with Federal Rule of Civil Procedure 15(a)(1)(B).The Clerk is directed to mail the Plaintiff a Section 1983 form Complaint for use in filing the Amended Complaint. An amended complaint must plead specific factual allegations that, if true, would plausibly give rise to an entitlement for relief. If Plaintiff timely files an amended complaint, the Court will deny, without prejudice, the motion to dismiss as moot. If Plaintiff does not timely file an amended complaint, Plaintiff must file a response to the Motion, and the Court will decide the motion. Either an amended complaint or a response to this motion to dismiss must be filed. Failure to comply with this Order shall subject the case to dismissal. Document due in Response to Order by 5/31/2024. Signed by Honorable Christy D. Comstock on May 10, 2024. (klk) |
| Filing 17 MEMORANDUM BRIEF in Support of #16 MOTION to Dismiss for Failure to State a Claim by Tristan Head. (Harvey, Chelsea) |
| Filing 16 MOTION to Dismiss for Failure to State a Claim by Tristan Head. Motions referred to Christy D. Comstock.(Harvey, Chelsea) |
| Filing 15 NOTICE of Appearance by Chelsea Harvey on behalf of Tristan Head. (Harvey, Chelsea) |
| Filing 14 SUMMONS Returned Executed by Joshua Terrell Bell. Tristan Head served on 4/24/2024, answer due 5/15/2024. (jlm) |
| Filing 13 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Tristan Head 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, #12 Order Directing Service, #8 Amended Complaint. (jlm) |
Filing 12
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Tristan Head and granting 21 days to answer. Signed by Honorable Christy D. Comstock on April 9, 2024. (cc: U.S. Marshals Service-Certified).(jlm)
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| Filing 11 CLERK'S ORDER re PLRA Initial Fee directing OUACHITA RIVER UNIT to collect from petitioner's prison account an initial partial filing fee of $4.33; 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; AR Department of Community Correction). (jlm) |
| Filing 10 TEXT ONLY ORDER granting #9 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 $ 405.00. Signed by Honorable Christy D. Comstock on April 8, 2024. (klk) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis (42:1983) by Joshua Terrell Bell. Motions referred to Barry A Bryant.(jlm) |
| Filing 8 AMENDED COMPLAINT as to #1 Complaint against Tristan Head, filed by Joshua Terrell Bell. Related document: #1 Complaint filed by Joshua Terrell Bell.(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 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 4/16/2024. Signed by Honorable Barry A Bryant on March 26, 2024. (klk) |
| Filing 6 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 4/16/2024. Signed by Honorable Barry A Bryant on March 26, 2024. (klk) |
| Filing 5 Magistrate Notice/Consent Form (tmc) |
| Filing 4 Case transferred in from District of Arkansas Eastern; Case Number 4:24-cv-00228. Docket sheet received. |
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Filing 3
ORDER directing the Clerk of the Court to immediately transfer Plaintiff's entire case file to the United States District Court for the Western District of Arkansas. Signed by Judge Lee P. Rudofsky on 3/18/2024. (ldb) [Transferred from ared on 3/18/2024.]
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| TEXT ONLY NOTICE: COMPLAINT REFERRED (42:1983) transferred in from Eastern District of Arkansas. (tmc) |
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Filing 2
ORDER ON AMICUS BRIEFS. Signed by Judge Lee P. Rudofsky on 3/21/2023. (ldb) [Transferred from ared on 3/18/2024.]
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| Filing 1 COMPLAINT against Doe, filed by Joshua Terrell Bell. (ldb) [Transferred from ared on 3/18/2024.] |
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