Jaquez v. Bowling et al
| Creek County Sheriff's Office |
| Henry Joseph Jaquez |
| Cody Smith, Bret Bowling and Deputy Kalavik |
| 4:2023cv00080 |
| February 27, 2023 |
| US District Court for the Northern District of Oklahoma |
| Claire V Eagan |
| Susan E Huntsman |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 7
SUMMONS Issued by Court Clerk as to Bret Bowling, Deputy Kalavik (dla, Dpty Clk) (Main Document 7 replaced on 4/25/2023 to add notation) (dla, Dpty Clk).
|
|
Filing 6
ORDER by Judge Claire V Eagan - ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHALS SERVICE - The amended complaint (Dkt. # 5) is dismissed, in part, as to all claims against the Creek County Sheriff's Office, and the Creek County Sheriff's Department is terminated as party defendant. The Clerk of Court shall discard any summonses and service documents submitted for defendants Cody Smith and the Creek County Sheriff's Office. The Clerk of Court shall issue the summonses received from Jaquez for defendants Bret Bowling and Deputy Kalavik and deliver them, along with the service of process forms for those two defendants, two copies of the amended complaint (Dkt. # 5), and two copies of this order to the United States Marshals Service. The United States Marshals Service shall promptly serve defendants Bowling and Kalavik. See Fed. R. Civ. P. 4(c)(3). The Court extends the time for service by 60 days, or until July 25, 2023. See Fed. R. Civ. P. 4(m). Defendants shall file answers or other responsive pleadings within 21 days of service. See Fed. R. Civ. P. 12(a)(1)(A)(i). If any defendant files a motion to dismiss the amended complaint, Jaquez shall file a response to the motion to dismiss within 21 days after the filing of the motion. See LCvR7-1(e)., Directing Service of Process, terminating party Creek County Sheriff's Office, setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 7/25/2023), directing court clerk to take action (Re: #5 Amended Complaint ) (RGG, Chambers) Modified on 4/25/2023 to correct typographical error (lmt, Dpty Clk).
|
|
***Remark: Clerk issued the summonses received from Jaquez for defendants Bret Bowling and Deputy Kalavik and delivered them, along with the service of process forms for those two defendants, two copies of the amended complaint (Dkt. # 5), and two copies of this order to the United States Marshals Service (Re: #6 Order,,,,,,, Directing Service of Process,,,,,,, Adding/Terminating Party(ies),,,,,,, Setting/Resetting Deadline(s)/Hearing(s),,,,,,, Directing Court Clerk to Take Action,,,,,,,,,,,,, ) (dla, Dpty Clk)
|
|
***Remark: 1 summons and 1 USM 285 form received and placed in hold tray (lmt, Dpty Clk)
|
|
Filing 5
AMENDED COMPLAINT against Bret Bowling, Creek County Sheriff's Office, Deputy Kalavik (Re: #1 Complaint ) by Henry Joseph Jaquez (blc, Dpty Clk)
|
|
NOTICE of Docket Entry Modification; Error: incomplete descriptive language and incorrect document linked. dkt #4 ; Correction: to include descriptive language and to delete link to Dkt. #4 (Re: Remark,, ) (mlb, Dpty Clk)
|
|
***Remark: One copy of dkt #4 mailed to Henry Joseph Jaquez, Delaware County Sheriff's Office PO BOX 476 JAY, OK 74346. One copy of dkt. #4 mailed to the Officials of Delaware County Sheriff, 327 S 5th St. Jay, Ok 74346 (Re: #4 Order,, Directing Monthly Prisoner Payment,, Directing Court Clerk to Take Action, ) (mlb, Dpty Clk)
|
|
Filing 4
ORDER by Judge Claire V Eagan Clerk of Court shall send a copy of this order, by mail, to Jaquez and to officials at the Delaware County Jail in Jay, Oklahoma, Directing Monthly Payments be made from Prison Account of Henry Joseph Jaquez, directing court clerk to take action (crp, Dpty Clk)
|
|
Filing 3
OPINION AND ORDER by Judge Claire V Eagan the motion for leave to proceed in forma pauperis (Dkt. # 2) is granted; Jaquez is authorized to proceed without prepaying the filing fees in full and without making an initial partial payment but remains obligated to pay the $350 filing fee in full through periodic payments, as described in this order; on or before April 21, 2023, Jaquez may file an amended complaint, on the court approved form, that (1) includes all claims he intends to pursue in this action (2) includes all factual allegations he intends to present to support those claims, and (3) provides each defendant he identifies in the amended complaint fair notice of the claim or claims that each defendant must defend against; the Clerk of Court shall mail to Jaquez one blank 42 U.S.C. 1983 civil rights complaint (form PRIS-14), marked amended and identified for Case No. 23-CV- 0080-CVE-SH, along with instructions for completing the form; and on or before April 21, 2023, Jaquez may voluntarily dismiss this action, instead of filing an amended complaint, by filing a written notice of dismissal ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 4/21/2023); directing court clerk to take action; granting #2 Motion for Leave to Proceed in Forma Pauperis (Re: #1 Complaint, #2 MOTION for Leave to Proceed in Forma Pauperis ) (crp, Dpty Clk)
|
|
***Remark: one blank 42 U.S.C. 1983 civil rights complaint(form PRIS-14), marked amended and identified for Case No. 23-CV- 0080-CVE-SH, along with instructions mailed to Henry Joseph Jaquez, Delaware County Sheriff's Office PO BOX 476 JAY, OK 74346. (Re: #3 Opinion and Order,,,,,, Setting/Resetting Deadline(s)/Hearing(s),,,,,, Directing Court Clerk to Take Action,,,,,,,,,,,, Ruling on Motion to Proceed in Forma Pauperis,,,,, ) (mlb, Dpty Clk) Modified on 3/27/2023 to add descriptive language and to delete link to Dkt. #4 (mlb, Dpty Clk).
|
|
***Remark: 3 summons and 3 USM 285 forms received and placed in hold tray (lmt, Dpty Clk)
|
|
Filing 2
MOTION for Leave to Proceed in Forma Pauperis by Henry Joseph Jaquez (lmt, Dpty Clk)
|
|
Filing 1
COMPLAINT against Bret Bowling, Deputy Kalavik, Cody Smith by Henry Joseph Jaquez (lmt, Dpty Clk)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Oklahoma Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
