Townsend v. Merchant et al
| Arkansas Western District Court | |
| Judge: | Susan O Hickey |
| Referred: | Christy D Comstock |
| Case #: | 4:23-cv-04002 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Jan 23, 2023 |
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| Docket last updated: 04/24/2024 11:59 PM CDT |
| Thursday, February 29, 2024 | ||
| 38 | 38
respm
Response to Motion
Thu 02/29 1:11 PM
RESPONSE IN OPPOSITION TO Motion re30 MOTION for Summary Judgment filed by Jacob James Townsend.(mll) |
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| Tuesday, January 30, 2024 | ||
| 37 | 37
order
Order on Motion to Appoint Counsel
Tue 01/30 12:57 PM
TEXT ONLY ORDER denying34 Plaintiff's Motion to Appoint Counsel. Plaintiff has again requested appointment of counsel. Appointment of Counsel is made at the discretion of the Court. 28 U.S.C. Sec. 1915(e)(1). For the reasons stated in the Courts prior Order (ECF No. 17) this Motion for Appointment of Counsel is DENIED . Additionally, the Court by separate order, has addressed Plaintiff's stated limitations due to lockdown by granting him an extension of time to respond to Defendants' Motion for Summary Judgment. Signed by Honorable Christy D. Comstock on January 30, 2024. (awl) |
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order
Order on Motion for Extension of Time to File 1 - Terminate Deadlines
Tue 01/30 12:51 PM
TEXT ONLY ORDER granting35 Plaintiff's Motion for Extension of Time to File a response to Defendants' Summary Judgment Motion. Plaintiff states in this motion he was unable to view the video evidence submitted by Defendants until January 25, 2024. Further, Plaintiff states he is serving a 30-40 day sentence in punitive isolation with very limited access to legal materials. Accordingly, the Court finds Plaintiff has shown good cause for his extension. Plaintiff's response is due 3/1/2024. Signed by Honorable Christy D. Comstock on January 30, 2024. (awl) |
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| Monday, January 29, 2024 | ||
| 35 | 35
motion
Extension of Time to File Document
Mon 01/29 9:57 AM
MOTION for Extension of Time to File Response to30 Motion for Summary Judgment by Jacob James Townsend. Motions referred to Christy D. Comstock.(mll) |
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| 34 | 34
motion
Appoint Counsel
Mon 01/29 9:52 AM
MOTION to Appoint Counsel by Jacob James Townsend. Motions referred to Christy D. Comstock.(mll) |
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| Thursday, January 25, 2024 | ||
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notice
Notice re Receipt of Sealed Pleadings
Thu 01/25 2:39 PM
TEXT ONLY NOTICE OF RECEIPT: Exhibit 8 (Video) to32 Statement of Facts.(mll) |
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| Wednesday, January 17, 2024 | ||
| 33 | 33
order
Order Directing Response to Motion - TEXT ONLY
Wed 01/17 11:56 AM
TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION30 FOR SUMMARY JUDGMENT. Plaintiff is directed to file a Response to the Motion for Summary Judgment within 21 days. At the summary judgment stage, a plaintiff can not rest upon mere allegations and, instead, must meet proof with proof. See Fed.R.Civ.P. 56(e). This means the Response must include legal arguments, as well as affidavits, prison records, or other evidence establishing that there is a genuine issue of material fact that must be resolved at a hearing or trial. The affidavit must be based upon the personal knowledge of the person executing the affidavit and must be either : (1) sworn and subscribed to by a notary public;or (2) executed under penalty of perjury, as provided for by 28 U.S.C. 1746. Furthermore, Plaintiff must also separately file a Statement of Disputed Facts , which lists: (a) any disagreement with the specifically numbered factual assertions contained in the Statement of Undisputed Facts filed by the Defendant;and (b) any other disputed facts that must be resolved at a hearing or trial. If Plaintiff disputes any of the facts set forth by the Defendant in the Statement of Undisputed Facts, each numbered paragraph must be identified that contains the fact in dispute and , for each paragraph identified, explain why there is a dispute. Plaintiff is advised that if he intends to rely upon any records or exhibits that have been previously filed with the Court, Plaintiff must specifically refer to those documents by ECF document and page numbers. The Court will not sift through the file to find support for the factual contentions. See Crossley v. Georgia-Pacific Corp ., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (affirming the grant of summary judgment because a plaintiff failed to properly refer to specific pages in the record that supported his position). Plaintiff is advised that the failure to timely and properly comply with this Order will result in: (a) all of the facts set forth by the Defendant in the summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c);and/or (b) shall subject this case to dismissal pursuant to Local Rule 5.5(c)(2). Response to Motion for Summary Judgment due by 2/7/2024. Signed by Honorable Christy D. Comstock on January 17, 2024. (awl) |
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| Friday, January 12, 2024 | ||
| 32 | 32
msupport
Statement of Facts
Fri 01/12 3:09 PM
STATEMENT OF FACTS in support of30 MOTION for Summary Judgment by Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise.(Newell, Aaron) |
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Att: 1
Exhibit No. A - Affidavit of Wise,
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Att: 2
Exhibit No. A1 - Arrest & Booking,
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Att: 3
Exhibit No. A2 - Requests & Grievances,
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Att: 4
Exhibit No. A3 - Jail Medical File - Placeholder (no exhibits cited from this section),
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Att: 5
Exhibit No. A4 - Incident Reports,
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Att: 6
Exhibit No. A5 - Messages (No exhibits cited from this section),
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Att: 7
Exhibit No. A6 - Policies & Procedures,
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Att: 8
Exhibit No. A7 - Video Placeholder (video to be filed conventionally),
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Att: 9
Exhibit No. B - Plaintiff's Depo Transcript,
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Att: 10
Exhibit No. C - Affidavit of Joseph Merchant,
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Att: 11
Exhibit No. D - Affidavit of Hickey
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| 31 | 31
30+
pgs
msupport
Memorandum Brief in Support
Fri 01/12 3:01 PM
MEMORANDUM BRIEF in Support of30 MOTION for Summary Judgment by Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise. (Newell, Aaron) |
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| 30 | 30
motion
Summary Judgment
Fri 01/12 3:00 PM
MOTION for Summary Judgment by Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise. Motions referred to Christy D. Comstock.(Newell, Aaron) |
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| Friday, October 20, 2023 | ||
| 29 | 29
notice
Notice of Change of Address
Fri 10/20 12:47 PM
NOTICE of Change of Address for Jacob James Townsend. There are no documents to resend.(mll) |
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| Monday, October 02, 2023 | ||
| 28 | 28
3
pgs
notice
Notice (Other)
Mon 10/02 10:18 AM
NOTICE by Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise re27 Initial Scheduling Order - PC cases of Defendants' Disclosures to Plaintiff (Newell, Aaron) |
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| Wednesday, August 16, 2023 | ||
| 27 | 27
order
Initial Scheduling Order - PC cases
Wed 08/16 10:07 AM
INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 1/16/2024. Signed by Honorable Christy D. Comstock on August 16, 2023. (rg) |
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| Monday, August 07, 2023 | ||
| 26 | 26
order
Order on Motion to Withdraw Filing
Mon 08/07 12:14 PM
TEXT ONLY ORDER granting25 Defendants' Motion to Withdraw Filing of Motion for Summary Judgment on Exhaustion. The Clerk of the Court is directed to terminate Defendants' Motion for Summary Judgment at ECF No. 18. Signed by Honorable Christy D. Comstock on August 7, 2023. (awl) |
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| Friday, August 04, 2023 | ||
| 25 | 25
motion
Withdraw Filing
Fri 08/04 11:18 AM
MOTION to Withdraw19 Memorandum Brief in Support,20 Statement of Facts,,18 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise. Motions referred to Christy D. Comstock.(Newell, Aaron) |
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| Wednesday, August 02, 2023 | ||
| 24 | 24
msupport
Statement of Facts
Wed 08/02 3:02 PM
STATEMENT OF FACTS in support of23 Response to Motion by Jacob James Townsend.(mll) |
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| 23 | 23
respm
Response to Motion
Wed 08/02 2:58 PM
RESPONSE IN OPPOSITION TO Motion re18 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Jacob James Townsend.(mll) |
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| 22 | 22
notice
Notice of Change of Address
Wed 08/02 2:39 PM
NOTICE of Change of Address for Jacob James Townsend. There are no documents to resend.(mll) |
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| Monday, July 10, 2023 | ||
| 21 | 21
order
Order Directing Response to Motion - TEXT ONLY
Mon 07/10 2:08 PM
TEXT ONLY ORDER DIRECTING RESPONSE TO MOTION18 FOR SUMMARY JUDGMENT. Plaintiff is directed to file a Response to the Motion for Summary Judgment within 21 days. At the summary judgment stage, a plaintiff can not rest upon mere allegations and, instead, must meet proof with proof. See Fed.R.Civ.P. 56(e). This means the Response must include legal arguments, as well as affidavits, prison records, or other evidence establishing that there is a genuine issue of material fact that must be resolved at a hearing or trial. The affidavit must be based upon the personal knowledge of the person executing the affidavit and must be either : (1) sworn and subscribed to by a notary public;or (2) executed under penalty of perjury, as provided for by 28 U.S.C. 1746. Furthermore, Plaintiff must also separately file a Statement of Disputed Facts , which lists: (a) any disagreement with the specifically numbered factual assertions contained in the Statement of Undisputed Facts filed by the Defendant;and (b) any other disputed facts that must be resolved at a hearing or trial. If Plaintiff disputes any of the facts set forth by the Defendant in the Statement of Undisputed Facts, each numbered paragraph must be identified that contains the fact in dispute and , for each paragraph identified, explain why there is a dispute. Plaintiff is advised that if he intends to rely upon any records or exhibits that have been previously filed with the Court, Plaintiff must specifically refer to those documents by ECF document and page numbers. The Court will not sift through the file to find support for the factual contentions. See Crossley v. Georgia-Pacific Corp ., 355 F.3d 1112, 1113-14 (8th Cir. 2004) (affirming the grant of summary judgment because a plaintiff failed to properly refer to specific pages in the record that supported his position). Plaintiff is advised that the failure to timely and properly comply with this Order will result in: (a) all of the facts set forth by the Defendant in the summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c);and/or (b) shall subject this case to dismissal pursuant to Local Rule 5.5(c)(2). Response to Motion for Summary Judgment due by 7/31/2023. Signed by Honorable Christy D. Comstock on July 10, 2023. (awl) |
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| 20 | 20
6
pgs
msupport
Statement of Facts
Mon 07/10 12:01 PM
STATEMENT OF FACTS in support of18 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise.(Newell, Aaron) |
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Att: 1
Exhibit No. A - Affidavit of James Wise,
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Att: 2
Exhibit No. A1 - Arrest & Booking Information,
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Att: 3
Exhibit No. A2 - Requests & Grievances,
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Att: 4
Exhibit No. A4 - Incident Reports,
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Att: 5
Exhibit No. A5 - Messages,
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Att: 6
Exhibit No. A6 - Policies & Procedures
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| 19 | 19
8
pgs
msupport
Memorandum Brief in Support
Mon 07/10 11:56 AM
MEMORANDUM BRIEF in Support of18 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise. (Newell, Aaron) |
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| 18 | 18
7
pgs
motion
Summary Judgment
Mon 07/10 11:54 AM
MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise. Motions referred to Christy D. Comstock.(Newell, Aaron) |
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| Friday, June 09, 2023 | ||
| 17 | 17
order
Order on Motion to Appoint Counsel
Fri 06/09 12:37 PM
TEXT ONLY ORDER denying16 Motion to Appoint Counsel. A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action but the Court may appoint counsel at its discretion. 28 U.S.C. 1915(e)(1). The Court has considered the need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual and legal complexity of the case, and whether Plaintiff has the ability to investigate and present this case. In considering these factors, the Court finds that the claims do not appear legally or factually complex, and Plaintiff is adequately prosecuting this case at this time. The Court finds Plaintiff is capable of prosecuting his claims without appointed counsel. At a later stage in the case, Plaintiff may again request appointment of counsel if Plaintiff believes the circumstances justify such an appointment. Signed by Honorable Christy D. Comstock on June 9, 2023. (awl) |
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| Wednesday, June 07, 2023 | ||
| 16 | 16
motion
Appoint Counsel
Wed 06/07 10:15 AM
MOTION to Appoint Counsel by Jacob James Townsend. Motions referred to Christy D. Comstock.(mll) |
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| Wednesday, May 24, 2023 | ||
| 15 | 15
order
Bench Order PC cases - TEXT ONLY
Wed 05/24 11:08 AM
TEXT ONLY BENCH ORDER. If Defendant(s) intend to pursue a defense, pursuant to the Prison Litigation Reform Act, 42 U.S.C. 1997(e)(a), that Plaintiff failed to exhaust his/her administrative remedies before filing this lawsuit, Defendant(s) must raise the issue in a motion for summary judgment filed no later than 45 days from the date of this Order. All discovery is stayed until the Court resolves any exhaustion issues. If Defendant(s) do(es) not intend to pursue an exhaustion defense, the Defendant(s) should PROMPTLY file a notice so stating. Summary Judgment Motion due by 7/10/2023. Signed by Honorable Christy D. Comstock on May 24, 2023. (awl) |
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| Monday, May 22, 2023 | ||
| 14 | 14
answer
Answer to Amended Complaint
Mon 05/22 11:15 AM
ANSWER to7 Amended Complaint with Jury Demand by Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise.(Newell, Aaron) |
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| Tuesday, May 16, 2023 | ||
| 13 | 13
service
Summons Returned Executed
Tue 05/16 2:06 PM
SUMMONS Returned Executed by Jacob James Townsend. Sergeant Gully served on 5/1/2023, answer due 5/22/2023; Hickey served on 5/1/2023, answer due 5/22/2023; Sergeant Merchant served on 5/1/2023, answer due 5/22/2023; James Singleton served on 5/1/2023, answer due 5/22/2023; James Wise served on 5/1/2023, answer due 5/22/2023. (jlm) |
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| Friday, April 21, 2023 | ||
| 12 | 12
service
Summons Reissued
Fri 04/21 3:22 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Reissued as to Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise and USM285 Forms delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 7 Amended Complaint, 4 Magistrate Notice/Consent Form 11 Order Directing Service.(mll) |
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| 11 | 11
2
pgs
order
Order Directing Service
Fri 04/21 2:55 PM
SECOND ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise and granting 21 days to answer. Signed by Honorable Christy D. Comstock on April 21, 2023. (cc: U.S. Marshals Service)(mll) |
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| Thursday, April 20, 2023 | ||
| 10 | 10
service
Summons Returned Unexecuted
Thu 04/20 11:19 AM
Summons Returned Unexecuted by Jacob James Townsend as to Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise.(mll) |
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| Monday, March 20, 2023 | ||
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utility
Memo of Reassignment
Mon 03/20 8:52 AM
TEXT ONLY MEMO OF REASSIGNMENT. Case referral reassigned to Honorable Christy D. Comstock. Honorable Barry A Bryant no longer assigned to the case. (src) |
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| Monday, February 27, 2023 | ||
| 9 | 9
service
Summons Issued
Mon 02/27 2:17 PM
THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise and USM285 Forms delivered to USMS for each defendant for whom summons was issued with the following documents attached: re 7 Amended Complaint, 4 Magistrate Notice/Consent Form, 8 Order Directing Service. (mll) |
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| 8 | 8
2
pgs
order
Order Directing Service
Mon 02/27 1:30 PM
ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Sergeant Gully, Hickey, Sergeant Merchant, James Singleton, James Wise and granting 21 days to answer. Signed by Honorable Barry A Bryant on 2/27/23. (cc: U.S. Marshals Service)(mll) |
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| Monday, February 06, 2023 | ||
| 7 | 7
cmp
Amended Complaint
Mon 02/06 1:42 PM
AMENDED COMPLAINT against James Wise, Hickey, James Singleton, Sergeant Merchant, John Doe, Sergeant Gully filed by Jacob James Townsend.(mll) |
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| Tuesday, January 24, 2023 | ||
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order
Order Regarding Complaint Deficiency - TEXT ONLY
Tue 01/24 1:30 PM
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 2/14/2023. Signed by Honorable Barry A Bryant on January 24, 2023. (awl) |
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| Monday, January 23, 2023 | ||
| 5 | 5
misc
Clerk's Order PLRA Initial Fee
Mon 01/23 4:00 PM
CLERK'S ORDER re PLRA Initial Fee directing ADC - Varner Unit to collect from petitioner's prison account an initial partial filing fee of $44.50; 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; Fiscal Manager, AR Department of Community Correction, Warden, Varner Unit).(mll) |
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| 4 | 4
notice
Magistrate Notice/Consent Form
Mon 01/23 3:57 PM
Magistrate Notice/Consent Form.(mll) |
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| 3 | 3
1
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis (42:1983)
Mon 01/23 3:53 PM
ORDER granting2 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 January 23, 2023.(mll) |
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| 2 | 2
motion
Proceed In Forma Pauperis (42:1983)
Mon 01/23 3:38 PM
MOTION for Leave to Proceed in forma pauperis (42:1983) by Jacob James Townsend. Motions referred to Barry A Bryant.(mll) |
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| 1 | 1
cmp
Complaint Referred (42:1983)
Mon 01/23 3:36 PM
COMPLAINT REFERRED (42:1983) against John Doe #1 and #2, Sergeant Gully, Hickey, Sergeant Merchant filed by Jacob James Townsend.(mll) |
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