Collins v. Musselwhite

United States District Court for the Eastern District of Arkansas

Collins v. Musselwhite

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

TYRONE COLLINS, PLAINTIFF ADC #111854

v. 3:20CV00139-JM-JTK

GARY MUSSELWHITE, et al. DEFENDANTS

ORDER Pursuant to the Court’s July 15, 2020 Order (Doc. No. 12), Plaintiff shall file an Amended Complaint within thirty days of the date of this Order. This Amended Complaint should set forth one claim (referring to one incident) against the named Defendants involved, which he wishes to pursue in this case. (His other claims should be set forth in separate lawsuits.) Plaintiff is cautioned that an Amended Complaint renders his original Complaint without legal effect.1 Only claims properly set out in the Amended Complaint will be allowed to proceed. Plaintiff=s Amended Complaint should: 1) name all the parties he believes deprived him of his constitutional rights and whom he wishes to sue in this action; 2) provide specific facts against each named Defendant in a simple, concise, and direct manner; 3) indicate whether he is suing each Defendant in his/her individual or official capacity, or in both capacities; and 4) state how he was harmed. Plaintiff must set forth specific facts concerning the allegations he has set forth including, where applicable, dates, times and places.

1AAn amended complaint >ordinarily supersedes the original and renders it of no legal effect.=@ In Home Health, Inc. v. Prudential Ins. Co. Of America,

101 F.3d 600, 603

(8th Cir. 1996), (quoting International Controls Corp. v. Vesco,

556 F.2d 665, 668

(2d Cir. 1994) (other citations omitted)).

1 The Clerk shall mail Plaintiff the Court-provided

42 U.S.C. § 1983

Complaint form. Upon the filing of the Amended Complaint, the Clerk shall resubmit this action to the Court for review pursuant to

28 U.S.C. §1915

(e). Plaintiff's failure to comply with the Court's instructions may result in the dismissal of this action for failure to prosecute. See Local Rule 5.5(c)(2). IT IS SO ORDERED this 20" day of July, 2020.

JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE

Reference

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