Murphy v. Stone et al
| Keith Jermaine Murphy |
| Unknown Black Officer, Officer Tyler Pilgrim, Deputy Sheriff Pena, Deputy Anderson, Officer Stone, Unknown Black Doctor, Officer Ramsey, Keith McBrayer and Deputy Bishop |
| 1:2020cv02414 |
| June 4, 2020 |
| US District Court for the Northern District of Georgia |
| Timothy C Batten |
| Russell G Vineyard |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 14
ORDER directing the Clerk to prepare a service waiver package for each Defendant. Upon receipt of the forms, the Clerk is DIRECTED to prepare service waiver packages for defendants. In the event a Defendant does not return the Waiver of Service form to the Clerk of Court within 35 days following the date the service waiver package was mailed, the Clerk is DIRECTED to prepare and transmit to the U.S. Marshal's Service a service package for each Defendant who failed to return the waiver form. Forms sent to party: USM 285; Summons. Additionally, plaintiff's motion for appointment of counsel, #12 , is DENIED. Signed by Magistrate Judge Russell G. Vineyard on 7/30/2020. (dmb)
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| Clerk's Certificate of Mailing as to Keith Jermaine Murphy re #14 Order, Forms Sent. (dmb) |
| Clerk's Certificate of Mailing as to Keith Jermaine Murphy re #13 Order on Report and Recommendation. (dmb) |
| Submission of #13 Order on Report and Recommendation to Magistrate Judge Russell G. Vineyard. (dmb) |
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Filing 13
ORDER adopting #9 Non-Final Report and Recommendation. Murphy's excessive force and medical deliberate indifference claims against Officer Stone, failure to intervene claims against Officers Pilgrim and Ramsey, and his state law claims against Officer Stone may proceed, but his false arrest, false imprisonment, and malicious prosecution claims are dismissed for failure to state a claim. This action is returned to the magistrate judge for further proceedings, including the issuance of an order regarding service of process and consideration of Murphy's motion #12 for the appointment of counsel. Signed by Judge Timothy C. Batten, Sr. on 7/28/2020. (dmb)
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| Submission of #9 REPORT AND RECOMMENDATION re #7 Amended Complaint, filed by Keith Jermaine Murphy to District Judge Timothy C. Batten Sr. (dmb) |
| Partial Filing Fee Paid: $ 10.60, receipt number 122951. (tcc) |
| Filing 12 MOTION for Appointment of Counsel by Keith Jermaine Murphy. (ddm) |
| Clerk's Certificate of Mailing as to Keith Jermaine Murphy re #11 Notice (Other). (dmb) |
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Filing 11
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (mmc) (ADI)
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| Clerk's Certificate of Mailing as to Keith Jermaine Murphy and Henry County Sheriff's Office re #9 REPORT AND RECOMMENDATION re #7 Amended Complaint, filed by Keith Jermaine Murphy, #10 Order for Service of Report and Recommendation. (dmb) |
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Filing 10
ORDER for Service of #9 Report and Recommendation,,,, by Magistrate Judge Russell G. Vineyard. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Russell G. Vineyard on 7/9/2020. (dmb)
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Filing 9
ORDER AND NON FINAL REPORT AND RECOMMENDATION recommending that plaintiffs excessive force and medical deliberate indifference claims and his state law claims against Officer Stone be allowed to proceed, but that his false arrest, false imprisonment, and malicious prosecution claims be DISMISSED for failure to state a claim in #7 Amended Complaint. IT IS FURTHER RECOMMENDED that this action be returned to the undersigned for further proceedings. The Clerk SHALL transmit a copy of this Order to the Sheriff of Henry County, Georgia. The Sheriff, or his designee, shall collect the aforesaid $10.60 initial, partial filing fee as well as the monthly payments from plaintiffs inmate account and remit such payments to the Clerk of the United States District Court for the Northern District of Georgia until the $350.00 filing fee is paid in full. The Clerk of Court is further DIRECTED to correct the docket to reflect that Henry County Police Department Officers Tyler Pilgrim, Stone, and Ramsey are the only named defendants in this action. Signed by Magistrate Judge Russell G. Vineyard on 7/9/2020. (dmb)
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ORDER GRANTING In Forma Pauperis, allowing case to proceed as any other civil action. Plaintiff is allowded to proceed IFP, however, Plaintiff is obligated to pay $350.00 as funds are deposited into Inmate account. The Warden or the designee shall collect the monthly payments and remit to Clerk until $350.00 is paid in full. Signed by Magistrate Judge Russell G. Vineyard on 7/9/2020. (dmb)
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| Clerk's Certificate of Mailing as to Keith Jermaine Murphy re #6 Notice (Other). (dmb) |
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Filing 6
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (ddm) (ADI)
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| Filing 8 Affidavit and Authorization for withdrawal from Inmate Account by Keith Jermaine Murphy. (ah) |
| Filing 7 AMENDED COMPLAINT against Officer Tyler Pilgrim, Officer Ramsey and Officer Stone filed by Keith Jermaine Murphy.(ah) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Submission of #3 Order, Set Submission Deadlineto Magistrate Judge Russell G. Vineyard. (dmb) |
| Filing 5 Notice of Filing Power of Attorney by Keith Jermaine Murphy. (ddm) |
| Submission of #4 Affidavit and Authorization for withdrawal from Inmate Account, to Magistrate Judge Russell G. Vineyard. (bdb) |
| Forms sent to party: Affidavit and Authorization; 42:1983 Forms; (dmb) |
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Filing 3
ORDER directing Plaintiff to amend complaint within 30 days of the entry date of this order with the ful filing fee or financial affidavit seeking leave to proceed in forma pauperis along with a certified copy of his inmate account statement for the preceding 6 months. The Clerk of the Court is DIRECTED to stamp the civil action number on a standard 42 U.S.C. 1983 civil action form and forward the form and the appropriate financial affidavit to plaintiff, together with a copy of this Order. The Clerk is further DIRECTED to mail a copy of this Order to the Henry County Sheriffs Office and to resubmit this action to the assigned Magistrate Judge upon receipt of the amended complaint and full filing and administrative fee or affidavit. Signed by Magistrate Judge Russell G. Vineyard on 6/9/2020. (dmb)
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| Clerk's Certificate of Mailing as to Keith Jermaine Murphy and the Henry County Sheriff's Office re #3 Order. (dmb) |
| Filing 4 Affidavit and Authorization for withdrawal from Inmate Account by Keith Jermaine Murphy. (Attachments: #1 Residence Transaction Details, #2 Letter with Envelope)(bdb) |
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Filing 2
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 5/26/20. (eop)
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| Clerk's Certificate of Mailing as to Keith Jermaine Murphy re #2 Order. (eop) |
| Submission of #1 Complaint for IFP and Frivolity determination, to Magistrate Judge Russell G. Vineyard. (eop) |
| Filing 1 COMPLAINT filed by Keith Jermaine Murphy. (Attachments: #1 Exhibit -Letter, #2 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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