Jacobson v. NaphCare Inc. et al
| David Otto Jacobson |
| Naph Care Inc., Medical Director at Fulton County Jail, John Does (I-III), Jane Does (I-VIII), Fulton County Jail Employees, John Does 2 (IV -X), Jane Does 2 (IX -XVI), Municipality Fulton County Sheriffs Department, Municipality Fulton County Jail, Earmart Inc, NaphCare Inc., Fulton County Board of Commissioners, Earmart Inc., Fulton County and Fulton County Sheriff's Office |
| 1:2021cv03632 |
| August 31, 2021 |
| US District Court for the Northern District of Georgia |
| Regina D Cannon |
| Charles A Pannell |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 27, 2021. A more recent docket listing may be available from PACER.
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| Filing 23 CERTIFICATE OF SERVICE regarding discovery requests by David Otto Jacobson.(vs) |
| Submission of #18 REPORT AND RECOMMENDATION re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by David Otto Jacobson, #7 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED MOTION for Prelim, to District Judge Charles A. Pannell Jr.. (vs) |
| Filing 24 Letter RESPONSE re #11 Order filed by David Otto Jacobson. (vs) |
| Filing 22 AMENDED COMPLAINT against NaphCare Inc, et al. with Jury Demand filed by David Otto Jacobson.(cmd) 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. |
| Clerk's Certificate of Mailing as to David Otto Jacobson re #21 Order. mailed 10/25/2021 (adg) Modified on 10/25/2021 (ah). |
Filing 21
ORDER AFFIRMING #10 Order Adopting Report and Recommendation. Signed by Judge Charles A. Pannell, Jr. on 10/6/2021. (adg)
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| Filing 20 OBJECTIONS to #4 Non-Final Report and Recommendation filed by David Otto Jacobson. (tcc) |
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Filing 19
ORDER for Service of #18 Report and Recommendation by Magistrate Judge Regina D Cannon. 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 Regina D Cannon on 10/1/2021. (adg)
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Filing 18
NON-FINAL REPORT AND RECOMMENDATION that Plaintiff be allowed to proceed on his medical and medical-diet deliberate indifference claims against NaphCare, Earmart, Fulton County, the Fulton County Sheriff's Office, and the Fulton County Board ofCommissioners and that all remaining claims and potential defendants be DISMISSED without prejudice re #8 Amended Complaint. IT IS RECOMMENDED that Plaintiff's #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and #7 MOTION for Temporary Restraining Order / MOTION for Preliminary Injunction be DENIED. IT IS FURTHER RECOMMENDED that this action be returned to the undersigned for further proceedings, including providing direction on service of process. Signed by Magistrate Judge Regina D Cannon on 10/1/2021. (adg)
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ORDER DENYING #12 Motion for Joinder; DENYING without prejudice #13 Motion to Appoint Counsel ; DENYING as moot #14 Motion for Extension of Time. Ruled on by Magistrate Judge Regina D Cannon on 10/1/2021 (See #18 R&R). (adg)
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| Clerk's Certificate of Mailing as to David Otto Jacobson re #18 REPORT AND RECOMMENDATION, Order on Motion for Joinder, Order on Motion to Appoint Counsel, Order on Motion for Extension of Time, #19 Order for Service of Report and Recommendation. (adg) |
| Filing 17 CERTIFICATE OF SERVICE Request for Production of Documents filed by David Otto Jacobson (Attachments: #1 Envelope)(cmd) |
| Filing 16 CERTIFICATE OF SERVICE Writ of Habeas Corpus filed by David Otto Jacobson (cmd) |
| Filing 15 CERTIFICATE OF SERVICE Plaintiff's Objections and Attachments filed by David Otto Jacobson. (cmd) |
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Filing 11
ORDER - IT IS ORDERED that Plaintiff's request to proceed in forma pauperis [Doc. #9 ] is GRANTED, and Plaintiff shall be allowed to proceed without paying an initial partial filing fee. Plaintiff is ADVISED that his action will be subject to dismissal under Local Rule 41.3 if he does not keep the Clerk of Court advised of his current address at all times while this action is pending. IT IS FURTHER ORDERED that: 1. The Clerk of the Court transmit a copy of this Order to the warden of the institution where Plaintiff is incarcerated; 2. The warden of the institution, or his designee, shall collect the aforesaid monthly payments from Plaintiff's 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; and 3. Service of process shall not issue until further consideration of the complaint under 28 U.S.C. 1915A. Signed by Magistrate Judge Regina D Cannon on 9/28/2021. (tcc)
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Filing 10
ORDER - The court HEREBY ADOPTS the #4 Non-Final Report and Recommendation, and the #3 Motion for Emergency Temporary Restraining Order (Imminent Danger) is DENIED without prejudice. The court notes that the plaintiff has now filed an amended complaint [Doc. No. #8 ] and a second motion for preliminary injunctive relief [Doc. No. #9 ]. Those filings have been submitted to the magistrate judge for review. Signed by Judge Charles A. Pannell, Jr. on 9/28/2021. (tcc)
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| Clerk's Certificate of Mailing as to David Otto Jacobson re #10 Order. (tcc) |
| Clerk's Certificate of Mailing as to David Otto Jacobson, Sheriff Patick Labat re #11 Order. (tcc) |
| Submission of #4 Order ruling on IFP, #8 Amended Complaint, #9 APPLICATION for Leave to Proceed in forma pauperis, to Magistrate Judge Regina D Cannon. (tcc) |
| Submission of #4 NON-FINAL REPORT AND RECOMMENDATION re #3 MOTION for Temporary Restraining Order filed by David Otto Jacobson, to District Judge Charles A. Pannell Jr.. (tcc) |
| Filing 14 MOTION for Extension of Time by David Otto Jacobson. (cmd) |
| Filing 13 MOTION to Appoint Counsel by David Otto Jacobson. (cmd) |
| Filing 12 MOTION for Joinder by David Otto Jacobson. (cmd) |
| Submission of #7 EMERGENCY MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED to District Judge Charles A. Pannell, Jr. (cmd) |
| Submission of #7 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED to Magistrate Judge Regina D Cannon. (sap) |
| Filing 9 APPLICATION for Leave to Proceed in forma pauperis by David Otto Jacobson. (cmd) |
| Filing 8 AMENDED COMPLAINT against Earmart Inc, Naph Care Inc., Fulton County, Fulton County Sheriff's Office with Jury Demand filed by David Otto Jacobson.(cmd) 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. |
| Filing 7 EMERGENCY MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, MOTION for Preliminary Injunction by David Otto Jacobson. (cmd) |
| Filing 6 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by David Otto Jacobson. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(adg) |
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Filing 5
ORDER for Service of #4 Report and Recommendation by Magistrate Judge Regina D Cannon. 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 Regina D Cannon on 9/8/2021. (tcc)
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Filing 4
NON-FINAL REPORT AND RECOMMENDATION RECOMMENDING that Plaintiff's motion for an emergency temporary restraining order [Doc. #3 ] be DENIED without prejudice. Signed by Magistrate Judge Regina D Cannon on 9/8/2021. (tcc)
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(Ruled on in #4 Non-Final R&R) ORDER - If Plaintiff does not choose to voluntarily dismiss this action, IT IS ORDERED that Plaintiff must, within THIRTY (30) DAYS of the entry date of this Order, submit an amended complaint. SEE ORDER FOR DIRECTIONS. IT IS FURTHER ORDERED that Plaintiff's application for leave to proceed in forma pauperis [Doc. #2 ] is DENIED without prejudice and that Plaintiff must, within THIRTY (30) DAYS of the entry date of this Order, pay the $402.00 filing and administrative fees or submit a properly completed in forma pauperis affidavit, using the form provided by the Clerk of Court. The Clerk of this Court is DIRECTED to forward Plaintiff a financial affidavit form and a prisoner civil rights complaint form. The Clerk is further DIRECTED to RESUBMIT this action to the undersigned Magistrate Judge upon the expiration of the aforementioned time period. Signed by Magistrate Judge Regina D Cannon on 9/8/2021. (tcc)
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| Clerk's Certificate of Mailing as to David Otto Jacobson re #5 Order for Service of Report and Recommendation, #4 REPORT AND RECOMMENDATION, Forms sent to party: Affidavit and Authorization; 42:1983 Forms. (tcc) |
| Submission of #2 APPLICATION for Leave to Proceed in Forma Pauperis and Frivolity determination; and #3 MOTION for Emergency Temporary Restraining Order, to Magistrate Judge Regina D Cannon. (eop) |
| Filing 3 MOTION for Emergency Temporary Restraining Order (Imminent Danger) by David Otto Jacobson. (eop) |
| Filing 2 APPLICATION for Leave to Proceed in Forma Pauperis by David Otto Jacobson. (eop) |
| Filing 1 COMPLAINT with Jury Demand filed by David Otto Jacobson. (Attachments: #1 Complaint -Part 2, #2 Civil Cover Sheet, #3 Exhibit -Letter)(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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