Allen v. State of Georgia et al
| Devner Fenton Allen |
| State of Georgia, Dr. Sharma, Deputy Warden of Sec Powell, Counselor Lane, Counselor Brown, Nurse Adair, DWCT Thorton, Dr. Bumstine, United State of America and Dr. Fowlkes |
| 4:2018cv00182 |
| August 13, 2018 |
| US District Court for the Northern District of Georgia |
| Butts |
| Walter E Johnson |
| Harold L Murphy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on October 5, 2018. A more recent docket listing may be available from PACER.
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Filing 7
ORDER directing the Clerk to file the attached communication and this Order Under Seal. This case is closed, and Plaintiff should not continue to attempt to file documents in this action. Signed by Judge Harold L. Murphy on 10/5/2018. (dob) (Additional attachment(s) added on 10/5/2018: #1 Sealed Communication) (dob).
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| Clerk's Certificate of Mailing as to Devner Fenton Allen re #7 Order. (dob) |
| Filing 6 CLERK'S JUDGMENT entered dismissing without prejudice as frivolous pursuant to 28:1915(g), or alternatively, pursuant to 28:1915(e). (dob)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
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Filing 5
ORDER adopting #3 Final Report and Recommendation; dismissing this action without prejudice pursuant to 28:1915(g) or alternatively as factually frivolous pursuant to 28:1915(e). Signed by Judge Harold L. Murphy on 9/20/2018. (dob)
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| Clerk's Certificate of Mailing as to Devner Fenton Allen re #5 Order on Final Report and Recommendation, #6 Clerk's Judgment. (dob) |
| Civil Case Terminated. (dob) |
| Submission of #3 FINAL REPORT AND RECOMMENDATION re #1 Complaint, filed by Devner Fenton Allen, to District Judge Harold L. Murphy. (dob) |
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Filing 4
ORDER for Service of #3 Final Report and Recommendation, by Magistrate Judge Walter E. Johnson. 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 Walter E. Johnson on 8/29/18. (klb)
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| Filing 3 FINAL REPORT AND RECOMMENDATION - The undesigned RECOMMENDS that this case be DISMISSED WITHOUT PREJUDICE. See Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (per curiam) (the proper procedure is for the district court to dismiss the complaint without prejudice when it denies the prisoner leave to proceed [IFP] pursuant to the three strikes provisions of 1915(g)). Even if the Court were to conclude that Mr. Allen adequately alleged a present imminent danger of serious physical harm, the undersigned would, as in Allen v. Blakely, RECOMMEND IN THE ALTERNATIVE that this lawsuit be dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(i). The Clerk is DIRECTED to terminate the referral of this case to the undersigned. Signed by Magistrate Judge Walter E. Johnson on 8/29/18. (klb) |
| Clerk's Certificate of Mailing as to Devner Fenton Allen re #3 FINAL REPORT AND RECOMMENDATION and #4 Order for Service of Final Report and Recommendation. (klb) |
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ORDER DENYING In Forma Pauperis (found in text of Final Report & Recommendation). Signed by Magistrate Judge Walter E. Johnson on 8/29/18. (klb)
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| Filing 2 Affidavit and Authorization for withdrawal from Inmate Account by Devner Fenton Allen. (dob) |
| Filing 1 COMPLAINT filed by Devner Fenton Allen. (Received in 2 envelopes) (Attachments: #1 Part 2)(dob) 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. (Additional attachment(s) added on 8/13/2018: #2 Civil Cover Sheet) (dob). |
| Submission of #1 Complaint, #2 Affidavit and Authorization for withdrawal from Inmate Account, to Magistrate Judge Walter E. Johnson. (dob) |
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