Prescott v. Chatham County Detention Center et al
| Mose Prescott, Jr. |
| Chatham County Detention Center and Sheriff John T. Wilcher |
| 4:2023cv00277 |
| September 25, 2023 |
| US District Court for the Southern District of Georgia |
| J Randal Hall |
| Christopher L Ray |
| Prisoner - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing fee: $ 22.40, receipt number 400001129. (loh) |
Filing 8
REPORT AND RECOMMENDATIONS that Prescott's #7 Amended Complaint should be dismissed for his disregard of the Court's Order. Objections to R&R due by 11/15/2023. Signed by Magistrate Judge Christopher L. Ray on 11/01/2023. (Attachment: #1 1983 Complaint Form.) (jlh)
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| Filing 7 AMENDED COMPLAINT against All Defendants, filed by Mose Prescott, Jr.(ca) |
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Filing 6
REPORT AND RECOMMENDATIONS that defendant Chatham County Detention Center should be dismissed re #1 Complaint filed by Mose Prescott, Jr. (Objections to R&R due by 10/26/2023). ORDER Directing Monthly Payments be made from Prison Account of Mose Prescott, Jr. Prescott is DIRECTED to submit an Amended Complaint clarifying his allegations of interference with his mail by no later than November 3, 2023. To facilitate his preparation of the Amended Complaint, the Clerk is DIRECTED to send him a blank Form Pro Se 14 (Complaint for Violation of Civil Rights (Prisoner)). Finally, Plaintiff is DIRECTED that he must include the following language in any future filing: I [Plaintiffs Name] declare under penalty of perjury that [name of person who assisted in preparing the document] assisted me in preparing this pleading, written motion, or other paper. I understand that the person identified above is not a lawyer and that, by signing it, I certify to the best of my knowledge, information, or belief, formed after an inquiry reasonable under the circumstances that (1) it is not being presented for any improper purpose; (2) the legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law; (3) the factual contentions have evidentiary support, or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information. Alternatively, if Plaintiff prepares the filing himself: I [Plaintiffs Name] declare under penalty of perjury that I prepared this pleading, written motion, or other paper myself and no other individual assisted me. Plaintiff is advised that failure to include the language provided above will be construed as failure to comply with a court order and his case may be dismissed. See Fed. R. Civ. P. 41(b). The Clerk is DIRECTED to send this Order to plaintiffs account custodian immediately, as this payment directive is nondispositive within the meaning of Fed. R. Civ. P. 72(a), so no Rule 72(b) adoption is required. Signed by Magistrate Judge Christopher L. Ray on 10/12/23. (wwp) Modified on 10/12/2023 (thb).
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| Set/Reset Deadlines: Amended Pleadings due by 11/3/2023. (wwp) |
| Filing 5 Prisoner Trust Fund Account Statement by Mose Prescott, Jr. (jlh) |
| Filing 4 CONSENT by Prisoner Mose Prescott, Jr. to collection of fees. (jlh) |
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Filing 3
ORDER granting re #2 Motion for Leave to Proceed in forma pauperis. Plaintiff must return both the Prisoner Trust Account Statement and the Consent to Collection of Fees from Trust Account to the Clerk within fourteen days of the date this Order is served. PLRA due by 10/9/2023. Signed by Magistrate Judge Christopher L. Ray on 9/25/23. (loh)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis, by Mose Prescott, Jr. Responses due by 10/10/2023. REFERRED to Judge Christopher L. Ray. (jlh) |
| Filing 1 COMPLAINT against Chatham County Detention Center and John T. Wilcher, filed by Mose Prescott, Jr. (jlh) |
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