Smith v. Welch et al
Plaintiff: Da'Quantae Delane Smith
Defendant: Shane Courtney, Fayette County Detention Center and Billy Welch
Case Number: 5:2020cv00337
Filed: August 3, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Joseph M Hood
Referring Judge: P SO
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2020 Filing 16 MOTION for Order for the Jails Custodian to turn over the hand held recording, filed by Da'Quantae Delane Smith, Pro Se. Motions referred to P SO. (Attachments: #1 Exhibit - Copy of Motion filed on 08/18/2020 #8 , #2 Envelope postmarked 09/23/2020) (MDC)
September 25, 2020 ***MOTION SUBMITTED TO CHAMBERS of P SO for review: re #16 MOTION for Order by Da'Quantae Delane Smith, Pro Se. (MDC)
September 15, 2020 Opinion or Order Filing 15 ORDER: 1) Smith's #13 Motion for Leave to Proceed in forma pauperis is DENIED as moot; 2) This matter remains submitted for initial screening. Signed by Judge Joseph M. Hood on 09/15/2020. (MDC) cc: COR and Da'Quantae Delane Smith by US Mail
September 14, 2020 Filing 14 Prisoner Trust Fund Account Statement by Da'Quantae Delane Smith. ** Seems be a duplicate of R #11 ** (MDC)
September 14, 2020 Filing 13 MOTION/APPLICATION to proceed without prepaying fees or costs filed by Da'Quantae Delane Smith, Pro Se. Motions referred to P SO. (Attachments: #1 Exhibit miscellaneous of documents)** Seems be a duplicate of R #10 . ** (MDC) (Additional attachment(s) added on 9/14/2020: #2 Envelope postmarked 09/10/2020) (MDC).
September 14, 2020 Opinion or Order Filing 12 ORDER: 1. Smith's #10 Motion for Leave to Proceed in forma pauperis is GRANTED. Payment of the $50 administrative fee is WAIVED. Smith must pay the$350.00 filing fee in the manner set forth below; 2. Payment of the initial parties filing fee is WAIVED; 3. The Clerk of Court shall open an account in Smith's name for receipt of the filing fee. The Clerk shall complete aNotice of Payment Form [E.D. Ky. 525 Form] with: (a) Smith's name; (b) his inmate registration number; and (c) this case number. The Clerk shall then send a copy of this Order and the Notice of Payment Form to the Warden of the institution where Smith is confined; 4. Once Smith pays the initial partial filing fee, his custodian shall send the Clerk of this Court a payment each month from his inmate trust fund account. The payment should be in an amount equal to 20% of Smith's income from the preceding month. However, the custodian shall only send a monthly payment if the amount in Smiths account exceeds $10.00. Ultimately, the custodian shall continue the monthly payments until Smith's entire $350.00 filing fee is paid; 5. Smith must keep the Clerks Office apprised of any change of his address. Smith is cautioned that if he fails to notify the Clerk's Office of a change in his address, his case may bedismissed; 6. This matter now stands submitted for initial screening. Signed by Judge Joseph M. Hood on 9/14/2020. (KM)cc: COR, Finance, Da'Quantae Delane Smith by US Mail, FCDC Warden by US mail with Notice of Payment Form (Additional attachment(s) added on 9/14/2020: #1 EDKY 523 Form) (KM).
September 14, 2020 ***MOTION SUBMITTED TO CHAMBERS of P SO for review: re #13 MOTION for Leave to Proceed in forma pauperis by Da'Quantae Delane Smith, Pro Se. (MDC)
September 9, 2020 Filing 11 Prisoner Trust Fund Account Statement by Da'Quantae Delane Smith, Pro Se. (MDC)
September 9, 2020 Filing 10 MOTION/Application for Leave to Proceed in forma pauperis by Da'Quantae Delane Smith, Pro Se. Motions referred to P SO. (MDC)
September 9, 2020 ***MOTION SUBMITTED TO CHAMBERS of P SO for review: re #10 MOTION/Application for Leave to Proceed in forma pauperis by Da'Quantae Delane Smith, Pro Se. (MDC)
August 19, 2020 Opinion or Order Filing 9 ORDER: Smith's #8 motion for relief is DENIED W/OUT PREJUDICE; 2. As the Court previously explained (DE #7 ), Smith must cure his fee-related deficiency before his case may proceed. If Smith fails to do w/in time allotted, the Court will dismiss this action for failure to prosecute. Signed by Judge Joseph M. Hood on 8/19/2020. (SLH)cc: COR and Smith by US Mail
August 18, 2020 Filing 8 MOTION for Miscellaneous Relief re Violation of Constitutional Protected Rights, filed by Da'Quantae Delane Smith, Pro Se. Motions referred to P SO. (Attachments: #1 Envelope postmarked 08/14/2020)(MDC)
August 18, 2020 Opinion or Order Filing 7 ORDER: 1) Smith's #3 MOTION for Leave to Proceed in forma pauperis is DENIED without prejudice; 2) Clerk's Office to mark the assigned case number on an Affidavit of Assets/In Forma Pauperis Application and a Certificate of Inmate Account Form and send those forms to Smith; 3) If Smith wishes to pursue this action, he must either pay the $400.00 fees or properly seek leave to proceed IFP. 4) Smith must take these steps w/in 30 days from the entry of this Order or this action will be dismissed without prejudice. Signed by Judge Joseph M. Hood on 08/18/2020. (MDC) cc: COR and Da'Quantae Delane Smith by US Mail (Order + Forms)
August 18, 2020 ***MOTION SUBMITTED TO CHAMBERS of P SO for review: re #8 MOTION for Miscellaneous Relief re Violation of Constitutional Protected Rights, filed by Da'Quantae Delane Smith, Pro Se. (MDC)
August 10, 2020 Filing 6 NOTICE OF FILING Grievance Report by Da'Quantae Delane Smith. (Attachments: #1 Copies of documents previously filed)(JJ)
August 3, 2020 Filing 5 IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 Sample Caption Page)(MDC)
August 3, 2020 Filing 4 Prisoner Trust Fund Account Statement by Da'Quantae Delane Smith, Pro Se. (MDC)
August 3, 2020 Filing 3 MOTION/APPLICATION to Proceed in forma pauperis by Da'Quantae Delane Smith, Pro Se. Motions referred to P SO. (MDC)
August 3, 2020 Filing 1 COMPLAINT (NO PROCESS REQUESTED)., filed by Da'Quantae Delane Smith, Pro Se. (Attachments: #1 Envelope postmarked 07/30/2020)(MDC)
August 3, 2020 Conflict Check run. (MDC)
August 3, 2020 ***FILE SUBMITTED TO CHAMBERS of P SO for review: (MDC)

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Defendant: Shane Courtney
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Defendant: Fayette County Detention Center
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Defendant: Billy Welch
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Plaintiff: Da'Quantae Delane Smith
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