Smith v. Welch et al
| Da'Quantae Delane Smith |
| Shane Courtney, Fayette County Detention Center and Billy Welch |
| 5:2020cv00337 |
| August 3, 2020 |
| US District Court for the Eastern District of Kentucky |
| Joseph M Hood |
| P SO |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Document Text |
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| 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) |
| ***MOTION SUBMITTED TO CHAMBERS of P SO for review: re #16 MOTION for Order by Da'Quantae Delane Smith, Pro Se. (MDC) |
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
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| Filing 14 Prisoner Trust Fund Account Statement by Da'Quantae Delane Smith. ** Seems be a duplicate of R #11 ** (MDC) |
| 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). |
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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).
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| ***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) |
| Filing 11 Prisoner Trust Fund Account Statement by Da'Quantae Delane Smith, Pro Se. (MDC) |
| Filing 10 MOTION/Application for Leave to Proceed in forma pauperis by Da'Quantae Delane Smith, Pro Se. Motions referred to P SO. (MDC) |
| ***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) |
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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
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| 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) |
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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)
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| ***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) |
| Filing 6 NOTICE OF FILING Grievance Report by Da'Quantae Delane Smith. (Attachments: #1 Copies of documents previously filed)(JJ) |
| 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) |
| Filing 4 Prisoner Trust Fund Account Statement by Da'Quantae Delane Smith, Pro Se. (MDC) |
| Filing 3 MOTION/APPLICATION to Proceed in forma pauperis by Da'Quantae Delane Smith, Pro Se. Motions referred to P SO. (MDC) |
| Filing 1 COMPLAINT (NO PROCESS REQUESTED)., filed by Da'Quantae Delane Smith, Pro Se. (Attachments: #1 Envelope postmarked 07/30/2020)(MDC) |
| Conflict Check run. (MDC) |
| ***FILE SUBMITTED TO CHAMBERS of P SO for review: (MDC) |
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