Dearing v. Trinity Food Group et al
Plaintiff: Dewayne Dearing
Defendant: The Mississippi State Penitentiary (M.S.P.), The Mississippi Department of Correction, Wilkinson County Correctional Facility and Trinity Food Group
Interested Party: Pro Se Department
Case Number: 5:2019cv00131
Filed: December 2, 2019
Court: US District Court for the Southern District of Mississippi
Presiding Judge: David C Bramlette
Referring Judge: Michael T Parker
Nature of Suit: Prisoner Petitions - Prison
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2020 Filing 10 Mail Returned as REFUSED as to #8 Order Setting Payment Schedule Opsp6. Mail sent to Dewayne Dearing. (Attachments: #1 Attachment -Incoming Mail Log) (LAT)
January 17, 2020 Filing 9 FINAL JUDGMENT dismissing case without prejudice. Signed by District Judge David C. Bramlette, III on 1/17/2020 (Copy mailed to plaintiff)(cwl)
January 17, 2020 Opinion or Order Filing 8 ORDER *RESTRICTED* denying #2 Motion for Leave to Proceed in forma pauperis and setting payment schedule as set forth in order.; *RESTRICTED* denying #7 Motion for Leave to Proceed in forma pauperis and setting payment schedule as set forth in order. IT IS THEREFORE ORDERED AND ADJUDGED that, for the reasons stated above, Dearings Motions #2 , #7 for Leave to Proceed In Forma Pauperis are DENIED. IT IS FURTHER ORDERED AND ADJUDGED that this case is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED AND ADJUDGED that Dearing is required to pay a monetary sanction in the amount of $50.00 for his repeated attempts to circumvent the three-strikes bar with frivolous allegations. Payment of the $50.00 sanction is due immediately to the United States District Court for the Southern District of Mississippi, c/o Clerk of Court, 501 E. Court St., suite 2.500, Jackson, MS 39201. Dearing is directed to submit a cover letter with his payment clearly stating that payment is for the sanction issued in civil action number 5:19-cv-131-DCB-MTP. IT IS FURTHER ORDERED AND ADJUDGED that Dearing is WARNED that future attempts to circumvent the three-strikes bar with frivolous or repetitive allegations will lead to the imposition of sanctions, including but not limited to increased monetary fines or restrictions on his ability to file pro se actions in this Court. A separate final judgment shall issue pursuant to Federal Rule of Civil Procedure 58. Signed by District Judge David C. Bramlette, III on 1/17/2020 (Copy mailed to plaintiff.) (cwl) Modified on 1/21/2020 (LAT). (Main Document 8 replaced on 1/21/2020) (LAT).
December 20, 2019 Filing 7 *RESTRICTED* MOTION for Leave to Proceed In Forma Pauperis by Dewayne Dearing. (Attachments: #1 Envelope)(LAT)
December 20, 2019 Filing 6 Acknowledgment of Receipt of Prisoner Litigation Reform Act and Amendments to MCA 47-5-138 as to #3 Order Opsp2, Acknowledgement filed by Dewayne Dearing. (Attachments: #1 Envelope)(LAT)
December 10, 2019 Filing 5 Mail Returned as Undeliverable/Not deliverable as adressed as to 12/03/2019 Staff note. Mail sent to Dewayne Dearing. (LAT)
December 5, 2019 Opinion or Order Filing 4 ORDER: The plaintiff shall file within 30 days of the date of this order a completed application for leave to proceed in forma pauperis, specifically the section entitled Certificate to Be Completed by Authorized Officer of prisoner accounts or file an affidavit specifically stating the name of the prison official contacted concerning the Certificate and why this information is not provided to this court. Signed by Magistrate Judge Michael T. Parker on 12/05/2019. [Copy of Order mailed to Plaintiff] (CS)
December 5, 2019 Opinion or Order Filing 3 ORDER: The Clerk is directed to mail to prisoner plaintiff a copy of notice of new law (PSP-1); Acknowledgment of Receipt and Certification (PSP-3); and form for voluntary dismissal (PSP-4). Plaintiff is directed to sign either the Acknowledgment (PSP-3) or Notice of Voluntary Dismissal (PSP-4) and return to Clerk within 30 days of the date of this order or case may be dismissed without prejudice. Order with packet of forms mailed to Plaintiff. Prisoner Petition Pleadings due by 1/6/2020. Signed by Magistrate Judge Michael T. Parker on 12/05/2019. (CS)
December 2, 2019 Filing 2 *RESTRICTED* MOTION for Leave to Proceed In Forma Pauperis by Dewayne Dearing. (Attachments: #1 Envelope)(LAT)
December 2, 2019 Filing 1 COMPLAINT against The Mississippi Department of Correction, The Mississippi State Penitentiary (M.S.P.), Trinity Food Group, Wilkinson County Correctional Facility, filed by Dewayne Dearing. (Attachments: #1 Attachment -Various Documents, #2 Envelope, #3 Notice of Assignment)(LAT)

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Defendant: The Mississippi State Penitentiary (M.S.P.)
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Defendant: The Mississippi Department of Correction
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Defendant: Wilkinson County Correctional Facility
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Defendant: Trinity Food Group
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Plaintiff: Dewayne Dearing
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Interested party: Pro Se Department
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