JOHNSON v. SMITH et al
Plaintiff: KENNETH JOHNSON
Defendant: UNKNOWN DETENTION TACTICAL TEAM OFFICERS and OFFICER J. SMITH
Case Number: 1:2021cv00013
Filed: January 5, 2021
Court: US District Court for the Middle District of North Carolina
Presiding Judge: L PATRICK AULD
Referring Judge: LORETTA C BIGGS
Nature of Suit: Habeas Corpus (Prison Condition)
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2021 Opinion or Order Filing 3 ORDER signed by MAG/JUDGE L. PATRICK AULD on 1/6/2021; that Plaintiff in the above-named action be, and is hereby, permitted to file and prosecute said action in this Court without prepayment of fees or giving security therefor, subject to the conditions set forth below. FURTHER ORDERED that, as a condition of Plaintiff's proceeding in forma pauperis, Plaintiff shall, within sixty (60) days after the date of this Order, submit to the Clerk an initial payment of $5.53 (which represents 20% of the greater of the average monthly deposits into or the balance in Plaintiff's account for the 6-month period immediately preceding filing of this complaint). FURTHER ORDERED that, as a condition of Plaintiff's proceeding in forma pauperis, Plaintiff's trust officer shall be directed to pay to the Clerk of this Court 20% of all deposits to his account starting with the month of February of 2021, and thereafter each time that the amount in the account exceeds $10.00 until the $350.00 filing fee has been paid. FURTHER ORDERED that all payments deducted in relation to this case shall be designated as made in payment of the filing fee for Civil Action No. 1:21CV13, and shall be paid to the Clerk, U.S. District Court for the Middle District of North Carolina. In the event Plaintiff is transferred to another institution, the balance due shall be collected and paid to the Clerk by the custodian at Plaintiff's next institution. A copy of this Order shall be sent to Plaintiff's current custodian. FURTHER ORDERED that this action be filed, but that further proceedings and service of summons be stayed until Plaintiff has either (1) submitted to the Court the initial payment noted above, or (2) in the alternative has submitted a motion for relief from the stay, and a statement made under penalty of perjury that he has not had access to any funds for the initial payment noted above for the 60-day period. FAILURE TO COMPLY WITH THIS ORDER IN A TIMELY MANNER WILL RESULT IN DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PLAINTIFF. (Hicks, Samantha)
January 5, 2021 Opinion or Order Filing 2 COMPLAINT against All Defendants, filed by KENNETH JOHNSON. (Attachments: #1 Envelope - Front and Back) (Hicks, Samantha)
January 5, 2021 Opinion or Order Filing 1 APPLICATION to Proceed IFP by KENNETH JOHNSON. (Hicks, Samantha)
January 5, 2021 Opinion or Order Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE L. PATRICK AULD. (Hicks, Samantha)
January 5, 2021 Opinion or Order CASE REFERRED for Screening. (Hicks, Samantha)

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Plaintiff: KENNETH JOHNSON
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Defendant: UNKNOWN DETENTION TACTICAL TEAM OFFICERS
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Defendant: OFFICER J. SMITH
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