Peeples v. Conley
| Kavin Lee Peeples |
| David C. Conley |
| 1:2022cv00622 |
| October 25, 2022 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Stephanie K Bowman |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.
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Filing 21
MOTION for Leave to File Declaration on Statement of Imminent Danger of Serious Physical Harm by Plaintiff Kavin Lee Peeples. (Attachments: #1 Declaration) (pb)
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Filing 20
MOTION for Leave to File Statement of Imminent Danger of Serious Physical Injury and Statement of Declaration (28 USC. 1915(G)) by Plaintiff Kavin Lee Peeples. (Attachments: #1 Appendix A - Statement of Imminent Danger and Memorandum in Support) (pb)
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Filing 19
ORDER - Consistent with the Report and Recommendation #18 , IT IS ORDERED: (1) The Order Granting Plaintiff In Forma Pauperis Status and Ordering the Collection of the Full Filing Fee in partial payments #11 is VACATED based upon the grounds set forth in the accompanying Report and Recommendation; (2) This case is STAYED until the earliest date on which the following occurs: (a) The presiding district judge rules upon the Report and Recommendation filed herewith; or (b) Plaintiff pre-pays the full filing fee required to commence this case. Signed by Magistrate Judge Stephanie K. Bowman on 12/22/2022. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 18
REPORT AND RECOMMENDATIONS re #10 Plaintiff's Motion for Temporary Restraining Order. IT IS RECOMMENDED THAT: (1) Plaintiff's application to proceed in forma pauperis should be DENIED based upon the fact that he has been deemed to be subject to the "three strike" provision of 28 U.S.C. 1915(g) and has failed to make the requisite showing of imminent danger; (2) In any pending case and in any future case in which Plaintiff seeks leave to proceed in forma pauperis, Plaintiff should be directed to file a notice disclosing that he has "three strikes" under 1915(g) and identifying all prior federal cases filed in any federal court; (3) Because Plaintiff is not entitled to pay only a partial filing fee under 28 U.S.C. 1915(b), Plaintiff should be ordered to pre-pay the full filing fee within 30 days in order to continue this litigation. If Plaintiff fails to timely pay the full filing fee as directed, this case should be dismissed with prejudice; (4) Plaintiff should be advised that the Court will dismiss with prejudice any future cases in which Plaintiff seeks in forma pauperis status without identifying previously-dismissed cases in accordance with Sloan v. Lesza, 181 F.3d 857 (7th Cir. 1999) and that he may be subjected to additional sanctions under Rule 11, Fed. R. Civ. P.; (5) Plaintiff's motion for a Temporary Restraining Order #10 should be DENIED; (6) Pursuant to 28 U.S.C. 1915(a), the Court should certify that an appeal of its Order would not be taken in good faith, and should deny Plaintiff is denied leave to appeal in forma pauperis. Plaintiff remains free to apply to proceed in forma pauperis in the Court of Appeals. Objections to R&R due by 1/5/2023. Signed by Magistrate Judge Stephanie K. Bowman on 12/22/2022. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 17
Prisoner Trust Fund Account Statement by Plaintiff Kavin Lee Peeples. (md)
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Filing 16
MEMORANDUM OPINION AND ORDER - IT IS ORDERED THAT: (1) Plaintiff's Motion for Appointment of Counsel #3 is DENIED; (2) Plaintiff's Motion to Compel Discovery #5 is DENIED; (3) Plaintiff's Motion Requesting Court Action #15 is DENIED AS MOOT. Plaintiff is directed not to file any additional documents that are not authorized by the Federal Rules of Civil Procedure or Local Rules. Signed by Magistrate Judge Stephanie K. Bowman on 12/12/2022. (km)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 15
MOTION Requesting Action by the Court in Order for Plaintiff to Satisfy #13 Order by Plaintiff Kavin Lee Peeples. (er)
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Filing 14
Summons Issued as to David C. Conley and sent to the U.S. Marshals for service along with a copy of the complaint, USM-285 Forms, and the order issuing service. (bjc)
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Filing 13
ORDER - It is therefore ORDERED that the United States Marshal shall serve a copy of the complaint, summons, and this order upon defendant as directed by plaintiff. It is further ORDERED that plaintiff shall serve upon defendants or, if appearance has been entered by counsel, upon defendants attorney(s), a copy of every further pleading or other document submitted for consideration by the Court. It is further ORDERED that plaintiff shall inform the Court promptly of any changes in plaintiffs address which may occur during the pendency of this lawsuit. Signed by Magistrate Judge Stephanie K. Bowman on 11/30/2022. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Filing 12
COMPLAINT against David C. Conley, filed by Kavin Lee Peeples. (Attachments: #1 Appendix-A, #2 Appendix-AB, #3 Appendix-C) (bjc)
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Filing 11
[ORDER VACATED PER COURT ORDER (DOC. 19)] ORDER granting #1 Motion for Leave to Proceed in forma pauperis ; finding as moot #2 Motion to immediately Proceed In Forma Pauperis. Signed by Magistrate Judge Stephanie K. Bowman on 11/30/2022. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified Docket Text on 12/22/2022 (km).
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Filing 10
MOTION for Temporary Restraining Order by Plaintiff Kavin Lee Peeples. (er)
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Filing 9
ACKNOWLEDGMENT OF SERVICES by Plaintiff Kavin Lee Peeples. (er)
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Filing 8
Plaintiff's Individual and Official Capacity Explinations by Plaintiff Kavin Lee Peeples. (er)
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Filing 7
Second Related Case Explination by Plaintiff Kavin Lee Peeples. (er)
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Filing 6
Related Case Explination by Plaintiff Kavin Lee Peeples. (er)
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Filing 5
MOTION to Compel Production of Full Plaintiff's Inmate Medical Records by Plaintiff Kavin Lee Peeples. (er)
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Filing 4
Declaration and Appendix (28 USCS 1746) filed by Plaintiff Kavin Lee Peeples. (er)
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Filing 3
MOTION to Appoint Counsel by Plaintiff Kavin Lee Peeples. (er)
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Filing 2
MOTION to Immediately Proceed In Forma Pauperis by Plaintiff Kavin Lee Peeples. (er)
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Filing 1
MOTION for Leave to Proceed in forma pauperis by Plaintiff Kavin Lee Peeples. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Complaint - Appendix A, #4 Complaint - Appendix AB, #5 Complaint - Appendix C, #6 Summons Form, #7 USM form) (er)
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| Plaintiff: Kavin Lee Peeples | |
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