Whitten v. McCurtain County Jail Trust et al
Plaintiff: Marion Allen Whitten, Jr.
Defendant: McCurtain County Jail Trust, Larry Hendrix, Joe LNU, J.C. LNU, Joe Zappala, J.C. MacMillon and Trent Mitchell
Case Number: 6:2023cv00005
Filed: January 4, 2023
Court: US District Court for the Eastern District of Oklahoma
Presiding Judge: John F Heil
Referring Judge: Gerald L Jackson
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 2, 2023 Opinion or Order Filing 11 ORDER by District Judge John F. Heil, III: Granting #2 Motion for Leave to Proceed in Forma Pauperis. Initial partial Filing Fee due by 3/23/2023 in the amount of $51.46. (Re: #2 MOTION for Leave to Proceed in Forma Pauperis (acg, Deputy Clerk)
February 28, 2023 Opinion or Order Filing 10 OPINION AND ORDER by District Judge John F. Heil, III denying #9 Motion for Appointment of Counsel. (acg, Deputy Clerk)
February 14, 2023 Opinion or Order Filing 9 MOTION for Appointment of Counsel in the form of a letter to Judge Jackson by Marion Allen Whitten, Jr Responses due by 2/28/2023(acg, Deputy Clerk)
February 14, 2023 Opinion or Order Filing 8 SECOND AMENDED COMPLAINT against Larry Hendrix, McCurtain County Jail Trust, Joe Zappala, J.C. MacMillon (Re: #6 Amended Complaint ) by Marion Allen Whitten, Jr (acg, Deputy Clerk)
January 24, 2023 Opinion or Order Filing 7 MINUTE ORDER by Magistrate Judge Gerald L. Jackson: On January 5, 2023, the Court directed Plaintiff to file an amended complaint on the Court's form. Dkt. 5. One of the specific instructions in the Court's Opinion and Order was that "the names in the caption of the amended complaint must be identical to those contained in the body of the amended complaint...." Id. at 3. Plaintiff's amended complaint, however, fails to comply with this instruction. Plaintiff has listed four defendants in the caption-- Larry Hendrix, Joe LNU, Trent Mitchell, and the McCurtain County Jail Trust. Dkt. 6 at 1. The body of the amended complaint, however, lists only Larry Hendrix, Joe LNU, and Trent Mitchell, with the McCurtain County Jail Trust marked out. Id. at 3-4. Plaintiff, therefore, is directed to complete and submit a second amended complaint on the Courts form within 21 days of this order, in accordance with all the instructions in the Courts January 5, 2022, Opinion and Order. Dkt. 5. Failure to comply with this Order will result in dismissal of this action without further notice. The Court Clerk is directed to send Plaintiff the form for filing a second amended civil rights case in this court. (acg, Deputy Clerk)
January 20, 2023 Opinion or Order Filing 6 AMENDED COMPLAINT against Larry Hendrix, Joe LNU, McCurtain County Jail Trust, Trent Mitchell (Re: #1 Complaint ) by Marion Allen Whitten, Jr (acg, Deputy Clerk)
January 5, 2023 Opinion or Order Filing 5 OPINION AND ORDER by Magistrate Judge Gerald L. Jackson : Plaintiff is directed to file within twenty-one (21) days an amended complaint on the Court's form as directed in this Order. Amended Pleadings due by 1/26/2023.(acg, Deputy Clerk)
January 4, 2023 Opinion or Order Filing 4 MINUTE ORDER by Magistrate Judge Gerald L. Jackson: Upon review of the file in this case, the Court finds that the plaintiff has not submitted a proper motion for leave to proceed in forma pauperis or paid the $350.00 filing fee and the $52.00 administrative fee. The plaintiff is directed to submit a properly executed motion for leave to proceed in forma pauperis, with original signature and have the Trust Fund Officer at his facility complete (with an original signature) the Required Certification of Statement of Institutional Accounts and provide a current 6-month financial accounting statement and return the completed motion to the Office of the Clerk, or pay the filing and administrative fees totaling $402.00 within 20 days or by1/25/23. If the plaintiff is granted in forma pauperis status, he will not be required to pay the $52.00 administrative fee. Failure to comply with this order may result in dismissal of this action. The Clerk is directed to provide the plaintiff with a motion for leave to proceed in forma pauperis form and an instruction sheet. (acg, Deputy Clerk)
January 4, 2023 Opinion or Order Filing 3 MINUTE ORDER by District Judge John F. Heil, III, referring case to Magistrate Judge Gerald L. Jackson for all further proceedings in accordance with jurisdiction pursuant to 28 USC 636. All future filings shall bear the case number CIV-23-05-JFH-GLJ. (acg, Deputy Clerk)
January 4, 2023 Opinion or Order Filing 2 MOTION for Leave to Proceed in Forma Pauperis by Marion Allen Whitten, Jr. (acg, Deputy Clerk)
January 4, 2023 Opinion or Order Filing 1 COMPLAINT against All Defendants by Marion Allen Whitten, Jr. (acg, Deputy Clerk)

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Search for this case: Whitten v. McCurtain County Jail Trust et al
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Plaintiff: Marion Allen Whitten, Jr.
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Defendant: McCurtain County Jail Trust
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Defendant: Larry Hendrix
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Defendant: Joe LNU
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Defendant: J.C. LNU
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Defendant: Joe Zappala
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Defendant: J.C. MacMillon
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Defendant: Trent Mitchell
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