Morgan v. Wamp
| Charles Van Morgan |
| Coty Wamp, Scott Allen, John Doe, William Adams, Tyroe Jacobs, Mark Bender and Morales |
| 1:2023cv00083 |
| April 10, 2023 |
| US District Court for the Eastern District of Tennessee |
| Travis R McDonough |
| Christopher H Steger |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.
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Filing 36
JUDGMENT re #35 Memorandum & ORDER. Consistent with the contemporaneously filed memorandum and order, Defendant's motion for voluntary dismissal (Doc. #34 ) is GRANTED, and this action is DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to LIFT THE STAY on and CLOSE this case. Signed by District Judge Travis R McDonough on 5/26/2023. (BJL)
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Filing 35
MEMORANDUM AND ORDER: In light of Van Morgan's request that the Court dismiss this case with prejudice, the dismissal of the state criminal charges against Van Morgan, and the centrality of the state criminal charges to Van Morgan's claims, the Court FINDS it proper to DISMISS this case WITH PREJUDICE. Accordingly, the Court GRANTS Van Morgan's motion (Doc. #34 ). AN APPROPRIATE JUDGMENT WILL ENTER. Signed by District Judge Travis R McDonough on 5/26/2023. (BJL)
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| Filing 34 MOTION to Dismiss by Charles Van Morgan. (Attachments: #1 Envelope)(BJL) |
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Filing 33
MEMORANDUM OPINION: the Court hereby GRANTS HCEC Defendants (Doc. 15) and Wamp's (Doc. 18) motions to dismiss and DENIES AS MOOT Bender and Morales's amended motion to dismiss (Doc. 20). As such, Van Morgan's claims against HCEC Defendants and Wamp are DISMISSED WITH PREJUDICE. With respect to Van Morgan's claims against Morales and Bender, the Court hereby ABSTAINS from exercising its jurisdiction. Therefore, Van Morgan's injunctive-relief claims for disclosure of exculpatory evidence and return of his firearm are DISMISSED WITHOUT PREJUDICE, and his damages claims are STAYED pending the conclusion of the state-court proceedings. Because the Court finds abstention appropriate, it is without jurisdiction to hear Bender and Morales's motion to dismiss based on failure to state a claim and failure to serve (Doc. 10), as well as Van Morgan's motion to complete service (Doc. 27); therefore, these motions will be HELD IN ABEYANCE. The Court DIRECTS the Clerk of Court to ADMINISTRATIVELY CLOSE this case, insofar as this case shall not be considered pending at this time for administrative purposes only. The Court further ORDERS that if Van Morgan seeks to reopen this case, he SHALL file a notice of the conclusion of the underlying state proceedings and any appropriate motion with this Court within forty-five days of the conclusion of those proceedings. Van Morgan is hereby ON NOTICE that failure to file such a notice within the time specified herein will result in this action being dismissed for failure to prosecute. Signed by District Judge Travis R McDonough on 5/9/23. (GRE) Modified on 5/9/2023 (GRE). (copy mailed to Charles Van Morgan)
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| Filing 32 NOTICE OF NONCONSENT by William Adams, Scott Allen, Tyroe Jacobs (Kinard, Nathan) |
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Filing 31
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Travis R McDonough on 4/18/2023. (Attachments: #1 Notice of Consent/Non Consent) (BJL)* Charles Van Morgan 3434 June Street Knoxville, TN 37920
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| Filing 30 REPLY to Response to Motion re #20 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Bender, Morales. (Schmidt, David) |
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Filing 29
ORDER.The Clerk of Court is DIRECTED to transfer this action to the Southern Division. Also, ORDERED this case is REASSIGNED to Magistrate Judge Steger.Signed by District Judge Travis R McDonough on April 10, 2023. (SAC) Modified on 4/10/2023, Order served by mail this day to Charles Van Morgan, 3434 June Street,Knoxville, TN 37920 (SAC).
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| Case transferred in from Knoxville Division on 04/10/2023, previous Case Number 3:23-cv-16. (SAC) |
| Filing 28 RESPONSE to Motion re #20 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Charles Van Morgan. (ABF) |
| Filing 27 MOTION for Extension of Time to Serve Officer Morales by Charles Van Morgan. (ABF) |
| Filing 26 REPLY to Response to Motion re #15 MOTION to Dismiss filed by William Adams, Scott Allen, Tyroe Jacobs. (Kinard, Nathan) |
| Filing 25 RESPONSE to Motion re #15 MOTION to Dismiss filed by Charles Van Morgan. (ABF) |
| Filing 24 PRO SE NOTICE OF CONSENT by Charles Van Morgan (ABF) |
| Filing 23 NOTICE by Mark Bender, Morales re #20 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Certificate of Conference (Schmidt, David) |
| Filing 22 (Case at Issue) NOTICE of Availability of Magistrate Judge (served by mail to Charles Van Morgan 3434 June Street Knoxville, TN 37920) (JBR) |
| Filing 21 MEMORANDUM in Support of Motion re #20 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Bender, Morales. (Noblett, Phillip) |
| Filing 20 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mark Bender, Morales. (Noblett, Phillip) |
| Filing 19 MEMORANDUM in Support re #18 Motion to Dismiss . (Attachments: #1 Exhibit 1 Hamilton Sessions Trial Docket)(Brandon, Cody) |
| Filing 18 MOTION to Dismiss by Coty Wamp. (Brandon, Cody) |
| Filing 17 NOTICE by William Adams, Scott Allen, Tyroe Jacobs re #16 Memorandum in Support of Motion, #15 MOTION to Dismiss Notice of Service (Kinard, Nathan) |
| Filing 16 MEMORANDUM in Support of Motion re #15 MOTION to Dismiss filed by William Adams, Scott Allen, Tyroe Jacobs. (Attachments: #1 Exhibit 1-TNED 18-Order re Deficiency of Service)(Kinard, Nathan) |
| Filing 15 MOTION to Dismiss by William Adams, Scott Allen, Tyroe Jacobs. (Kinard, Nathan) |
| Filing 14 Summons Issued as to Mark Bender, Morales, Coty Wamp. (JBR) |
| Filing 13 NOTICE by Coty Wamp of Limited Appearance and Insufficient Service (Brandon, Cody) |
| Filing 12 NOTICE of Appearance by Phillip A Noblett on behalf of Mark Bender, Morales (Noblett, Phillip) |
| Filing 11 MEMORANDUM in Support of Motion re #10 First MOTION to Dismiss filed by Mark Bender, Morales. (Noblett, Phillip) |
| Filing 10 First MOTION to Dismiss by Mark Bender, Morales. (Noblett, Phillip) |
| Filing 9 NOTICE of Appearance by Phillip A Noblett on behalf of Mark Bender, Morales (Noblett, Phillip) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Tyroe Jacobs. Tyroe Jacobs waiver sent on 2/9/2023. (Furrow, Justin) |
| Filing 7 WAIVER OF SERVICE Returned Executed by William Adams. William Adams waiver sent on 2/9/2023. (Furrow, Justin) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Scott Allen. Scott Allen waiver sent on 2/9/2023. (Furrow, Justin) |
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Filing 5
Order Governing Sealing Confidential Information. Signed by District Judge Travis R McDonough on 1/12/23. (copy mailed to Charles Van Morgan 3434 June Street Knoxville, TN 37920) (JBR)
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Filing 4
Order Governing Motions To Dismiss. Signed by District Judge Travis R McDonough on 1/12/23. (copy mailed to Charles Van Morgan 3434 June Street Knoxville TN 37920) (JBR)
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Filing 3
Order Governing Depositions. Signed by District Judge Travis R McDonough on 1/12/23. (copy mailed to Charles Van Morgan 3434 June Street Knoxville, TN 37920) (JBR)
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| Filing 2 Notice Regarding Requirement to Notify Court of Change of Address (copy mailed to Charles Van Morgan 3434 June Street Knoxville, TN 37920) (JBR) |
| Filing 1 COMPLAINT against Coty Wamp (Filing fee $402.00, Receipt #300001050), filed by Charles Van Morgan. #1 Other Civil Cover Sheet) (JBR). |
| Plaintiff to file waivers of service (JBR) |
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