Rush v. Lincoln County Jail et al
| Cody Allen Rush |
| Lincoln County Jail, Vicky Afisov, Chris Thornton and Brian Jenkins |
| 1:2023cv00295 |
| December 13, 2023 |
| US District Court for the Eastern District of Tennessee |
| Clifton L Corker |
| Susan K Lee |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
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Filing 7
JUDGMENT re #6 Memorandum & Order: it is ORDERED and ADJUDGED that this prisoners pro se civil rights action filed under 42 U.S.C. 1983 is DISMISSED for failure to state a claim upon which relief may be granted. 28 U.S.C. 1915(e)(2)(B) and 1915A. Because the Court CERTIFIED that any appeal from this Order would not be taken in good faith, should Plaintiff file a notice of appeal, he is DENIED leave to appeal in forma pauperis. See 28 U.S.C. 1915(a)(3); Fed. R. App. P. 24. The Clerk is DIRECTED to close the file. Signed by District Judge Clifton L Corker on 12/18/2023. ENTERED AS A JUDGMENT by LeAnna R. Wilson, CLERK OF COURT.(BJL)*Mailed to Cody Allen Rush 41335 LINCOLN COUNTY JAIL 4151 THORNTON TAYLOR PARKWAY FAYETTEVILLE, TN 37334
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Filing 6
MEMORANDUM AND ORDER DISMISSING: For the reasons set forth above: 1. Plaintiff's motion for leave to proceed without prepayment of fees [Doc. #1 ] is GRANTED; 2. The custodian of Plaintiff's inmate trust account is DIRECTED to submit the filing fee to the Clerk in the manner set forth above; 3. The Clerk is DIRECTED to mail a copy of this Memorandum and Order to the custodian of inmate accounts at the institution where Plaintiff is now confined and to the Court's financial deputy; 4. Plaintiff's Complaint fails to state a claim upon which relief may be granted under 1983, and this action will be DISMISSED pursuant to 28 U.S.C. 1915(e)(2) and 1915A; 5. Plaintiff's motions for default judgment [Doc. #4 ] and to appoint counsel [Doc. #3 ] are DENIED as moot; and 6. The Court CERTIFIES that any appeal from this action would not be taken in good 10 faith and would be totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure. AN APPROPRIATE JUDGMENT ORDER WILL ENTER. Signed by District Judge Clifton L Corker on 12/18/2023. (BJL)*Mailed to Cody Allen Rush 41335 and to the Custodian of Inmate Accounts @ LINCOLN COUNTY JAIL 4151 THORNTON TAYLOR PARKWAY FAYETTEVILLE, TN 37334. *Sent ad hoc to the USDC Clerk's Financial Deputies.
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| Filing 5 Notice Regarding Requirement to Notify Court of Change of Address (SAC)Notice mailed to Rush. |
| Filing 4 MOTION for Default Judgment by Cody Allen Rush. (SAC) |
| Filing 3 MOTION to Appoint Counsel by Cody Allen Rush. (SAC) |
| Filing 2 COMPLAINT against All Defendants, filed by Cody Allen Rush. (Attachments: #1 Supplement 1, #2 Supplement 2, #3 Exhibit, #4 Middle District Docket Sheet, #5 Letter 1, #6 Letter 2, #7 Letter 3, #8 envelope)(SAC) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Cody Allen Rush. (SAC) |
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