Frazier v. Dollar et al
| Clark Frazier |
| C Marwin, F Roark, T Dollar, E Richardson, A Wiggens and C Ingle |
| 2:2019cv00102 |
| June 19, 2019 |
| US District Court for the Eastern District of Tennessee |
| Clifton L Corker |
| M Clifton L Corker |
| J Ronnie Greer |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 22
ORDER granting in part and denying in part #21 Motion For Production of Documents and Appointment of Counsel. Therefore, the Clerk is DIRECTED to send a copy of this order to Bert G. Boyd, the Warden of the Northeast Correctional Complex. Warden Boyd is ORDERED to provide the Court with the last known address of Defendants T. Dollar, C. Marwin, E. Richardson, and C. Ingle, along with any other information to which he has access that may help the U.S. Marshal effectuate service on these Defendants. This information should be filed under seal with the Court within fifteen (15) days after entry of this order. Upon receipt of this information, the Clerk is DIRECTED to sign and seal Defendants' summonses and to forward them to the U.S. Marshal for service. Plaintiff's remaining requests for production are DENIED without prejudice. Accordingly, Plaintiff's motion to appoint counsel is DENIED. Finally, Plaintiff is ORDERED to immediately inform the Court and Defendants or their counsel of record of any address changes in writing. Signed by District Judge J Ronnie Greer on 08/12/2019. (Copy of Order mailed to Bert G. Boyd, Warden of the Northeast Correctional Complex, and to Clark Frazier) (CAT)
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Filing 21
MOTION For Production of Documents and Appointment of Counsel by Clark Frazier. (Attachments: #1 Cover Letter, #2 Envelope) (CAT)
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Filing 20
Summons Returned Unexecuted as to C Marwin, terminated on 3/15/2019. (CAT)
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Filing 19
Summons Returned Unexecuted as to C Ingle, resigned on 6/22/2019. (CAT)
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Filing 18
Summons Returned Unexecuted as to T Dollar, terminated on 3/15/2019. (CAT)
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Filing 17
Summons Returned Unexecuted as to E Richardson, terminated on 3/15/2019. (CAT)
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Filing 16
Summons Issued as to T Dollar, C Ingle, C Marwin, E Richardson. (Attachments: #1 Summons C. Ingle, #2 Summons C. Marwin, #3 Summons E. Richardson) (Give to USMS for service of process, per Order, Doc. 15) (CAT)
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Filing 15
ORDER : The Clerk is DIRECTED to provide summonses for Defendants Richardson, Dollar, Marwin, and Ingle, a copy of this order, and a copy of the complaint to the Marshals Service so that they may attempt personal service on these Defendants within forty-five days of entry of this order. If the Marshals Service locates and properly serves any Defendant(s), it shall file proof of service with the Court. If the Marshals Service is unable to locate and serve any Defendant(s) within forty-five days despite the reasonable efforts described herein, however, it shall file the Process Receipt and Return, Form USM285, describing in the "Remarks" section of that document the steps that it took to attempt to effect service of process. Plaintiff is NOTIFIED that, if the Marshals Service is unable to locate and service any Defendant despite reasonable efforts, however, the Court will dismiss Plaintiff's claims against this Defendant without prejudice for failure to effect service of process pursuant to Rule 4(m). Signed by District Judge J Ronnie Greer on 07/29/2019. (Copy of Order mailed to Clark Frazier) (CAT)
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Filing 14
Summons Returned Unexecuted as to C Ingle. (CAT)
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Filing 13
Summons Returned Unexecuted as to C Marwin. (CAT)
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Filing 12
Summons Returned Unexecuted as to T Dollar. (CAT)
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Filing 11
Summons Returned Unexecuted as to E Richardson. (CAT)
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Filing 10
ORDER denying #8 Motion to Amend/Correct. Before the Court is Plaintiff's motion to amend his 1983 complaint to add Northeast Correctional Complex as a Defendant in this action [Doc. 8]. However, the Court has screened this case pursuant Prison Litigation Reform Act and determined that Plaintiff's claims should proceed against Defendants in their individual capacities only [See Doc. 7 p. 4-6]. The instant motion sets forth no additional allegations that would allow the Court to infer that the Northeast Correctional Complex is a liable party in this action, and it would be improper to subject an otherwise immune institution to suit. Accordingly, Plaintiff's motion [Doc. 8] is DENIED. Signed by District Judge J Ronnie Greer on 07/01/2019. (Copy of Order mailed to Clark Frazier) (CAT)
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Filing 9
Summons Issued as to T Dollar, C Ingle, C Marwin, E Richardson. (Attachments: #1 Summons C. Ingle, #2 Summons E. Richardson, #3 Summons C. Marwin) (Placed in USM box for service of process) (CAT)
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Filing 8
Pro Se MOTION to Amend and or Supplement Pleadings #2 Complaint by Clark Frazier. (Attachments: #1 Envelope) (CAT)
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Filing 7
MEMORANDUM OPINION AND ORDER: Plaintiff's motion for leave to proceed in forma pauperis [Doc. 1] is GRANTED. Because Plaintiff is an inmate in the Morgan County Correctional Complex, he is ASSESSED the civil filing fee of $350.00. 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 Attorney General for the State of Tennessee and to provide a copy to the Court's financial deputy. Plaintiff's motion to appoint counsel [Doc. 3] is DENIED. Even liberally construing the amended complaint in favor of Plaintiff, it fails to state a claim upon which relief may be granted under 1983 as to Defendants Wiggens and Roark, and these Defendants are therefore DISMISSED. The Clerk is DIRECTED to send Plaintiff service packets (a blank summons and USM 285 form) for Defendants Dollar, Marwin, Richardson, and Ingle. Plaintiff is ORDERED to complete the service packets and return them to the Clerk's Office within thirty (20) days of entry of this memorandum and order. At that time, the summonses will be signed and sealed by the Clerk and forwarded to the U.S. Marshal for service. Plaintiff is ORDERED to immediately inform the Court and Defendants or their counsel of record of any address changes in writing. Signed by District Judge J Ronnie Greer on 06/20/2019. (Copy of Memorandum Opinion and Order mailed to the Custodian of inmate accounts at Morgan County Correctional Complex, and to the Attorney General of Tennessee; Copy to the Court's financial deputy through NEF; Copy to Clark Frazier along with service packets)(CAT)
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Filing 6
Notice Regarding Requirement to Notify Court of Change of Address. (Copy of Notice mailed to Clark Frazier) (AMP)
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Filing 5
Administrative Notice to Pro Se Plaintiff: Discovery documents improperly filed. (Attachments: #1 Plaintiff's First Request for Production of Documents) (Copy of Notice and Plaintiff's First Request mailed to Clark Frazier) (AMP)
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Filing 4
MEMORANDUM in Support of Motion re #3 MOTION to Appoint Counsel filed by Clark Frazier. (Attachments: #1 Declaration in Support, #2 Envelope) (AMP)
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Filing 3
MOTION to Appoint Counsel by Clark Frazier. (Attachments: #1 Envelope) (AMP)
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Filing 2
COMPLAINT against T Dollar, C Ingle, C Marwin, E Richardson, F Roark, and A Wiggens (Filing fee NOT PAID), filed by Clark Frazier. (Attachments: #1 Cover Letter, #2 Envelope) (AMP)
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Filing 1
MOTION for Leave to Proceed in forma pauperis by Clark Frazier. (Attachments: #1 Declaration in Support, #2 Certificate and Trust Fund Statement, #3 Envelope)(AMP)
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