Wolfenbarker v. Carter Co. Correctional Center et al
| Robert Wolfenbarker |
| f/n/u Smith, Captain f/n/u Trivet, Jake Myers, Jimmy Gray, Patty Duffield, Sheriff Dextor Lunceford, f/n/u Holesloff, F/n/u Hodges, Carter Co. Correctional Center and James Parrish |
| 2:2019cv00162 |
| September 13, 2019 |
| US District Court for the Eastern District of Tennessee |
| Debra C Poplin |
| Thomas A Varlan |
| Cynthia R Wyrick |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on November 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 23 (Case at Issue) NOTICE of Availability of Magistrate Judge. (Copy of Notice mailed to Robert Wolfenbarker) (CAT) |
| Filing 22 ANSWER to #1 Complaint by F/n/u Hodges, f/n/u Smith.(Ward, Jeffrey) |
Filing 21
ORDER REASSIGNING CASE. Magistrate Judge Debra C Poplin no longer assigned to case Case reassigned to Magistrate Judge Cynthia R Wyrick for all further proceedings. Signed by District Judge Pamela L Reeves on 11/4/2019. (RET)
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Filing 20
ORDER granting in part and denying in part #17 Motion to Amend/Correct. To the extent Plaintiff seeks to amend his complaint to identify Deputies Smith and Hodges as the parties responsible for the alleged delay in his medical treatment, the instant motion is GRANTED. To the extent Plaintiff seeks to amend his complaint to add Carter County as a Defendant, the instant motion is DENIED. Signed by District Judge Thomas A Varlan on 10/18/19. (c/m to Robert Wolfenbarker #605707, TROUSDALE TURNER CORRECTIONAL CENTER, 140 MACON WAY, HARTSVILLE, TN 37074) (ABF)
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| Filing 19 NOTICE of Change of Address by Robert Wolfenbarker (ABF) |
| Filing 18 Summons Issued as to F/n/u Hodges, f/n/u Smith and forwarded to the US Marshal for service. (Attachments: #1 Summons Deputy Smith)(ABF) |
| Filing 17 MOTION to Amend/Revise #1 Complaint by Robert Wolfenbarker. (ABF) |
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Filing 16
ORDER: The instant motion [Doc. #15 ] is premature, and it is DENIED without prejudice to Plaintiff's ability to later seek relief if necessary. Signed by District Judge Thomas A Varlan on 9/20/19. (copy mailed to Robert Wolfenbarker at Bledsoe County Correctional Complex) (JBR)
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| Filing 15 MOTION for All Medical Records by Robert Wolfenbarker. (Attachments: #1 Envelope)(AWS) |
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Filing 14
ORDER: Defendants Carter Co. Correctional Center, Patty Duffield, Jake Myers, Jimmy Gray, f/n/u Holesloff, Sheriff Dextor Lunceford, Captain f/n/u Trivet, and James Parrish are DISMISSED from this action. Plaintiffs claims that he was denied timely medical care and that Defendants Hodges and Smith failed to protect him from a second attack shall PROCEED. Plaintiff is DIRECTED to file an amended complaint within thirty (30) days that identifies the individual(s) responsible for his alleged delay in medical treatment on December 31, 2018. The Clerk is DIRECTED to send Plaintiff a service packet for Defendants Hodges and Smith. Plaintiff is ORDERED to complete the service packets and return them to the Clerks Office within thirty (30) days of entry of this memorandum and order.Signed by District Judge Thomas A Varlan on 9/16/19. (c/m to Robert Wolfenbarker #605707, Bledsoe County Correctional Complex, 1045 Horseshead Rd., Pikeville, TN 37367)(ABF)
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| Filing 13 Notice Regarding Requirement to Notify Court of Change of Address (Copy of Notice mailed to Robert Wolfenbarker)(JCK) |
| Filing 12 Case transferred in from District of Tennessee Middle; Case Number 3:19-cv-00720. |
| Filing 11 Mail sent to Robert Wolfenbarker Returned as Undeliverable due to name not matching TDOC# re #5 Order. (xc: Docket sheet, #5 Order, and Administrative order 93 resent to pro se party by regular mail with updated TDOC# found on the Tennessee Felony Offender website.) (jm) [Transferred from Tennessee Middle on 9/13/2019.] |
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Filing 10
ORDER: Because it appears from the Plaintiff's submission that he lacks sufficient financial resources from which to pay the full filing fee in advance, the application (Doc. No. #6 ) is GRANTED. Robert Wolfenbarker is hereby ASSESSED a $350 filing fee. IT IS ORDERED that this case be transferred to the United States District Court for the Eastern District of Tennessee pursuant to 28 U.S.C. 1406(a). Plaintiff's pending motions (Doc. Nos. #7 , #8 ), which effectively seek discovery, are DENIED without prejudice to Plaintiff's ability to seek such relief from the receiving court. Signed by District Judge William L. Campbell, Jr on 9/9/2019. (xc:Pro se party and the Warden of the Bledsoe County Correctional Complex by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm) Modified on 9/10/2019 (jm). [Transferred from Tennessee Middle on 9/13/2019.]
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| Filing 9 Mail sent to Robert Wolfenbarker Returned as Undeliverable re Notice mailed to pro se party regarding filing of new case due to name not matching TDOC#. (xc: Resent to pro se party by regular mail with updated TDOC# found on the Tennessee Felony Offender website.) (jm) [Transferred from Tennessee Middle on 9/13/2019.] |
| Filing 8 MOTION to Have Allotted Time Frames Copied and Available for Plaintiff's Defense filed by Robert Wolfenbarker. (jm) [Transferred from Tennessee Middle on 9/13/2019.] |
| Filing 7 MOTION for Medical Records filed by Robert Wolfenbarker. (jm) (Main Document 7 replaced on 9/3/2019) (jm). [Transferred from Tennessee Middle on 9/13/2019.] |
| Filing 6 Prisoner Trust Fund Account Statement filed by Robert Wolfenbarker. (jm) Modified on 9/3/2019 (jm). [Transferred from Tennessee Middle on 9/13/2019.] |
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Filing 5
ORDER: Plaintiff's pending application (Doc. No. #4 ) is DENIED for its apparent inaccuracy and failure to attach the required trust account statement, without prejudice to Plaintiff's ability to submit a second, accurate and properly supported application. The Clerk of Court is DIRECTED to mail Plaintiff a new blank application to proceed in forma pauperis (short form) and a copy of Administrative Order 93. Signed by District Judge William L. Campbell, Jr on 8/21/2019. (xc:Pro se party sent this order, a new blank application to proceed in forma pauperis (short form), and a copy of Administrative Order 93 by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm) [Transferred from Tennessee Middle on 9/13/2019.]
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| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (jm) [Transferred from Tennessee Middle on 9/13/2019.] |
| Filing 4 APPLICATION for Leave to Proceed In Forma Pauperis filed by Robert Wolfenbarker. (jm) [Transferred from Tennessee Middle on 9/13/2019.] |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jm) [Transferred from Tennessee Middle on 9/13/2019.] |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (jm) [Transferred from Tennessee Middle on 9/13/2019.] |
| Filing 1 COMPLAINT against All Defendants, filed by Robert Wolfenbarker. (Attachments: #1 Attachment Mailing Envelope - 1 of 2, #2 Attachment Mailing Envelope - 2 of 2) (jm) [Transferred from Tennessee Middle on 9/13/2019.] |
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