Smallwood v. Barley et al
| Rodney Smallwood |
| Heady Barley and Preston |
| 2:2022cv00130 |
| October 20, 2022 |
| US District Court for the Eastern District of Tennessee |
| J Ronnie Greer |
| Cynthia R Wyrick |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on December 9, 2022. A more recent docket listing may be available from PACER.
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Filing 6
ORDER AND REPORT AND RECOMMENDATIONS re #2 Complaint filed by Rodney Smallwood. For reasons stated above, Plaintiff's Motion to Stay and Appoint Counsel [Doc. 3] is DENIED. Further, the undersigned recommends that Plaintiff's Complaint [Doc. 2] be DISMISSED. This matter is to be presented to the District Judge pursuant to this Report and Recommendation under the authority of Gibson v. R.G. Smith Co., 195 F.2d at 263, wherein the Court states that such matters proceed automatically to a district judge for examination of the complaint after a magistrate judge has granted the petition to proceed in forma pauperis. Signed by Magistrate Judge Cynthia R Wyrick on 12/09/2022. (Copy of Order and Report and Recommendation mailed to Rodney Smallwood at 1813 Mary St., Johnson City, TN 37604) (CAT)
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Filing 5
ORDER granting #1 Motion for Leave to Proceed in forma pauperis. The application [Doc. 1] sets forth grounds for so proceeding; thus, it is GRANTED. The Clerk is DIRECTED to file the complaint without prepayment of costs or fees.The Clerk shall not issue process, however, at this time. Plaintiff shall have 30 days from the entry of this Order within which to submit an amended complaint in compliance with this Order. After this thirty-day period has passed, or upon the filing of an amended complaint, the Court will then submit a report and recommendation to the District Court addressing whether this action states a claim that can proceed beyond the 1915 screening process. The Court hereby places Plaintiff on notice that if an amended complaint is not submitted within that time, it is the intention of the Court to recommend to the District Court that Plaintiff's claims be dismissed because the complaint originally submitted fails to set forth a claim upon which relief may be granted.Signed by Magistrate Judge Cynthia R Wyrick on 11/07/2022. (Copy of Order, & new Complaint packet mailed to Rodney Smallwood at 1813 Mary St., Johnson City, TN 37604) (CAT)
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| Filing 4 Notice Regarding Requirement to Notify Court of Change of Address. (Copy of Notice mailed to Rodney Smallwood) (CAT) |
| Filing 3 MOTION to Appoint Counsel, & MOTION to Stay by Rodney Smallwood. (CAT) |
| Filing 2 COMPLAINT against Heady Barley, Preston (Filing fee NOT PAID), filed by Rodney Smallwood. (CAT) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Rodney Smallwood. (CAT) |
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