Dalton v. Johnston et al
| Justin L. Dalton |
| Dee Johnston, Jefferson City Police Department, Andrew Smith and Coldy Williams |
| 2:2023cv00012 |
| February 8, 2023 |
| US District Court for the Eastern District of Tennessee |
| Clifton L Corker |
| Cynthia R Wyrick |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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Filing 9
JUDGMENT re #8 Order Dismissing Case. This matter came before the Court on Plaintiffs Application to Proceed Without Prepaying Fees [Doc. 1]. For the reasons stated in the accompanying order [Doc. 8], Plaintiffs Application [Doc. 1] is DENIED. The Complaint [Doc. 2] is DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to close the case. Signed by District Judge Clifton L Corker on 5/2/23. (KDO)
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Filing 8
ORDER DISMISSING CASE after thorough consideration of the R&R and the record as a whole, the Court finds that the R&R properly analyzes the issues presented. For the reasons set out in the R&R, which are incorporated by reference herein, it is hereby ORDERED that the R&R [Doc. 6] is ADOPTED IN PART. In accordance with the R&R, Plaintiffs Application to Proceed Without Prepaying Fees [Doc. 1] is DENIED, but the Complaint [Doc. 2] is DISMISSED WITHOUT PREJUDICE. Signed by District Judge Clifton L Corker on 5/1/23. (KDO)
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| Filing 7 MAIL RETURNED as Undeliverable, inmate released Mail sent to Justin L. Dalton re #6 Order, Report and Recommendations (AGG) |
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Filing 6
ORDER AND REPORT AND RECOMMENDATION denying #1 MOTION for Leave to Proceed in forma pauperis filed by Justin L. Dalton. Plaintiff's Motion [Doc. 1] seeking leave to proceed in forma pauperis be DENIED. Further, this Court RECOMMENDS that Plaintiff's Complaint [Doc. 2] be DISMISSED with prejudice. This Court is recommending that the dismissal be with prejudice because Plaintiff failed to take advantage of the opportunity provided to him by this Court to amendhis original complaint, despite being warned that failure to do so would result in this Court recommending dismissal to the District Court. See Order for details. Signed by Magistrate Judge Cynthia R Wyrick on 3/28/2023. (Copy of Order mailed to Justin L. Dalton). (LCK)
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| Filing 5 MAIL RETURNED as Undeliverable. Mail sent to Justin L. Dalton re #3 Notice Regarding Requirement to Notify Court of Change of Address. Document 3 re-mailed to Justin Dalton at Grainger County Detention Center P.O. Box 65, Rutledge, TN 37861. (CAT) |
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Filing 4
ORDER that plaintiff shall have 30 days from the entry of this Order withinwhich to supplement his in forma pauperis application by providing a certified copy of his inmate trust account. He shall also have the same 30-day timeframe within which to file an amended complaint that sets forth sufficient factual information, when taken as true, to demonstrate that he has a claim upon which relief might be granted. Plaintiff is placed on notice that failure to provide the additional financial information requested will result in the denial of his application to proceed without the prepayment of filing fees. Additionally, failure to file an amended complaint as instructed will resultin this Court recommending to the District Court that Plaintiffs claims be dismissed, because Plaintiffs initial complaint fails to state a claim upon which relief may be granted. Signed by Magistrate Judge Cynthia R Wyrick on 2/17/23. (copy mailed to Justin Dalton) (KDO)
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| Filing 3 Notice Regarding Requirement to Notify Court of Change of Address. (Copy of Notice mailed to Justin L. Dalton) (CAT) |
| Filing 2 COMPLAINT against Jefferson City Police Department, Dee Johnston(Officer, Individual Capacity), Dee Johnston(Officer, Official Capacity ), Andrew Smith(Officer, Individual Capacity), Andrew Smith(Officer, Official Capacity ), Coldy Williams(Officer, Individual Capacity), Coldy Williams(Officer, Official Capacity) (Filing fee NOT PAID), filed by Justin L. Dalton. (Attachments: #1 Envelope) (CAT) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Justin L. Dalton. (Attachments: #1 Envelope) (CAT) |
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