Marshall v. Silas et al
| Jessica N Marshall |
| Silas, Pelekakis and Sullivan Co Sheriffs Office |
| 2:2023cv00058 |
| June 2, 2023 |
| US District Court for the Eastern District of Tennessee |
| Travis R McDonough |
| Cynthia R Wyrick |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
| None |
Docket Report
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Filing 11
ORDER: Plaintiff, a pro se prisoner, has filed a Complaint [Doc. 1] and an accompanying motion for leave to proceed in forma pauperis [Doc. 5]. Since then, Plaintiff has filed a letter advising the Court that she is being housed at theBledsoe County Correctional Complex. [Doc. 10]. While Plaintiff has not timely complied with her obligation to inform the Court of her change of address, see [Doc. 3], the Court recognizes the challenges pro se prisoner litigants face in attempting to comply with Court orders through the mail. The Court previously ordered Plaintiff to pay the filing fee or submit the required financial information by July 28, 2023; however, given that the Court only recently received Plaintiff's change of address, the Court finds it difficult to imagine how Plaintiff could possibly comply with that deadline. Accordingly, Plaintiff is DIRECTED to take this order to the custodian of trust accounts at the Bledsoe County Correctional Complex, who is DIRECTED to provide Plaintiff with a certified copy of her inmate trust account statement (or the institutional equivalent) for the six-month period preceding Plaintiffs complaint. The Bledsoe County Correctional Complex shall have fourteen (14) days from the date of entry of this order to provide appropriate documentation to Plaintiff for submission to the Court. The Clerks Office is DIRECTED to provide Plaintiff with a copy of this Order and the Courts prior Orders [Docs. 6, 8]. Plaintiff is hereby NOTIFIED that if she fails to fully comply with this order on or before August 11, 2023, the Court shall presume that Plaintiff is not a pauperand shall order the case dismissed without prejudice for want of prosecution. Plaintiff is further NOTIFIED that because the Court has already extended her deadlines to comply with its Orders, the Court will not likely grant a further extension. Moreover, Plaintiff is cautioned that she must strictly comply with the timeframe provided for updating her address in the future. Signed by Magistrate Judge Cynthia R Wyrick on 7/21/2023. (Copy of this Order plus Orders 6 & 8 mailed to Jessica N. Marshall). (LCK)
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| Filing 10 Letter from Jessica Marshall (Attachments: #1 Envelope) (AGG) |
| Filing 9 MAIL RETURNED as Undeliverable, Return to Sender, Unable to forward. Mail sent to Jessica N Marshall re #8 Order. (CAT) |
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Filing 8
ORDER: Accordingly, Plaintiff shall have 30 days from the entry of this order to pay the filing fee or produce a copy of her certified inmate trust account or institutional equivalent. Additionally, Plaintiff is ordered to notify the Court of whether she is now employed and if so, to provide her monthly rate of pay. Plaintiff should further advise of any additional expenses she may now be incurring since she has been released from custody. If the Clerk's Office receives notice of Plaintiffs change of address, the Clerks Office shall provide Plaintiff with a copy of this Order and the Court's prior Order [Doc. 6]. Plaintiff is hereby NOTIFIED that if she fails to fully comply with this order on or before July 28, 2023, the Court shall presume that Plaintiff is not a pauper and shall order the case dismissed without prejudice for want of prosecution. Signed by Magistrate Judge Cynthia R Wyrick on 06/28/2023. (Copy of Order mailed Jessica N Marshall at Sullivan County Detention Center, P.O. Box 610, Blountville, TN 37617) (CAT)
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| Filing 7 MAIL RETURNED as Undeliverable/No longer at this facility re #6 Order. (AGG) |
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Filing 6
ORDER re #2 NOTICE of Deficiency (IFP). Plaintiff is DIRECTED to take this order to the custodian of trust accounts at the Sullivan County Jail, who is DIRECTED to provide Plaintiff with a certified copy of her inmate trust account statement (or the institutional equivalent) for the six-month period preceding Plaintiffs complaint. The Sullivan County Sheriffs Office shall have fourteen (14) days from the date of entry of this order to provide appropriate documentation to Plaintiff for submission to the Court. Additionally, the Clerk is DIRECTED to send a copy of this order to the Sheriff of Sullivan County, as he may wish to inquire into whether officials therein are complying with the PLRA, including the requirement that officials provide prisoners seeking to bring a civil action with a certified copy of the prisoners trust fund account statement (or the institutional equivalent) for the six-month period immediately preceding the filing of the complaint WITHOUT THE REQUIREMENT THAT A COURT ORDER ISSUE. 28 U.S.C. 1915(a)(2). Signed by Magistrate Judge Cynthia R Wyrick on 6/8/23. (copy mailed to Sheriff of Sullivan County and Jessica Marshall).(KDO)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by Jessica N Marshall. (Attachments: #1 Envelope) (CAT) |
| Filing 4 Letter from Jessica Marshall (Copy of IFP mailed to Jessica Marshall) (CAT) |
| Filing 3 Notice Regarding Requirement to Notify Court of Change of Address (Copy mailed to Jessica Marshall) (AGG) |
| Filing 2 NOTICE of Deficiency (IFP) - The Court is in receipt of your complaint/petition. However, in order for this matter to proceed, you must either pay the required filing fee or submit an application to proceed in forma pauperis. (Copy of Notice Mailed to Jessica Marshall) (AGG) |
| Filing 1 COMPLAINT against Pelekakis, Silas, Sullivan Co Sheriffs Office (Filing fee $ NOT PAID) filed by Jessica N Marshall. (Attachments: #1 Envelope)(AGG) |
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