McCurry et al v. Mccurry et al
| Agness McCurry and Etha Jones |
| Benjamin Curtis Mccurry, Gary McCurry, Cindy McCurry and Thomas Wright |
| 2:2023cv00141 |
| October 27, 2023 |
| 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 November 16, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 MOTION to Amend/Revise to sue Magistrate Wyrick and Thomas Wright et al under RICO by Etha Jones. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Jones, Etha) |
| Filing 9 NOTICE by Etha Jones Placement of Lien on Benjamin and Gary Mccurry (Attachments: #1 Exhibit Notice of Lien on Benjamin and Gary Mccurry)(Jones, Etha) |
Filing 8
ORDER AND REPORT AND RECOMMENDATIONS re #3 Complaint. In the present case, the Court has considered Plaintiffs' Applications to Proceed Without Prepayment of Fees and their economic statuses in deciding whether to grant leave to proceed in forma pauperis. Both applications set forth grounds for so proceeding; thus, the Applications to Proceed Without Prepayment of Fees [Docs. 1, 2] are GRANTED. The Clerk is DIRECTED to file the complaint without prepayment of costs or fees. At the same time, for the reasons set forth below, the Clerk shall not issue process at this time. For the reasons stated above, the undersigned RECOMMENDS that the claim asserted by Plaintiff Agness McCurry against Defendants Benjamin McCurry and Gary McCurry for breach of contract be permitted to proceed. The undersigned further RECOMMENDS that Plaintiff Etha Jones be removed as a party from this action because she has failed to state a claim on which relief may be granted, and that the remaining claims asserted by Plaintiff McCurry be DISMISSED with prejudice for the reasons set forth above. 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 260, 263 (6th Cir.1990) 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. See Order and Report and Recommendation for details. Signed by Magistrate Judge Cynthia R Wyrick on 11/14/2023. (Copy of Order and Report and Recommendation to Agness McCurry and Etha Jones) (CAT)
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Filing 7
ORDER granting #4 Motion for E-Filing Access. Accordingly, Plaintiffs' Motion [Doc. 4] is GRANTED. Plaintiffs shall be permitted to register as e-filers and access the CM/ECF filing system subject to the same terms and conditions that apply to other users.. Signed by Magistrate Judge Cynthia R Wyrick on 11/07/2023. (Copy mailed to Agness McCurry and Etha Jones). (AGG)
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Filing 6
ORDER: Given the above, the Court finds that the two cases are not related as defined in Local Rule 3.2(d)(3)(A). As such, the application of the related case rule is not justified, and the above captioned case should be assigned in the same manner as any other newly filed case which is not related to a pending matter. Signed by Magistrate Judge Cynthia R Wyrick on 11/3/2023. (Copy of Order mailed to Agness McCurry and Etha Jones)(JCK)
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| District Judge J Ronnie Greer and Magistrate Judge Cynthia R Wyrick added, case deemed not related per order doc. #6 . (JCK) |
| Filing 5 NOTICE by Etha Jones, Agness McCurry re #3 Complaint. (Attachments: #1 Proposed Complaint) (CAT) |
| Filing 4 MOTION Requesting Permission to use Court E-Filing System by Etha Jones, Agness McCurry. (AGG) |
| Filing 3 COMPLAINT against All Defendants (Filing fee $ 402.00- NOT PAID) filed by Agness McCurry, Etha Jones. (Attachments: #1 Other Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit EFRJ 1, #24 Exhibit EFRJ 2, #25 Exhibit EFRJ 3, #26 Exhibit EFRJ 4, #27 Summons Benjamin McCurry, #28 Summons Cindy McCurry, #29 Summons Thomas Wright, #30 Summons Gary McCurry)(AGG) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Etha Jones. (AGG) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Agness McCurry. (AGG) |
| Case sent off for related case determination. (LCK) |
| NOTICE OF MANUAL FILING: Exhibit N to #3 Complaint. (Placed in designated filing cabinet located in vault). (LCK) |
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