Christensen v. Kingsport Sessions Court Div III et al
| Joshua Micah Christensen |
| Kingsport Sessions Court Div III, Assistant District Attorney and Sullivan County Public Defender's Office |
| 2:2023cv00174 |
| December 18, 2023 |
| US District Court for the Eastern District of Tennessee |
| Charles E Atchley |
| 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 March 12, 2024. A more recent docket listing may be available from PACER.
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| Filing 8 NOTICE OF APPEAL as to #7 Judgment by Joshua Micah Christensen. Filing fee NOT PAID. (JCK) |
| Filing 7 JUDGMENT re #2 Complaint. Signed by District Judge Charles E Atchley, Jr on 1/29/2024. (CNC)Mailed to Joshua Christensen (CNC) |
Filing 6
ORDER adopting #5 Report and Recommendations. Signed by District Judge Charles E Atchley, Jr on 1/29/2024. (CNC)Mailed to Joshua Christensen (CNC)
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Filing 5
AMENDED ORDER AND REPORT AND RECOMMENDATIONS re #2 Complaint filed by Joshua Micah Christensen. The Court previously entered an Order andReport and Recommendation [Doc. 4] in this matter which is hereby VACATED. The application sets forth grounds for so proceeding; thus, the Application to Proceed Without Prepayment of Fees [Doc. 1] is 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 set forth above, the undersigned RECOMMENDS that Plaintiff's Complaint [Doc. 2] be DISMISSED with prejudice; however, it is FURTHER RECOMMENDED that the order of dismissal make clear that the dismissal would not serve as a bar to a subsequent malicious prosecution claim against the proper defendants should Plaintiff's conviction later be overturned. 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 01/02/2024. (Copy of Amended Order Report and Recommendation mailed to Joshua Micah Christensen) (CAT)
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Filing 4
( VACATED, per Doc. 5) ORDER AND REPORT AND RECOMMENDATIONS re #2 Complaint filed by Joshua Micah Christensen. Granting #1 MOTION for Leave to Proceed in forma pauperis filed by Joshua Micah Christensen. In the present case, the Court has considered Plaintiff's Application to Proceed Without Prepayment of Fees and his economic status in deciding whether to grant leave to proceed in forma pauperis. The application sets forth grounds for so proceeding; thus, the Motion to Proceed informa pauperis [Doc. 1] is GRANTED. Because Plaintiff is an inmate, he is ASSESSED the civil filing fee of $350.00 The undersigned RECOMMENDS that Plaintiff's Complaint [Doc. 2] be DISMISSED with prejudice; however, it is FURTHER RECOMMENDED that the order of dismissal make clear that the dismissal would not serve as a bar to a subsequent malicious prosecution claim against the proper defendants should Plaintiff's conviction later be overturned. Signed by Magistrate Judge Cynthia R Wyrick on 1/2/2024. (Copy of Order mailed to Joshua Micah Christensen and to the custodian of inmate accounts as per Order). (LCK) Modified on 1/2/2024 (CAT).
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| Filing 3 Notice Regarding Requirement to Notify Court of Change of Address (Copy of Notice mailed to Joshua Christensen)(JCK) |
| Filing 2 COMPLAINT against Assistant District Attorney, Kingsport Sessions Court Div III, Sullivan County Public Defender's Office (Filing fee NOT PAID.), filed by Joshua Micah Christensen.(JCK) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Joshua Micah Christensen. (Attachments: #1 Other Envelope)(JCK) |
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