Anderson v. Phillips
| Darius Lee Anderson |
| Thomas W Phillips |
| 3:2019cv00400 |
| October 10, 2019 |
| US District Court for the Eastern District of Tennessee |
| Clifton L Corker |
| Debra C Poplin |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on November 13, 2019. A more recent docket listing may be available from PACER.
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Filing 9
JUDGMENT ORDER re #8 Memorandum Opinion and Order. For the reasons expressed in the memorandum opinion and order filed this day, it is ORDERED and ADJUDGED that this prisoner's pro se civil rights action, filed under 42 U.S.C. 1983, is DISMISSED as frivolous, for failure to state a claim upon which relief may be granted, and as against a Defendant who is immune. The Court CERTIFIES, for the reasons contained in the memorandum opinion and order, that any appeal taken from this decision would not be taken in good faith. The Clerk is DIRECTED to close this case. Signed by District Judge Clifton L Corker on 11/13/2019. (Copy of Judgment mailed to Darius Lee Anderson) (AMP)
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Filing 8
MEMORANDUM OPINION AND ORDER granting #1 MOTION for Leave to Proceed in forma pauperis filed by Darius Lee Anderson. Plaintiff is ASSESSED the civil filing fee of $350.00. Plaintiff's complaint is DISMISSED as frivolous, for failure to state a claim upon which relief may be granted, and as against a Defendant who is immune. Signed by District Judge Clifton L Corker on 11/13/2019. (Copy of Memorandum mailed to Darius Lee Anderson and custodian of inmate accounts and emailed to Court's financial deputy via NEF) (AMP)
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Filing 7
ORDER denying #6 Motion for Discovery; denying #6 Motion to Appoint Counsel. Accordingly, because the Court has not yet screened Plaintiff's complaint to determine whether his claims are justiciable, Plaintiff's motion [Doc. 6] is DENIED as premature. Plaintiff is ORDERED to immediately inform the Court of any address changes in writing. Signed by District Judge Clifton L Corker on 11/13/2019. (Copy of Order mailed to Darius Lee Anderson) (AMP)
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| Filing 6 MOTION for Discovery and MOTION to Appoint Counsel by Darius Lee Anderson. (Attachments: #1 Envelope) (AMP) |
| Filing 5 RESPONSE re #4 Order. (Attachments: #1 Envelope) (AMP) |
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Filing 4
ORDER: Therefore, Plaintiff is ORDERED to notify the Court within twenty-one (21) days of entry of this Order whether he intends to pursue a civil rights or habeas remedy in the instant action. Further, Plaintiff is ADVISED that if he notifies the Court that he seeks habeas relief, this Court will construe the instant action under 28 U.S.C. 2255, and it will be subject to any of that statute's restrictions. Finally, Plaintiff is ORDERED to immediately inform the Court of any address changes in writing. Signed by District Judge Clifton L Corker on 10/11/2019. (Copy of Order mailed to Darius Lee Anderson) (AMP)
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| Filing 3 Notice Regarding Requirement to Notify Court of Change of Address (c/m to Darius Lee Anderson #32785-074, BECKLEY FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, P.O. BOX 350, BEAVER, WV 25813) (ABF) |
| Filing 2 COMPLAINT against Thomas W Phillips, filed by Darius Lee Anderson.(ABF) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Darius Lee Anderson. (Attachments: #1 Other Envelope)(ABF) |
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| Defendant: Thomas W Phillips | |
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