Duncan v. Anderson County, TN et al
| James D Duncan |
| Anderson County, TN, State of Tennessee, Southern Health Partners, Matthews, Deputy Allen, Captain Vowell, Chief Parker, Sgt Hartsfield, Nurse Lawson, Lt Fenton, Sheriff Barker and Corporal Roberts |
| 3:2020cv00008 |
| January 7, 2020 |
| US District Court for the Eastern District of Tennessee |
| H Bruce Guyton |
| Thomas A Varlan |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 SUMMONS Returned Executed by James D Duncan. Southern Health Partners served on 2/10/2020. (AYB) |
| Filing 25 Summons Returned Unexecuted by James D Duncan as to Anderson County, TN. (AYB) |
Filing 24
ORDER: Plaintiff has filed the following motions in this pro se prisoner's civil rights action for violation of 42 U.S.C. 1983: (1) a motion for the service of process [Doc. 20]; (2) a motion for proof of service [Doc. 21]; (3) a motion for entry of a default judgment [Doc. 22]; and (4) a motion for judgment on the pleadings [Doc. 23]. Each of these motions will be DENIED. Signed by District Judge Thomas A Varlan on March 4, 2020. (copy mailed to James D Duncan 441820, ANDERSON COUNTY DETENTION FACILITY, 308 PUBLIC SAFETY LANE, CLINTON, TN 37716) (AYB)
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| Filing 23 MOTION for Judgment on the Pleadings by James D Duncan. (AYB) |
| Filing 22 MOTION for Default Judgment by James D Duncan. (AYB) |
| Filing 21 MOTION for the proof of service by affidavit of server of process by James D Duncan. (AYB) |
| Filing 20 MOTION for the service of process by James D Duncan. (AYB) |
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Filing 19
ORDER denying #18 Plaintiff's motion requesting entry of a default judgment in this pro se prisoners civil rights action under 42 U.S.C. 1983. Signed by District Judge Thomas A. Varlan on 2/26/20. (c/m James D Duncan 441820 ANDERSON COUNTY DETENTION FACILITY 308 PUBLIC SAFETY LANE CLINTON, TN 37716 ) (ADA)
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| Filing 18 MOTION for Default Judgment as to defendants by James D Duncan, includes itemization of costs. (ADA) |
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Filing 17
ORDER denying Plaintiff's #16 Motion to Appoint Counsel. Signed by District Judge Thomas A. Varlan on 2/25/20. (c/m James D Duncan 441820 ANDERSON COUNTY DETENTION FACILITY 308 PUBLIC SAFETY LANE CLINTON, TN 37716 ) (ADA)
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| Filing 16 MOTION to Appoint Counsel by James D Duncan. (ADA) |
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Filing 15
ORDER denying Plaintiffs motions (1) to produce documents, records, and other items #13 , and (2) for a physical evaluation by a medical professional unaffiliated with Defendants #14 . Signed by District Judge Thomas A. Varlan on 2/10/20. (c/m James D Duncan 441820 ANDERSON COUNTY DETENTION FACILITY 308 PUBLIC SAFETY LANE CLINTON, TN 37716 ) (ADA)
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| Filing 14 MOTION for examination to be performed by a medical professional not affiliated with defendants by James D Duncan. (AYB) |
| Filing 13 MOTION to Produce Documents, Electronically Stored Information, and Tangible Things by James D Duncan. (AYB) |
| Summons Issued as to Anderson County, TN and Southern Health Partners; forwarded to USMS for service. (AYB) |
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Filing 12
EDUCATION ORDER for pro se prisoner filers. Signed by District Judge Thomas A. Varlan on 1/30/20. (c/m James D Duncan 441820 ANDERSON COUNTY DETENTION FACILITY 308 PUBLIC SAFETY LANE CLINTON, TN 37716) (ADA)
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| Incomplete service packets (only case number and plaintiff/defendant filled in) received from Mr. Duncan. Packets returned with required information blocks high lighted for Mr. Duncan to complete. Included SASE. (AYB) |
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Filing 11
MEMORANDUM OPINION AND ORDER. Plaintiff's claim that Anderson County, Tennessee, and Southern Health Partners denied him timely and adequate medical and/or dental treatment shall PROCEED. The Clerk is hereby DIRECTED to send Plaintiff service packets (a blank summons and USM 285 form) for Defendants Anderson County and Southern Health Partners.Plaintiff is ORDERED to complete the service packets and return them to the Clerks Office within thirty (30) days of entry of this memorandum and order. At that time, the summonses will be signed and sealed by the Clerk and forwarded to the U.S. Marshal for service pursuant to Fed. R. Civ. P. 4. Plaintiff is NOTIFIED that failure to return the completed service packets within the time required may result in dismissal of this action for want of prosecution and/or failure to follow Court orders. Defendants shall answer or otherwise respond to the complaint within twenty-one (21) days from the date of service. If any Defendant fails to timely respond to the complaint, any such failure may result in entry of judgment by default. Defendants State of Tennessee, Nurse Matthews, Deputy Allen, Sheriff Barker, Corporal Roberts, Sgt. Hartsfield, Chief Parker, Nurse Lawson, Lt. Fenton, and Captain Vowell are DISMISSED. Signed by District Judge Thomas A. Varlan on 1/16/20. (c/m to James D Duncan 441820 ANDERSON COUNTY DETENTION FACILITY 308 PUBLIC SAFETY LANE CLINTON, TN 37716 with service packets) (ADA)
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| Filing 10 AMENDED COMPLAINT against Anderson County, TN, Southern Health Partners, State of Tennessee, Matthews, Deputy Allen, Sheriff Barker, Corporal Roberts, Sgt Hartsfield, Chief Parker, Nurse Lawson, Lt Fenton, Captain Vowell., filed by James D Duncan (KMK) Modified text on 1/15/2020 (KMK). |
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Filing 9
ORDER: pro se prisoner's motion for leave to proceed in forma pauperis [Doc. 2] is GRANTED. Because Plaintiff is an inmate in the Anderson County Detention Facility, he is ASSESSED the civil filing fee of $350.00. The Clerk is DIRECTED to mail a copy of this memorandum and order to the custodian of inmate accounts at the institution where Plaintiff is now confined. The Clerk is also DIRECTED to furnish a copy of this order to the Court's financial deputy. Plaintiff's motions to appoint counsel [Doc. 3], to request medical records [Doc. 4], to join Defendants [Doc. 5], and to have process issued [Doc. 6] are DENIED without prejudice. Signed by District Judge Thomas A Varlan on January 8, 2020. (copy mailed to James D Duncan 441820, ANDERSON COUNTY DETENTION FACILITY, 308 PUBLIC SAFETY LANE, CLINTON, TN 37716 and to Custodian of Inmate Accounts at same) (AYB)
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Filing 8
ORDER: That the joint motion seeking to proceed in forma pauperis by Plaintiffs 3 is DENIED. That Plaintiff Joey Seiber has an individual civil action pending in this Court related to the allegations raised in the instant complaint, see Seiber v. Anderson County, Tenn., No. 3:19-cv-424-DCLC-HBG, and therefore, his motion to proceed in forma pauperis 7 in the present action is DENIED, and he is DISMISSED from this action. That the Clerk is DIRECTED to SEVER Plaintiffs Duncan, Brown, and Harness from this action. That Plaintiff Andrew Patton will proceed as the sole Plaintiff in the above-captioned case, and the amended complaint [Doc. 26] and motions filed by Patton [Docs. 9, 12, and 27] will be retained in this civil action number. That the Clerk is DIRECTED to open new, individual civil actions for Plaintiffs Duncan, Brown, and Harness using the complaint [Doc. 1] filed in the above-captioned case. That the Clerk is DIRECTED to send Plaintiffs Patton, Duncan, Brown, and Harness each a 1983 form, which each Plaintiff is ORDERED to complete and return to the Court within fourteen (14) days of entry of this Order. That the Clerk is DIRECTED to transfer the documents filed at docket entries numbered 10, 11, 13, 18, 24, and 25 in the instant cause to the civil action opened for Plaintiff James Duncan. That the Clerk is DIRECTED to transfer the documents filed at docket entries numbered 8, 14, and 22 in the instant cause to the civil action opened for Plaintiff Devin Brown. That the Clerk is DIRECTED to transfer the documents filed at docket entries numbered 21 and 23 in the instant cause to the civil action opened for Plaintiff Erman Harness. That the Clerk is DIRECTED to file the instant Memorandum and Order in this cause, as well as in each of the newly-opened civil actions. Signed by District Judge Thomas A Varlan on 1/7/20. (c/m as directed to all plaintiffs along with the 1983 form complaint) (ABF)
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| Filing 7 NOTICE by James D Duncan (ABF) |
| Filing 6 MOTION for Service of Summons by James D Duncan. (ABF) |
| Filing 5 MOTION for Order to Join Defendants by James D Duncan. (ABF) |
| Filing 4 MOTION for Medical Records and Requests by James D Duncan. (ABF) |
| Filing 3 MOTION to Appoint Counsel by James D Duncan. (ABF) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by James D Duncan. (ABF) |
| Filing 1 COMPLAINT against All Defendants, filed by James D Duncan.(ABF) |
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