Walters et al v. Brooks et al
| Terry Edward Ellison and Melvin Walters, Jr |
| Claiborne County Sheriff's Office, Sgt. Josh Smith, Claiborne County, Sgt. Stacie England, Bobby Brooks, Robert Sexton and Tammy Reagan |
| 3:2020cv00129 |
| March 27, 2020 |
| US District Court for the Eastern District of Tennessee |
| Knoxville Office |
| H Bruce Guyton |
| Thomas A Varlan |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Filing 18 Summons Issued as to Bobby Brooks, Tammy Reagan, Robert Sexton and forwarded to the US Marshal for service. (Attachments: #1 Summons Robert Sexton, #2 Summons Tammy Reagan)(ABF) |
| Filing 17 NOTICE of filing supplement to motion for leave to proceed in forma pauperis [3 ] by Melvin Walters, Jr. (ADA) |
Filing 16
MEMORANDUM OPINION AND ORDER, Plaintiff's motion for leave to proceed in forma pauperis #3 is GRANTED. Plaintiff is ASSESSED the civil filing fee of $350.00. The custodian of Plaintiffs inmate trust account is DIRECTED to submit the filing fee to the Clerk in the manner set forth. Plaintiff's claim that Defendants Brooks, Reagan, and Sexton failed to protect him, and that Defendant Sexton subjected him to excessive force, shall PROCEED. 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. Defendants Claiborne County, Claiborne County Sheriff's Office, Sgt. Stacie England, and Josh Smith are DISMISSED. Plaintiff's claim for the denial of medical treatment is DISMISSED. Plaintiff's request for injunctive relief is DENIED as moot.Signed by District Judge Thomas A. Varlan on 5/4/20. (c/m Melvin Walters, JrSCOTT COUNTY JUSTICE CENTER575 SCOTT HIGH DRHUNTSVILLE, TN 37756, with service packets and custodian of inmate trust accounts.) (ADA)
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Filing 15
MEMORANDUM OPINION AND ORDER, the Clerk is DIRECTED to SEVER Plaintiff Terry Edward Ellison from this action and OPEN a new, individual civil action for Plaintiff Ellison using the complaint he filed on April 20, 2020 #13 . The Clerk is DIRECTED to transfer the docket entries numbered #4 and #10 in the instant cause to Ellison's newly filed civil action. Melvin Walters will proceed as the sole Plaintiff in the above-captioned case. The Clerk is DIRECTED to file the instant Memorandum and Order in this cause, as well as in Ellisons newly opened civil action. (See 3:20-cv-175)Signed by District Judge Thomas A. Varlan on 4/24/20. (c/m Melvin Walters, Jr SCOTT COUNTY JUSTICE CENTER 575 SCOTT HIGH DR HUNTSVILLE, TN 37756 ) (ADA)
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| Filing 14 NOTICE of filing complaint in response to #12 Memorandum Opinion and Order by Plaintiff Melvin Walters, Jr (no ifp submitted). (ADA) |
| Filing 13 NOTICE of filing complaint in response to #12 Memorandum Opinion and Order by Terry Edward Ellison. (no ifp was included) (ADA) |
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Filing 12
MEMORANDUM OPINION AND ORDER; Plaintiffs may not pursue this matter jointly. As such, each Plaintiff shall have twenty-one (21) days from the date of entry of this order to file a notice with the Court indicating whether he wishes to proceed in an individual 1983 action on his own behalf, for which he will be assessed the entire $350.00 filing fee. Signed by District Judge Thomas A. Varlan on 4/10/20. (c/m Melvin Walters, Jr and Terry Edward Ellison at SCOTT COUNTY JUSTICE CENTER 575 SCOTT HIGH DR HUNTSVILLE, TN 37756 with 1983 forms)(ADA)
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| Filing 11 PRISONER TRUST FUND ACCOUNT statement by Plaintiff Melvin Walters, Jr (Attachments: #1 Cover letter, #2 Mailing envelope) (ADA) |
| Filing 10 PRISONER TRUST FUND ACCOUNT statement by Plaintiff Terry Edward Ellison (Attachments: #1 Cover letter, #2 Mailing envelope) (ADA) |
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Filing 9
EDUCATION ORDER for pro se prisoner filers. Signed by District Judge Thomas A. Varlan on 3/31/20. (c/m Terry Edward Ellison 43740 SCOTT COUNTY JUSTICE CENTER 575 SCOTT HIGH DR HUNTSVILLE, TN 37756)(ADA)
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Filing 8
EDUCATION ORDER for pro se prisoner filers. Signed by District Judge Thomas A. Varlan on 3/31/20. (c/m Melvin Walters, Jr SCOTT COUNTY JUSTICE CENTER 575 SCOTT HIGH DR HUNTSVILLE, TN 37756)(ADA)
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Filing 7
MEMORANDUM OPINION AND ORDER, Plaintiff has not filed a certified copy of his inmate trust account for the previous six-month period. Accordingly, Plaintiff is DIRECTED to show this order to the custodian of trust accounts at his current facility, who is DIRECTED to make a copy of Plaintiffs inmate trust account statement, to complete and sign the certificate, and to provide Plaintiff with the certified copy of his inmate trust account statement for the six-month period preceding Plaintiff's complaint. Plaintiff shall have thirty (30) days from the date of entry of this order to pay the full filing fee or to submit the necessary documents. Plaintiff is hereby NOTIFIED that if he fails to fully timely comply with this order, the Court shall presume that Plaintiff is not a pauper, shall assess the full amount of fees, and shall order the case dismissed for want of prosecution. Signed by District Judge Thomas A. Varlan on 3/30/20. (c/m Melvin Walters, Jr SCOTT COUNTY JUSTICE CENTER 575 SCOTT HIGH DR HUNTSVILLE, TN 37756) (ADA)
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Filing 6
MEMORANDUM OPINION AND ORDER, Plaintiff has not filed a certified copy of his inmate trust account for the previous six-month period. Accordingly, Plaintiff is DIRECTED to show this order to the custodian of trust accounts at his current facility, who is DIRECTED to make a copy of Plaintiffs inmate trust account statement, to complete and sign the certificate, and to provide Plaintiff with the certified copy of his inmate trust account statement for the six-month period preceding Plaintiff's complaint. Plaintiff shall have thirty (30) days from the date of entry of this order to pay the full filing fee or to submit the necessary documents. Plaintiff is hereby NOTIFIED that if he fails to fully timely comply with this order, the Court shall presume that Plaintiff is not a pauper, shall assess the full amount of fees, and shall order the case dismissed for want of prosecution. Signed by District Judge Thomas A. Varlan on 3/30/20. (c/m Terry Edward Ellison 43740 SCOTT COUNTY JUSTICE CENTER 575 SCOTT HIGH DR HUNTSVILLE, TN 37756 ) (ADA)
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| Filing 5 Letter from plaintiffs regarding the inmate trust account statements. (Attachments: #1 Mailing envelope) (ADA) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Terry Edward Ellison. (ADA) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Melvin Walters, Jr. (ADA) |
| 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 mailed to Melvin Walters, Jr and Terry Ellison at Scott County Justice Center along with IFP and certificate of inmate account forms) (JBR) |
| Filing 1 COMPLAINT against All Defendants, filed by Terry Edward Ellison, Melvin Walters, Jr.(JBR) |
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