Kelly v. Spangler et al
| Timothy E. Kelly |
| Jerry Spangler and Stacey Oats |
| 3:2023cv00024 |
| January 19, 2023 |
| US District Court for the Eastern District of Tennessee |
| Travis R McDonough |
| Debra C Poplin |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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Filing 13
USCA Case Number 23-5161 for #12 Notice of Appeal filed by Timothy E. Kelly. (ADA)
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Filing 12
NOTICE OF APPEAL as to #11 Judgment Order and #10 Memorandum Opinion by Timothy E. Kelly. (ADA)
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Filing 11
JUDGMENT ORDER, Even liberally construing the complaint in favor of Plaintiff, it fails to state a claim upon which relief may be granted under 1983; Accordingly, this action is DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A. Because the Court CERTIFIED in the memorandum opinion that any appeal from this order would not be taken in good faith, should Plaintiff file a notice of appeal, he is DENIED leave to appeal in forma pauperis. Signed by District Judge Travis R. McDonough on 2/6/23. (c/m Timothy E. Kelly #356072 MORGAN COUNTY CORRECTIONAL COMPLEX Post Office Box 2000 WARTBURG, TN 37887 and custodian of inmate accounts) (ADA)
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Filing 10
MEMORANDUM OPINION, Plaintiff's motion for leave to proceed in forma pauperis #8 will be GRANTED. Plaintiff will be ASSESSED the civil filing fee of $350.00. The custodian of Plaintiffs inmate trust account will be DIRECTED to submit the filing fee to the Clerk in the manner set forth. Judgment Order to follow.Signed by District Judge Travis R. McDonough on 2/6/23. (c/m Timothy E. Kelly #356072 MORGAN COUNTY CORRECTIONAL COMPLEX Post Office Box 2000 WARTBURG, TN 37887 and custodian of inmate accounts) (ADA)
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Filing 9
NOTICE (titled Motion) to Prove exhaustion of Remedies by Timothy E. Kelly (Attachments: #1 Exhibit A, #2 Mailing Envelope)(ADA)
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Filing 8
MOTION for Leave to Proceed in forma pauperis by Timothy E. Kelly. (ADA)
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Filing 7
NOTICE (titled Motion for Notice) by Timothy E. Kelly confirming address at MCCX. (Attachments: #1 Mailing envelope)(ADA)
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Filing 6
ORDER. Plaintiff shall have thirty days from the date of entry of this order to pay the full filing fee or submit the necessary documents. Signed by District Judge Travis R. McDonough on 1/20/23. (c/m Timothy E. Kelly #356072 MORGAN COUNTY CORRECTIONAL COMPLEX Post Office Box 2000 WARTBURG, TN 37887 with ifp and account forms)(ADA)
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Filing 5
Notice Regarding Requirement to Notify Court of Change of Address (copy mailed to Timothy Kelley #356072 at MCCX, PO Box 2000, Wartburg, TN 37887) (KMK)
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Filing 4
Case electronically transferred in from the Middle District of Tennessee (MD/TN Case Number 3:23-cv-00015)
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Filing 3
ORDER DISMISSING CASE: Timothy E. Kelly, an inmate at Morgan County Correctional Complex (MCCX) in Wartburg, Tennessee, filed this pro se civil rights case under 42 U.S.C. 1983. He has not resolved the filing fee. Because venue is not proper in this district, however, this case will be transferred to the Eastern District of Tennessee. Accordingly, the Clerk is directed to TRANSFER this case to the United States District Court for the Eastern District of Tennessee, Northern Division at Knoxville. 28 U.S.C. 123(a)(1). The plaintiff MUST send all future filings in this case to the Eastern District of Tennessee. Signed by District Judge Aleta A. Trauger on 1/17/2023. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from Tennessee Middle on 1/19/2023.]
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Filing 2
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) [Transferred from Tennessee Middle on 1/19/2023.]
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Filing 1
COMPLAINT against Stacey Oats, Jerry Spangler, filed by Timothy E. Kelly.(kc) [Transferred from Tennessee Middle on 1/19/2023.]
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Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (kc) [Transferred from Tennessee Middle on 1/19/2023.]
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