Davis v. T.D.O.C. et al
Jeffery M Davis |
T.D.O.C., Sgt. White, Ginger Peters, Huddson and Cox |
3:2023cv00386 |
October 30, 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
This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 7 JUDGMENT ORDER re #6 Memorandum Opinion: 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. See 28 U.S.C. 1915(a)(3); Fed. R. App. P. 24. The Clerk is DIRECTED to close the file. Signed by District Judge Travis R McDonough on 11/6/2023. ENTERED AS A JUDGMENT by LeAnna R. Wilson, CLERK OF COURT(BJL)*Mailed to Jeffery M Davis 325346 NECX 5249 Highway 67 West P.O. Box 5000 Mountain City, TN 37683-5000 |
Filing 6 MEMORANDUM OPINION: 1. Plaintiff's motion for leave to proceed in forma pauperis (Doc. #5 ) is GRANTED; 2. Plaintiff is ASSESSED the civil filing fee of $350.00; 3. The custodian of Plaintiffs inmate trust account is DIRECTED to submit the filing fee to the Clerk in the manner set forth above; 4. The Clerk is DIRECTED to provide a copy of this memorandum and order to the custodian of inmate accounts at the institution where Plaintiff is now confined and the Courts financial deputy; 5. Even liberally construing the complaint in favor of Plaintiff, it fails to state a claim upon which relief may be granted under 1983; 6. Accordingly, this action will be DISMISSED pursuant to 28 U.S.C. 1915(e) (2)(B) 1915A; and 7. The Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure. AN APPROPRIATE JUDGMENT ORDER SHALL ENTER. Signed by District Judge Travis R McDonough on 11/6/2023. (BJL)*Mailed to Jeffery M Davis 325346 and to the Custodian of Inmate Accounts at: NECX 5249 Highway 67 West P.O. Box 5000 Mountain City, TN 37683-5000. *Sent ad hoc to the Court's Financial Deputy Clerks. |
Filing 5 MOTION for Leave to Proceed in forma pauperis by Jeffery M Davis. (BJL) |
Case was converted from 3:23-mc-00061, pursuant to #5 MOTION for Leave to Proceed in forma pauperis by Jeffery M Davis.(BJL). Modified on 11/1/2023 to update filing date and remove closed flag (ADA). |
Filing 4 Inmate Statement Account with attachments by Jeffery M Davis (BJL) |
Because the Plaintiff filed a statement of inmate account dated for 9/15/2023 without the IFP Application, Document No. #2 NOTICE of Deficiency (IFP) re-sent with another IFP Application form and another Statement of Inmate Account mailed to Jeffery M Davis 325346 NECX 5249 Highway 67 West P.O. Box 5000 Mountain City, TN 37683-5000 (BJL) |
Filing 3 Notice Regarding Requirement to Notify Court of Change of Address. (copy mailed to Jeffery M Davis 325346 NECX 5249 Highway 67 West P.O. Box 5000 Mountain City TN 37683-5000) (JBR) |
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 along with IFP forms to Jeffery M Davis 325346 NECX 5249 Highway 67 West P.O. Box 5000 Mountain City, TN 37683-5000) (JBR) |
Filing 1 COMPLAINT against All Defendants, filed by Jeffery M Davis. (Attachments: #1 Other Cover Letter, #2 Other Trust Fund Statements, #3 Other Attachments)(JBR) |
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