Brooks v. Lee et al
| David Russell Brooks |
| Bill Lee and David Roush |
| 3:2024cv00050 |
| February 7, 2024 |
| US District Court for the Eastern District of Tennessee |
| Clifton L Corker |
| Jill E McCook |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
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Filing 16
ORDER AND REPORT AND RECOMMENDATIONS: The Court GRANTS Plaintiffs Application [Doc. 1]. Because Plaintiff is a prisoner, he is ASSESSED the civil filing fee of $350.00 as provided above. However, no process shall issue until the District Judge has ruled upon this Report and Recommendation, because the undersigned RECOMMENDS3 that the District Judge (1) DISMISS any individual capacity claims against Defendants, (2) DISMISS the claim for monetary damages against Defendants in their official capacities, and (3) ALLOW the official capacity claims for prospective injunctive relief against these Defendants to proceed beyond the initial screening phase. Signed by Magistrate Judge Jill E McCook on 3/25/24. (c/m to David Russell Brooks, BLOUNT COUNTY DETENTION CENTER, 920 E LAMAR ALEXANDER PARKWAY, MARYVILLE, TN 37804 and to the Custodian of Inmate Accounts at Blount County)(ABF)
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| Filing 15 Letter from David Russell Brooks re: Receipt of Inmate Account Statement. (ABF) |
| Filing 14 INMATE ACCOUNT STATEMENT to #1 MOTION for Leave to Proceed in forma pauperis by David Russell Brooks. (ABF) |
| Filing 13 Now before the Court is Plaintiff's Declaration in Support of Motion to Proceed In Forma Pauperis [Doc. 8]. Included with his declaration is a judgment from the General Sessions Court for Claiborne County, Tennessee, which provides Plaintiff's date of birth and social security number. Given that, the Court DIRECTS the Clerks Office to SEAL [Doc. 8]. The Court DIRECTS Plaintiff to Rule 5.2(a) of the Federal Rules of Civil Procedure, which provides that birth dates and social securities numbers may be redacted. Signed by Magistrate Judge Jill E. McCook on 3/11/2024. (This entry constitutes the complete Order of the Court.) (AGA) Modified on 3/12/2024 to indicate c/m to David Russell Brooks, BLOUNT COUNTY DETENTION CENTER, 920 E LAMAR ALEXANDER PARKWAY, MARYVILLE, TN 37804 (ABF). |
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Filing 12
On March 11, 2024, the Court entered an Order noting that Plaintiff had not submitted a certified copy of his inmate trust fund account for the previous six months [Doc. 11]. Plaintiff, however, submitted a certified copy of his trust fund account for the previous six months on March 8, 2024 [Doc. 7]. The Court therefore WITHDRAWS the portion of the Order [Doc. 11] directing Plaintiff to comply with the Prison Litigation Reform Act. The Court will now proceed to screen Plaintiff's Complaint pursuant to 42 U.S.C. 1915. Signed by Magistrate Judge Jill E. McCook on 3/11/2024. (This entry constitutes the complete Order of the Court.) (AGA) Modified on 3/12/2024 to indicate c/m to David Russell Brooks, BLOUNT COUNTY DETENTION CENTER, 920 E LAMAR ALEXANDER PARKWAY, MARYVILLE, TN 37804 (ABF).
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Filing 11
ORDER: Plaintiff has not complied with the Courts February 14 Order. He has not submitted a certified copy of his inmate trust account for the previous six months. The Court ORDERS Plaintiff to file this paperwork on or before March 25, 2024. The Court ADMONISHES Plaintiff that if he fails to fully and timely comply with this Order, the Court shall presume he is not a pauper and shall access the full amount of the fees. The Court DIRECTS the Clerks Office to place Plaintiffs letter [Doc. 6] UNDER SEAL because it includes his date of birth and his social security number. See Fed. R. Civ. P. 5.2(d). Signed by Magistrate Judge Jill E McCook on 3/11/24. (c/m to David Russell Brooks, BLOUNT COUNTY DETENTION CENTER, 920 E LAMAR ALEXANDER PARKWAY, MARYVILLE, TN 37804)(ABF)
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| Filing 10 MOTION to Appoint Counsel by David Russell Brooks. (KMK) |
| Filing 9 SUPPLEMENTAL LETTER to #1 MOTION for Leave to Proceed in forma pauperis by David Russell Brooks. (KMK) |
| Filing 8 Declaration in Support re #1 MOTION for Leave to Proceed in forma pauperis filed by David Russell Brooks. (KMK) Modified on 3/12/2024 to place under seal per order 13 (ABF). |
| Filing 7 Prisoner Trust Fund Account Statement by David Russell Brooks. (KMK) |
| Filing 6 Letter from David Russell Brooks (ABF) Modified on 3/11/2024 to place under seal per Order #11 (ABF). |
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Filing 5
ORDER re #1 MOTION for Leave to Proceed in forma pauperis filed by David Russell Brooks: The Clerk is DIRECTED to send Plaintiff a prison account statement form. 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.Also, the Clerk is DIRECTED to send a copy of this order to the Sheriff of Blount County, Tennessee. Signed by Magistrate Judge Jill E McCook on 2/14/24. (c/m to David Brooks and to the Sheriff of Blount County, TN) (ABF)
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Filing 4
PRO SE INFORMATIONAL ORDER re #2 Complaint filed by David Russell Brooks, Signed by District Judge Clifton L Corker on 2/7/2024. (BJL)*Mailed to David Russell Brooks BLOUNT COUNTY DETENTION CENTER 920 E LAMAR ALEXANDER PARKWAY MARYVILLE, TN 37804
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| Filing 3 Notice Regarding Requirement to Notify Court of Change of Address (c/m to David Russell Brooks, BLOUNT COUNTY DETENTION CENTER, 920 E LAMAR ALEXANDER PARKWAY, MARYVILLE, TN 37804) (ABF) |
| Filing 2 COMPLAINT against Bill Lee, David Roush, filed by David Russell Brooks.(ABF) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by David Russell Brooks. (ABF) |
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