Parks v. Blackwelder
| Andrea Parks |
| Murray Blackwelder, Jim Baldwin, Vicky Asifov, John MacDonald, David Ford, Zek George, Jousha Murphy, Michael Robertson, William Jones, Tina Metcalf, Dawn Izabell and Lincoln County |
| 4:2022cv00063 |
| December 12, 2022 |
| US District Court for the Eastern District of Tennessee |
| Charles E Atchley |
| Christopher H Steger |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 32 NOTICE to Court of serve process by Andrea Parks (Attachments: #1 Mailing envelope)(ADA) |
| Filing 31 MOTION to inform the Court re issues with service as to Tina Metcalf by Andrea Parks. (ADA) |
| Filing 30 MOTION to Correct defendant's name by Andrea Parks. (ADA) |
Filing 29
ORDER. Plaintiffs motions [Docs. #27 and #28 ] are DENIED. Signed by District Judge Charles E. Atchley, Jr. on 1/20/23. (ADA)
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| Filing 28 MOTION to Amend, MOTION for Discovery by Andrea Parks. (Attachments: #1 envelope)(DJH) |
| Filing 27 MOTION to ask additional interrogatorys (sic) by Andrea Parks. (Attachments: #1 Mailing envelope)(ADA) |
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Filing 26
ORDER denying #25 motion seeking discovery from Defendants. Finally, the Court notes that Plaintiff has submitted his discovery requests to the Court #25 . Plaintiff is ADVISED that discovery requests and responses are not filed with the Court as a matter of course. Signed by District Judge Charles E. Atchley, Jr. on 1/12/23. (c/m Andrea Parks LINCOLN COUNTY JAIL 4151 THORNTON TAYLOR PARKWAY FAYETTEVILLE, TN 37334) (ADA)
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| Filing 25 MOTION for Discovery by Andrea Parks. (Attachments: #1 Mailing envelope)(ADA) |
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Filing 24
ORDER. Plaintiffs first motion seeks to clarify that he intends to sue Defendants in both their official and individual capacities #18 . The motion is well taken, and it is GRANTED. Plaintiff seeks to amend his prior motion for injunctive relief and Plaintiffs motion #19 is DENIED. Plaintiff next moves the Court for an order requiring Defendants attorney(s) to meet with him face-to-face pursuant to Rule 26 of the Federal Rules of Civil Procedure #20 . No Defendant has made an appearance in this case, and Plaintiffs motion #20 is DENIED as premature and unnecessary. Finally, Plaintiff asks the Court for permission to ask each Defendant up to five additional interrogatories #21 . Plaintiff has not provided the Court with any reason why he may not seek the necessary information within the generally applicable limits set by Rule 33(a) of the Federal Rules of Civil Procedure, and Plaintiffs motion #21 is DENIED.. Signed by District Judge Charles E. Atchley, Jr. on 1/9/23. (c/m Andrea Parks LINCOLN COUNTY JAIL 4151 THORNTON TAYLOR PARKWAY FAYETTEVILLE, TN 37334) (ADA)
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| Filing 23 Summons Issued as to Dawn Izabell, Lincoln County, and Tina Metcalf. (forwarded to USM ) (ADA) |
| Filing 22 NOTICE of filing completed service packets by Andrea Parks (ADA) |
| Filing 21 MOTION to Ask (5) Additional Interrogatorys [sic] by Andrea Parks. (ADA) |
| Filing 20 MOTION for Mandatory Meeting with Attorney(s) by Andrea Parks. (ADA) |
| Filing 19 MOTION to Amend Motion for Injunctive Relief by Andrea Parks. (ADA) |
| Filing 18 MOTION to Clarify to which Capacity by Andrea Parks. (ADA) |
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Filing 17
ORDER. Plaintiff, a pretrial detainee housed in the Lincoln County Jail, has filed motion to amend his pro se civil rights complaint alleging that he did not receive his prescription medication between December 30, 2022, and January 1, 2023 #16 . For the reasons that follow, the motion #16 is DENIED. Signed by District Judge Charles E. Atchley, Jr. on 1/6/23. (c/m Andrea Parks LINCOLN COUNTY JAIL 4151 THORNTON TAYLOR PARKWAY FAYETTEVILLE, TN 37334) (ADA)
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| Filing 16 MOTION to Amend #7 Complaint by Andrea Parks. (ADA) |
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Filing 15
ORDER, Because it is not clear that Plaintiff seeks to abandon the claims raised in his initial complaint, the Court DENIES the instant motion #14 without prejudice to Plaintiffs ability to file an amended complaint that contains all his claims (and all relevant facts as to those claims) against all Defendants in one single document. Signed by District Judge Charles E. Atchley, Jr. on 1/4/23. (c/m Andrea Parks LINCOLN COUNTY JAIL 4151 THORNTON TAYLOR PARKWAY FAYETTEVILLE, TN 37334 with 1983 form) (ADA)
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| Filing 14 MOTION to Amend #7 Complaint by Andrea Parks. (Attachments: #1 Mailing envelope)(ADA) |
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Filing 13
MEMORANDUM AND ORDER: It appears from Plaintiff's motion [Doc. #8 ] that he lacks the financial resources to pay the filing fee. Accordingly, pursuant to 28 U.S.C. 1915, this motion is GRANTED. Plaintiff is ASSESSED the civil filing fee of $350.00. The custodian of Plaintiff's inmate trust account is DIRECTED to submit to the Clerk. 1. The Clerk is DIRECTED to add Lincoln County to the docket as a Defendant; 2. Plaintiff has set forth a plausible claim of inadequate medical care against Defendants Lincoln County, Tina Metcalf, and Dawn Izabell; 3. The Clerk is DIRECTED to send Plaintiff service packets (a blank summons and USM 285 form) for Defendants Lincoln County, Metcalf, and Izabell; 4. Plaintiff is ORDERED to complete the service packets and return them to the Clerk's Office within twenty-one (21) days of entry of this Order; 5. At that time, the summonses will be signed and sealed by the Clerk and forwarded to the U.S. Marshal for service, see Fed. R. Civ. P. 4; 6. Plaintiff is NOTIFIED that if he fails to timely return the completed service packets, this action will be dismissed; 7. 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, it may result in entry of judgment by default against that Defendant; 8. All other claims and Defendants are hereby DISMISSED; 9. Plaintiff's motions for the appointment of counsel [Docs. #1 and #9 ] are DENIED; 10. Plaintiff's motion for injunctive relief [Doc. #10 ] is DENIED; and 11. Plaintiff is ORDERED to immediately inform the Court and Defendants their counsel of record of any address changes in writing. Signed by District Judge Charles E Atchley, Jr on 12/29/2022. (BJL)*Copy of Memorandum and Order with service packets mailed to Andrea Parks LINCOLN COUNTY JAIL 4151 THORNTON TAYLOR PARKWAY FAYETTEVILLE, TN 3733 and a copy of order mailed to the Custodian of Inmate Accounts for Lincoln County Jail. *Memorandum and Order sent ad hoc to the Court's Financial Deputy.
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| Filing 12 NOTICE To Court of Plaintiff's Gender, by Andrea Parks (BJL) |
| Filing 11 Request (titled motion) for status by Andrea Parks (Attachments: #1 Response mailed to Andrea Parks)(BJL) |
| Filing 10 MOTION for Injunctive Relief by Andrea Parks. (BJL) |
| Filing 9 MOTION to Appoint Counsel by Andrea Parks. (BJL) |
| Filing 8 MOTION for Leave to Proceed in forma pauperis by Andrea Parks. (AWS) |
| Filing 7 COMPLAINT against All Defendants, filed by Andrea Parks. (Attachments: #1 Letter, #2 Envelope)(AWS) |
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Filing 6
ORDER: The Clerk of Court is directed to send Plaintiff the appropriate application to proceed in forma pauperis with a copy of this Order. Signed by Magistrate Judge Christopher H Steger on 12/16/2022. (AWS) Mailed Order and IFP form to Andrea Parks.
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| Filing 5 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. (AWS) Mailed Notice, IFP Form, and Complaint Form to Andrea Parks. |
| Filing 4 Notice Regarding Requirement to Notify Court of Change of Address. (AWS) Mailed to Andrea Parks. |
| Filing 3 Letter from Andrea Parks. (Attachments: #1 Envelope) (AWS) |
| Filing 2 MOTION for Status by Andrea Parks. (AWS) |
| Filing 1 MOTION to Appoint Counsel by Andrea Parks. (Attachments: #1 Envelope)(AWS) |
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