Henderson v. Lincoln County Jail
| Timothy Henderson |
| Lincoln County Jail |
| 4:2023cv00052 |
| December 4, 2023 |
| US District Court for the Eastern District of Tennessee |
| Charles E Atchley |
| Christopher H Steger |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 12
JUDGMENT ORDER re #11 Memorandum Opinion and Order: 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 and Order 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 Charles E Atchley, Jr on 1/24/2024. (BJL)*Mailed to Timothy Henderson atbBe the Bush Recovery Ministries 110 College Street Normandy, TN 37360
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Filing 11
MEMORANDUM OPINION AND ORDER: 1. The Clerk is DIRECTED to update Plaintiff's address in the manner set forthabove; 2. Even liberally construing the complaint in favor of Plaintiff, it fails to state a claim upon which relief may be granted under 1983; 3. Accordingly, this action will be DISMISSED pursuant to 28 U.S.C. 1915(e)(2)(B) and 1915A; and 4. 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 WILL ENTER. Signed by District Judge Charles E Atchley, Jr on 1/24/2024. (BJL)*Mailed to Timothy Henderson at Be the Bush Recovery Ministries 110 College Street Normandy, TN 37360
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Filing 10
MAIL RETURNED as Undeliverable. Mail sent to Timothy Henderson re #9 Notice Regarding Requirement to Notify Court of Change of Address (AML)
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Filing 9
Notice Regarding Requirement to Notify Court of Change of Address (BJL)*Mailed to Timothy Henderson LINCOLN COUNTY JAIL 4151 THORNTON TAYLOR PARKWAY FAYETTEVILLE, TN 37334
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Filing 8
Case transferred in from District of Tennessee Middle; Case Number 3:23-cv-01146.
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District Judge Charles E Atchley, Jr and Magistrate Judge Christopher H Steger added. (GRE)
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Filing 7
ORDER: From a review of Plaintiff's Application, it appears that Plaintiff lacks sufficient financial resources from which to pay the full filing fee in advance. Therefore, his Application (Doc. No. #2 ) is GRANTED. Accordingly, Plaintiff is hereby assessed the full civil filing fee of $350, to be paid as follows. The custodian of Plaintiff's inmate trust fund account at the institution where he now resides is DIRECTED to submit to the Clerk of Court, as an initial payment, "20 percent of the greater of - (a) the average monthly deposits to Plaintiff's account; or (b) the average monthly balance in Plaintiff's account for the 6-month period immediately preceding the filing of the complaint." 28 U.S.C. 1915(b)(1). The Clerk of Court is DIRECTED send a copy of this Order to the administrator of inmate trust fund accounts at the Lincoln County Jail. Because the events giving rise to this action occurred in the Eastern District of Tennessee, the Court presumes that any potential witnesses are also located within the Eastern District. Accordingly, this action shall be TRANSFERRED to the Eastern District of Tennessee, Winchester Division. The required screening of the complaint is more appropriately handled by the transferee court. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/29/23. (xc:Pro se party by regular mail. A copy of this Order mailed to the administrator of inmate trust fund accounts at the Lincoln County Jail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad) [Transferred from Tennessee Middle on 12/4/2023.]
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Filing 6
Prisoner Trust Fund Account Statement by Timothy Henderson. (af) [Transferred from Tennessee Middle on 12/4/2023.]
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Filing 5
SUPPLEMENT filed by Timothy Henderson re #1 Complaint. (af) [Transferred from Tennessee Middle on 12/4/2023.]
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Filing 4
ORDER: To proceed as a pauper, Plaintiff MUST submit the required certified statement within 30 days of entry of this Order. The required certified statement need not be notarized. The facility custodian of Plaintiff's inmate account should simply sign and date the inmate trust fund statement (which makes the statement "certified"). For Plaintiff's convenience, the Clerk is DIRECTED to return the original statement submitted by Plaintiff. (See Doc. No. #2 at 3-4). Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/8/2023. (xc:Pro se party by regular mail along with original statement. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) [Transferred from Tennessee Middle on 12/4/2023.]
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Filing 3
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (af) [Transferred from Tennessee Middle on 12/4/2023.]
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Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (af) [Transferred from Tennessee Middle on 12/4/2023.]
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Filing 2
APPLICATION for Leave to Proceed In Forma Pauperis by Timothy Henderson. (af) [Transferred from Tennessee Middle on 12/4/2023.]
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Filing 1
COMPLAINT against Lincoln County Jail, filed by Timothy Henderson. (Attachments: #1 Attachment - Pleading Form, #2 Attachment - Unsigned Summons Letter)(af) [Transferred from Tennessee Middle on 12/4/2023.]
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