Duke v. Taylor et al
Plaintiff: Brian E. Duke
Defendant: Ted Baltimore, Megan Taylor, Brandon Refit and Nicky Jordan
Case Number: 1:2020cv00065
Filed: October 8, 2020
Court: US District Court for the Middle District of Tennessee
Presiding Judge: William L Campbell
Referring Judge: Barbara D Holmes
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 23, 2020 Filing 18 Summons issued as to Ted Baltimore and Brandon Refit. (service copies forwarded to USM for service.) (vh)
November 23, 2020 Opinion or Order Filing 17 MEMORANDUM AND ORDER Assessing Filing Fee for Brian Duke: The Court GRANTS Plaintiff's motion (Doc. No. #12 ) to proceed IFP in this matter. Plaintiff is ASSESSED a $350 filing fee. The Clerk of Court is DIRECTED to send a copy of this Order to the Warden of the prison in which Plaintiff is currently housed. The Clerk is DIRECTED to ISSUE PROCESS to Defendants Baltimore and Refit at the address provided in the Amended Complaint. (See Doc. No. #14 at 23.) This case will proceed on the excessive force claims against Baltimore and Refit in their individual capacities. All other Defendants and claims are DISMISSED for failure to state a claim upon which relief can be granted. This action is REFERRED to the Magistrate Judge to enter a scheduling order for the management of the case, to dispose or recommend disposition of any pretrial motions under 28 U.S.C. 636(b)(1)(A) and (B), and to conduct further proceedings, if necessary, under Rule 72(b) of the Federal Rules of Civil Procedure and the Local Rules of Court. Signed by District Judge William L. Campbell, Jr on 11/23/2020. (xc:Pro se party and Warden by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
November 17, 2020 Filing 16 NOTICE of Filing by Brian E. Duke. (mg)
November 17, 2020 Filing 15 DECLARATION of Jimmy Bland filed by Brian E. Duke. (mg)
November 17, 2020 Filing 14 AMENDED COMPLAINT against Ted Baltimore, Nicky Jordan, Brandon Refit, Megan Taylor, filed by Brian E. Duke. (mg)
November 17, 2020 Filing 13 NOTICE of Filing by Brian E. Duke (mg)
November 17, 2020 Filing 12 APPLICATION for Leave to Proceed In Forma Pauperis by Brian E. Duke. (mg)
November 13, 2020 Opinion or Order Filing 11 ORDER: The Motions to Appoint Counsel (Doc. Nos. #6 , #9 ) are DENIED, without prejudice to Plaintiff's ability to raise the issue again at a later date if circumstances warrant. Signed by District Judge William L. Campbell, Jr on 11/13/2020. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
November 10, 2020 Filing 10 MEMORANDUM in Support of #9 MOTION to Appoint Counsel filed by Brian E. Duke. (dt)
November 10, 2020 Filing 9 MOTION for Appointment of Counsel by Brian E. Duke. (dt) Modified on 11/13/2020 (dt).
October 26, 2020 Opinion or Order Filing 8 MEMORANDUM AND ORDER: APPLICATION for Leave to Proceed In Forma Pauperis #3 is Denied without prejudice. The Clerk of Court is DIRECTED to mail Plaintiff a new blank application to proceed in forma pauperis and a copy of Administrative Order 93. The Clerk of Court is DIRECTED to provide Plaintiff with a blank Section 1983 complaint form for his use in drafting his amended complaint. Plaintiff MUST include the matter number for this case (1:20-cv-00065) on his amended complaint. Signed by District Judge William L. Campbell, Jr on 10/26/2020. (xc: Pro se party w/ AO 93, IFP form and complaint by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 10/27/2020 (dt).
October 23, 2020 Filing 7 MEMORANDUM of Law in Support of #6 MOTION to Appoint Counsel filed by Brian E. Duke. (dt)
October 23, 2020 Filing 6 MOTION to Appoint Counsel by Brian E. Duke. (dt)
October 9, 2020 Filing 5 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (vh)
October 9, 2020 Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (vh)
October 8, 2020 Filing 4 DECLARATION of Brian E. Duke filed by Brian E. Duke re: #3 MOTION for Leave to Proceed In Forma Pauperis. (vh)
October 8, 2020 Filing 3 MOTION for Leave to Proceed In Forma Pauperis by Brian E. Duke. (vh)
October 8, 2020 Filing 2 AFFIDAVIT by Brian E. Duke. (vh)
October 8, 2020 Filing 1 COMPLAINT against Ted Baltimore, Nicky Jordan, Brandon Refit, and Megan Taylor, filed by Brian E. Duke. (Attachments: #1 Exhibits A-J Supporting Documents)(vh)

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Plaintiff: Brian E. Duke
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Defendant: Ted Baltimore
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Defendant: Megan Taylor
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Defendant: Brandon Refit
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Defendant: Nicky Jordan
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