Tucker v. Perry et al

Tucker v. Perry et al

Case Number:	1:2023cv00037
Filed:	August 24, 2023
Court:	US District Court for the Middle District of Tennessee
Office:	Columbia Office
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights

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Date Filed	Document Text
November 28, 2023	Filing 14 MEMORANDUM OPINION AND ORDER: Because it appears from Plaintiff's application that he lacks the funds to pay the entire filing fee in advance, that application (Doc. No. 10 ) is GRANTED and a $350 filing fee is ASSESSED. The warden of the facility in which Plaintiff is currently housed, as custodian of his trust account, is DIRECTED to submit to the Clerk of Court, as an initial payment. The Clerk of Court MUST send a copy of this Order to the warden of the facility in which Plaintiff is currently housed to ensure compliance with that portion of 28 U.S.C. § 1915 pertaining to the payment of the filing fee. The Motion to Appoint Counsel (Doc. No. 13 ) is DENIED WITHOUT PREJUDICE to renewal if warranted after service of proce ss is accomplished. The Amended Complaint states nonfrivolous claims against Defendants Perry, Tilly and Franks that will proceed for further development. Accordingly, the Clerk is INSTRUCTED to send Plaintiff a service packet (blank summons and USM 285 form) for each of these three Defendants. Defendants Clark and Strada are DISMISSED from this action. 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. It is so ORDERED. Signed by District Judge William L. Campbell, Jr on 11/28/2023. (xc:Pro se party by regular mail along with 3 service packets. Note: Copy of order sent to the warden of the facility. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
August 24, 2023	Filing 9 MEMORANDUM AND ORDER: Plaintiff's motion for an extension of time to cure the filing-fee deficiency (Doc. No. 8 ) is GRANTED. Within 30 DAYS from the entry of this Order, Plaintiff must either pay the filing fee or file an application to proce ed without prepayment. For the reasons given above, Plaintiff's Motion for Preliminary Injunction (Doc. No. 7 ) is DENIED. It is so ORDERED. Signed by District Judge William L. Campbell, Jr on 8/24/2023. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

Date Filed

Document Text

November 28, 2023

Filing 14 MEMORANDUM OPINION AND ORDER: Because it appears from Plaintiff's application that he lacks the funds to pay the entire filing fee in advance, that application (Doc. No. 10 ) is GRANTED and a $350 filing fee is ASSESSED. The warden of the facility in which Plaintiff is currently housed, as custodian of his trust account, is DIRECTED to submit to the Clerk of Court, as an initial payment. The Clerk of Court MUST send a copy of this Order to the warden of the facility in which Plaintiff is currently housed to ensure compliance with that portion of 28 U.S.C. § 1915 pertaining to the payment of the filing fee. The Motion to Appoint Counsel (Doc. No. 13 ) is DENIED WITHOUT PREJUDICE to renewal if warranted after service of proce ss is accomplished. The Amended Complaint states nonfrivolous claims against Defendants Perry, Tilly and Franks that will proceed for further development. Accordingly, the Clerk is INSTRUCTED to send Plaintiff a service packet (blank summons and USM 285 form) for each of these three Defendants. Defendants Clark and Strada are DISMISSED from this action. 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. It is so ORDERED. Signed by District Judge William L. Campbell, Jr on 11/28/2023. (xc:Pro se party by regular mail along with 3 service packets. Note: Copy of order sent to the warden of the facility. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

August 24, 2023

Filing 9 MEMORANDUM AND ORDER: Plaintiff's motion for an extension of time to cure the filing-fee deficiency (Doc. No. 8 ) is GRANTED. Within 30 DAYS from the entry of this Order, Plaintiff must either pay the filing fee or file an application to proce ed without prepayment. For the reasons given above, Plaintiff's Motion for Preliminary Injunction (Doc. No. 7 ) is DENIED. It is so ORDERED. Signed by District Judge William L. Campbell, Jr on 8/24/2023. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

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