Parish et al v. Braggs et al
| Joshua Bret Parish and Heath W. Hicks |
| Dept Jamie Braggs, Dept f/n/u Battes, Dept f/n/u Stallard, Dept f/n/u Walker and Chief f/n/u Cox |
| 1:2023cv00053 |
| August 31, 2023 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Barbara D Holmes |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 23
ORDER: Joshua Bret Parish and Health W. Hicks, both pretrial detainees in the custody of the Hickman County Sheriff's Office in Centerville, Tennessee, co-filed this pro se action under 42 U.S.C. 1983 against Dept Jamie Braggs, Dept f/n/u Battes, Dept f/n/u Stallard, and Dept f/n/u Walker. Both Parish and Hicks have filed Applications for Leave to Proceed In Forma Pauperis. (Doc. Nos. #2 , #13 , #14 ) and supporting documents (Doc. No. #16 ). From a review of their submissions, it appears Plaintiffs lack sufficient financial resources from which to pay the full filing fee in advance. Therefore, their Applications (Doc. Nos. #2 , #13 , #14 ) are GRANTED. Accordingly, each Plaintiff (Parish and Hicks) is hereby assessed his portion of the $350 filing fee ($175), to be paid as follows. The custodian of each 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." The Clerk of Court is DIRECTED send a copy of this order to the administrator of inmate trust fund accounts at the Hickman County Sheriff's Office. The following motions by Parish are DENIED: "Motion of Transport for Lawsuit" (Doc. No. #3 ), Motion for Jail Transfer (Doc. No. #7 ), "Motion of Transport for Lawsuit against Hickman County Jail Staff" (Doc. No. #8 ), two Requests for Jail Transfer (Doc. Nos. #15 & #17 ), Motion of Transfer (Doc. No. #18 ) and Motion for Transfer (Doc. No. #21 ). Parish's "Motion of Transfer" (Doc. No. #11 ) and Motion for Extension of Time (Doc. No. #20 ) are DENIED AS MOOT. The Clerk is DIRECTED to add Chief f/n/u Cox as a Defendant to this action. the excessive force claims against Officers Bragg, Stallard, and Walker in their individual capacities fails to state Section 1983 claims upon which relief can be granted. Those claims, therefore, are DISMISSED. Consequently, the Clerk is instructed to send Plaintiffs service packets (a blank summons and USM 285 form) for the remaining Defendants: Battes and Cox. Plaintiffs MUST complete the service packets and return them to the Clerk's Office within 30 days of the date of entry of this Order. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), this action is REFERRED to the Magistrate Judge. Signed by District Judge William L. Campbell, Jr on 10/27/23. (xc:Pro se party by regular mail along with a blank summons and USM 285 form for the remaining Defendants: Battes and Cox.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 22
MEMORANDUM OPINION OF THE COURT. Signed by District Judge William L. Campbell, Jr on 10/27/23. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 21
MOTION for Transfer by Joshua Bret Parish. (ad)
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Filing 20
MOTION for Extension of Time to File Paperwork for Lawsuit by Joshua Bret Parish. (ad) Modified text on 10/24/2023 (hb).
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Filing 19
Letter from Joshua Parish regarding assistance with lawsuit. (ad)
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Filing 18
MOTION of Transfer by Joshua Bret Parish. (ad)
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Filing 17
Request for Jail Transfer by Joshua Bret Parish. (unsigned) (ad)
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Filing 16
Prisoner Trust Fund Account Statement by Joshua Bret Parish. (ad)
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Filing 15
Request for Jail Transfer by Joshua Bret Parish. (unsigned) (ad) Modified on 10/3/2023 (ad).
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Filing 14
APPLICATION for Leave to Proceed In Forma Pauperis by Joshua Bret Parish. (ad)
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Filing 13
APPLICATION for Leave to Proceed In Forma Pauperis by Heath W. Hicks. (mg)
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Filing 12
ORDER: Joshua Bret Parish and Health W. Hicks, both inmates of the Hickman County Sheriff's Office in Centerville, Tennessee, co-filed this pro se action under 42 U.S.C. 1983 against Dept Jamie Braggs, Dept f/n/u Battes, Dept f/n/u Stallard, and Dept f/n/u Walker. (Doc. No. #1 ). Parish also filed a "Motion of Transport for Lawsuit." (Doc. No. #3 ). In addition to the submissions by Parish and Hicks, the Court has received an Amended Complaint bearing the case number of the instant case. (Doc. No. #6 at 1). While the Amended Complaint lists Parish and Hicks as Plaintiffs, it also lists Jason Russell and Michael Glenn Singer, who appear to be inmates of the Hickman County Jail. (Doc. No. #6 at 1). However, the Amended Complaint does not contain the signatures of Parish, Hicks, Russell, or Singer. A filing submitted by a pro se party must bear the party's signature. See Fed. R. Civ. P. 11(a) (requiring all parties not represented by an attorney to personally sign every filing submitted to the court). Accordingly, all persons who wish to be considered as co-plaintiffs to this action MUST, no later than October 11, 2023, (1) sign the complaint (or a copy of the complaint) submitted by Plaintiffs Parish and Hicks in this action and return that signed complaint to the Court and (2) submit an application for leave to proceed in forma pauperis or a written statement stating their intention to pay their portion of the filing fee in this case. Signed by District Judge William L. Campbell, Jr on 09/20/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 11
MOTION of Transfer by Joshua Bret Parish, Michael Glenn Singer. (ad)
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Filing 10
SUPPLEMENT filed by Joshua Bret Parish re #1 Complaint. (ad)
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Filing 9
SUPPLEMENT filed by Heath W. Hicks re #1 Complaint. (ad)
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Filing 8
MOTION of Transport for Lawsuit Against Hickman County Jail Staff by Joshua Bret Parish. (ad)
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Filing 7
MOTION for Jail Transfer by Joshua Bret Parish. (ad)
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Filing 6
AMENDED COMPLAINT against f/n/u Battes, Jamie Braggs, f/n/u Stallard, f/n/u Walker, filed by Joshua Bret Parish. (unsigned)(ad) (Main Document 6 replaced on 9/18/2023) (ad).
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Filing 5
ORDER: Joshua Bret Parish and Health W. Hicks, both inmates of the Hickman County Sheriff's Office in Centerville, Tennessee, co-filed this pro se action under 42 U.S.C. 1983 against Dept Jamie Braggs, Dept f/n/u Battes, Dept f/n/u Stallard, and Dept f/n/u Walker. (Doc. No. #1 ). Parish also has filed a "Motion of Transport for Lawsuit." (Doc. No. #3 ). Plaintiff Parish has filed an Application for Leave to Proceed In Forma Pauperis. (Doc. No. #2 ). However, he has not submitted a certified copy of his inmate trust fund account statement for the 6- month period immediately preceding the filing of his complaint as required by 28 U.S.C. 1915(a)(2). Therefore, Plaintiff Parish MUST submit the missing statement to the Court, within 30 days of entry of this Order, if he wishes to proceed as a pauper in this action. Plaintiff Hicks has not submitted an application for leave to proceed in forma pauperis or his portion of the civil filing fee. Therefore, the Clerk is DIRECTED to send Plaintiff Hicks a blank application for leave to proceed in forma pauperis for prisoners. The Court will address Plaintiff Parish's "Motion of Transport" after the matter of the filing fee has been resolved. Finally, the Clerk is DIRECTED to mail each Plaintiff a copy of the Court's Information Sheet entitled How to Begin a Pro Se Civil Rights Action. Signed by District Judge William L. Campbell, Jr on 09/01/23. (xc:Pro se parties by regular mail along with a copy of the Court's Information Sheet entitled How to Begin a Pro Se Civil Rights Action and a blank application for leave to proceed in forma pauperis for prisoners to Plaintiff Hicks.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 4
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc)
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Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (kc)
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Filing 3
MOTION of Transport for Lawsuit by Joshua Bret Parish. (kc)
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Filing 2
APPLICATION for Leave to Proceed In Forma Pauperis by Joshua Bret Parish. (kc)
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Filing 1
COMPLAINT against f/n/u Battes, Jamie Braggs, f/n/u Stallard, f/n/u Walker, filed by Joshua Bret Parish, Heath W. Hicks.(kc) (Additional attachment(s) added on 8/31/2023: #1 Attachment 1) (kc).
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