Hessmer v. Colson et al
Plaintiff: John Allen Hessmer
Defendant: Roland Colson, Derrick Schofield and TDOC
Case Number: 3:2012cv00459
Filed: May 7, 2012
Court: US District Court for the Middle District of Tennessee
Office: Nashville Office
County: Davidson
Presiding Judge: Aleta A. Trauger
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
October 19, 2012 Opinion or Order Filing 32 ORDER: In an abundance of caution, however, the Clerk of Court is DIRECTED to forward copies of this order and the plaintiff's most recent filings (ECF Nos. 30 and 31 ) to the Sixth Circuit Court of Appeals. Signed by District Judge Aleta A. Trauger on 10/19/12. (xc:Pro se party by regular and certified mail. 6CCA DE#30, 31 and this order via email.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
August 22, 2012 Opinion or Order Filing 25 ORDER: The plaintiff, John Allen Hessmer, has mailed to the court a copy of what appears to be a Brief that he has presumably filed with the Sixth United States Circuit Court of Appeals. It is hereby ORDERED that the Clerk shall docket this document in the file of this case, which is presently on appeal from this court. Signed by District Judge Aleta A. Trauger on 8/22/12. (xc:Pro se party by regular and certified mail.)(dt)
July 24, 2012 Opinion or Order Filing 22 ORDER: Mr. Hessmer must either submit the appellate filing fee or obtain leave from the Sixth Circuit Court of Appeals to proceed as a pauper. His application to proceed as a pauper in the Court of Appeals must be filed within 30 DAYS of the date thi s order is entered on the electronic docket. Failure either to submit the filing fee or to obtain leave to proceed as a pauper directly from the Sixth Circuit Court of Appeals may result in dismissal of the appeal. The court hereby CERTIFIES that Mr. Hessmer's appeal is taken in good faith. The Clerk of Court is DIRECTED to give notice of this order to the Sixth Circuit Court of Appeals. Signed by District Judge Aleta A. Trauger on 7/24/12. (dt)
June 21, 2012 Opinion or Order Filing 17 ORDER: Most recently, the plaintiff has also filed a document entitled "Rule 60 Motion." The Clerk of Court is DIRECTED to file this document as a separate docket entry to make it part of the record in this case. In this document, the plain tiff seeks to "correct" an "issue of fact" by stating that he is in "danger of imminent serious bodily injury of advancing throat cancer and at this rate, plaintiff's dire medical circumstances shall become fatal by this court's concurrent deliberate indifference." The court takes notice of this correction, but nonetheless continues to find that nothing but conjecture and supposition support the plaintiff's allegation that he is in imminent danger of serious bodily injury. The plaintiff is herewith assessed the full $350.00 civil filing fee. The custodian of the 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 according to the terms outlined in this order. This matter is DISMISSED WITHOUT PREJUDICE for failure to comply with the instructions of the court and for want of prosecution. Signed by District Judge Aleta A. Trauger on 6/21/12. (xc:Pro se party and Warden by regular and certified mail.)(dt)
May 30, 2012 Opinion or Order Filing 11 ORDER: The plaintiff, John Allen Hessmer, has submitted to the undersigned a "Rule 60(b) Motion or Instanter Appeal," and a Notice of Appeal along with an In Forma Pauperis Declaration, for the purpose of seeking to appeal as a pauper. The Clerk of Court is DIRECTED to file these documents as separate docket entries to make them part of the record in this case. The court construes the "Rule 60(b) Motion or Instanter Appeal" as a motion to reconsider the order denying the plai ntiff's application to proceed in forma pauperis. The motion to reconsider is therefore Denied. With respect to the Notice of Appeal, the court notes that it has not entered a final order in this matter and that the proposed appeal lacks any bas is for appellate jurisdiction. The court therefore construes the notice of appeal as a motion to certify issues for interlocutory appeal. The court therefore DENIES the motion for certification of an interlocutory appeal. The plaintiff will be requir ed to resubmit his notice of appeal and application to proceed as a pauper if the court ultimately enters final judgment against him in this matter. Signed by District Judge Aleta A. Trauger on 5/31/12. (xc:Pro se party by regular and certified mail.)(dt)
May 22, 2012 Opinion or Order Filing 6 ORDER: The Clerk of Court is DIRECTED to file the Notice, with attachment, and the Affidavit, to make them part of the record in this case. The plaintiff is directed to submit any further filings in this case to the Clerk of Court, 801 Broadway Room 800, Nashville, TN 37203, rather than to the attention of the undersigned. Signed by District Judge Aleta A. Trauger on 5/22/12. (xc:Pro se party by regular and certified mail.)(dt)
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Defendant: Roland Colson
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Defendant: Derrick Schofield
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Defendant: TDOC
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Plaintiff: John Allen Hessmer
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