Tolson v. Washburn et al
Plaintiff: Damiean Devon Tolson
Defendant: f/n/u Hunter, f/n/u Hudson, f/n/u Roach, T. Greer, f/n/u Howard and Warden f/n/u Washburn
Case Number: 3:2019cv00175
Filed: February 22, 2019
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Alistair Newbern
Referring Judge: Eli J Richardson
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 18, 2019 Opinion or Order Filing 17 ORDER granting #16 Motion to add additional defendants. Because no answer has yet been filed in this action, Plaintiff Tolson may amend his complaint as a matter of right. Fed. R. Civ. P. 15(a). Tolson is ORDERED to file his amended complaint including all of the claims he wishes to raise against all defendants by May 2, 2019. Signed by Magistrate Judge Alistair Newbern on 4/18/2019. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
April 17, 2019 Opinion or Order Filing 16 MOTION to Add Additional Defendants by Damiean Devon Tolson. (dt)
April 10, 2019 Opinion or Order Filing 15 ORDER: For the reasons stated in the accompanying Memorandum Opinion, the Court finds that Plaintiff has stated claims against Defendants Hudson and Roach for Eighth Amendment violations and against Defendant Hudson for retaliation. All other Defendants and claims are hereby DISMISSED. For the reasons explained in the accompanying Memorandum Opinion, Plaintiff's motion for temporary restraining order (Doc. No. #2 ) is DENIED. Plaintiff's motion to appoint counsel (Doc. No. #3 ) is DENIED without prejudice to Plaintiff's ability (or the Court's) to raise the issue again at a later date if circumstances warrant. The Clerk is INSTRUCTED to send Plaintiff service packets (a blank summons and USM 285 form) for Defendants Hudson and Roach. Plaintiff MUST complete the service packets and return them to the Clerk's office within 21 days of the date of this Order. Upon return of the completed service packets, PROCESS SHALL ISSUE. 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 Eli J. Richardson on 4/10/19. (xc:Pro se party 2 service packets by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
April 10, 2019 Opinion or Order Filing 14 MEMORANDUM OPINION Signed by District Judge Eli J. Richardson on 4/10/19. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
March 27, 2019 Opinion or Order Filing 13 RECEIPT #34675054263 in the amount of $400.00 posted by Damiean Devon Tolson re #1 Complaint and #5 Order. (dt)
March 27, 2019 Opinion or Order Filing 12 ANSWER filed by Damiean Devon Tolson to #5 Order. (dt) Modified on 3/28/2019 (dt).
March 26, 2019 Opinion or Order Filing 11 GREEN CARD RETURNED Executed as to Damiean Devon Tolson re: #5 and #9 Order. (dt)
March 21, 2019 Opinion or Order Filing 10 CERTIFIED MAIL RECEIPT re #5 and #9 Orders. (dt)
March 21, 2019 Opinion or Order Filing 9 ORDER: The Court has received a letter from Plaintiff dated March 15, 2019, in which he states that he never received the Court's previous Order and knows of its existence only because of a telephone call he placed to the Clerk's office. (Doc. No. #7 ). He asks that the Order be re-sent to him and for an additional 30 days in which to respond. That request is GRANTED in part. The Clerk is DIRECTED to provide Plaintiff with a copy of the March 7 Order with this Order and to send the mailing via certified mail with receipt requested. Plaintiff has 21 days from the date of entry of this Order to comply with the previous Order. Signed by District Judge Eli J. Richardson on 3/21/19. (xc:Pro se party w/ Order #5 by certified regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
March 20, 2019 Opinion or Order Filing 8 Letter from Damiean Tolson re: grievance issues. (dt)
March 20, 2019 Opinion or Order Filing 7 Letter from Damiean Tolson re: extension of time. (Resent Order DE#5 and Notice to Damiean Tolson by regular mail.) (dt)
March 13, 2019 Opinion or Order Filing 6 Letter from Damican Tolson re: grievance issues. (dt)
March 7, 2019 Opinion or Order Filing 5 ORDER: Plaintiff is barred by 28 U.S.C. 1915(g) from proceeding in this case without prepayment, and the Court DENIES him leave to do so. Plaintiff is DIRECTED to remit the full $400.00 filing fee within 28 days from the date of entry of this Order. Plaintiff is warned that failure to remit the full $400.00 filing fee within 28 days will result in dismissal of this action for failure to prosecute. In that event, the full amount of the filing fee will still be assessed against him and collected from his inmate trust account. At the same time, Plaintiff MUST show cause why he should not be sanctioned for falsely indicating in his certified complaint that he has filed only one previous lawsuit in federal court and that he has never had a case dismissed pursuant to the three strikes rule. Signed by District Judge Eli J. Richardson on 3/7/19. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 3/8/2019 (dt).
February 27, 2019 Opinion or Order Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (afs)
February 27, 2019 Opinion or Order Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (afs)
February 22, 2019 Opinion or Order Filing 3 MOTION to Appoint Counsel by Damiean Devon Tolson. (Document not signed.)(afs) Modified on 2/27/2019 (afs).
February 22, 2019 Opinion or Order Filing 2 MOTION for Temporary Restraining Order by Damiean Devon Tolson. (afs)
February 22, 2019 Opinion or Order Filing 1 COMPLAINT against T. Greer, f/n/u Howard, f/n/u Hudson, f/n/u Hunter, f/n/u Roach, f/n/u Washburn, filed by Damiean Devon Tolson.(afs)

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Defendant: f/n/u Hunter
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Defendant: f/n/u Hudson
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Defendant: f/n/u Roach
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Defendant: T. Greer
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Defendant: f/n/u Howard
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Defendant: Warden f/n/u Washburn
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Plaintiff: Damiean Devon Tolson
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