Jones v. Walker et al
| Justin Ezra Jones |
| Brandon Smith and James Walker |
| 3:2019cv00442 |
| May 24, 2019 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Waverly D Crenshaw |
| Barbara D Holmes |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on June 21, 2019. A more recent docket listing may be available from PACER.
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Filing 19
ORDER granting #18 Motion for Karen A. Lynn to Appear Pro Hac Vice. Signed by Kirk L. Davies on 6/21/19. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| Filing 18 MOTION for attorney Karen A. Lynn to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2937629) by Brandon Smith, James Walker. (Lynn, Karen) |
| NOTICE TO COUNSEL Karen A. Lynn: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 7/9/2019. (am) |
| AL State Bar status verified as active for Karen A. Lynn, Daniel F. Beasley. Beasley admitted to practice in this District. (am) |
| Filing 17 MOTION Response to Plaintiff's Request for TRO misfiled in Case No. 3:18-cv-01397 by Brandon Smith, James Walker. (Beasley, Daniel) |
| Filing 16 NOTICE of Appearance by Karen A. Lynn on behalf of Brandon Smith, James Walker (Lynn, Karen) |
| NOTICE TO FILER re DE#15 : This document has been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (am) |
| Filing 15 NOTICE by Brandon Smith, James Walker of Intent to File Response (Beasley, Daniel) |
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Filing 14
ORDER granting #13 Motion to Take Deposition. Signed by Magistrate Judge Barbara D. Holmes on 6/11/2019. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 13 MOTION to Take Deposition from Justin Ezra Jones by Brandon Smith, James Walker. (Beasley, Daniel) |
| Filing 20 Motion for TRO with Memorandum in Support filed by Justin Ezra Jones. (am) Modified Text on 7/1/2019 (am). (Additional attachment(s) added on 7/1/2019: #1 Attachment - Proposed Order) (am). |
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Filing 12
SCHEDULING ORDER: Amended Pleadings due by 7/29/2019; Discovery due by 8/30/2019; and Dispositive Motions due by 9/16/2019. A non-jury evidentiary hearing will commence at 1:00 p.m., Wednesday, November 20, 2019. Signed by Magistrate Judge Barbara D. Holmes on 5/29/2019. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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Filing 11
ORDER: Presently pending is Plaintiff's motion for leave to file an amended complaint (Docket Entry No. 9 ). Although filed as a motion for leave to amend, what Plaintiff actually seeks is to sever his two claims so that they would proceed as separate cases. Defendants have not opposed the motion. Plaintiff's motion is GRANTED. The Clerk's Office shall terminate James Walker and Brandon Smith as defendants in the instant case and shall strike docket entry No. 13 from the docket in the instant action. The Clerk's Office is directed to open a new case styled as Justin Ezra Jones v. James Walker and Brandon Smith, which will consist of only Plaintiff's Eighth Amendment claims against these two defendants. The Clerk's Office shall copy and file as docket entries in the new case the following filings in the instant case: docket entry nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 13. A copy of the instant order shall be filed in both cases. The Clerk is directed to send a copy of this Order to Plaintiff by regular, first class mail (only). Signed by Magistrate Judge Barbara D. Holmes on 5/23/2019. (xc: Pro se party by regular mail.) (af)
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| Filing 10 ANSWER to #1 Complaint by Brandon Smith, James Walker.(af) (Main Document 10 replaced on 5/24/2019) (af). |
| Filing 9 MOTION to Amend Complaint by Justin Ezra Jones. (af) |
| Filing 8 Summons along with 285 form issued as to Tony Crawford, Robertson County Tenn., Brandon Smith, Michael Van Dyke, James Walker. Forwarded to U.S. Marshal to effect service. (af) |
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Filing 7
ORDER: Justin Jones, an inmate of the Robertson County Detention Facility in Springfield, Tennessee, has filed a pro se complaint for alleged violation of his civil rights pursuant to 42 U.S.C. 1983. (Doc. No. 1.) This matter is before the Court on Plaintiff's application to proceed in forma pauperis (IFP), which he has supplemented by filing his six-month trust account summary. (Doc. Nos. 2, 5.) Because it appears from Plaintiff's submissions that he lacks sufficient financial resources from which to pay the full filing fee in advance, his application to proceed IFP (Doc. No. 2 ) is GRANTED. However, under 1915(b), Plaintiff nonetheless remains responsible for paying the full filing fee. Accordingly, Plaintiff is hereby ASSESSED a $350 filing fee. The Clerk of Court is DIRECTED to send a copy of this Order to the Administrator of the Robertson County Detention Facility to ensure that the custodian of Plaintiff's inmate trust account complies with the portion of 28 U.S.C. 1915 pertaining to payment of the filing fee. For the reasons stated in the accompanying Memorandum Opinion 6, the Court finds that Plaintiff has not stated a claim for which relief can be granted against Southern Health Partners, and Southern Health Partners is DISMISSED from this action. Accordingly, The Clerk is INSTRUCTED to send Plaintiff service packets (a blank summons and USM 285 form) for the remaining Defendants. 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), including Plaintiff's pending motion for injunctive relief (Doc. No. 4 ), 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 Chief Judge Waverly D. Crenshaw, Jr on 4/1/2019.(xc:Pro se party by regular mail along with a service packet that includes 5 blank summons and USM 285 forms, plus a copy of this Order mailed to the Administrator of the Robertson County Detention Facility.) (af)
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| Filing 6 MEMORANDUM OPINION OF THE COURT. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/1/2019. (xc:Pro se party by regular mail.) (af) |
| Filing 5 Prisoner Trust Fund Account Statement by Justin Ezra Jones. (af) |
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Filing 4
ORDER: To be considered by the Court, such an application must be accompanied by a certified copy of the plaintiff's trust fund account statement (or institutional equivalent) for the 6-month period immediately preceding the filing of the complaint, obtained from the appropriate official at each facility in which the plaintiff has been confined during that 6-month period. If Plaintiff seeks to have this Court consider his complaint, he MUST promptly either pay the $400.00 filing fee in full or submit the required certified 6-month trust account statement to the court. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/15/2018. (af)
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| Filing 3 NOTICE regarding consent of the parties. (af) |
| Filing 2 APPLICATION to proceed IFP filed by Justin Ezra Jones. (af) |
| Filing 1 COMPLAINT filed by Justin Ezra Jones against Brandon Smith & James Walker.(af) |
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