Bennett et al v. Parker et al
| Pshawn Oliver, Donald Peoples, Walter Patrick, Jameson Wright, Jerry Earl, Tramond Lenor, Devonta Cunningham, Daquawn Simmons, Deandrey Peterson, Dondre Johnson, Michael Holmes, Javonta Perkins, Jerron Braden, Devonte Grimes, Martez Matthews, Stephen Lester, Samuel Shaw, Brandon Vance, Merrico Jackson, Ron Williamson, Stemons Graves, Mario Bowles, Brandon Johnson, James Fields, Andrew Jones, Antonio Toomes, Devontavious Bryant, Demario Driver, Tedarrius Myles, Jamon Robinson, Gerraldo White, Lavonta Simmons, Deangelo Taylor, Jarvis Hoover, Terry Fisher, Kedrick Carwell, Ezra Shelton, David McDonald, Davarius Smith, Quinzell Grasty, Lorenzo McKinney, Antonio Dodson, Stavon Riley, Devan Denton, Ezra Butler, Kentavis Jones, L. Kerley, Tazwone Mattress, Tyler RayBon-Tate, Damarkus Lowe, Keanu Ross, Audarius Watts, Gregory Griggs, Lawrence Young, Jerome Sanders, Mario Patterson, Melvin King, Franklin Wood, Cordarius Reid, Darrian White, Markelle Settles, Anthony Woods, Evan Kenyon Knox, Tony Britton, Teddie Fason, Deangelo Montez Moody, Dalvin Smith, Tony Dixon, Daramis Sharkey, Christopher Bassett, Elbert Gleaves, Zebulon Byrd, Jurico Readus, Johnny Wade, Corey Bennett, Keeuntaye Jackson, Isaiah Walker, Mario Reed, Martiness Henderson and Jerome Holt |
| Tony Parker and Donna Turner |
| 3:2019cv00456 |
| May 29, 2019 |
| US District Court for the Middle District of Tennessee |
| Alistair Newbern |
| Aleta A Trauger |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 40 Letter from Mario Bowles re: open case inquiry.. (as) |
Filing 39
ORDER: Corey Bennett is an inmate at the Riverbend Maximum Security Institution in Nashville, Tennessee. These three actions are among the eight pro se civil rights actions Bennett brought under 42 U.S.C. 1983 in this court in May and June 2019. In all eight cases, the court entered an order summarizing Bennett's lengthy history of filing frivolous litigation in the Middle District of Tennessee and Bennett's more recent practice of falsely listing other inmates as co-plaintiffs in his cases. See, e.g., Bennett v. Mays, et al., Case No. 3:19-cv-00406, Doc. No. 9 at 312 (M.D. Tenn. June 18, 2019). Bennett has now filed a notice of appeal #36 in three of these eight cases. In all three cases, however, Bennett did not submit either the $505.00 fee required to file an appeal or a motion for permission to appeal in forma pauperis. Nonetheless, for the reasons stated in the court's previous order, see, e.g., id., Doc. No. #9 , the court CERTIFIES that these three appeals are NOT taken in good faith. 28 U.S.C. 1915(a)(3). Accordingly, the court will not grant Bennett leave to proceed in forma paueris on these three appeals. The Clerk of Court is DIRECTED to forward a copy of this order to the Sixth Circuit Court of Appeals. Signed by District Judge Aleta A. Trauger on 7/23/2019. (xc:Pro se party by regular mail along with an email of this Order to the Sixth Circuit.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 38 USCA Case Number 19-5772 for #36 Notice of Appeal filed by Corey Bennett. Case Administrator - Cheryl Borkowski. (jw) |
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Filing 37
ORDER DISMISSING CASE: Bennett has now filed a motion #32 to voluntarily dismiss his eight pending actions. Accordingly, Bennett's motion to dismiss these eight cases is GRANTED. The cases are DISMISSED. All other pending motions are DENIED AS MOOT. Signed by District Judge Aleta A. Trauger on 7/15/2019. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Main Document 37 replaced on 7/15/2019) (mg).
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| Filing 36 NOTICE OF APPEAL as to #8 Order by Corey Bennett. (Filing Fee NOT Paid.) (mg) |
| Filing 34 MOTION to Voluntarily Dismiss the following cases: 3:19-cv-0406, 3:19-cv-424, 3:19-cv-455, 3:19-cv-456, 3:19-cv-457, 3:19-cv-0470, 3:19-cv-471 and 3:19-cv-473 by Corey Bennett. (mg) |
| Filing 35 Letter from Melvin King III requesting to be removed from this action. (Note: Copy of Order #9 reissued by regular mail to King.) (mg) |
| Filing 33 Letter from Corey Bennett requesting copy of letter from Demario Driver, Docket Entry No. #4 . Note: Copy of Letter mailed to Bennett per Pro Se Law Clerk approval. (mg) |
| Filing 32 MOTION to Voluntarily Dismiss the following cases: 3:19-cv-0406, 3:19-cv-424, 3:19-cv-455, 3:19-cv-456, 3:19-cv-457, 3:19-cv-0470, 3:19-cv-471 and 3:19-cv-473 by Corey Bennett. (mg) Modified on 7/15/2019 (mg). |
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Filing 29
ORDER: The motion #28 is FOUND MOOT. Watts has already been terminated as a party to this action by the Court's June 18, 2019 order. A copy of that order has been sent to Watts by the Clerk's Office under separate cover. Signed by Magistrate Judge Alistair Newbern on 7/9/2019. (xc:Pro se party by regular mail.) (mg)
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| Filing 31 Letter from Evan Kenyon Knox requesting copy of Complaint and to inform the Court that he is not a party to this action. Order #9 reissued by regular mail to Evan Knox. (mg) |
| Filing 30 Letter from Corey Bennett requesting copy of the docket sheet. Note: Copy of docket sheet issued via regular mail to Corey Bennett. (mg) |
| Filing 28 MOTION to be Relieved and Dismissed from Suit by Audarius Watts. Note: Watts has been reissued Order #9 that notes his termination in this action. (mg) |
| Filing 27 MOTION to Voluntarily Dismiss Case by Corey Bennett. (mg) |
| Filing 26 Letter from Corey Bennett requesting copy of docket sheet. Note: Copy of docket sheet sent to Bennett via regular mail on 7/8/2019. (mg) |
| Filing 25 Mail Returned as Inmate "Refused to Accept - Return to Sender." #8 Order. Mail sent to Tazwone Mattress. (mg) |
| Filing 24 Mail Returned as "Return to Sender - Refused - Unable to Forward. #6 Order Referring Case to Magistrate Judge. Mail sent to Quinzell Grasty. (mg) |
| Filing 23 Mail Returned as "Return to Sender - Gone." #6 Order Referring Case to Magistrate Judge. Mail sent to Cordarius Reid. (mg) |
| Filing 22 Mail Returned as Inmate "Refused" mail. #6 Order Referring Case to Magistrate Judge. Mail sent to Jarvis Hoover. (mg) |
| Filing 21 Mail Returned as "Return to Sender - Incorrect TDOC Number." #6 Order Referring Case to Magistrate Judge. Mail sent to Terry Fisher. (mg) |
| Elbert Gleaves address has been updated, and Order #9 has been reissued via regular mail to him. (mg) |
| Filing 20 Mail Returned as Inmate "Refused" mail. #6 Order Referring Case to Magistrate Judge. Mail sent to Samuel Shaw (mg) |
| Filing 19 Mail Returned as Inmate "Refused" mail. #6 Order Referring Case to Magistrate Judge. Mail sent to Lawrence Young. (mg) |
| Filing 18 Mail Returned as Inmate "Refused" mail. #6 Order Referring Case to Magistrate Judge. Mail sent to David McDonald. (mg) |
| Filing 17 Mail Returned as Inmate "Refused" mail. #6 Order Referring Case to Magistrate Judge. Mail sent to Tazwone Mattress. (mg) |
| Filing 16 Mail Returned as Inmate "Refused" mail. #6 Order Referring Case to Magistrate Judge. Mail sent to Tyler RayBon-Tate. (mg) |
| Filing 15 Mail Returned as Inmate "Refused" mail. #6 Order Referring Case to Magistrate Judge. Mail sent to Gregory Griggs. (mg) |
| Filing 14 Mail Returned as Inmate "Refused" mail. #6 Order Referring Case to Magistrate Judge. Mail sent to Ezra Butler (mg) |
| Filing 13 Letter from Elbert Gleaves stating that he is not a part of this action. (Note: Mr. Gleaves was terminated from this action on 6/18/2019. Copy of Order #9 has been mailed to Gleaves.) (mg) Modified text on 6/26/2019 (mg). |
| Filing 12 Mail Returned as "Inmate Refused - State he did not file anything and to Return to Sender." #6 Order Referring Case to Magistrate Judge. Mail sent to Brandon Johnson. (mg) |
| Filing 11 Letter from Stavon Riley stating that he is not a part of this action. (Note: Mr. Riley was terminated from this action on 6/18/2019. Copy of docket sheet and Order #9 has been mailed to him.) (mg) Modified on 6/25/2019 (mg). |
| Filing 10 Unsigned Letter from Jurico Readus requesting copy of Complaint. Note: Readus was dismissed from this action on 6/18/2019. Copy of docket sheet mailed to Readus on this date. (mg) |
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Filing 9
ORDER Regarding Application of the Three-Strikes Provision of the Prison Litigation Reform Act to Terminated Co-Plaintiffs. The Court has determined that all of the plaintiffs in these cases except Corey Bennett were included in the action by Bennett without their knowledge or consent. Accordingly, all of the named plaintiffs except Bennett have been terminated as parties. This termination DOES NOT count as a "strike" against any plaintiff removed from the action for purposes of the "three-strikes" provision of the Prison Litigation Reform Act. Signed by Magistrate Judge Alistair Newbern on 6/18/19. (xc:Pro se parties by regular mail.) (gb)
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Filing 8
ORDER: Corey Bennett is therefore BARRED from filing any civil case in this Court including any person other than himself as a plaintiff. The Clerk of Court is DIRECTED to terminate all individuals other than Corey Bennett as plaintiffs in Bennett's pending cases. The Clerk of Court is also DIRECTED not to record any individual as a plaintiff in any case Bennett may file in the future other than Bennett himself. Signed by Magistrate Judge Alistair Newbern on 6/18/19. (xc:Pro se parties by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (gb)
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| Filing 7 Letter from Mario Bowles re: asking for confirmation of the identity of this case. (dt) |
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Alistair Newbern. Signed by District Judge Aleta A. Trauger on 6/17/19. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 5 Letter from Corey Bennett requesting copy of docket sheet. (Note: A copy of the docket sheet mailed to Bennett.) (mg) |
| Filing 4 Letter from Demario Driver requesting that he be removed from this action. (mg) |
| Filing 3 Mail Returned as "Return to Sender." Mail sent to Martiness Henderson (Returned: Copy of Docket Sheet along with a service packet.) (mg) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (as) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (as) |
| Filing 1 COMPLAINT against Tony Parker, Donna Turner, filed by Kentavis Jones, Devan Denton, Ezra Shelton, Jerome Holt, Melvin King, Isaiah Walker, Dalvin Smith, Tony Dixon, Cordarius Reid, Samuel Shaw, Jerry Earl, Jarvis Hoover, Jerron Braden, Lawrence Young, Christopher Bassett, Franklin Wood, Devonta Cunningham, Quinzell Grasty, Gerraldo White, Kedrick Carwell, Elbert Gleaves, Lavonta Simmons, Darrian White, Daramis Sharkey, Damarkus Lowe, Ron Williamson, Brandon Johnson, Tony Britton, Martez Matthews, Stavon Riley, Anthony Woods, Brandon Vance, Mario Reed, Johnny Wade, Teddie Fason, Mario Patterson, Jurico Readus, Tyler RayBon-Tate, Merrico Jackson, Dondre Johnson, Audarius Watts, Tramond Lenor, Deangelo Montez Moody, Jamon Robinson, Terry Fisher, James Fields, Lorenzo McKinney, Antonio Toomes, Daquawn Simmons, Corey Bennett, Michael Holmes, Ezra Butler, Keanu Ross, Gregory Griggs, Tazwone Mattress, Keeuntaye Jackson, Deandrey Peterson, Markelle Settles, L. Kerley, Devontavious Bryant, Zebulon Byrd, Stemons Graves, Deangelo Taylor, Tedarrius Myles, Mario Bowles, Jameson Wright, Antonio Dodson, Stephen Lester, Davarius Smith, Devonte Grimes, Pshawn Oliver, Jerome Sanders, Javonta Perkins, Demario Driver, Walter Patrick, Donald Peoples, Andrew Jones, Martiness Henderson, David McDonald, Evan Kenyon Knox. (Attachment: #1 Cover Letter)(as) |
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