Derrick et al v. District Attorney Office et al
| Steve Piphus, Deangelo Derrick, Jorge Perez, Leopold MPawinayo and Jason Odom |
| District Attorney Office, Criminal Court Clerk and City of Nashville |
| 3:2020cv00329 |
| April 16, 2020 |
| US District Court for the Middle District of Tennessee |
| Eli J Richardson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 8
ORDER denying #7 Motion to Appoint Counsel. The Court dismissed this case on May 28, 2020. (Doc. No. 6.) That Order crossed in the mail with Plaintiff's motion to appoint counsel, which he mailed on May 27 and the Court received on June 1. (Doc. No. 7.) Because this case is dismissed and closed, Plaintiff's motion to appoint counsel is DENIED as moot. Signed by District Judge Eli J. Richardson on 6/3/2020. (xc:Pro se party by regular mail. ) (am)
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| Filing 7 MOTION to Appoint Counsel by Deangelo Derrick. (am) |
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Filing 6
MEMORANDUM AND ORDER: DeAngelo Derrick assessed filing fee $350.This action is therefore DISMISSED without prejudice for failure to state a claim upon which relief can be granted. Any appeal from this Order to the United States Court of Appeals would not be in good faith as required by 28 U.S.C. 1915(a)(3). Plaintiff may, however, file with this Court a Rule 59 motion, a motion to amend the complaint, and a proposed amended complaint as discussed above. The Clerk of Court is DIRECTED to mail Plaintiff a blank Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241 (Form Number AO 242) for Plaintiff's use in seeking relief on his speedy trial claim if he chooses to do so. Plaintiff is reminded, however, that he must exhaust his available remedies in state court before he would be entitled to review in this Court; exhaustion of speedy trial claims is required before bringing a claim under 28 U.S.C. 2241 just as it is required before bringing a claim under Section 1983. The Court expresses no opinion about the merits of Plaintiff's speedy trial claim. Signed by District Judge Eli J. Richardson on 5/28/2020. (xc:Pro se party by regular mail. ) (Pro se party sent blank Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241). (D.C.S.O. sent a copy of the order by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) Modified Text on 5/28/2020 (am). Modified Text on 5/28/2020 (am).
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| Filing 5 APPLICATION for Leave to Proceed In Forma Pauperis by Deangelo Derrick. (am) |
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Filing 4
ORDER: Accordingly, the other listed plaintiffs are DISMISSED from this action without prejudice to their ability to pursue their own claims, either separately or by signing an amended complaint in this case. Second, the Court may not consider the merits of a civil complaint unless it is accompanied by the appropriate fee, 28 U.S.C. 1914(a), or by an IFP application sufficient to satisfy 28 U.S.C. 1915(a)(1). The latter, to be considered by the Court, 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. 28 U.S.C. 1915(a)(2). Because Plaintiff's IFP application (Doc. No. 2) is not supported with such a statement as required, it is DENIED without prejudice to Plaintiff's ability to file a second, properly supported application. The Clerk of Court is DIRECTED to mail Plaintiff a blank IFP application (short form) and a copy of Administrative Order 93. Signed by District Judge Eli J. Richardson on 4/22/2020. (xc:Pro se party by regular mail. ) (Pro se party sent blank IFP (short) form.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Deangelo Derrick. (am) |
| Filing 1 COMPLAINT against City of Nashville, Criminal Court Clerk, District Attorney Office, filed by Steve Piphus, Leopold MPawinayo, Deangelo Derrick, Jason Odom, Jorge Perez.(am) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (am) |
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