Radley v. Metro Police Department Nashville, TN et al
| Demonse Radley |
| Eric Thomas and Metro Police Department Nashville, TN |
| 3:2020cv00677 |
| August 5, 2020 |
| US District Court for the Middle District of Tennessee |
| Jeffery S Frensley |
| Eli J Richardson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 10 Summons along with 285 Form issued as to Eric Thomas. Service copy forwarded to U.S. Marshal to effect service. (mg) |
Filing 9
ORDER: Demonse Radley, a pre-trial detainee in the custody of DSCO-DDC 2nd in Nashville, Tennessee, filed a pro se complaint under 42 U.S.C. 1983 (Doc. No. #1 ) against "Metro Police Department Nashville, TN" and Officer Eric Thomas. Plaintiff also filed an application to proceed in forma pauperis (Doc. No. #2 ), and a motion to appoint counsel (Doc. No. #3 ). It appears that Plaintiff lacks sufficient financial resources from which to pay the full filing fee in advance. Therefore, his application (Doc. No. #2 ) is GRANTED. The Clerk of Court is DIRECTED send a copy of this Order to the administrator of inmate trust fund accounts at the DSCO-DDC 2nd in Nashville, Tennessee, to ensure that the custodian of Plaintiff's inmate trust account complies with that portion of 28 U.S.C. 1915 pertaining to the payment of the filing fee. For the reasons set forth in the Memorandum Opinion #8 entered contemporaneously with this Order, finds that the complaint states a Fourteenth Amendment excessive force claim and a Fourth Amendment false arrest claim under Section 1983 against Officer Thomas in his individual capacity. However, the complaint fails to state Section 1983 claims upon which relief can be granted against the Metropolitan Nashville Police Department. Therefore, those claims are DISMISSED. Consequently, the Clerk is instructed to send Plaintiff a service packet (a blank summons and USM 285 form) for the remaining Defendant. Upon return of the service packet, PROCESS SHALL ISSUE to Defendant Eric Thomas. Plaintiff's motion to appoint counsel (Doc. No. #3 ) is DENIED without prejudice to renew, if appropriate. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), this action is REFERRED to the Magistrate Judge. Signed by District Judge Eli J. Richardson on 9/4/2020. (xc:Pro se party by regular mail along with a service packet (blank summons and USM 285 form) and a mailed copy of this Order to the Administrator at the DSCO-DDC 2nd in Nashville, Tennessee.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 8 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Eli J. Richardson on 9/4/2020. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) (Main Document 8 replaced on 9/4/2020) (mg). |
| Filing 7 Prisoner Trust Fund Account Statement by Demonse Radley. (dt) |
| DOCKET ANNOTATION: Signed Complaint was received in Clerk's Office on 8/27/2020, See DE# [1-1]. (dt) |
| Filing 6 SUPPLEMENT filed by Demonse Radley re #1 Complaint. (mg) |
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Filing 5
ORDER: Demonse Radley, an inmate of DSCO-DDC 2nd in Nashville, Tennessee, has filed a pro se complaint under 42 U.S.C. 1983 (Doc. No. #1 ), an application for leave to proceed in forma pauperis (Doc. No. #2 ), and a motion to appoint counsel (Doc. No. #3 ). However, this case cannot proceed without further action by Plaintiff. First, Plaintiff has not signed the complaint. (Doc. No. #1 at 11). Therefore, the Clerk is DIRECTED to return the original complaint to Plaintiff so that he can comply with Rule 11(a). Plaintiff, in turn, is DIRECTED to return the signed complaint within 30 days of the date this Order is entered. Second, if seeking pauper status, a plaintiff must provide a certified copy of his inmate trust fund account statement for the 6-month period immediately preceding the filing of his complaint as required by 28 U.S.C. 1915(a)(2). Accordingly, Plaintiff is DIRECTED to submit the missing item within 30 days of the date this Order is entered if he wishes to proceed as a pauper. Alternatively, Plaintiff may submit the full civil filing fee of $400. Signed by District Judge Eli J. Richardson on 8/11/2020. (xc:Pro se party by regular mail along with the returning of the original Complaint for signature.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (mg) |
| Filing 3 MOTION to Appoint Counsel by Demonse Radley. (mg) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Demonse Radley. (mg) |
| Filing 1 COMPLAINT against Metro Police Department Nashville, TN, Eric Thomas, filed by Demonse Radley.(mg) |
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