Silva v. Swift et al
| Daniel James Silva |
| Harding Trust Group, Jay Schaudies, Austin Swift, Tennessee Metro Police Department, Robert Hinkle, Scott Kingsley Swift, Joseph Matthew Alwyn and Diane Turner |
| 3:2020cv00810 |
| September 17, 2020 |
| US District Court for the Middle District of Tennessee |
| Eli J Richardson |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 21, 2020. A more recent docket listing may be available from PACER.
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Filing 14
ORDER: Plaintiff Daniel James Silva, a North Carolina resident, has filed a pro se Complaint against Defendants Scott Kingsley Swift, Austin Swift, Joseph Matthew Alwyn, Jay Schaudies, Judge Diane Turner, Judge Robert Hinkle, Harding Trust Group, and Tennessee Metro Police Department. (Doc. No. #1 .) The Court issued a series of Orders that eventually culminated in Plaintiff paying the full $400.00 civil filing fee (Doc. No. 12 ) and filing a 70-page Second Amended Complaint ("Complaint"). (Doc. No. #10 .) Plaintiff has included in two recent filings certain disturbing statements concerning Ms. Swift, who is not a party to this litigation. Lines 9-19 of page 55 of the Complaint (Docket No. #10 ) and the entirety of Plaintiff's Notice (Doc. No. 12 ) are STRICKEN as scandalous under Rule 12(f). Due to this ongoing pattern of behavior and the nature of Plaintiff's comments in the instant case, the Clerk of Court SHALL forward of copy of this Order, and full copies of Docket Numbers #10 and 12 as they existed prior to this Order, to the United States Attorney for the Middle District of Tennessee. The U.S. Attorney's Office SHALL ensure that all appropriate parties are notified of the disposition of this case. The Complaint is DISMISSED for lack of subject-matter jurisdiction. Signed by District Judge Eli J. Richardson on 10/21/2020. (xc:Pro se party by regular mail, DE's 10 & 12 to USAO. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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| Filing 13 RECEIPT #34675060319 in the amount of $400.00 posted by Daniel James Silva re #1 Complaint. (kc) |
| Filing 12 ***STRICKEN PER DE 14*** NOTICE that $400 has been submitted by Daniel James Silva. (vh) Modified on 10/21/2020 (vh). |
| Filing 11 AFFIDAVIT re #10 Verified Amended Complaint by Daniel James Silva. (vh) |
| Filing 10 VERIFIED 2ND AMENDED CIVIL RIGHTS COMPLAINT against Joseph Matthew Alwyn, Harding Trust Group, Robert Hinkle, Jay Schaudies, Austin Swift, Scott Kingsley Swift, Tennessee Metro Police Department, and Diane Turner, filed by Daniel James Silva.(vh) (Main Document 10 replaced on 10/22/2020 per DE 14) (vh). Modified on 10/22/2020 (vh). |
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Filing 9
ORDER: Plaintiff submitted an additional document labeled "Affidavit in support to proceed in forma pauperis." (Doc. No. #7 .) This additional submission does nothing to remedy Plaintiff's incomplete application. The Affidavit provides none of the information required by the form application. Instead, it contains an irrelevant list of legal precedents. (Id. at 1-3.) Plaintiff's Affidavit thus provides no basis to alter the Court's October 5, 2020 Order. Accordingly, the requirements and deadlines in that Order remain in full effect. The Court notes that Plaintiff has again threatened the Court. (Doc. No. #7 at 1-2). The Plaintiff is hereby BARRED from filing any documents containing additional threats to the Court, and, going forward, the Court will direct the Clerk to strike any such documents filed by Plaintiff. Signed by District Judge Eli J. Richardson on 10/6/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 8
ORDER: Plaintiff's "Motion to Proceed In Forma Pauperis" (Doc. No. #5 ) is DENIED. For this action to proceed on the merits, Plaintiff MUST pay the full $400.00 civil filing fee to the Clerk of Court within 30 DAYS of the date this Order is entered on the docket. Should Plaintiff pay the full civil filing fee, he MUST file a Second Amended Complaint within 30 DAYS of the date this Order is entered on the docket. The Second Amended Complaint should contain only a "short and plain" statement of his claims for relief. Signed by District Judge Eli J. Richardson on 10/5/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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| Filing 7 AFFIDAVIT by Daniel James Silva. (vh) |
| Filing 6 AMENDED COMPLAINT against Joseph Matthew Alwyn, Harding Trust Group, Robert Hinkle, Jay Schaudies, Austin Swift, Scott Kingsley Swift, Tennessee Metro Police Department, and Diane Turner, filed by Daniel James Silva.(vh) |
| Filing 5 MOTION to Proceed In Forma Pauperis by Daniel James Silva. (Attachment: #1 Affidavit)(vh) |
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Filing 4
ORDER: Plaintiff Daniel James Silva, a non-prisoner North Carolina resident, filed a pro se Complaint against Scott Kingsley Swift, Austin Swift, Joseph Matthew Alwyn, Jay Schaudies, Judge Diane Turner, Judge Robert Hinkle, Harding Trust Group, and Tennessee Metro Police Department. (Doc. No. #1 .) However, he neither paid the civil filing fee nor submitted an application to proceed as a pauper. To proceed in this action, Plaintiff MUST submit either (1) the full $400.00 civil filing fee to the Clerk of Court; or (2) an application to proceed as a pauper. The Clerk SHALL mail Plaintiff a blank Application to Proceed in District Court Without Prepaying Costs or Fees. Plaintiff MUST file an Amended Complaint that contains a "short and plain statement of the claim" showing that he is entitled to relief on any legally sustainable grounds. Plaintiff's submissions in response to this Order must be received by the Court within 30 DAYS of the date of entry of this Order. Signed by District Judge Eli J. Richardson on 9/24/2020. (xc:Pro se party by regular mail w/blank IFP long form. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (kc) |
| Filing 2 MOTION for service by USM by Daniel James Silva. (Attachments: #1 Attachment Summons)(kc) |
| Filing 1 COMPLAINT against Joseph Matthew Alwyn, Harding Trust Group, Judge Robert Hinkle, Jay Schaudies, Austin Swift, Scott Kingsley Swift, Tennessee Metro Police Department, and Judge Diane Turner, filed by Daniel James Silva. (kc) (Additional attachment(s) added on 9/22/2020: #1 Attachment Complaint and Exhibits) (kc). Modified on 9/22/2020 (kc). |
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