Gillotte v. Campbell
| James Gillotte |
| Dr. Oliver Campbell |
| 3:2020cv00873 |
| October 8, 2020 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Alistair Newbern |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on December 1, 2020. A more recent docket listing may be available from PACER.
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Filing 9
ORDER: The Plaintiff has filed a letter to the Court that the court interprets as a Notice of Voluntary Dismissal. (Doc. No. 8) Accordingly, this action is DISMISSED WITHOUT PREJUDICE, and the Clerk is directed to close the file. Plaintiff remains responsible for the payment of the full civil filing fee as assessed by the Court in its Order entered on October 22, 2020. (Doc. No. 6). Plaintiff indicates that he intends to seek proper counsel at the time of release from the Tennessee Department of Corrections custody. (Doc. No. 8 at 1). Plaintiff is advised that the voluntary dismissal of this action does not toll any applicable statute of limitations periods for his claims. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/1/2020. (xc:Pro se party by regular mail. ) (am)
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| Filing 8 MOTION to Drop Lawsuit without Prejudice by James Gillotte. (am) |
| Filing 7 Prisoner Civil Rights by James Gillotte. (am) |
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Filing 6
ORDER Assessing Filing Fee $350 for James Gillotte. ORDER REFERRING CASE to Magistrate Judge Alistair Newbern. Plaintiff's motion for the appointment of counsel (Doc. No. 3) is DENIED without prejudice to renew if appropriate circumstances warrant. The Court has reviewed the complaint pursuant to the Prison Litigation Reform Act (PLRA) and, for the reasons explained more fully in the Memorandum Opinion entered contemporaneously herewith, finds that the complaint states an Eighth Amendment claim of deliberate indifference to Plaintiff's serious medical needs under Section 1983 against Dr. Campbell in his individual capacity. Consequently, the Clerk is instructed to send Plaintiff a service packet (a blank summons and USM 285 form) for Defendant. Plaintiff will complete the service packet and return it to the Clerk's Office within twenty-one (21) days of the date of receipt of this Order. Upon return of the service packet, PROCESS SHALL ISSUE to Defendant. Plaintiff is forewarned that the failure to return the completed service packet within the required time could jeopardize his prosecution of this action. Pursuant to 28 U.S.C. 636(b)(1) (A) and (B), 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 pre-trial, non-dispositive motions, to issue a Report and Recommendation on all dispositive motions, and to conduct further proceedings, if necessary, under Rule 72(b), Fed. R. Civ. P., and the Local Rules of Court. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/22/2020. (xc:Pro se party by regular mail. ) (Pro se party sent (1) service packet by regular mail.) (Warden of Lois M. Deberry by regular mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 5 MEMORANDUM OPINION. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/22/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) |
| NOTICE mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (am) |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am) |
| Filing 3 MOTION to Appoint Counsel by James Gillotte. (am) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by James Gillotte. (am) |
| Filing 1 COMPLAINT against James Gillotte, filed by James Gillotte.(am) |
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| Defendant: Dr. Oliver Campbell | |
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| Plaintiff: James Gillotte | |
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