Howard v. Byrd et al
| William Howard |
| Warden Raymond Byrd, Vincent Vantell, Sgt. f/n/u Hawkins, Lt. f/n/u Lopez, Lt. f/n/u Porter, S.O.R.T. Officers, Lt. f/n/u Hill, Sgt. f/n/u Jent and Sgt. f/n/u Gentry |
| 3:2021cv00119 |
| February 12, 2021 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Jeffery S Frensley |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 Summons issued as to Raymond Byrd. Service copies sent to U.S. Marshals to effect service. (ln) |
Filing 6
MEMORANDUM AND ORDER: Because Plaintiff's IFP application substantially complies with the statutory requirements and demonstrates that he lacks the funds to pay the entire filing fee in advance, that application (Doc. No. #2 ) is GRANTED. Pursuant to 28 U.S.C. 1915(b) and 1914(a), Plaintiff is nonetheless assessed the $350 civil filing fee. As described above, the Court finds that the Complaint states a nonfrivolous excessive-force claim against the unnamed Defendant SORT Officers, of whom there are as many as seven. (See Doc. No. #1 at 5.) Accordingly, the Clerk is INSTRUCTED to send Plaintiff service packets (blank summonses and USM 285 forms) for each of these seven Defendants. The Clerk is further INSTRUCTED to prepare a summons and USM 285 form for Warden Raymond Byrd in his official capacity only, and to ensure that Warden Byrd is served with such process, and with copies of the Complaint and this Memorandum and Order, at the address provided in the Complaint. Upon return of the completed service packets, PROCESS SHALL ISSUE to the properly identified SORT Officer Defendants. The Complaint fails to state a claim against Defendants Vantell, Jent, Hill, Hawkins, Lopez, Porter, and Gentry. These Defendants are therefore DISMISSED from this action. Plaintiff's Motion for Prisoner Transfer (Doc. No. #4 ) is DENIED. 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 pretrial motions under 28 U.S.C. 636(b)(1)(A) and (B), and to conduct further proceedings, if necessary, under Rule 72(b) of the Federal Rules of Civil Procedure and the Local Rules of Court. Signed by District Judge William L. Campbell, Jr on 04/2/2021. (xc:Pro se party by regular mail along with seven service packets. Copy of Order mailed to the Warden, as custodian, of Trousdale Turner.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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| Filing 5 SUPPLEMENT filed by William Howard re #1 Complaint. (mg) |
| Filing 4 MOTION for Prisoner Transfer by William Howard. (mg) |
| Filing 3 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 2 APPLICATION for Leave to Proceed In Forma Pauperis by William Howard. (mg) |
| Filing 1 COMPLAINT against Raymond Byrd, Vincent Vantell, filed by William Howard.(mg) |
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