Silva v. Swift et al
| Daniel James Silva |
| Andrea Finlay Swift, Judge Dianne Turner, Judge William L. Campbell, Jr., Judge Joe Binkley, Judge Eli J. Richardson, Andrew Mullen, Taylor Alison Swift, Scott Swift, Neal and Harwell, 13 Management and Jay Schaudies |
| 3:2021cv00505 |
| July 1, 2021 |
| US District Court for the Middle District of Tennessee |
| Marvin E Aspen |
| Eli J Richardson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 26, 2021. A more recent docket listing may be available from PACER.
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Filing 17
ENTRY OF JUDGMENT re: #16 Order Dismissing Case. (xc:Pro se party by regular mail. ) (vh)
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Filing 16
MEMORANDUM OPINION AND ORDER: Plaintiff Daniel James Silva, a pro se North Carolina resident, has filed an Amended Complaint under the Racketeer Influenced and Corrupt Organizations ("RICO") Act. We find that Plaintiff cannot pay the full civil filing fee in advance without undue hardship. The application (Dkt. No. #12 ) is, therefore, GRANTED. Plaintiff's prior application (Dkt. No. #10 ) is DENIED AS MOOT. we conclude that Plaintiff has not stated a colorable claim against Defendants under the RICO Act. In the absence of any other plausible right to relief, the Amended Complaint is DISMISSED. This is the final Order denying all relief in this case. The Clerk SHALL enter judgment. Fed. R. Civ. P. 58(b). Because an appeal would not be taken in good faith, Plaintiff is not certified to appeal the judgment in forma pauperis. 28 U.S.C. 1915(a)(3). Signed by Judge Marvin E. Aspen on 8/26/2021. (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 15
NOTICE to Court by Daniel James Silva. (vh)
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Filing 14
MOTION to Strike #9 Amended Complaint by Daniel James Silva. (vh)
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Filing 13
ORDER: This case is TRANSFERRED to the Honorable Marvin E. Aspen, Senior Judge of the United States District Court for the Northern District of Illinois, for all purposes, including trial. The trial will be held in this district. Case reassigned to Judge Marvin E. Aspen for all further proceedings. Chief Judge Waverly D. Crenshaw, Jr no longer assigned to case. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/9/2021. (xc:Pro se party by regular mail. ) (vh)
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Filing 12
APPLICATION for Leave to Proceed In Forma Pauperis by Daniel James Silva. (vh)
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Filing 11
RICO COMPLAINT against Joe Binkley, William L. Campbell, Jr, Eli J. Richardson, Andrea Finlay Swift, Taylor Alison Swift, Scott Swift, Jay Schaudies, Neal and Harwell, and 13 Management, filed by Daniel James Silva.(vh) Modified on 8/2/2021 (vh).
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Filing 10
APPLICATION for Leave to Proceed In Forma Pauperis by Daniel James Silva. (vh)
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Filing 9
AMENDED COMPLAINT against Joe Binkley, Dianne Turner, Andrew Mullen, and Taylor Alison Swift, filed by Daniel James Silva.(vh)
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Filing 8
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Daniel James Silva. (vh)
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Filing 7
NOTICE by Daniel James Silva of Mailing of Business Entity Disclosure. (vh)
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Filing 6
ORDER: Silva has not provided sufficient information for the Court to make an accurate undue hardship determination. Silva's applications to proceed as a pauper (Case No. 3:21-480 #2 ; Case No. 3:21-505 #2 ) are therefore DENIED WITHOUT PREJUDICE to the filing of an amended application. In each case Silva MUST submit either (1) an amended application to proceed as a pauper, or (2 ) the full $402.00 civil filing fee to the Clerk of Court. In each case Silva MUST submit an Amended Complaint. The Clerk SHALL mail Silva two blank long-form in forma pauperis applications for non-prisoners and two blank form complaints for a civil case (Pro Se 1). Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/13/2021. (xc: Order, 2 IFP long forms and 2 non prisoner Complaint forms forwarded to Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 5
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (vh)
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Filing 4
NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (vh)
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Filing 3
ORDER OF RECUSAL: I hereby recuse myself in this matter. District Judge Eli J. Richardson recused. (Case randomly reassigned to Chief Judge Waverly D. Crenshaw, Jr by the Clerk's Office for all further proceedings). Signed by District Judge Eli J. Richardson on 7/6/2021. (xc:Pro se party by regular mail. ) (vh)
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Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (vh)
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Filing 2
APPLICATION for Leave to Proceed In Forma Pauperis by Daniel James Silva. (vh)
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Filing 1
COMPLAINT against Joe Binkley, William L. Campbell, Jr, Eli J. Richardson, Andrea Finlay Swift, and Dianne Turner, filed by Daniel James Silva.(vh)
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