McClendon v. Dickson County Sheriff's Office
Plaintiff: Austin Tyler James McClendon
Defendant: Dickson County Sheriff's Office and Dickson County
Case Number: 3:2023cv01157
Filed: November 1, 2023
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Waverly D Crenshaw
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 26, 2023 Filing 10 Letter from Austin McClendon regarding new Defendant. (af)
December 12, 2023 Opinion or Order Filing 9 ORDER: Because McClendon demonstrates that he does not have sufficient funds to pay the full filing fee in advance, the application (Doc. No. #5 ) is GRANTED and a $350 filing fee is ASSESSED. The warden of the facility in which McClendon is currently housed, as custodian of his trust account, is DIRECTED to submit to the Clerk of Court, as an initial payment. Because the DCSO is not a suable entity under 1983, it is DISMISSED as a Defendant. Accordingly, the Court will allow McClendon an opportunity to submit an Amended Complaint within 30 DAYS of the date this Order is entered on the docket. Any Amended Complaint must name a new Defendant (county or otherwise) and include factual allegations sufficient to demonstrate a plausible right to relief on McClendon's claim concerning the right of access to the courts. Failure to respond or request an extension by the deadline will result in dismissal. Fed. R. Civ. P. 41(b). IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/12/2023. (xc:Pro se party by regular mail. Copy of order sent to the Warden of the facility. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
December 7, 2023 Filing 8 Prisoner Trust Fund Account Statement by Austin Tyler James McClendon. (af)
December 4, 2023 Opinion or Order Filing 7 ORDER: McClendon is GRANTED an extension of time. McClendon SHALL submit a certified trust account statement within 30 DAYS of the date this Order is entered on the docket. Staff of the DCJ shall cooperate with McClendon's efforts to file a properly completed in forma pauperis application, including by providing the inmate a certified trust account statement when requested and without the need for a Court Order. The Clerk shall serve a copy of this Order on the Sheriff for Dickson County, Tennessee. IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 12/4/2023. (xc:Pro se party by regular mail. Copy of order sent to Sheriff of Dickson County ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) Modified on 12/4/2023 (af).
December 1, 2023 Filing 6 SUPPLEMENT filed by Austin Tyler James McClendon re #1 Complaint. (af)
December 1, 2023 Filing 5 APPLICATION for Leave to Proceed In Forma Pauperis by Austin Tyler James McClendon. (af)
November 8, 2023 Opinion or Order Filing 4 ORDER: To proceed with this lawsuit, McClendon MUST, within 30 DAYS of the date this Order is entered on the docket, either pay the $402 filing fee in full or submit an in forma pauperis application. The Clerk of Court SHALL mail McClendon a blank in forma pauperis application (AO 240). IT IS SO ORDERED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/8/2023. (xc:Pro se party by regular mail along with a blank IFP application (AO 240). ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
November 1, 2023 Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ad)
November 1, 2023 Filing 2 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ad)
November 1, 2023 Filing 1 COMPLAINT against Dickson County Sheriff's Office, filed by Austin Tyler James McClendon.(ad)
November 1, 2023 Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (ad)

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Plaintiff: Austin Tyler James McClendon
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Defendant: Dickson County Sheriff's Office
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Defendant: Dickson County
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