Baker v. Sumner County et al
| Kevin Baker |
| Sumner County, Gary #455 and Bouchard #534 |
| 3:2024cv00376 |
| April 3, 2024 |
| U.S. District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Barbara D Holmes |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 14
ORDER REFERRING CASE: Plaintiff has submitted an Application for Leave for Proceed In Forma Pauperis ("IFP Application"). (Doc. No. #13 ). Plaintiff's IFP Application reflects that he is unable to bear the costs of paying the filing fee in this case. Therefore, Plaintiff's IFP Application (Doc. No. #13 ) is GRANTED. Plaintiff's Section 1983 excessive force claim against C/O Bouchard in his individual capacity fails to state a claim upon which relief can be granted and is therefore DISMISSED. Plaintiff's Section 1983 official capacity claims against C/Os Gary and Bouchard, which are claims against Sumner County, are superfluous and therefore DISMISSED. Plaintiff's Motion to Ascertain Status (Doc. No. #11 ) is GRANTED. This action is REFERRED to the Magistrate Judge to oversee service of process, 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. Plaintiff is advised that process cannot be served upon any Defendant until the full name of the individual involved in the alleged incident has been determined. Signed by District Judge Waverly D. Crenshaw, Jr on 5/22/2024. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
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| Filing 13 APPLICATION for Leave to Proceed In Forma Pauperis by Kevin Baker. (am) |
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Filing 12
ORDER: Since Plaintiff is no longer a prisoner, he does not need the statement. He must complete a pauper application for non-prisoners if he wishes to proceed without prepaying fees or costs. Therefore, the Clerk is DIRECTED to mail Plaintiff AO Form 239, Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) for Plaintiff's convenience. If Plaintiff wishes to pursue this action, he must return the completed application to the Court within 30 days of entry of this Order or submit the full civil filing fee. If Plaintiff no longer wishes to pursue this action, he is not required to file anything else. The Court will dismiss this action after 30 days if Plaintiff has taken no further action by then. Plaintiff may request an extension of time to comply with this Order so long as the request is made in writing within 30 days of entry of this Order. Floyd v. United States Postal Service, 105 F.3d 274, 279 (6th Cir. 1997), superseded on other grounds by Rule 24, Fed. R. App. P. Plaintiff's IFP Application for prisoners (Doc. No. #2 ) is DENIED AS MOOT. IT IS SO ORDERED. Signed by District Judge Waverly D. Crenshaw, Jr on 5/6/2024. (xc:Pro se party by regular mail along with AO Form 239. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
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| Filing 11 MOTION to Ascertain Status by Kevin Baker. (am) |
| Filing 10 NOTICE of Change of Address by Kevin Baker. (am) |
| Filing 9 Letter re Trust Fund Account Statement from Kevin Baker. (am) |
| Filing 8 SUPPLEMENT filed by Kevin Baker re #1 Complaint. (kc) |
| Filing 7 NOTICE of Change of Address by Kevin Baker. Address updated this date. (kc) |
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Filing 6
ORDER: To proceed as a pauper, Plaintiff MUST submit the required certified statement within 30 days of entry of this Order. The required certified statement need not be notarized. The jail custodian of Plaintiff's inmate account should simply sign and date the inmate trust fund statement (which makes the statement "certified"). Plaintiff cannot certify his own statement. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/10/2024. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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| Filing 5 SUPPLEMENT filed by Kevin Baker re #1 Complaint. (af) |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ad) |
| Filing 3 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (ad) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Kevin Baker. (ad) |
| Filing 1 COMPLAINT against Bouchard #534, Gary #455, Sumner County, filed by Kevin Baker.(ad) |
| 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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