Gregory v. Morton et al
| Daniel Gregory |
| Joshua Morton and Dorothy Robertson |
| 1:2019cv01107 |
| May 30, 2019 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| James D Todd |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 ANSWER to #1 Complaint by Joshua Morton, Dorothy Robertson.(Tilly, Nathan) |
Filing 24
PRO SE PRISONER TRACK SCHEDULING ORDER. Signed by Judge James D. Todd on 5/31/19. (mbm)
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| Filing 23 Case transferred in from District of Tennessee Middle; Case Number 3:18-cv-00684. Original file certified copy of transfer order and docket sheet received. (Additional attachment(s) added on 5/30/2019: #2 judge's card) (mbm). (Additional attachment(s) added on 5/30/2019: #3 magistrate judicial card) (jae). |
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Filing 22
ORDER: The Report and Recommendation (Doc. No. #21 ) is APPROVED AND ADOPTED. Defendant's motion to dismiss or, in the alternative, transfer (Doc. No. #12 ) is GRANTED IN PART. The Clerk shall transfer this action to the Western District of Tennessee, Eastern Division, and close the file. Signed by Chief Judge Waverly D. Crenshaw, Jr on 5/30/19. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 5/30/2019.]
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| Filing 21 REPORT AND RECOMMENDATION: Magistrate Judge Newbern RECOMMENDS that the defendants' motion to dismiss or transfer (Doc. No. #12 ) be GRANTED and that this action be TRANSFERRED to the Western District of Tennessee under 28 U.S.C. 1406(a). Signed by Magistrate Judge Alistair Newbern on 5/8/19. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 5/30/2019.] |
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Filing 20
ORDER: The motion to ascertain status #19 is GRANTED. Defendants filed a motion to dismiss or transfer venue on November 20, 2018 (Doc. No. #12 ). Pursuant to the Court's order, Gregory responded in opposition on January 24, 2019 (Doc. No. #17 ). The motion remains pending and will be decided at the Court's earliest opportunity. Signed by Magistrate Judge Alistair Newbern on 4/8/19. (xc: Pro se party by regular mail.) (dt) [Transferred from Tennessee Middle on 5/30/2019.]
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| Filing 19 MOTION to Ascertain Status of Case by Daniel Gregory. (dt) [Transferred from Tennessee Middle on 5/30/2019.] |
| Filing 18 NOTICE of Change of Address by Daniel Gregory. (Address updated.) (dt) [Transferred from Tennessee Middle on 5/30/2019.] |
| Filing 17 RESPONSE in Opposition to #12 MOTION to Dismiss or in the Alternative Motion to Transfer filed by Daniel Gregory. (dt) [Transferred from Tennessee Middle on 5/30/2019.] |
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Filing 16
ORDER: Motion to Ascertain Status #15 is Granted. Gregory is ORDERED to respond to Defendants' motion requesting dismissal or transfer (Doc. No. #12 ) by no later than February 6, 2019. The Clerk's Office is DIRECTED to send Gregory a copy of the docket in this case. Gregory is warned that failure to respond may result in a recommendation that Defendants' motion (Doc. No. #12 ) be granted as unopposed and that this case be dismissed or transferred. Signed by Magistrate Judge Alistair Newbern on 1/16/19. (xc: Pro se party w/ docket sheet by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 5/30/2019.]
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| Filing 15 Letter from Daniel Gregory. (Docket Sheet sent to Daniel Gregory by regular mail.) (dt) Modified on 1/16/2019 (dt). [Transferred from Tennessee Middle on 5/30/2019.] |
| Filing 14 SUMMONS returned executed as to Dorothy Robertson served on 11/1/2018. (dt) [Transferred from Tennessee Middle on 5/30/2019.] |
| Filing 13 SUMMONS returned executed as to Joshua Morton served on 11/1/2018. (dt) [Transferred from Tennessee Middle on 5/30/2019.] |
| Filing 12 MOTION to Dismiss or in the Alternative Motion to Transfer by Joshua Morton, Dorothy Robertson. (Pentecost, James) [Transferred from Tennessee Middle on 5/30/2019.] |
| TN State Bar status verified as active for James I. Pentecost and Nathan D. Tilly. (dt) [Transferred from Tennessee Middle on 5/30/2019.] |
| Filing 11 NOTICE of Appearance by Nathan D. Tilly on behalf of Joshua Morton, Dorothy Robertson (Tilly, Nathan) [Transferred from Tennessee Middle on 5/30/2019.] |
| Filing 10 NOTICE of Appearance by James I. Pentecost on behalf of Joshua Morton, Dorothy Robertson (Pentecost, James) [Transferred from Tennessee Middle on 5/30/2019.] |
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Filing 9
ORDER: Gregory's motion to ascertain status #8 is GRANTED. Summonses have been issued for Defendants Joshua Morton and Dorothy Robertson and have been given to the U.S. Marshal for service. Service has not yet been reported to the Court. Gregory's motion to appoint counsel is DENIED WITHOUT PREJUDICE to refiling. Signed by Magistrate Judge Alistair Newbern on 11/9/18. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 11/14/2018 (dt). [Transferred from Tennessee Middle on 5/30/2019.]
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| Filing 8 MOTION to Ascertain Status of Case and to Appoint Counsel by Daniel Gregory. (xc: Docket sheet sent to Daniel Gregory by regular mail.)(dt) [Transferred from Tennessee Middle on 5/30/2019.] |
| Filing 7 Summons issued as to Joshua Morton and Dorothy Robertson, forwarded to USM for service. (dt) Modified on 11/9/2018 (dt). [Transferred from Tennessee Middle on 5/30/2019.] |
| Service packets received from Daniel Gregory in Clerk's office. (dt) [Transferred from Tennessee Middle on 5/30/2019.] |
| Filing 6 NOTICE of Violation of Prisoner Civil Rights filed by Daniel Gregory. (dt) [Transferred from Tennessee Middle on 5/30/2019.] |
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Filing 5
ORDER: The application (Doc. No. #2 ) is hereby GRANTED. Daniel Gregory is hereby assessed the full $350 filing fee. For the reasons explained more fully in the Memorandum Opinion entered contemporaneously herewith, finds that the complaint states colorable failure to protect claims pursuant to 1983 against Joshua Morton and Dorothy Robertson in their individual capacities. Likewise, the complaint states a colorable equal protection claim against Joshua Morton in his individual capacity. These claims shall proceed for further development. However, the remaining claims fail to state claims upon which relief can be granted, and these claims are DISMISSED. The Clerk is instructed to send Plaintiff a service packet (a blank summons and USM 285 form) for the remaining Defendants. Plaintiff will complete the service packets and return them to the Clerk's Office within twenty-one (21) days of the date of receipt of this Order. Upon return of the service packets, PROCESS SHALL ISSUE to these Defendants. This action is REFERRED to the Magistrate Judge to enter a scheduling order for the management of the case. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/13/18. (xc:Pro se party by regular mail w/ 2 service packets. MCCC by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 5/30/2019.]
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| Filing 4 MEMORANDUM OPINION. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/13/18. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 5/30/2019.] |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (afs) [Transferred from Tennessee Middle on 5/30/2019.] |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (afs) [Transferred from Tennessee Middle on 5/30/2019.] |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Daniel Gregory. (afs) [Transferred from Tennessee Middle on 5/30/2019.] |
| Filing 1 COMPLAINT against Joshua Morton, Dorothy Robertson, filed by Daniel Gregory. (afs) [Transferred from Tennessee Middle on 5/30/2019.] |
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