Perkins v. Hininger et al
| Milton Keith Perkins |
| Damon Hininger, Dr. f/n/u Hancock, John Doe, M.D., Ollie Herron, Corizan, LLC, CoreCivic, Commissioner of the Tennessee Department of Correction, Magistrate Judge Jeffery S. Frensley, Centurion of Tennessee, LLC and US Magistrate Judge Jeffery S. Frensley |
| 1:2023cv01178 |
| August 24, 2023 |
| US District Court for the Western District of Tennessee |
| Samuel H Mays |
| Tu M Pham |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on August 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 95 Case transferred in from District of Tennessee Middle; Case Number 3:21-cv-00901. Original file certified copy of transfer order and docket sheet received. |
Filing 94
ORDER DISMISSING CASE: The Joint Motion to Transfer Venue #93 is GRANTED. It is hereby ORDERED that the Clerk shall transfer this case to the United States District Court for the Western District of Tennessee, Eastern Division. Signed by District Judge Aleta A. Trauger on 8/24/2023. (kc) [Transferred from Tennessee Middle on 8/24/2023.]
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| Pursuant to Administrative Order 2019-01 case reassigned to Judge Samuel H. Mays, Jr and Chief Magistrate Judge Tu M. Pham. (gkp) |
| Filing 93 Joint MOTION to Change Venue and Memorandum in Support by CoreCivic, Ollie Herron. (Tilly, Nathan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 92 NOTICE of Initial Case Management Conference is set for 11/13/2023 at 03:00 PM in Chambers - Suite 6325 before District Judge Aleta A. Trauger. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
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Filing 91
ORDER: The pending Motions to Dismiss filed by defendants Lisa Helton as Interim Commissioner of the Tennessee Department of Correction and Centurion of Tennessee, LLC #53 , #70 and the Partial Motion to Dismiss filed by defendants CoreCivic, Inc. and Ollie Herron #51 are GRANTED. Signed by District Judge Aleta A. Trauger on 7/20/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 8/24/2023.]
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| Filing 90 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 7/20/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 89 RESPONSE in Opposition re #53 MOTION to Dismiss Second Amended Complaint filed by Milton Keith Perkins. (Attachments: #1 Exhibit Relevant TDOC Policies)(Brown, Jacob) [Transferred from Tennessee Middle on 8/24/2023.] |
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Filing 88
ORDER: It is hereby ORDERED that appointed counsel shall respond to the three pending Motions to Dismiss (Doc. Nos. 51, 53, 70) by July 17, 2023. Signed by District Judge Aleta A. Trauger on 6/26/2023. (ds) [Transferred from Tennessee Middle on 8/24/2023.]
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Filing 87
MEMORANDUM AND ORDER OF THE COURT: The plaintiff's motion #63 is hereby DENIED. Signed by District Judge Aleta A. Trauger on 6/22/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 8/24/2023.]
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Filing 86
ORDER: Pursuant to Local Rule 83.01(h), Defendant Frank Strada respectfully moves #85 the Court to permit the undersigned attorney, Demetrius Daniels-Hill, Assistant Attorney General, to appear as counsel of record for him in this matter in place of Andrew M. Mize. Mr. Mize is departing employment with the Office of the Attorney General. Defendant respectfully requests that all future filings, correspondence, and other matters of record be served upon Mr. Daniels-Hill. Signed by District Judge Aleta A. Trauger on 3/27/2023. (kc) Modified on 4/3/2023 (kc). [Transferred from Tennessee Middle on 8/24/2023.]
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| Filing 85 MOTION to Substitute Attorney by Commissioner of the Tennessee Department of Correction. (Daniels-Hill, Demetrius) [Transferred from Tennessee Middle on 8/24/2023.] |
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Filing 84
ORDER: Former defendant Tehum Care Services, Inc. d/b/a Corizon Health, Inc. has filed a Suggestion of Bankruptcy and Notice of Automatic Stay #83 . This defendant was terminated from this case by the filing of the Second Amended Complaint on November 8, 2022 #50 . This defendant is no longer a party to this case. Therefore, its filing of bankruptcy has no bearing on the case and the automatic stay does not apply to this case. Signed by District Judge Aleta A. Trauger on 2/21/2023. (kc) [Transferred from Tennessee Middle on 8/24/2023.]
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| Filing 83 SUGGESTION OF BANKRUPTCY Upon the Record by Corizan, LLC. (Floyd, John) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 82 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Centurion of Tennessee LLC. (Collver, Meagan) [Transferred from Tennessee Middle on 8/24/2023.] |
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Filing 81
ORDER granting #73 Motion for Extension of Time to File Response re #63 Motion to File Supplemental Pleading. Signed by District Judge Aleta A. Trauger on 2/10/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 8/24/2023.]
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Filing 80
ORDER granting #60 Motion for Extension of Time to File Response re #51 Partial MOTION to Dismiss for Failure to State a Claim. Signed by District Judge Aleta A. Trauger on 2/10/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 8/24/2023.]
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Filing 79
ORDER: Counsel has now entered an appearance of record on behalf of this plaintiff. It is therefore ORDERED that the reference of this case to the Magistrate Judge is hereby WITHDRAWN. The plaintiff's Motion for Leave to File Reply in Support of Motion to Supplement Amended Complaint #77 is GRANTED. The reply shall be filed by February 21, 2023 and shall not exceed ten (10) pages in length. If the Motion to Supplement is granted, the three pending Motions to Dismiss (Doc. Nos. #51 , #53 , #70 ) will be termed as moot. If the motion is denied, the court will proceed to decide the three pending Motions to Dismiss. Signed by District Judge Aleta A. Trauger on 2/10/2023. (kc) [Transferred from Tennessee Middle on 8/24/2023.]
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| Filing 78 CERTIFICATE of Service for Docket Entries 76 & 77 filed by Milton Keith Perkins re #77 MOTION for Leave to to File Reply filed by Milton Keith Perkins, #76 Notice of Appearance filed by Milton Keith Perkins. (Brown, Jacob) [Transferred from Tennessee Middle on 8/24/2023.] |
| NOTICE TO FILER re DE#76 and #77 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 77 MOTION for Leave to to File Reply by Milton Keith Perkins. (Brown, Jacob) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 76 NOTICE of Appearance by Jacob Webster Brown on behalf of Milton Keith Perkins (Brown, Jacob) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 75 RESPONSE in Opposition re #63 MOTION to Supplement #50 Amended Complaint filed by Commissioner of the Tennessee Department of Correction. (Mize, Andrew) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 74 RESPONSE in Opposition re #63 MOTION to Supplement #50 Amended Complaint filed by CoreCivic, Ollie Herron. (Tilly, Nathan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 73 MOTION for Extension of Time to File Response/Reply by Commissioner of the Tennessee Department of Correction. (Mize, Andrew) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 72 RESPONSE in Opposition re #63 MOTION to Supplement #50 Amended Complaint filed by Centurion of Tennessee LLC. (Collver, Meagan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 71 MEMORANDUM in Support of #70 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Centurion of Tennessee LLC . (Collver, Meagan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 70 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Centurion of Tennessee LLC. (Collver, Meagan) [Transferred from Tennessee Middle on 8/24/2023.] |
| TN State Bar status verified as active for Meagan Collver admitted to this court. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
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Filing 69
ORDER granting #68 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Jacob Webster Brown to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 01/24/2023. (lh) [Transferred from Tennessee Middle on 8/24/2023.]
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| Filing 68 MOTION for attorney Jacob Webster Brown to Appear Pro Hac Vice on behalf of Milton Keith Perkins. (Fee waived) (Attachments: #1 Attachment Certificate of Good Standing)(lh) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 67 NOTICE of Appearance by Meagan Collver on behalf of Centurion of Tennessee LLC (Collver, Meagan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 66 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Centurion of Tennessee LLC. (Collver, Meagan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 65 ANSWER to #50 Amended Complaint by Centurion of Tennessee LLC.(Collver, Meagan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Tennessee Bar status verified as active for Jacob Webster Brown not admitted to this Court - counsel required to apply for admission to the bar of this Court within 21 days. (lh) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 64 NOTICE of Filing by Corizan, LLC (Attachments: #1 Exhibit Stipulation of Dismissal)(Floyd, John) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 63 MOTION to Supplement #50 Amended Complaint by Milton Keith Perkins. (Attachments: #1 Attachment - Cover Letter, #2 Attachment Attorney General Letter, #3 Exhibit Supplemental Pleading, #4 Exhibit to Supplemental Pleading)(kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 62 SUMMONS returned executed Centurion of Tennessee LLC served on 1/3/2022. (xc:Pro se party by regular mail. ) (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 61 Letter from Milton Keith Perkins. (Docket Sheet mailed to Plaintiff.) (ln) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 60 MOTION for Extension of Time to File Response as to #51 Partial MOTION to Dismiss for Failure to State a Claim by Milton Keith Perkins. (Attachments: #1 Attachment - Affidavit of Bobby Nash)(kc) [Transferred from Tennessee Middle on 8/24/2023.] |
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Filing 59
ORDER granting #58 Motion for Extension of Time to File Response as to #51 Partial MOTION to Dismiss for Failure to State a Claim , #53 MOTION to Dismiss Second Amended Complaint Signed by Magistrate Judge Jeffery S. Frensley on 12/12/2022. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 8/24/2023.]
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| Filing 58 MOTION for Extension of Time to File Response as to #51 Partial MOTION to Dismiss for Failure to State a Claim , #53 MOTION to Dismiss Second Amended Complaint by Milton Keith Perkins. (Attachments: #1 Attachment Affidavit of Bobby Nash)(kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 57 Summons issued as to Centurion of Tennessee LLC. (Service copies put in USM box at intake.) (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 56 NOTICE of Filing by Commissioner of the Tennessee Department of Correction re #54 Memorandum in Support (Attachments: #1 Attachment A, #2 Attachment B)(Mize, Andrew) [Transferred from Tennessee Middle on 8/24/2023.] |
| NOTICE TO FILER re DE#54 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| TN State Bar status verified as active for Allyson Clair Agee Jodway admitted to this court. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 55 NOTICE of Appearance by Allyson Clair Agee Jodway on behalf of Commissioner of the Tennessee Department of Correction (Jodway, Allyson) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 54 MEMORANDUM in Support of #53 MOTION to Dismiss Second Amended Complaint filed by Commissioner of the Tennessee Department of Correction . (Attachments: #1 Attachment A)(Mize, Andrew) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 53 MOTION to Dismiss Second Amended Complaint by Commissioner of the Tennessee Department of Correction. (Mize, Andrew) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 52 ANSWER to #50 Amended Complaint by CoreCivic, Ollie Herron.(Tilly, Nathan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 51 Partial MOTION to Dismiss for Failure to State a Claim by CoreCivic, Ollie Herron. (Attachments: #1 Attachment Memorandum in Support)(Tilly, Nathan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 50 SECOND AMENDED COMPLAINT against Centurion of Tennessee LLC, Commissioner of the Tennessee Department of Correction, CoreCivic, Ollie Herron filed by Milton Keith Perkins. (Attachments: #1 Exhibits 1 - 8 to Second Amended Complaint)(ln) [Transferred from Tennessee Middle on 8/24/2023.] |
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Filing 49
ORDER: The Motion Requesting Permission to Amend First Amended Complaint with Memorandum of Law in Support (Docket No. #45 ) is GRANTED. In light of the Amended Complaint, the Motions to Dismiss (Docket Nos. #34 , #38 , #42 ) and Motion for Extension of Time to Respond to the Motions to Dismiss (Docket No. #40 ) are DENIED without prejudice as moot. Signed by Magistrate Judge Jeffery S. Frensley on 11/8/2022. (xc:Pro se party by regular mail.) (ln) [Transferred from Tennessee Middle on 8/24/2023.]
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| Filing 48 RESPONSE to Motion re #45 MOTION to Amend/Correct filed by Commissioner of the Tennessee Department of Correction. (Mize, Andrew) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 47 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Corizan, LLC. (Attachments: #1 Attachment Business Entity)(Floyd, John) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 46 MEMORANDUM in Support of #45 MOTION to Amend First Amended Complaint filed by Milton Keith Perkins. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 45 MOTION to Amend First Amended Complaint by Milton Keith Perkins. (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibits 1-8 to Second Amended Complaint, #3 Attachment - Mailing Receipt)(kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 44 NOTICE by CoreCivic, Ollie Herron re #40 MOTION for Extension of Time to File Response/Reply as to #34 Partial MOTION to Dismiss for Failure to State a Claim , #38 MOTION to Dismiss of No Opposition to Plaintiff's Motion for Extension (Sutherland, Dylan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 43 MEMORANDUM in Support of #42 Partial MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint filed by Corizan, LLC . (Floyd, John) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 42 Partial MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint by Corizan, LLC. (Floyd, John) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 41 NOTICE by Commissioner of the Tennessee Department of Correction of No Opposition to Plantiff's Motion (Mize, Andrew) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 40 MOTION for Extension of Time to File Response as to #34 Partial MOTION to Dismiss for Failure to State a Claim , #38 MOTION to Dismiss by Milton Keith Perkins. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 39 MEMORANDUM in Support of #38 MOTION to Dismiss filed by Commissioner of the Tennessee Department of Correction . (Attachments: #1 Attachment Declaration of Priscilla Wainwright)(Mize, Andrew) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 38 MOTION to Dismiss by Commissioner of the Tennessee Department of Correction. (Mize, Andrew) [Transferred from Tennessee Middle on 8/24/2023.] |
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Filing 37
***WITHDRAWN PER ORDER #79 *** ORDER REFERRING CASE: The motion #32 is GRANTED. Defendant Helton's deadline is extended through August 30, 2022, or one week after the date of entry of this order. 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 pre-trial, non-dispositive motions, to issue a Report and Recommendation on all dispositive motions, and to conduct further proceedings, if necessary, under Rule 72(b), Fed. R. Civ. P., and the Local Rules of Court. Signed by District Judge Aleta A. Trauger on 8/23/2022. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 2/10/2023 (kc). [Transferred from Tennessee Middle on 8/24/2023.]
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| Filing 36 ANSWER to #12 Amended Complaint, by CoreCivic, Ollie Herron.(Tilly, Nathan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 35 MEMORANDUM in Support of #34 Partial MOTION to Dismiss for Failure to State a Claim filed by CoreCivic, Ollie Herron . (Tilly, Nathan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 34 Partial MOTION to Dismiss for Failure to State a Claim by CoreCivic, Ollie Herron. (Tilly, Nathan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 33 SUMMONS returned executed. Ollie Herron served on 8/2/2022. (xc: Pro se party by regular mail.) (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| TN State Bar status verified as active for Andrew M. Mize admitted to this court. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 32 MOTION for Extension of Time to File Answer re #12 Amended Complaint, by Commissioner of the Tennessee Department of Correction. (Mize, Andrew) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 31 NOTICE of Appearance by Andrew M. Mize on behalf of Commissioner of the Tennessee Department of Correction (Mize, Andrew) [Transferred from Tennessee Middle on 8/24/2023.] |
| TN State Bar status verified as active for John Franklin Floyd, Jr admitted to this court. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| NOTICE TO FILER re DE# 29 : Discovery is not filed pursuant to Fed.R.Civ.P. 5(d)(1). This document is deleted from the docket. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 30 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Corizan, LLC. (Floyd, John) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 29 SUBPOENA issued to Joyce Carmichael, TDOC Records Management by Corizan, LLC (Floyd, John) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 28 NOTICE of Appearance by John Franklin Floyd, Jr on behalf of Corizan, LLC (Floyd, John) [Transferred from Tennessee Middle on 8/24/2023.] |
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Filing 27
ORDER: Plaintiff Milton Perkins has filed a motion to ascertain the status of appointment of counsel. #19 . The motion is GRANTED. The court finds that the respondent's motion for extension of time to file answer was filed in good faith and no prejudice will occur to the plaintiff by granting the respondent's motion. Accordingly, the motion #22 is GRANTED. The respondent's deadline is extended through August 29, 2022. Signed by District Judge Aleta A. Trauger on 8/3/2022. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 8/24/2023.]
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| Filing 26 ANSWER to #12 Amended Complaint, by Corizan, LLC.(Floyd, John) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 25 NOTICE of Appearance by Dylan E. Sutherland on behalf of Ollie Herron (Sutherland, Dylan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 24 NOTICE of Appearance by Nathan D. Tilly on behalf of Ollie Herron (Tilly, Nathan) [Transferred from Tennessee Middle on 8/24/2023.] |
| State Bar status verified as active for Nathan D. Tilly (TN) and Dylan E. Sutherland (TX) admitted to this court. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 23 AFFIDAVIT re #22 MOTION for Extension of Time to File Answer re #12 Amended Complaint, by CoreCivic. (Tilly, Nathan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 22 MOTION for Extension of Time to File Answer re #12 Amended Complaint, by CoreCivic. (Tilly, Nathan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 21 NOTICE of Appearance by Dylan E. Sutherland on behalf of CoreCivic (Sutherland, Dylan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 20 NOTICE of Appearance by Nathan D. Tilly on behalf of CoreCivic (Tilly, Nathan) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 19 MOTION to Ascertain Status of appointment of counsel re #14 by Milton Keith Perkins. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 18 SUMMONS returned executed by USM. Commissioner of the Tennessee Department of Correction served on 7/19/2022. (xc: Pro se party by regular mail.) (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 17 SUMMONS returned executed CoreCivic served on 7/15/2022. (xc: Pro se party by regular mail.) (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 16 SUMMONS returned executed Corizan, LLC served on 7/15/2022. (xc: Pro se party by regular mail.) (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 15 Summons issued as to Commissioner of the Tennessee Department of Correction, CoreCivic, Corizan, LLC, and Ollie Herron. (Service package put in USM's box at intake.) (Attachments: #1 Attachment - Cover Letter)(kc) [Transferred from Tennessee Middle on 8/24/2023.] |
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Filing 14
ORDER: The court found that the plaintiff's claims against Hininger, Hancock, and Doe in their individual capacities fail to state claims upon which relief can be granted under Section 1983. (Id. at 13). For the reasons explained therein, those claims and defendants are DISMISSED. Pursuant to Federal Rule of Civil Procedure 54 and as discussed more fully in the accompanying memorandum opinion, the court hereby REVISES its non-final order and memorandum opinion of March 28, 2022 to permit an Eighth Amendment claim under Section 1983 to proceed against CoreCivic. The Clerk is instructed to send the plaintiff a service packet (a blank summons and USM 285 form) for all remaining defendants: CoreCivic, Ollie Herron, Corizon LLC, and the TDOC Commissioner. The plaintiff MUST complete the service packets and return them to the Clerk's Office within 30 days of the date of receipt of this order. Upon return of the service packets, PROCESS SHALL ISSUE to these defendants. The court DIRECTS the Clerk of Court to appoint counsel for the plaintiff from the civil appointment panel. The court finds that the interests of justice necessitate such appointment. Signed by District Judge Aleta A. Trauger on 6/21/2022. (xc: Pro se party by regular mail w/ 4 service packets. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) [Transferred from Tennessee Middle on 8/24/2023.]
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| Filing 13 MEMORANDUM OPINION Signed by District Judge Aleta A. Trauger on 6/21/2022. (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 8/24/2023.] |
| Filing 12 AMENDED COMPLAINT against Commissioner of the Tennessee Department of Correction, CoreCivic, Corizan, LLC, and Ollie Herron, filed by Milton Keith Perkins. (Attachments: #1 Exhibit 1-4, #2 Exhibit 5-6, #3 Exhibit 7-8, #4 Exhibit 9)(kc) (Additional attachment(s) added on 5/3/2022: #5 Attachment - Cover Letter, #6 Attachment - Mailing Receipt) (kc). [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 11 NOTICE of Change of Address by Milton Keith Perkins. Current address added to docket sheet this date. (DEs #9 and #10 resent to pro se party at new address.) (kc) Modified on 4/7/2022 (kc). [Transferred from Tennessee Middle on 8/24/2023.] |
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Filing 10
ORDER Assessing Filing Fee: From a review of the plaintiffs application to proceed in forma pauperis, it appears that he lacks sufficient financial resources from which to pay the full filing fee in advance. Therefore, his application to proceed in forma pauperis #2 is GRANTED. the plaintiff Milton Keith Perkins nonetheless remains responsible for paying the full filing fee. The Clerk of Court is DIRECTED send a copy of this order to the administrator of inmate trust fund accounts at the Hardeman County Correctional Facility. To be considered by the court, the plaintiff's amended complaint MUST be filed on or before April 28, 2022. The plaintiff's request for the appointment of counsel #2 is DENIED without prejudice. Likewise, the plaintiff's motion for a TRO and preliminary injunction #7 is DENIED without prejudice. Signed by District Judge Aleta A. Trauger on 3/28/2022. (xc: Warden and Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 3/28/2022 (kc). [Transferred from Tennessee Middle on 8/24/2023.]
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| Filing 9 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 3/28/2022. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 8 MEMORANDUM in Support of #7 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Milton Keith Perkins. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 7 PROPOSED ORDER/MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction with Declaration of Milton Perkins included by Milton Keith Perkins. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Attachment - Cover Letter)(kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 6 ***DISREGARD DUE TO CLERICAL ERROR*** MOTION for Temporary Restraining Order and Preliminary Injunction by Milton Keith Perkins. (Attachments: #1 Exhibit Exhibits, #2 Attachment - Cover Letter)(kc) Modified text on 3/25/2022 (hb). [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 5 NOTICE of Consent of the Parties to proceed before the Magistrate Judge. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 3 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 2 AFFIDAVIT IN SUPPORT OF MOTION FOR APPOINTMENT OF ATTORNEY AND AUTHORIZATION TO COMMENCE SUIT WITHOUT PREPAYMENT OF FILING FEE, by Milton Keith Perkins. (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
| Filing 1 COMPLAINT against John Doe, MD, f/n/u Hancock, and Damon Hininger, filed by Milton Keith Perkins. (Attachments: #1 Attachment - Cover Letter, #2 Attachment - Witness Addresses)(kc) (Additional attachment(s) added on 12/6/2021: #3 Exhibit Exhibits 1-13, #4 Exhibit Exhibit 14) (kc). [Transferred from Tennessee Middle on 8/24/2023.] |
| Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form included). (kc) [Transferred from Tennessee Middle on 8/24/2023.] |
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