Owens et al v. Hill et al
| Roderick M Owens and Dwayne Jordan |
| Ricky Hill, FNU Watkins, f/n/u Gross, Unknown Member, Tennessee Department of Corrections /CoreCivic Commissioner, David Sextor, Chance Leeds, P. Watkins, T. Gross, C. Neal, T. Towles, K. Bonner, L. Jackson, Tasma Robertson and Justin Grant |
| 1:2024cv01096 |
| April 30, 2024 |
| US District Court for the Western District of Tennessee |
| Jackson Office |
| J Daniel Breen |
| Tu M Pham |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.
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| Filing 19 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Pro Se Prisoner track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (gkp) |
| Filing 18 Judge J. Daniel Breen and Chief Magistrate Judge Tu M. Pham added. (gkp) |
| Filing 17 Case transferred in from District of Tennessee Middle; Case Number 3:23-cv-01093. Original file certified copy of transfer order and docket sheet received. |
Filing 16
MEMORANDUM AND ORDER: Proceeding pro se, state inmate Roderick Owens filed a "Writ of Mandamus" under 28 U.S.C. 1651 (Doc. No. #1 ) and an application for leave to proceed in forma pauperis (IFP). Because it appears from the plaintiff's IFP application that he lacks the funds to pay the entire filing fee in advance, that application (Doc. No. #6 ) is GRANTED and a $350 filing fee is ASSESSED. The warden of the facility in which the plaintiff is currently housed, as custodian of his trust account, is DIRECTED to submit to the Clerk of Court, as an initial payment. Plaintiff's Moton for Leave to File Amended Complaint (Doc. No. #12 ) is GRANTED. The Clerk SHALL file Doc. No. #12 -1 as the Amended Complaint in this matter. For the foregoing reasons, the Clerk is DIRECTED to TRANSFER this action to the United States District Court for the Western District of Tennessee, Eastern Division. In light of the transfer, the plaintiff's motions to appoint counsel (Doc. Nos. #7 and #11 ) are DENIED without prejudice. His motion to ascertain status (Doc. No. #14 ) is GRANTED. The Clerk of Court MUST send a copy of this order to the warden of the facility in which the plaintiff is currently housed. Signed by District Judge Aleta A. Trauger on 04/30/24. (xc:Pro se party by regular mail. A copy of this Order mailed to the warden.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad) [Transferred from Tennessee Middle on 4/30/2024.]
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| Filing 15 AMENDED COMPLAINT against K. Bonner, Justin Grant, T. Gross, Ricky Hill, L. Jackson, Chance Leeds, C. Neal, Tasma Robertson, David Sextor, Tennessee Department of Corrections /CoreCivic Commissioner, T. Towles, P. Watkins, filed by Roderick M. Owens. (Attachments: #1 Exhibit C-1 and O (various documents))(ad) [Transferred from Tennessee Middle on 4/30/2024.] |
| Filing 14 MOTION to Ascertain Status of Writ of Mandaums re #11 , #12 by Roderick M. Owens. (unsigned) (Copy of docket sheet mailed to Plaintiff.) (ad) Modified on 4/2/2024 (ad). [Transferred from Tennessee Middle on 4/30/2024.] |
| Filing 13 Letter requesting notification of filings from Roderick Owens. (docket sheet mailed to Plaintiff.) (ad) [Transferred from Tennessee Middle on 4/30/2024.] |
| Filing 12 MOTION for Leave to File Amended Complaint by Roderick M. Owens. (Attachments: #1 Attachment -Proposed Amended Complaint, #2 Exhibit C-I and O various documents)(ad) [Transferred from Tennessee Middle on 4/30/2024.] |
| Filing 11 MOTION to Appoint Counsel by Roderick M. Owens. (ad) [Transferred from Tennessee Middle on 4/30/2024.] |
| Filing 10 NOTICE re Summons by Roderick M. Owens (ad) [Transferred from Tennessee Middle on 4/30/2024.] |
| Filing 9 NOTICE "New Petition Filings Within the Court Jurisdiction Writ of Mandamus all Writs Act of Law: Under 28 U.S.C 1651" by Roderick M. Owens (ad) [Transferred from Tennessee Middle on 4/30/2024.] |
| Filing 8 Letter from Roderick Owens. (ad) [Transferred from Tennessee Middle on 4/30/2024.] |
| Filing 7 MOTION to Appoint Counsel by Roderick M. Owens. (ad) [Transferred from Tennessee Middle on 4/30/2024.] |
| Filing 6 APPLICATION for Leave to Proceed In Forma Pauperis by Roderick M. Owens. (ad) [Transferred from Tennessee Middle on 4/30/2024.] |
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Filing 5
ORDER: The court recently received a petition for a writ of mandamus under 28 U.S.C. 1651 (Doc. No. #1 ) and an application to proceed as a pauper (Doc. No. #3 ) mailed from Whiteville Correctional Facility. As explained in the cover letter that accompanied these filings, both filings were prepared and signed by inmate Dewayne Jordan on behalf of inmate Roderick Owens. As Jordan himself recognizes, however, he is not a lawyer. (Id. at 1 (Jordan's cover letter referring to himself as "the non-lawyer attorney" for Owens).) And because Jordan is not a lawyer, he cannot represent other people in federal court. The Clerk is DIRECTED to remove Jordan as a party on the docket and TERMINATE the application to proceed as a pauper signed by Jordan. (Doc. No. #3 .) If Owens wants to pursue the petition for a writ of mandamus that was filed in his name, he must personally sign it. Accordingly, the Clerk is DIRECTED to send Owens a copy of the mandamus petition filed in his name (Doc. No. #1 ) and a blank application to proceed as a pauper for prisoners. Any application to proceed as a pauper must include a copy of Owens' inmate trust account statement covering the 6-month period before this case was filed, 28 U.S.C. 1915(a)(2), signed by an authorized prison official. Signed by District Judge Aleta A. Trauger on 11/08/23. (xc:Pro se party by regular mail along with a copy of the mandamus petition to Owens (Doc. No. #1 ) and a blank application to proceed as a pauper for prisoners.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad) [Transferred from Tennessee Middle on 4/30/2024.]
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| Filing 4 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) [Transferred from Tennessee Middle on 4/30/2024.] |
| Filing 3 APPLICATION for Leave to Proceed In Forma Pauperis by Dwayne Jordan. (mg) [Transferred from Tennessee Middle on 4/30/2024.] |
| Filing 2 ***DISREGARD***NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) Modified on 10/19/2023 (mg). [Transferred from Tennessee Middle on 4/30/2024.] |
| Notice mailed to pro se parties regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (mg) [Transferred from Tennessee Middle on 4/30/2024.] |
| Filing 1 WRIT OF MANDAUMS against f/n/u Gross, Ricky Hill, Unknown Member, (f/n/u) Watkins, filed by Roderick M. Owens, Dwayne Jordan. (Attachments: #1 Attachment - Cover Letter)(mg) [Transferred from Tennessee Middle on 4/30/2024.] |
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