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15-399 - Frady v. Collins et al (ASH)


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15-399 - Frady v. Collins et al (ASH)
September 17, 2015
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MEMORANDUM AND ORDER; Plaintiff has not paid the $350.00 filing fee nor has he submitted the proper documents to proceed in forma pauperis. Specifically, Plaintiff has not submitted a certified copy of his inmate trust account for the previous six-month period. Plaintiff shall have thirty days from the date of this Order to pay the full filing fee or to submit the necessary documents. As to Plaintiff's motion to appoint counsel, the appointment of counsel in a civil proceeding is not a constitutional right, but rather a privilege justified only in exceptional circumstances. Accordingly, Plaintiff's motion to appoint counsel 2 is DENIED. Signed by Chief District Judge Thomas A Varlan on 9/17/15. (c/m with ifp forms)(ADA)
February 24, 2016
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MEMORANDUM AND ORDER; Plaintiff's second motion for leave to proceed in forma pauperis 5, which contains the documents required by 28 U.S.C. § 1915(a)(2), is therefore GRANTED, and Plaintiff's first application for leave to proceed in forma pauperis 1, which is not supported by the required documents, is DENIED. Because Plaintiff is an inmate in the Morgan County Correctional Complex, he is herewith ASSESSED the civil filing fee of $350.00. Pursuant to 28 U.S.C. § 1915(b)(1)(A) and (B), the custodian of Plaintiff's inmate trust account at MCCX is directed to submit payments to the Clerk as set forth. Defendants Ridenour, Peddicord, Ruby, Margie, and Qwen are DISMISSED for failure to state a claim upon which relief may be granted under §1983, any claims set forth in the job descriptions in the complaint are DISMISSED for failure to state a claim upon which relief may be granted under § 1983. The only remaining Defendants are Collins, Lane, Doe, Hensley, Jackson, and Donivan. The Clerk is hereby DIRECTED to send Plaintiff service packets (a blank summons and USM 285 form) for Defendants Collins, Lane, Doe, Hensley, Jackson, and Donivan. Plaintiff is ORDERED to complete the service packets and return them to the Clerk's Office within 20 days of receipt of this Memorandum and Order. At that time, the summonses will be signed and sealed by the Clerk and forwarded to the U.S. Marshal for service. Plaintiff is ORDERED to immediately inform the Court and Defendants or their counsel of record of any address changes in writing. Signed by Chief District Judge Thomas A Varlan on 2/24/16. (c/m, cc Wardenof the MCCX, the Commissioner of the Tennessee Department of Correction, the AttorneyGeneral for the State of Tennessee and theCourt's financial deputy.)(ADA, )
March 22, 2016
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MEMORANDUM in support of the following Order dismissing case.Signed by Chief District Judge Thomas A Varlan on 3/22/16. (c/m)(ADA)