Ellison v. Brooks et al, No. 3:2020cv00175 - Document 4 (E.D. Tenn. 2020)
Court Description: MEMORANDUM OPINION AND ORDER, the Clerk is DIRECTED to SEVER Plaintiff Terry Edward Ellison from 3:20-cv-129 and OPEN a new, individual civil action for Plaintiff Ellison using the complaint he filed on April 20, 2020. The Clerk is DIRECTED to transfer the docket entries numbered 4 and 10 in 3:20-cv-129 to Ellison's newly filed civil action. The Clerk is DIRECTED to file the instant Memorandum and Order in 3:20-cv-129, as well as in Ellison's newly opened civil action. Signed by District Judge Thomas A. Varlan on 4/24/20.(c/m Terry Edward Ellison 43740 SCOTT COUNTY JUSTICE CENTER 575 SCOTT HIGH DR HUNTSVILLE, TN 37756)(ADA)
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Ellison v. Brooks et al Doc. 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE MELVIN WALTERS, JR., and TERRY EDWARD ELLISON, Plaintiffs, v. BOBBY BROOKS, SGT. STACIE ENGLAND, TAMMY REAGAN, CLAIBORNE COUNTY SHERIFF’S OFFICE, CLAIBORNE COUNTY, SGT. JOSH SMITH, and ROBERT SEXTON, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No.: 3:20-CV-129-TAV-HBG MEMORANDUM OPINION AND ORDER On April 10, 2020, this Court entered an order denying Plaintiffs permission to proceed jointly in this action for violation of 42 U.S.C. § 1983 and requiring each Plaintiff to file a notice with the Court indicating whether he wished to proceed in an individual § 1983 action for which he would be assessed the entire $350.00 filing fee [See Doc. 12]. The Clerk was directed to send each Plaintiff a § 1983 form to complete and return if he wished to proceed in an individual suit [Id. at 3-4]. Each Plaintiff has now indicated a desire to proceed in individual § 1983 actions by filing separate complaints [See Docs. 13 and 14]. Therefore, it is ORDERED: 1. That the Clerk is DIRECTED to SEVER Plaintiff Terry Edward Ellison from this action and OPEN a new, individual civil action for Plaintiff Ellison using the complaint he filed on April 20, 2020 [Doc. 13]; Case 3:20-cv-00175-TAV-HBG Document 4 Filed 04/24/20 Page 1 of 2 PageID #: 14 Dockets.Justia.com 2. That the Clerk is DIRECTED to transfer the docket entries numbered 4 and 10 in the instant cause to Ellison’s newly filed civil action; 3. That Melvin Walters will proceed as the sole Plaintiff in the above-captioned 4. That the Clerk is DIRECTED to file the instant Memorandum and Order in this case; cause, as well as in Ellison’s newly opened civil action; and 5. That each Plaintiff is ORDERED to immediately inform the Court and Defendants or their counsel of record of any address changes in writing. Pursuant to Local Rule 83.13, it is the duty of a pro se party to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. E.D. Tenn. L.R. 83.13. Failure to comply with this order, or failure to provide a correct address to this Court within fourteen (14) days of any change in address may result in the dismissal of this action. ENTER: s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE 2 Case 3:20-cv-00175-TAV-HBG Document 4 Filed 04/24/20 Page 2 of 2 PageID #: 15
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