Preston v. Fulton County et al

Georgia Northern District Court
Judge:Eleanor L Ross
Referred: Justin S Anand
Case #: 1:20-cv-04386
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:Oct 26, 2020
Terminated:Jun 13, 2022

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Docket last updated: 04/25/2025 11:59 PM EDT
Friday, July 08, 2022
48 48 misc Mail Returned Mon 07/11 9:55 AM
Mail Returned as Undeliverable. Mail sent to Lorenzo R. Preston re41 Order for Service,40 R&R. (ane)
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Thursday, July 07, 2022
utility Clerks Certificate of Mailing Thu 07/07 8:56 AM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re44 Clerk's Judgment,43 Order. (ane)
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Tuesday, July 05, 2022
47 47 notice Notice of Change of Address Thu 07/07 8:54 AM
NOTICE of Change of Address by Lorenzo R. Preston (ane)
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46 46 misc Mail Returned Thu 07/07 8:51 AM
Mail Returned as Undeliverable. Mail sent to Lorenzo R. Preston re44 Clerk's Judgment,43 Order. (ane)
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Friday, June 17, 2022
45 45 misc Mail Returned Wed 06/22 3:43 PM
Mail Returned as Undeliverable. Mail sent to Lorenzo R. Preston re42 Order (ane)
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Tuesday, June 14, 2022
44 44 misc Judgment - Clerk Tue 06/14 9:28 AM
CLERK'S JUDGMENT dismissing action. (ane)
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utility Clerks Certificate of Mailing Tue 06/14 9:30 AM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re44 Clerk's Judgment,43 Order. (ane)
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Monday, June 13, 2022
43 43 2 pgs order Order on Motion for Summary Judgment Order on Final Report and Recommendation Tue 06/14 8:10 AM
ORDER adopting40 Final Report and Recommendation as the opinion of this Court. For the reasons stated in the R&R, the Court GRANTS Defendants'35 Motion for Summary Judgment and DISMISSES this action. The Court DIRECTS the Clerk to close this case. Signed by Judge Eleanor L. Ross on 6/13/2022. (ane)
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utility Terminate Civil Case Tue 06/14 9:25 AM
Civil Case Terminated. (ane)
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Monday, May 09, 2022
42 42 12 pgs order Order Mon 05/09 4:19 PM
NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb)
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utility Clerks Certificate of Mailing Mon 05/09 9:24 AM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re41 Order for Service of Report and Recommendation,40 FINAL REPORT AND RECOMMENDATION (ane)
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utility Clerks Certificate of Mailing Mon 05/09 4:21 PM
Clerk's Certificate of Mailing to Lorenzo R. Preston as to Lorenzo R. Preston regarding42 Order. (mlb)
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Friday, May 06, 2022
41 41 2 pgs order Order for Service of Report and Recommendation Mon 05/09 9:20 AM
ORDER for Service of40 Final Report and Recommendation by Magistrate Judge Justin S. Anand. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Justin S. Anand on 5/6/2022. (ane)
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40 40 motion Report and Recommendation - Final Mon 05/09 9:14 AM
FINAL REPORT AND RECOMMENDATION re1 Complaint, filed by Lorenzo R. Preston Signed by Magistrate Judge Justin S. Anand on 5/6/2022. (ane)
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motion Report and Recommendation - Final Mon 05/09 9:18 AM
FINAL REPORT AND RECOMMENDATION Recommending Defendants35 MOTION for Summary Judgment be GRANTED and that this action be DISMISSED. Ruled on by Magistrate Judge Justin S. Anand on 5/6/2022. Within40 R&R.(ane)
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Tuesday, March 08, 2022
notice Notice (Other) Tue 03/08 7:58 AM
REMARK re37 Notice of Filing. The Court is in receipt of the USB drive. (bse)
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Monday, March 07, 2022
39 39 respm Response to Statement of Material Facts Tue 03/08 1:26 PM
Response to Statement of Material Facts re35 MOTION for Summary Judgment filed by Lorenzo R. Preston. (ceo)
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Wednesday, February 23, 2022
38 38 misc Clerks Notice to Respond to Motion for Summary Judgment Wed 02/23 9:10 AM
Clerk's Notice to Parties to Respond to35 MOTION for Summary Judgment. (ceo)
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utility Clerks Certificate of Mailing Wed 02/23 9:12 AM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re38 Clerk's Notice to Respond to Motion for Summary Judgment. (ceo)
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Tuesday, February 22, 2022
37 37 notice Notice of Filing Tue 02/22 2:44 PM
NOTICE Of Filing by Chisolm, Fulton County Manual Filing of Video (Denmark, Emilie)
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36 36 notice Notice of Filing Tue 02/22 2:41 PM
NOTICE Of Filing by Chisolm, Fulton County(Denmark, Emilie)
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Att: 1 Deposition Transcript of Lorenzo R Preston
35 35 motion Summary Judgment Tue 02/22 2:38 PM
MOTION for Summary Judgment with Brief In Support by Chisolm, Fulton County.(Denmark, Emilie)
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Att: 1 Statement of Material Facts,
Att: 2 Exhibit Transcript of Lorenzo Preston Ex 1,
Att: 3 Exhibit Declaration of Samiyah Barnes Ex. 2,
Att: 4 Exhibit Affidavit of Deputy Chisolm Ex. 3,
Att: 5 Brief in Support of MSJ
Monday, February 14, 2022
34 34 1 pgs order Order on Motion for Extension of Time Mon 02/14 9:22 AM
ORDER granting33 Motion for Extension of Time to file Motion for Summary Judgment. The parties shall have until February 22, 2022, to file dispositive motions. Signed by Magistrate Judge Justin S. Anand on 2/14/22. (ceo)
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utility Clerks Certificate of Mailing Mon 02/14 9:24 AM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re34 Order on Motion for Extension of Time. (ceo)
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Thursday, February 10, 2022
utility Submission to Magistrate Judge Thu 02/10 12:20 PM
Submission of33 Second Emergency MOTION for Extension of Time to file Motion for Summary Judgment, to Magistrate Judge Justin S. Anand. (rlh)
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Wednesday, February 09, 2022
33 33 motion Extension of Time Wed 02/09 2:16 PM
Second MOTION for Extension of Time 02/22/2022 to file Motion for Summary Judgment by Chisolm, Fulton County.(Denmark, Emilie)
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Att: 1 Text of Proposed Order
Thursday, December 23, 2021
32 32 1 pgs order Order on Motion for Extension of Time Thu 12/23 1:12 PM
ORDER granting31 Motion for Extension of Time. The parties shall have until February 15,2022, to file dispositive motions. Signed by Magistrate Judge Justin S. Anand on 12/23/21. (ceo)
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31 31 motion Extension of Time Thu 12/23 9:24 AM
Emergency MOTION for Extension of Time 02/15/2022 by Chisolm, Fulton County.(Denmark, Emilie)
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Att: 1 Text of Proposed Order
utility Clerks Certificate of Mailing Thu 12/23 1:13 PM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re32 Order on Motion for Extension of Time. (ceo)
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Wednesday, December 08, 2021
30 30 notice Notice of Appearance Wed 12/08 3:26 PM
NOTICE of Appearance by Amelia Michele Joiner on behalf of Chisolm (Joiner, Amelia)
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29 29 notice Notice of Substitution of Counsel Wed 12/08 3:17 PM
Certification of Consent to Substitution of Counsel. Emilie Omer Denmark replacing attorney William K. Scott; Jonathan David Loegel and Ashley Jenell Moore Palmer. (Denmark, Emilie)
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Friday, September 10, 2021
28 28 notice Notice to Take Deposition Fri 09/10 11:30 AM
NOTICE to Take Deposition of Lorenzo R. Preston filed by Fulton County (Scott, William)
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Tuesday, September 07, 2021
27 27 notice Notice of Substitution of Counsel Tue 09/07 9:28 AM
Certification of Consent to Substitution of Counsel. William K. Scott replacing attorney Jonathan David Loegel. (Scott, William)
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Tuesday, August 10, 2021
26 26 1 pgs order Order on Motion for Discovery Tue 08/10 12:03 PM
ORDER granting25 Motion for Discovery. The parties shall have a four-month discovery period, through and including December 10, 2021. Dispositive motions shall be filed no later than January 10, 2022. Signed by Magistrate Judge Justin S. Anand on 8/10/2021. (jpk)
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utility Clerks Certificate of Mailing Tue 08/10 12:05 PM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re26 Order. (jpk)
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utility Set/Reset Scheduling Order Deadlines Tue 08/10 12:06 PM
Set Scheduling Order Deadlines: Discovery ends on 12/10/2021. Dispositive Motions due by 1/10/2022. (jpk)
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Tuesday, August 03, 2021
25 25 motion Discovery Tue 08/03 9:40 AM
MOTION for Discovery Period by Chisolm.(Loegel, Jonathan)
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Att: 1 Text of Proposed Order
24 24 answer Answer to Complaint Tue 08/03 9:36 AM
ANSWER to1 COMPLAINT by Chisolm.(Loegel, Jonathan)
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Thursday, July 15, 2021
23 23 service Return of Service Executed Fri 07/16 11:22 AM
Return of Service Executed by USM on 7/13/2021 as to Officer Chisolm. (jpk)
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Tuesday, June 29, 2021
22 22 service USM 285 Service Tue 06/29 11:20 AM
Package prepared (USM 285 form, Summons issued, and 1 copy of the Complaint) and forwarded to USM for personal service upon Officer Chisolm. (jpk)
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21 21 service Electronic Summons Issued Tue 06/29 11:09 AM
Electronic Summons Issued as to Officer Chisolm. (jpk)
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Monday, June 28, 2021
20 20 misc Mail Returned Tue 06/29 10:43 AM
Mail sent to Officer Chisolm re19 Request for Waiver of Service Returned as Undeliverable. Marked: Return to sender, no match found, not deliverable as addressed, unable to forward. (jpk)
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Monday, May 24, 2021
19 19 service Request for Waiver of Service Mon 05/24 10:23 AM
REQUEST FOR WAIVER of Service PACKAGE (2 Notices of Lawsuit/Request for Waiver/Waiver of Service Forms, 1 SASE, 1 copy of the Complaint, and 1 copy of the Service Order) mailed to Officer Chisolm on 5/24/2021. If waiver not returned by 6/28/2021, prepare personal service package. (jpk)
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utility Clerks Certificate of Mailing Mon 05/24 10:23 AM
Clerk's Certificate of Mailing as to Officer Chisolm re19 Request for Waiver of Service. (jpk)
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Friday, May 21, 2021
18 18 utility Remark Mon 05/24 9:51 AM
Forms received: (1) incomplete Summons and (5) USM 285 forms re17 Order (jpk)
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Monday, May 10, 2021
utility Submission to Magistrate Judge Mon 05/10 10:20 AM
Submission of17 Order to Magistrate Judge Justin S. Anand. (jpk)
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Wednesday, April 14, 2021
17 17 11 pgs order Order ~Util - Forms Sent ~Util - Set Submission Deadline ~Util - Terminate Submission for Frivolity Wed 04/14 10:12 AM
ORDER: Plaintiff's excessive force claim is ALLOWED TO PROCEED as any other civil action. If Plaintiff wishes to raise a medical deliberate indifference claim, he is ORDERED to amend the claim based on the instructions set forth herein within thirty (30) days of the date of this Order. The Clerk is DIRECTED to forward Plaintiff a civil rights form should Plaintiff decide he wants to raise a medical deliberate indifference claim. The Clerk is FURTHER DIRECTED to resubmit this action to the undersigned upon receipt of the amended complaint or at the expiration of the above-referenced time period. The Clerk of Court is FURTHER DIRECTED to send Plaintiff a USM 285 form and summons for Defendant Chisolm. Plaintiff is DIRECTED to complete a USM 285 form and summons for Defendant Chisolm as instructed herein and return them to the Clerk within twenty (20) days from the date this Order is entered. The Court warns Plaintiff that failure to comply in a timely manner could result in the dismissal of this action. The Clerk is DIRECTED to resubmit this action to the undersigned if Plaintiff fails to comply. Upon receipt of the forms, the Clerk is DIRECTED to prepare a service waiver package for Defendant Chisolm. In the event that Defendant Chisolm does not return an executed Waiver of Service form to the Clerk of Court within thirty-five (35) days following the date the service waiver package is mailed, the Clerk is DIRECTED to prepare and transmit to the U.S. Marshal's Service a service package for her. Signed by Magistrate Judge Justin S. Anand on 4/13/2021. (Forms sent to party: USM 285, Summons, and 42:1983 Forms) (jpk)
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utility Clerks Certificate of Mailing Wed 04/14 10:16 AM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re17 Order, USM 285, Summons, and 42:1983 Forms. (jpk)
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Tuesday, April 13, 2021
16 16 4 pgs order Order ruling on IFP ~Util - Directing Warden to Collect Monthly Payments from Inmate Tue 04/13 4:32 PM
ORDER GRANTING In Forma Pauperis: Plaintiff's15 motion to proceed in forma pauperis is GRANTED, and Plaintiff shall be allowed to proceed without paying an initial partial filing fee. Plaintiff shall be obligated to pay the full statutory filing fee of $350.00 as funds are deposited in his inmate account. IT IS FURTHER ORDERED that: 1. The Clerk of the Court transmit a copy of this Order to the warden of the institution where Plaintiff is incarcerated; and 2. The warden of the institution, or his designee, shall collect the aforesaid monthly payments from Plaintiff's inmate account and remit such payments to the Clerk of the United States District Court for the Northern District of Georgia until the $350.00 filing fee is paid in full. Service of process shall not issue at the present time pending further consideration of the complaint pursuant to 28 U.S.C. § 1915A. Signed by Magistrate Judge Justin S. Anand on 4/13/2021. (jpk)
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utility Submission to Magistrate Judge Tue 04/13 10:26 AM
Submission of13 Order to Show Cause,14 Response to Order to Show Cause, and15 Affidavit and Authorization for withdrawal from Inmate Account to Magistrate Judge Justin S. Anand. (jpk)
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utility Clerks Certificate of Mailing Tue 04/13 4:36 PM
Clerk's Certificate of Mailing as to Lorenzo R. Preston and Warden re16 Order. (jpk)
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Tuesday, April 06, 2021
14 14 respoth Response to Order to Show Cause Tue 04/06 4:16 PM
RESPONSE TO ORDER TO SHOW CAUSE re:13 Order to Show Cause filed by Lorenzo R. Preston.(cmd)
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Att: 1 Envelope
Monday, April 05, 2021
15 15 misc Affidavit and Authorization for withdrawal from Inmate Account Tue 04/06 4:17 PM
Affidavit and Authorization for withdrawal from Inmate Account by Lorenzo R. Preston. (cmd)
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Wednesday, March 24, 2021
13 13 2 pgs order Order to Show Cause Wed 03/24 2:00 PM
ORDER: Plaintiff is ORDERED to SHOW CAUSE within fourteen (14) days of the date of this Order why the Court should not dismiss this case for failure to obey a lawful order of the Court. Signed by Magistrate Judge Justin S. Anand on 3/24/2021. (jpk)
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utility Clerks Certificate of Mailing Wed 03/24 2:02 PM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re13 Order. (jpk)
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Thursday, March 11, 2021
utility Clerks Certificate of Mailing Thu 03/11 10:11 AM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re12 Notice (Other). (jpk)
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Wednesday, March 10, 2021
12 12 notice Notice (Other) Wed 03/10 10:48 AM
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (rvb) (ADI)
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Tuesday, March 02, 2021
utility Submission to Magistrate Judge Tue 03/02 10:56 AM
Submission of11 Order to Magistrate Judge Justin S. Anand. (jpk)
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Friday, February 05, 2021
11 11 2 pgs order Order ~Util - Set Submission Deadline ~Util - Forms Sent Fri 02/05 2:00 PM
ORDER: IT IS ORDERED that Plaintiff shall, within twenty (20) days of the date of this Order, properly complete and execute a financial affidavit seeking leave to proceed in forma pauperis that includes an authorization allowing his custodian to withdraw funds from his inmate account. The Clerk is DIRECTED to send Plaintiff the appropriate in forma pauperis forms so that he may submit the required authorization. Forms sent to party: Affidavit and Authorization. Signed by Magistrate Judge Justin S. Anand on 2/5/2021. (rjs)
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utility Clerks Certificate of Mailing Fri 02/05 2:02 PM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re11 Order and Forms sent to party: Affidavit and Authorization. (rjs)
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Friday, January 29, 2021
10 10 notice Notice of Appearance Fri 01/29 2:32 PM
NOTICE of Appearance by Ashley Jenell Moore Palmer on behalf of Fulton County (Palmer, Ashley)
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9 9 notice Notice of Appearance Fri 01/29 2:23 PM
NOTICE of Appearance by Jonathan David Loegel on behalf of Fulton County (Loegel, Jonathan)
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8 8 respoth Response to Order to Show Cause Fri 01/29 12:35 PM
RESPONSE TO ORDER TO SHOW CAUSE.(Loegel, Jonathan)
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Att: 1 Exhibit A
utility Clerks Certificate of Mailing Fri 01/29 10:41 AM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re7 Notice (Other). (jpk)
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Thursday, January 28, 2021
7 7 notice Notice (Other) Thu 01/28 10:39 AM
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (aaq) (ADI)
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Tuesday, January 19, 2021
6 6 misc Letter Thu 01/21 5:13 PM
Letter from Lorenzo Preston (adg)
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Friday, January 15, 2021
5 5 2 pgs order Order to Show Cause Fri 01/15 3:34 PM
ORDER: As of January 14, 2021, no one from the Fulton County Sheriff's Office has responded to the Court's Order. The Sheriff is now ORDERED to SHOW CAUSE within twenty (20) days of the date of this Order why he should not be held in contempt of this Court for failing to respond to this Court's previous Order. Signed by Magistrate Judge Justin S. Anand on 1/15/2021. (jpk)
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utility Clerks Certificate of Mailing Fri 01/15 3:42 PM
Clerk's Certificate of Mailing as to Lorenzo R. Preston and Sheriff of Fulton County re5 Order. (jpk)
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Monday, December 28, 2020
utility Submission to Magistrate Judge Mon 12/28 9:13 AM
Submission of3 Order to Magistrate Judge Justin S. Anand. (jpk)
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Wednesday, December 09, 2020
4 4 notice Notice (Other) Wed 12/09 9:47 AM
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (adg) (ADI)
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utility Clerks Certificate of Mailing Wed 12/09 4:34 PM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re4 Notice (Other). (jpk)
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Monday, November 23, 2020
3 3 3 pgs order Order ~Util - Forms Sent ~Util - Directing Party to File an Authorization and Affidavit ~Util - Set Submission Deadline Mon 11/23 1:56 PM
ORDER: The Fulton County Jail is DIRECTED to sign the completed certificate regarding the current balance in Plaintiff's inmate account and provide a certified copy of his inmate trust account for the six-month period preceding the filing of the instant action certified by an institutional officer within thirty (30) days. The Clerk of the Court is DIRECTED to forward the appropriate financial affidavit to both Plaintiff and the Sheriff of the Fulton County Jail together with a copy of this Order. The Clerk is further DIRECTED to resubmit this action to the assigned Magistrate Judge at the expiration of the aforementioned time period. Signed by Magistrate Judge Justin S. Anand on 11/23/2020. Forms sent to party: Affidavit and Authorization. (jed)
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utility Clerks Certificate of Mailing Mon 11/23 2:16 PM
Clerk's Certificate of Mailing as to Lorenzo R. Preston and Sheriff of Fulton County re3 Order and Affidavit and Authorization form. (jed)
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Wednesday, October 28, 2020
2 2 4 pgs order Order Wed 10/28 9:46 AM
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/28/20. (eop)
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utility Clerks Certificate of Mailing Wed 10/28 9:48 AM
Clerk's Certificate of Mailing as to Lorenzo R. Preston re2 Order. (eop)
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utility Submission to Magistrate Judge Wed 10/28 9:49 AM
Submission of1 Complaint for IFP and Frivolity determination, to Magistrate Judge Justin S. Anand. (eop)
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Monday, October 26, 2020
1 1 cmp Complaint Wed 10/28 9:45 AM
COMPLAINT filed by Lorenzo R. Preston.(eop)
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Att: 1 Exhibit -Letter,
Att: 2 Civil Cover Sheet