Turner v. State Of Georgia et al
Filing
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ORDER directing the Clerk to close CV 124-191 and file the Complaint in CV 124-170 as an amended Complaint in this case. Plaintiff's case shall proceed in the normal course of business as CV 124-170, and any future filings shall be captioned and filed under CV 124-170. Signed by Magistrate Judge Brian K. Epps on 10/23/2024. Modified on 10/23/2024 (jlh).
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
JOHN TREVOR TURNER,
)
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Plaintiff,
)
)
v.
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STATE OF GEORGIA; RICHMOND
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COUNTY SHERIFF’S DEPT.; and DEVIN )
CAMANCHO,
)
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Defendants.
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_______________________________________
)
)
Plaintiff,
)
)
v.
)
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STATE OF GEORGIA; DEPARTMENT OF )
CORRECTIONS; RICHMOND COUNTY )
SHERIFF’S DEPT.; DEVIN CAMANCHO; )
CHRISTOPHER BROWN; JERIMIAH
)
WELCH; and SPECTRUM HEALTH
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SYSTEMS, Paulding County RSAT Center, )
)
Defendants.
)
_________
CV 124-170
JOHN TREVOR TURNER,
CV 124-191
ORDER
_________
On September 25, 2024, the Clerk of Court opened a purported civil rights case in
Plaintiff’s name based on the events surrounding Plaintiff’s October 2022 arrest by Officer
Camancho for possession of methamphetamine and his resultant incarceration for a probation
violation, even though the methamphetamine possession charge was later dismissed. See
Turner v. State of Georgia, CV 124-170, doc. no. 1 (S.D. Ga. Sept. 25, 2024) (hereinafter
“CV 124-170”). Because it was unclear whether Plaintiff is attempting to assert a claim
pursuant to 42 U.S.C. § 1983 or is attempting to petition for habeas corpus relief pursuant to
28 U.S.C. § 2254, on October 9, 2024, the Court provided Plaintiff an appropriate form civil
rights complaint used by incarcerated litigants in the Southern District of Georgia and a form
habeas corpus petition and directed him to return whichever form matched the relief sought
within fourteen days. (See id., doc. no. 3.)
On October 22, 2024, Plaintiff returned the civil rights form, along with an
attachment which appears to be a copy of a civil action filed in the Superior Court of
Richmond County, but instead of docketing the filing in CV 124-170 as an amended
complaint, the Clerk of Court opened a new case in Plaintiff’s name. See Turner v. State of
Georgia, CV 124-191, doc. no. 1 (S.D. Ga. Oct. 22, 2024) (hereinafter “CV 124-091”).
Plaintiff’s new pleading again describes issues related to his 2022 arrest by Officer
Camancho for possession of methamphetamine and his resultant incarceration; the caption
lists the same Defendants in the original complaint, and adds four new parties. (See id.)
Upon examination of the pleadings in both cases, and in consideration of the
instructions provided by the Court on October 9th in CV 124-170, it appears the Clerk of
Court mistakenly opened CV 124-191 rather than docketing Plaintiff’s amended pleading in
CV 124-170. To correct this administrative error resulting in two pending cases based on the
same claims, the Court DIRECTS the CLERK to file the complaint from CV 124-191 as an
amended complaint in CV 124-170 and close CV 124-191. The motion to proceed IFP in
CV 124-191 is MOOT because Plaintiff already has a motion to proceed IFP pending in
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CV 124-170 at docket entry two. Plaintiff’s case shall proceed in the normal course of
business as CV 124-170, and any future filings shall be captioned and filed under CV 124-170.
SO ORDERED this 23rd day of October, 2024, at Augusta, Georgia.
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