Coney v. Laurens County Sheriff Department et al

Filing 6

ORDER closing case CV 317-071 and denying the motion for IFP in this civil case as moot; Court directing re-service of 3 Notice of Filing Deficiency, in which Plaintiff will have 14 days to comply with the deficiency notice. Plaintiff's claims for relief shall proceed under CV 317-067. Signed by Magistrate Judge Brian K. Epps on 01/25/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
VICTOR L. CONEY,

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Plaintiff,
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v.
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LAURENS COUNTY SHERIFF
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DEPARTMENT; DANIEL LAMPP, Deputy )
Sheriff; STEVEN CADY, Deputy Sheriff;
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SHERRY MANGUM, Deputy Sheriff;
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WILSON BUSH, Deputy Sheriff; and
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DEIDRE BYRD, Investigator,
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Defendants.
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VICTOR L. CONEY,
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Plaintiff,
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v.
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LAURENS COUNTY SHERIFF
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DEPARTMENT; DANIEL LAMPP, Deputy )
Sheriff; STEVEN CADY, Deputy Sheriff;
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SHERRY MANGUM, Deputy Sheriff;
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WILSON BUSH, Deputy Sheriff; and
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DEIDRE BYRD, Investigator,
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Defendants.
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CV 317-067

CV 317-071

ORDER
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On December 15, 2017, Victor L. Coney, currently detained at the Laurens County Jail
in Dublin, Georgia, filed a complaint pursuant to 42 U.S.C. § 1983 against the Laurens County

Sheriff Department, Deputy Sheriff Daniel Lampp, Deputy Sheriff Steven Cady, Deputy Sheriff
Sherry Mangum, Deputy Sheriff Wilson Bush, and Investigator Deidre Byrd. CV 317-067, doc.
no. 1. Plaintiff also moved to proceed in forma pauperis (“IFP”). Id., doc. no. 2. The case,
assigned Civil Action Number 317-067, raises three claims related to Plaintiff’s arrest on
October 29, 2015 and subsequent detainment in Laurens County Jail: (1) false arrest; (2) false
imprisonment; and (3) illegal search and seizure. Id., doc. no. 1. The accompanying IFP motion
only contained the first page, so the Clerk of Court sent Plaintiff a deficiency notice requiring
Plaintiff return a signed and completed IFP motion within fourteen days. Id., doc. no. 3. On
January 16, 2018, the deficiency notice was returned as undeliverable. Id., doc. no. 4.
On December 20, 2018, U.S. Magistrate Judge G.R. Smith reassigned another case filed
by Plaintiff from the Savannah Division to the Dublin Division. CV 317-071, doc. no. 6.
Plaintiff’s complaint in that case was also pursuant to 42 U.S.C. § 1983 against the Laurens
County Sheriff Department, Deputy Sheriff Daniel Lampp, Deputy Sheriff Steven Cady, Deputy
Sheriff Sherry Mangum, Deputy Sheriff Wilson Bush, and Investigator Deidre Byrd, and he also
moved to proceed IFP. Id., doc. nos. 1, 2. That action also raised the same three claims related
to Plaintiff’s arrest on October 29, 2015 and subsequent detainment in Laurens County Jail: (1)
false arrest; (2) false imprisonment; and (3) illegal search and seizure. Id., doc. no. 1. The Clerk
of Court opened the transferred case was opened in the Dublin Division and assigned Civil
Action Number 317-071. Based on the signature date on the complaint in Civil Action Number
317-067, it is not entirely clear Plaintiff received the Court’s Order reassigning Civil Action
Number 317-071 to the Dublin Division at the time he submitted Civil Action Number 317-067.
Because Plaintiff filed the same case twice the Court hereby DIRECTS the Clerk of
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Court to CLOSE Civil Action Number 317-071. Plaintiff’s request to proceed IFP in that case
is DENIED AS MOOT. The second case shall not be counted against Plaintiff as a strike under
28 U.S.C. § 1915(g).
Plaintiff’s claims for relief shall proceed under Civil Action Number 317-067. As the
deficiency notice was returned as undeliverable but Plaintiff subsequently filed a change of
address1 (see CV 317-067, doc. nos. 4, 5), the Court DIRECTS the CLERK to re-serve the
deficiency notice on Plaintiff at the Laurens County Jail. Id., doc. no. 3. Plaintiff shall have
fourteen days to comply with the Clerk’s deficiency notice. The failure to do so will result in a
recommendation to the presiding District Judge that this case be dismissed without prejudice.
SO ORDERED this 25th day of January, 2018, at Augusta, Georgia.

1

The Clerk of Court docketed Plaintiff’s Notice of Change of Address and changed
Plaintiff’s address in CV 317-067 but not CV 317-071. The Court DIRECTS the CLERK to
update the docket in both cases to reflect that Plaintiff’s address is now the Laurens County Jail.
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