Scarborough v. United States Navy et al

Tennessee Middle District Court
Judge:	William L Campbell, Jr
Referred:	Jeffery S Frensley
Case #:	3:23-cv-00529
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	42:1983 Civil Rights Act

Case Filed:	May 24, 2023
Terminated:	Nov 18, 2024

Last checked: Monday Nov 20, 2023 2:44 AM CST

Defendant United States Marine Corps
Defendant United States Navy
Defendant Department of the Navy Board of Correction of Naval Records
Defendant Secretary of the Navy
Plaintiff Danny Ray Scarborough 713 Preston Baggett Road Cumberland City, TN 37050

GPO Jul 19 2024
REPORT AND RECOMMENDATION: The undersigned recommends that Defendants' Motion (Docket No. 16) be GRANTED and that Plaintiff's Amended Complaint (Docket No. 11) be DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Jeffery S. Frensley on 7/19/2024. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Main Document 36 replaced on 10/24/2024) (mg).

GPO Nov 18 2024
Judge William L. Campbell, Jr on 11/15/2024. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)ORDER ADOPTING REPORT AND RECOMMENDATIONS: Pending before the Court is the Magistrate Judge's Report and Recommendation (Doc. No. 36), which was filed on July 19, 2024. Through the Report, the Magistrate Judge recommends that the pending motion to dismiss (Doc. No. 16) be granted based on res judicata and that Plaintiff's Amended Complaint (Doc. No. 11) be dismissed with prejudice. Having reviewed the Report and Recommendation and considered Plaintiff's objection, the Court concludes that the Report and Recommendation (Doc. No. 36) should be adopted and approved. Accordingly, the motion to dismiss (Doc. No. 16) is GRANTED and the Amended Complaint (Doc. No. 11) is DISMISSED with prejudice. Signed by Chief

Docket last updated: 9 hours ago

Thursday, December 26, 2024
46		46 appeal USCA Case Number Thu 12/26 9:31 AM USCA Case Number 24-6145 for44 Notice of Appeal filed by Danny Ray Scarborough. Ryan E. Orme. (sb) Related: [-]
Tuesday, December 10, 2024
45		45 motion Proceed In Forma Pauperis Fri 12/20 9:05 AM APPLICATION for Leave to Proceed In Forma Pauperis by Danny Ray Scarborough. (mg) Related: [-]
44		44 appeal Notice of Appeal Fri 12/20 8:57 AM NOTICE OF APPEAL as to42 Order Adopting Report and Recommendations, Order on Motion to Dismiss, by Danny Ray Scarborough.(mg) Modified on 12/20/2024 (mg) Related: [-]
		Att: 1 Attachment - Letter
Friday, December 06, 2024
43		43 motion Miscellaneous Relief Fri 12/06 10:20 AM MOTION Request for Appeal and Objection to42 ORDER ADOPTING REPORT AND RECOMMENDATIONS by Danny Ray Scarborough. (mg) Related: [-]
Monday, November 18, 2024
42		42 2 pgs order Order Adopting Report and Recommendations Order on Report and Recommendation Order on Motion to Dismiss Mon 11/18 8:25 AM ORDER ADOPTING REPORT AND RECOMMENDATIONS: Pending before the Court is the Magistrate Judge's Report and Recommendation (Doc. No.36 ), which was filed on July 19, 2024. Through the Report, the Magistrate Judge recommends that the pending motion to dismiss (Doc. No.16 ) be granted based on res judicata and that Plaintiff's Amended Complaint (Doc. No.11 ) be dismissed with prejudice. Having reviewed the Report and Recommendation and considered Plaintiff's objection, the Court concludes that the Report and Recommendation (Doc. No.36 ) should be adopted and approved. Accordingly, the motion to dismiss (Doc. No.16 ) is GRANTED and the Amended Complaint (Doc. No.11 ) is DISMISSED with prejudice. Signed by Chief Judge William L. Campbell, Jr on 11/15/2024. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (mg) Related: [-]
Thursday, September 05, 2024
41		41 service Summons Returned Executed as to USA Thu 09/05 11:41 AM SUMMONS Returned Executed as to Office of the Attorney General on 6/27/2024 by Danny Ray Scarborough. (Note: USPS Tracking reflects date Summons received.) (xc: Pro se party by regular mail.) (mg) Related: [-]
40		40 service Summons Returned Executed as to USA Thu 09/05 11:35 AM SUMMONS Returned Executed as to Headquarters, United States Marine Corps on 6/27/2024 by Danny Ray Scarborough. (Note: USPS Tracking reflects date Summons received.) (xc: Pro se party by regular mail.) (mg) Related: [-]
Friday, August 23, 2024
39		39 respoth Reply Fri 08/23 4:17 PM REPLY filed by Danny Ray Scarborough re38 Response to37 Objection to Report. (mg) Related: [-]
Thursday, August 08, 2024
38		38 respoth Response (Non-Motion or 2255 Petition) Thu 08/08 10:06 AM RESPONSE filed by Department of the Navy Board of Correction of Naval Records re36 Report and Recommendation,37 Objection to Report and Recommendations filed by Danny Ray Scarborough . (Tackeff, Michael) Related: [-]
Monday, August 05, 2024
37		37 respoth Objection to Report and Recommendations Mon 08/05 2:55 PM OBJECTION to36 Report and Recommendations by Danny Ray Scarborough. (mg) Related: [-]
Friday, July 19, 2024
36		36 motion Report and Recommendation Fri 07/19 4:07 PM REPORT AND RECOMMENDATION: The undersigned recommends that Defendants' Motion (Docket No.16 ) be GRANTED and that Plaintiff's Amended Complaint (Docket No.11 ) be DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Jeffery S. Frensley on 7/19/2024. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (am) Related: [-]
35		35 respm Response in Opposition to Motion Fri 07/19 1:10 PM RESPONSE in Opposition re16 MOTION to Dismiss filed by Danny Ray Scarborough. (mg) Related: [-]
Wednesday, July 17, 2024
34		34 service Summons Returned Executed as to USA Thu 07/18 8:41 AM SUMMONS Returned Executed as to United States Navy on 6/25/2024 by Danny Ray Scarborough. (xc: Pro se party by regular mail.) (mg) Related: [-]
33		33 service Summons Returned Executed as to USA Thu 07/18 8:38 AM SUMMONS Returned Executed as to Department of the Navy Board of Correction of Naval Records on 6/25/2024 by Danny Ray Scarborough. (xc: Pro se party by regular mail.) (mg) Related: [-]
32		32 service Summons Returned Executed as to USA Thu 07/18 8:35 AM SUMMONS Returned Executed as to Secretary of the Navy on 6/25/2024 by Danny Ray Scarborough. (xc: Pro se party by regular mail.) (mg) Related: [-]
Thursday, July 11, 2024
31		31 notice Notice (Other) Thu 07/11 8:29 AM NOTICE by Department of the Navy Board of Correction of Naval Records, Secretary of the Navy, United States Marine Corps, United States Navy of Service of Process (Tackeff, Michael) Related: [-]
Wednesday, June 05, 2024
30		30 service Summons Issued as to USA Wed 06/05 9:57 AM REVISED 285 Form and Summons Issued as to U.S. Department of Justice, U.S. Attorney (Nashville), Department of the Navy Board of Correction of Naval Records, Secretary of the Navy, United States Marine Corps, United States Navy, U.S. Attorney and U.S. Attorney General. Service copies forward to the United States Marshals for service. (NOTE: Some of the addresses were modified.) (mg) Related: [-]
Friday, May 31, 2024
29		29 service Summons Issued as to USA Fri 05/31 3:38 PM 285 Form and Summons Issued as to U.S. Department of Justice, U.S. Attorney (Nashville), Department of the Navy Board of Correction of Naval Records, Secretary of the Navy, United States Marine Corps, United States Navy, U.S. Attorney and U.S. Attorney General. Service copies forward to the United States Marshals for service. (mg) Modified on 5/31/2024 (mg). (Main Document 29 replaced on 5/31/2024) (mg) Related: [-]
28		28 1 pgs order Order on Motion for Miscellaneous Relief Fri 05/31 2:32 PM ORDER: Pending before the Court is the Plaintiff's Request to Honorable Court to Allow Six Summons and Service of Process to Be Re-Issued, Or Four Instead." Docket No.26 . The Defendants have not responded to the motion. The Plaintiff indicates that he was unaware of the manner in which he was required to obtain service in this matter. Based on the foregoing, the Plaintiff's motion to reissue six summons (Docket No.26 ) is GRANTED. In addition to the previously unexecuted summons, the Clerk of Court is directed to issue a summons in this matter to the United States Attorney General and the local United States Attorney. Signed by Magistrate Judge Jeffery S. Frensley on 5/31/2024. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (mg) Related: [-]
27		27 1 pgs order Order on Motion for Miscellaneous Relief Fri 05/31 2:22 PM ORDER: Pending before the Court is a pleading filed by the pro se Plaintiff styled "Plaintiff's Objection and Motion Procede (sic) to Courts-Martial." Docket No.19 . Having the reviewed the pleading, it does appear to be a response to the motion to dismiss and the Court will construe it as such. The Court will consider this pleading in addressing the pending motion to dismiss. However, further relief is not required for this pleading. Based on the foregoing, the Clerk of Court is directed to terminate the Plaintiff's motion (Docket No.19 ) and the Court will give the arguments set forth in Docket Nos.18 and19 appropriate consideration with regard to the motion to dismiss. Signed by Magistrate Judge Jeffery S. Frensley on 5/31/2024. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (mg) Related: [-]
Tuesday, April 16, 2024
26		26 motion Miscellaneous Relief Tue 04/16 3:00 PM MOTION "to allow six Summons and Service of Process to be Re-Issued, or four instead" by Danny Ray Scarborough. (mg) Related: [-]
Thursday, April 11, 2024
25		25 1 pgs order Order on Motion for Miscellaneous Relief Thu 04/11 4:56 PM ORDER: Pending before the Court is a pleading filed by the pro se Plaintiff styled "Plaintiff's Apology to the Court and Request to Proceed to a Trial by Jury for Cause: 42:1983 Civil Rights Act." Docket No.24 . In this pleading, the Plaintiff expresses uncertainty as to whether this Court has jurisdiction to handle a military matter and references the claims and allegations he has brought in this case. To the extent that the Plaintiff's motion requests the Court to set a trial in this matter the motion (Docket No.24 ) is DENIED. Signed by Magistrate Judge Jeffery S. Frensley on 4/11/2024. (xc: Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (mg) Related: [-]
Tuesday, April 09, 2024
24		24 motion Miscellaneous Relief Wed 04/10 9:20 AM MOTION to set Trail and apology to the Court by Danny Ray Scarborough. (mg) Related: [-]
Friday, April 05, 2024
23		23 service Summons Returned Unexecuted Fri 04/05 4:32 PM 285 Form and Summons Returned Unexecuted by Danny Ray Scarborough as to Secretary of the Navy. (xc:Pro se party by regular mail.) (mg) Related: [-]
22		22 service Summons Returned Unexecuted Fri 04/05 4:30 PM 285 Form and Summons Returned Unexecuted by Danny Ray Scarborough as to United States Marine Corps. (xc:Pro se party by regular mail.) (mg) Related: [-]
Thursday, March 28, 2024
21		21 respoth Reply Thu 03/28 11:57 AM REPLY filed by Department of the Navy Board of Correction of Naval Records, Secretary of the Navy, United States Marine Corps, United States Navy re18 Response in Opposition to Motion filed by Danny Ray Scarborough,19 Motion for Miscellaneous Relief filed by Danny Ray Scarborough. (Tackeff, Michael) Related: [-]
Thursday, March 21, 2024
20		20 misc Letter Thu 03/21 3:29 PM Letter from Danny Ray Scarborough from the Department of the Navey dated June 29, 2022. (mg) Related: [-]
19		19 motion Miscellaneous Relief Thu 03/21 3:26 PM MOTION to "Procede to Courts-Martial" by Danny Ray Scarborough. (mg) Related: [-]
18		18 respm Response in Opposition to Motion Thu 03/21 3:24 PM RESPONSE in Opposition re16 MOTION to Dismiss filed by Danny Ray Scarborough. (mg) Related: [-]
Thursday, March 07, 2024
		misc Annotation - Bar Status Thu 03/07 8:39 AM TN State Bar status verified as active for Anica Clarissa Jones, Michael Charles Tackeff admitted to this court . (mg) Related: [-]
Wednesday, March 06, 2024
17		17 12 pgs respoth Memorandum in Support Wed 03/06 2:01 PM MEMORANDUM in Support of16 MOTION to Dismiss filed by Department of the Navy Board of Correction of Naval Records, Secretary of the Navy, United States Marine Corps, United States Navy . (Tackeff, Michael) Related: [-]
16		16 motion Dismiss Wed 03/06 1:59 PM MOTION to Dismiss by Department of the Navy Board of Correction of Naval Records, Secretary of the Navy, United States Marine Corps, United States Navy. (Tackeff, Michael) Related: [-]
15		15 notice Notice of Appearance Wed 03/06 1:57 PM NOTICE of Appearance by Michael Charles Tackeff on behalf of Department of the Navy Board of Correction of Naval Records, Secretary of the Navy, United States Marine Corps, United States Navy (Tackeff, Michael) Related: [-]
14		14 notice Notice of Appearance Wed 03/06 1:55 PM NOTICE of Appearance by Anica Clarissa Jones on behalf of Department of the Navy Board of Correction of Naval Records, Secretary of the Navy, United States Marine Corps, United States Navy (Jones, Anica) Related: [-]
Tuesday, November 28, 2023
13		13 service Summons Issued as to USA Wed 11/29 12:22 PM Summons Issued as to Department of the Navy Board of Correction of Naval Records, Secretary of the Navy, United States Marine Corps. Service copies forwarded to the U.S. Marshals to effect service. (mg) Related: [-]
Monday, November 13, 2023
12		12 2 pgs order Order Referring Case to Magistrate Judge Mon 11/13 3:43 PM ORDER: Plaintiff states a nonfrivolous claim that the 2022 BCRN decision is "arbitrary, capricious or not based on substantial evidence." Bolton, 914 F.3d at 406 (quoting Chappell v. Wallace, 462 U.S. 296, 303 (1983)). All other claims are DISMISSED. The Clerk is DIRECTED to send Plaintiff four service packets. Plaintiff MUST complete one service packet for each Defendant, and then return the four completed service packets to the Clerk's Office within 21 DAYS of the date this Order is entered on the docket. Upon return of the completed service packets, PROCESS SHALL ISSUE. This action is REFERRED to the Magistrate Judge to enter a scheduling order for the management of the case, dispose or recommend disposition of any pretrial motions under 28 U.S.C. �� 636(b)(1)(A) and (B), and conduct further proceedings, if necessary, under Rule 72 of the Federal Rules of Civil Procedure and the Local Rules of Court. It is so ORDERED. Signed by District Judge William L. Campbell, Jr on 11/13/2023. (xc:Pro se party by regular mail along with four service packets. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (af) Related: [-]
Friday, October 27, 2023
11		11 cmp Amended Complaint Fri 10/27 5:26 PM AMENDED COMPLAINT against Department of the Navy Board of Correction of Naval Records, Secretary of the Navy, United States Marine Corps, United States Navy, filed by Danny Ray Scarborough.(mg) Related: [-]
		Att: 1 Attachment - Letter from the Department of the Navy, 9/25/2022,
		Att: 2 Attachment - Letter, October 23, 2023
Wednesday, October 11, 2023
10		10 2 pgs order Order on Application for Leave to Proceed In Forma Pauperis Wed 10/11 5:36 PM ORDER: Plaintiff Danny Ray Scarborough filed a pro se Complaint against the United States Navy and the United States Marine Corps (Doc. No.1 ) and an amended in forma pauperis application. The amended application (Doc. No.6 ) is GRANTED because Plaintiff has adequately demonstrated that he cannot pay the full civil filing fee in advance without "undue hardship." Accordingly, Plaintiff MUST submit an Amended Complaint. The Court MUST receive the Amended Complaint within 30 DAYS of the date this Order is entered on the docket. The Clerk SHALL mail Plaintiff a blank Complaint for a Civil Case (Pro Se 1). Signed by District Judge William L. Campbell, Jr on 10/11/2023. (xc:Pro se party by regular mail along with a blank Complaint for a Civil Case.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (mg) Related: [-]
Tuesday, September 12, 2023
9		9 misc Letter Tue 09/12 4:18 PM Letter from Danny Ray Scarborough. (mg) Related: [-]
Monday, August 14, 2023
8		8 misc Letter Mon 08/14 10:22 AM Letter from Danny Ray Scarborough. (mg) Related: [-]
Wednesday, August 02, 2023
7		7 misc Letter Wed 08/02 2:26 PM Letter from Danny Scarborough. (mg) Related: [-]
Tuesday, July 18, 2023
6		6 motion Proceed In Forma Pauperis Tue 07/18 1:31 PM APPLICATION for Leave to Proceed In Forma Pauperis by Danny Ray Scarborough. (mg) Related: [-]
Tuesday, July 11, 2023
5		5 2 pgs order Order on Application for Leave to Proceed In Forma Pauperis Tue 07/11 3:11 PM ORDER: Plaintiff Danny Ray Scarborough filed a pro se Complaint against the United States Navy and the United States Marine Corps (Doc. No.1 ) and an in forma pauperis application. (Doc. No.2 ). Accordingly, the in forma pauperis application (Doc. No.2 ) is DENIED WITHOUT PREJUDICE to either (a) submitting an amended, long-form application, or (2) paying the full $402.00 civil filing fee to the Clerk of Court. The Court must receive Plaintiff's response within 30 DAYS of the date this Order is entered on the docket. The Clerk SHALL mail Plaintiff a blank long-form in forma pauperis application for non-prisoners. Signed by District Judge William L. Campbell, Jr on 7/11/2023. (xc:Pro se party by regular mail along with a blank long-form in forma pauperis application for non-prisoners.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (mg) Related: [-]
Wednesday, June 07, 2023
4		4 misc Supplement Wed 06/07 4:13 PM SUPPLEMENT filed by Danny Ray Scarborough re1 Complaint. (mg) Related: [-]
Wednesday, May 24, 2023
3		3 notice Notice/Information re Consent of the Parties to MJ Wed 05/24 3:33 PM NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (af) Related: [-]
2		2 motion Proceed In Forma Pauperis Wed 05/24 3:31 PM APPLICATION for Leave to Proceed In Forma Pauperis by Danny Ray Scarborough. (af) Related: [-]
1		1 cmp Complaint Wed 05/24 3:29 PM COMPLAINT against United States Marine Corps, United States Navy, filed by Danny Ray Scarborough.(af) Related: [-]
		Att: 1 Exhibit - Military/Psych Records
		misc Annotation - Docket Wed 05/24 3:36 PM Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice of Consent form included.) (af) Related: [-]

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