Corpa v. Baxley et al (INMATE 1)
| Dane J. Corpa |
| Wally Olson, Dale County Jail, Brandon Tucker, Steve Baxley, Eric Baker and Harvey Mcloud |
| 1:2018cv00987 |
| November 26, 2018 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Charles S Coody |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 11
ORDER ON MOTION: ORDER granting #8 Motion for Extension of Time; further ORDERED that the dfts be GRANTED an extension from 1/10/2019 to and including 2/19/2019 to file their special report and answer. Signed by Honorable Judge Charles S. Coody on 1/10/2019. (wcl, )
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| Filing 10 Corporate/Conflict Disclosure Statement by Steve Baxley. (Hill, Charles) |
| Filing 9 Corporate/Conflict Disclosure Statement by Eric Baker. (Hill, Charles) |
| Filing 8 MOTION for Extension of Time to File Special Report & Answer re #4 Order to file special report within 40 days of the date of this order by Eric Baker, Steve Baxley. (Hill, Charles) |
| ***PURSUANT TO #8 MOTION - Attorney Ashley Hawkins Freeman for Eric Baker and Steve Baxley added. (No pdf attached to this entry) (wcl, ) |
| AO FORM 85 mailed to counsel for Eric Baker, Steve Baxley. (No pdf attached to this entry) (wcl, ) |
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Filing 7
ORDER: it is ORDERED that: 1) The #5 Recommendation of the Magistrate Judge is ADOPTED; 2) The plf's claims against the Dale County Jail and his request for criminal prosecution of the dfts are dismissed with prejudice prior to service of process in accordance with the provisions of 28 USC 1915(e)(2)(B)(i); 3) The Dale County Jail is dismissed as a dft in this cause of action; 4) Dfts Wally Olson, Brandon Tucker and Harvey Mcloud are dismissed from this case pursuant to the directives of 28 USC 1915(e)(2)(B)(ii) as the claims lodged against these dfts are based on a theory of respondeat superior or vicarious liability; 5) This case, with respect to the plf's deliberate indifference claims against dfts Steve Baxley and Eric Baker, is referred back to the Magistrate Judge for further appropriate proceedings. Signed by Honorable Judge W. Harold Albritton, III on 12/20/2018. (Attachments: #1 Civil Appeals Checklist)(wcl, )
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| No objections filed to the #5 Recommendation. (No pdf attached to this entry) (wcl, ) |
| Filing 6 Return Receipt Card showing service of #1 Inmate 1983 Complaint and #4 Order signed by Megan DiFlippo for: Eric Baker served on 11/30/2018, answer due 1/10/2019; Steve Baxley served on 11/30/2018, answer due 1/10/2019. (wcl, ) |
| Filing 5 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The plf's claims against the Dale County Jail and his request for criminal prosecution of the dfts be dismissed with prejudice prior to service of process in accordance with the provisions of 28 USC 1915(e)(2)(B)(i); 2) The Dale County Jail be dismissed as a dft in this cause of action; 3) Dfts Wally Olson, Brandon Tucker and Harvey Mcloud be dismissed as parties in this case pursuant to the directives of 28 USC 1915(e)(2)(B)(ii); 4) This case, with respect to the plf's deliberate indifference claims against dfts Steve Baxley and Eric Baker, be referred back to the undersigned for appropriate proceedings; Objections to R&R due by 12/13/2018. Signed by Honorable Judge Charles S. Coody on 11/29/2018. (wcl, ) |
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Filing 4
ORDER TO FILE SPECIAL REPORT AND ANSWER on or before 1/10/2019; copies mailed to plf; mailed by CMRRR with complaint to dfts Baxley and Baker. Signed by Honorable Judge Charles S. Coody on 11/28/2018. (wcl, )
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Filing 3
ORDER ON MOTION: ORDER granting #2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plf and account clerk at Dale County Jail. Signed by Honorable Judge Charles S. Coody on 11/28/2018. (furn: Cashier) (wcl, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Dane J. Corpa. (es, ) |
| Filing 1 Inmate 1983 COMPLAINT against Eric Baker, Steve Baxley, Dale County Jail, Harvey Mcloud, Wally Olson, Brandon Tucker, filed by Dane J. Corpa.(es, ) |
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