McClendon v. Houston County Jail et al (INMATE 2)
| Benjamin McClendon |
| Jason Smoak, Houston County Jail, James Brazier, Donald Valenza and Houston County Health Department |
| 1:2019cv00659 |
| September 10, 2019 |
| US District Court for the Middle District of Alabama |
| Andrew L Brasher |
| Charles S Coody |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 11 RECOMMENDATION OF THE MAGISTRATE JUDGE re #1 Inmate 1983 Complaint filed by Benjamin McClendon this case be DISMISSED without prejudice for Plaintiff's failure to prosecute this action. Objections to R&R due by 11/22/2019. Signed by Honorable Judge Charles S. Coody on 11/8/2019. (dmn, ) |
Filing 10
ORDER that the #5 Recommendation is ADOPTED, and it is hereby ORDERED that: 1) Plf's 1983 claims against Dfts Houston County Health Department and the Houston County Jail are DISMISSED with prejudice prior to service of process under 28 USC 1915(e)(2)(B)(i); 2) Dfts Houston County Health Department and the Houston County Jail are TERMINATED as parties to this complaint; DIRECTING the Clerk to enter this document on the civil docket as a final judgment as to Dfts Houston County Health Department and the Houston County Jail pursuant to Rule 58 FRCP; This case is not closed and is referred to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Andrew L. Brasher on 11/7/2019. (Attachments: #1 Civil Appeals Checklist) (wcl, )
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| NO OBJECTION filed to #5 Recommendation of Magistrate Judge. (dmn, ) (no pdf) |
| Mail Returned as Undeliverable. #9 Order mailed to Benjamin McClendon returned by USPS with the following notation, "Return to Sender, Not at this Address." (NO PDF) (dmn, ) |
| Mail Returned as Undeliverable. #5 Recommendation of the Magistrate Judge mailed to Benjamin McClendon returned by USPS with the following notation, "Return to Sender, Not Deliverable as Addressed, Unable to Forward." (dmn, ) (NO PDF) |
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Filing 9
ORDER directing Plaintiff to file with the court a current address and/or SHOW CAUSE why this case should not be dismissed for his failure to adequately prosecute this action. Show Cause Response due by 10/15/2019. It is further ORDERED that the directive requiring Defendants to file an answer and special report to the complaint be held in ABEYANCE pending Plaintiff's compliance with this order. The CLERK is DIRECTED to furnish a copy of this order to Plaintiff at his last known mailing address and to Defendants Brazier, Valenza, and Smoak. Signed by Honorable Judge Charles S. Coody on 10/1/2019. Copies mailed to Plaintiff and Defendants as directed.(dmn, )
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| Filing 8 Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Natalie Fears for James Brazier served on 9/30/2019, answer due 11/5/2019. (dmn, ) |
| Filing 7 Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Natalie Fears for Donald Valenza served on 9/30/2019, answer due 11/5/2019. (dmn, ) |
| Filing 6 Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Natalie Fears for Jason Smoak served on 9/30/2019, answer due 11/5/2019. (dmn, ) |
| Mail Returned as Undeliverable. #4 Order mailed to Benjamin McClendon returned by USPS with the following notation, "Return to Sender, Not at this Address." (dmn, ) (NO PDF) |
| Filing 5 RECOMMENDATION OF THE MAGISTRATE JUDGE re #1 Inmate 1983 Complaint filed by Benjamin McClendon that: 1. Plaintiff's 1983 claims against Defendants Houston County Health Department and Houston County Jail be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i); 2. The Houston County Health Department and the Houston County Jail be DISMISSED with prejudice and terminated as parties prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i); 3. This case be REFERRED to the undersigned for further proceedings. Objections to R&R due by 10/9/2019. Signed by Honorable Judge Charles S. Coody on 9/25/2019. (dmn, ) |
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Filing 4
ORDER TO FILE SPECIAL REPORT AND ANSWER On or before November 5, 2019; copies mailed to plaintiff; mailed by CMRRR with complaint to named defendants Brazier, Valenza, and Smoak. Signed by Honorable Judge Charles S. Coody on 9/24/2019. (kh, )
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Filing 3
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 plaintiff and account clerk @ Houston County Jail. Signed by Honorable Judge Charles S. Coody on 9/24/2019. (furn: account clerk, cashier)(kh, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Benjamin McClendon. (es, ) |
| Filing 1 Inmate 1983 COMPLAINT against James Brazier, Houston County Health Department, Houston County Jail, Jason Smoak, Donald Valenza, filed by Benjamin McClendon.(es, ) |
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