Ambrose v. Thomas et al (INMATE1)
| 2:2006cv00929 |
| October 13, 2006 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Myron H. Thompson |
| Susan Russ Walker |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 49
ORDER ADOPTING 48 Report and Recommendations; that 1) granting 23 Motion for Summary Judgment filed by Doug Wheeler, Olivia Pearson, Russell Thomas; 2) Judgment is entered in favor of the defendants and against the plaintiff, with the plaintiff taking nothing by his complaint; 3) The costs of this proceeding are taxed against the plaintiff. Signed by Honorable Myron H. Thompson on 6/18/09. (Attachments: # 1 appeals checklist)(vma, )
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| No objections were filed for report and recommendation. (vma, ) |
| Filing 48 REPORT AND RECOMMENDATIONS it is the Recommendation of the Mag Judge that re 23 MOTION for Summary Judgment filed by Doug Wheeler, Olivia Pearson, Russell Thomas be granted; 2) Judgment be entered in favor of the defendants; The costs of this proceeding be taxed against the plaintiff; This case be dismissed with prejudice; Objections to R&R due by 6/4/2009. Signed by Honorable Susan Russ Walker on 5/21/09. (vma, ) |
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Filing 47
ORDER construing 46 Motion of reminder as a motion to compel; motion denied; The clerk is directed to provide the plaintiff with a copy of the defendants' 4/6/07 response. Signed by Honorable Susan Russ Walker on 9/23/08. (vma, )
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| Filing 46 MOTION of reminder by Jenerral Reed Ambrose. (vma, ) |
| Filing 45 Corporate/Conflict Disclosure Statement by Russell Thomas, Olivia Pearson, Doug Wheeler re 40 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Guy, Norman) |
| Filing 44 Corporate/Conflict Disclosure Statement by Russell Thomas, Olivia Pearson, Doug Wheeler re 41 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Guy, Norman) |
| Filing 43 Corporate/Conflict Disclosure Statement by Russell Thomas, Olivia Pearson, Doug Wheeler re 42 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Guy, Norman) |
| Filing 42 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Doug Wheeler Corporate Disclosures due by 2/15/2008. (Attachments: # 1 standing order & sample format)(vma, ) |
| Filing 41 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Olivia Pearson Corporate Disclosures due by 2/15/2008. (Attachments: # 1 standing order & sample format)(vma, ) |
| Filing 40 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Russell Thomas Corporate Disclosures due by 2/15/2008. (Attachments: # 1 standing order & sample format)(vma, ) |
| Filing 39 NOTICE of Change of Address by Jenerral Reed Ambrose. (wcl, ) |
| Filing 38 NOTICE of Correction attaching corrected PDF re 37 Response in Opposition, (Attachments: # 1 corrected affidavit)(vma, ) |
| Filing 37 RESPONSE in Opposition re 33 Response in Opposition by Russell Thomas, Olivia Pearson, Doug Wheeler. (Attachments: # 1 Affidavit Affidavit of Olivia Pearson# 2 Exhibit Exhibit 3# 3 Exhibit Exhibit 4)(Guy, Norman) Additional attachment(s) added on 5/3/2007 (vma, ). |
| Filing 36 NOTICE of error re 35 Response in Opposition, (vma, ) |
| Filing 35 PLEASE DISREGARD THIS DOCKET ENTRY - STRICKEN FROM THE DOCKET - PDF'S ARE FILED WITH ERROR - COUNSEL WILL RE-EFILE DOCUMENTS***RESPONSE in Opposition re 33 Response in Opposition by Russell Thomas, Olivia Pearson, Doug Wheeler. (Attachments: # 1 Affidavit Affidavit of Olivia Pearson# 2 Exhibit Exhibit 3# 3 Exhibit Exhibit 4)(Guy, Norman) Modified on 5/3/2007 (vma, ). |
| Filing 34 NOTICE of Change of Address by Jenerral Reed Ambrose (vma, ) |
| Filing 33 RESPONSE in Opposition re 23 Answer to Amendment to Complaint,, Special Report to Inmate 1983 Complaint,,, by Jenerral Reed Ambrose. (Attachments: # 1 inmates envelope# 2 aff of Robert Young# 3 Wayne Caple# 4 affidavit of Ambrose)(vma, ) |
| Filing 32 Response to Order re 31 Order on Motion for Court Order, by Russell Thomas, Olivia Pearson, Pike County Commission, Doug Wheeler. (Guy, Norman) Modified on 4/9/2007 (vma, ). |
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Filing 31
ORDER granting 30 Motion for court order; it is Ordered that: 1) This motion be and is hereby granted to the extent allowed by this order; 2) On or before 4/17/07, the defendants shall file a supplement to their special report which contains copies of the plaintiff's jail medical records and any grievance or request submitted to correctional officials from 9/6/06 to and including 10/16/06 . Signed by Judge Susan Russ Walker on 4/2/07. (vma, )
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| Filing 30 Requested court order. by Jenerral Reed Ambrose. (vma, ) |
| Request for medical intake records by Jenerral Reed Ambrose. (No PDF attached; contained within doc. 30 )(vma, ) |
| Mail Returned as Undeliverable. Mail sent to Jenerral Reed Ambrose; Order of 3/8/07 returned w/notation: returned to sender; no longer in this jail (vma, ) |
| Filing 29 NOTICE of Change of Address by Jenerral Reed Ambrose (vma, ) |
| Mail Returned as Undeliverable. Mail sent to Jenerral Reed Ambrose; order of 2/27/07 & court's letter returned w/notation: return to sender; not in this jail; attempted unknown (vma, ) |
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Filing 28
ORDER that the 27 Motion for Extension of Time filed by the plaintiff is GRANTED to the extent allowed by this order. The plaintiff is GRANTED an extension from 3/12/2007 to and including 4/12/2007 to file a response to the defendants' special report in compliance with the order entered on 2/20/2007 (Court Doc. No. 24 ). On or before 3/16/2007, the defendants shall provide the plaintiff with a copy of their special report and supporting evidentiary materials at the Jefferson County Jail, 1822 2nd Avenue North, Bessemer, AL 35020. Signed by Judge Susan Russ Walker on 3/8/2007. (dmn)
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| Filing 27 MOTION for Extension of Time to File Response/Reply as to 24 Order by Jenerral Reed Ambrose. (Attachments: # 1 Copy of Order)(cc, ) |
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Filing 26
ORDER TO SHOW CAUSE why this case should not be dismissed for his failure to copy with the orders of this court and his failure to adequately prosecute this action; Show Cause Response due by 3/12/2007. Signed by Judge Susan Russ Walker on 2/27/07. (vma, )
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| Mail Returned as Undeliverable. Mail sent to Jeneral Reed Ambrosey; order of 2/20/07 returned w/notation: RTS; no longer here; return to sender; attempted not known; unable to forward (vma, ) |
| Filing 25 NOTICE of Change of Address by Jenerral Reed Ambrose (vma, ) |
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Filing 24
ORDER that on or before 3/12/07 plaintiff shall file a response to the written report filed by the dfts.. Signed by Judge Susan Russ Walker on 2/20/07. (vma, )
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| MOTION for Summary Judgment by Russell Thomas, Olivia Pearson, Doug Wheeler. (No PDF attached; see doc. 23 for PDF)(vma, ) |
| Filing 23 ANSWER to Amendment to Complaint, Special Report to Inmate 1983 Complaint, ANSWER to Amendment to Complaint by Russell Thomas, Olivia Pearson, Doug Wheeler. (Attachments: # 1 part Exh 1 of Part 1# 2 Exh 1 - Part 2# 3 Exh 1 - Part 3# 4 Exh 2)(vma, ) |
| Mail Returned as Undeliverable. Mail sent to Jenneral Reed Ambrose; order of 1/8/07 returned w/notation: return to sender; moved, left no address; inmate was released (vma, ) |
| Filing 22 Return Receipt Card showing service of proc order & amendment to complaint signed by Kelley Lucas for Russell Thomas served on 1/10/2007, answer due 2/19/2007; Olivia Pearson served on 1/10/2007, answer due 2/19/2007; Doug Wheeler served on 1/10/2007, answer due 2/19/2007. (vma, ) |
| Filing 21 NOTICE of Change of Address by Jenerral Reed Ambrose (vma, ) |
| Mail Returned as Undeliverable. Mail sent to Jenerral Reed Ambrose; order of 1/4/07 return w/notation; return to sender; moved, left no address; inmate was released (vma, ) |
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Filing 20
ORDER TO FILE SPECIAL REPORT within 40 days from the date of this order; copies mailed to plaintiff; mailed by CMRRR with complaint and amendments to named defendants Thomas, Pearson and Wheeler. Signed by Judge Susan Russ Walker on 1/8/07. (vma, )
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Filing 19
ORDER ADOPTING 17 Report and Recommendations, it is the Order, Judge and Decree of the court that: 1) The plaintiff's claims against the Pike Co. Commission are dismissed with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) and (iii); 2) The Pike Co. Commission is dismissed from this cause of action; 3) This case, with respect to the plaitniff's claims against properly named defendants is referred back to the Mag Judge for appropriate proceedings . Signed by Judge Myron H. Thompson on 1/4/07. (vma, )
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| No objections were filed for report and recommendation. (vma, ) |
| Filing 18 AMENDMENT TO COMPLAINT against all defendants, filed by Jenerral Reed Ambrose.(vma, ) |
| Filing 17 REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by Jenerral Reed Ambrose, it is the Recommendation of the Mag Judge that: 1) The Plaintiff's claims against the Pike Co. Commission be dismissed with prejudice in accordance with the directives of 28 USC 1915(e)(B)(i) and (iii); 2) The Pike County Commission be dismissed from this cause of action; 3) This case, with respect to he plaintiff's claims against the properly named defenants, be referred back to the undersigned for appropriate proceedings; Objections to R&R due by 12/21/2006. Signed by Judge Susan Russ Walker on 12/8/06. (vma, ) |
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Filing 16
ORDER that the Recommendation entered on 11/2/06 (Court Doc. No. 8 ) be and is hereby withdrawn. Signed by Judge Susan Russ Walker on 12/8/06. (vma, )
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Filing 15
ORDER that on or before 12/28/06 the plaintiff shall file with this court an amendment to his complaint which: 1) Informs the court of the true names of "Brian Doe, Jailer" and "Kelly Doe, Jailer" who allegedly violated his constitutional rights; 2) Specifically describes how each of these individuals violated his constitutional rights as further set out in order . Signed by Judge Susan Russ Walker on 12/8/06. (vma, )
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Filing 14
ORDER granting 11 Motion for Reconsideration; the order (doc. no. 9 ) and Final Judgment (doc. no. 10 entered on 11/16/06 be and are hereby vacated; 3) This case be referred back to the Mag Judge for further approproate proceedings . Signed by Judge Myron H. Thompson on 12/7/06. (vma, )
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| Filing 13 AMENDMENT TO COMPLAINT against all defendants, filed by Jenerral Reed Ambrose (pursuant to order of 11/29/06 - 12 ).(vma, ) |
| Case reopened - re: order of 12/7/06 - doc. 14 (No PDF attached)(vma, ) |
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Filing 12
ORDER that, on or before 12/11/06, the plaintiff shall file an amended complaint as further set out in order; Amended Pleadings due by 12/11/2006. Signed by Judge Myron H. Thompson on 11/29/06. (vma, )
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| Filing 11 MOTION for Reconsider, etc. re 10 Judgment,, 9 Order Adopting Report and Recommendations,, by Jenerral Reed Ambrose. (vma, ) |
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Filing 10
VACATED PER ORDER OF 12/7/06 - doc. 14 ***FINAL JUDGMENT it is Ordered and Adjudged that Judgment is entered in favor of the defendants and against the plaintiff, and this action be and is hereby dismissed. Signed by Judge Myron H. Thompson on 11/16/06. (Attachments: # 1 appeals checklist)(vma, ) Modified on 12/7/2006 (vma, ).
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Filing 9
VACATED PER ORDER OF 12/7/06 - doc. 14 **ORDER ADOPTING 8 Report and Recommendations; and it the Order, Judgment and Decree of the court that: 1) The claims presented by Ambrose with respect to the conditions of confinement during his incarceration in the Pike County Jail are dismissed as moot; 2) The claim presented on behalf of other inmates confined in the Pike County Jail are dismissed with prejudice under 28 USC 1915(e)(2)(B)(i) as the plaintiff lacks standing to assert these claims; 3) This case is dismissed prior to service ofprocess in accordance with the directives of 28 USC 1915(e)(2)(B)(i) . Signed by Judge Myron H. Thompson on 11/16/06. (Attachments: # 1 appeals checklist)(vma, ) Modified on 12/7/2006 (vma, ).
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| No objections were filed for report and recommendations. (vma, ) |
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Filing 8
WITHDRAWN PER ORDER OF 12/8/06***doc. 16 **REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by Jenerral Reed Ambrose that: 1) The claims presented by Ambrose with respect to the conditions of confinement during his incarceration in the Pike County Jail be dismissed as moot; 2) The claims presented on behalf of other inmates confined in the Pike County Jail be dismissed with prejudice under 28 USC 1915(e)(2)(B)(i) as the plaintiff lacks standing to assert these claims; 3) This case be dismissed prior to service of process in accordance with the directives of 28 USC 1915(e)(2)(B)(i); Objections to R&R due by 11/7/2006. Signed by Judge Susan Russ Walker on 11/2/06. (vma, ) Modified on 12/8/2006 (vma, ).
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| AO FORM 85 mailed to counsel for Russell Thomas, Olivia Pearson, Doug Wheeler (vma, ) |
| Filing 7 NOTICE of Appearance by Norman Gunter Guy, Jr on behalf of Russell Thomas, Olivia Pearson, Doug Wheeler (Guy, Norman) |
| Filing 6 NOTICE of Change of Address by Jenerral Reed Ambrose (vma, ) |
| Filing 5 Return Receipt Card showing service of proc. order & complaint signed by Debra Frazier for Russell Thomas served on 10/19/2006, answer due 11/28/2006; Olivia Pearson served on 10/19/2006, answer due 11/28/2006; Doug Wheeler served on 10/19/2006, answer due 11/28/2006. (vma, ) |
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Filing 4
ORDER TO FILE SPECIAL REPORT within 40 days from the date of this order; copies mailed to plaintiff; mailed by CMRRR with complaint to named defendants. Signed by Judge Susan Russ Walker on 10/17/06. (vma, )
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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 as further set out in order. Copies mailed to plaintiff and account clerk at PCJ; furn: cashier. Signed by Judge Susan Russ Walker on 10/17/06. (vma, ) Additional attachment(s) added on 10/17/2006 (vma, ).
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Jenerral Reed Ambrose. (vma, ) |
| Filing 1 Inmate 1983 COMPLAINT against all defendants , filed by Jenerral Reed Ambrose.(vma, ) |
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