Downes v. Department of Corrections et al (INMATE 1)
| James R. Downes |
| Department of Corrections, Carter Davenport, Warden Carter, Lt. Woods, Mrs. Blakley, State of Alabama and Jefferson S. Dunn |
| 2:2015cv00437 |
| June 19, 2015 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Barbour |
| Terry F. Moorer |
| William Keith Watkins |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
163
FINDINGS OF FACT AND CONCLUSIONS OF LAW: Accordingly, for the reasons stated, it is hereby ORDERED as follows: 1. The Plaintiff's request for declaratory and injunctive relief is DENIED. 2. The Motion for a Preliminary Injunction (Doc. 141 ) is DENIED as moot. A separate Judgment will be entered in accordance with these Findings of Fact and Conclusions of Law. Signed by Chief Judge Emily C. Marks on 11/6/2020. (kh, )
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Filing
133
MEMORANDUM OPINION AND ORDER: it is hereby ORDERED as follows: 1) The Plf's 123 objections are OVERRULED. 2) The Defs' 125 objections are SUSTAINED to the extent that the Recommendation required proof of a past security breach under the first Turner factor and is OVERRULED in all other respects. 3) The Court adopts the 122 Recommendation of the Magistrate Judge, and the Defs' 113 supplemental motion for summary judgment is DENIED. 4) This case is set before the undersig ned for an evidentiary hearing on Downes's claim for injunctive relief on 8/4/2020 at 10:00 a.m., in Courtroom 2-A, at the FMJ Federal Building and United States Courthouse Complex, Montgomery, AL. 5) Officials at the ALDOC or the persons havin g custody of the plf shall produce him for the hearing. The Clerk of the Court is DIRECTED to serve a copy of this order on the General Counsel for the Department of Corrections. Signed by Chief Judge Emily C. Marks on 5/28/2020. (furn: calendar, ws, ALDOC transport agent, US Marshal) (mailed CMRRR to GC for ALDOC)(cwl, )
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Filing
106
ORDER: it is ORDERED that: 1) The 104 Recommendation of the Magistrate Judge is ADOPTED as to all parts other than Part VI.B; 2) Dfts' 28 motion to dismiss under 42 USC 1997e(a) is DENIED; 3) Dft's 28 motion for summary judgment is DENIED as to injunctive relief on Downes's First Amendment claims related to the receipt of hardback books; 4) Dfts' 28 motion for summary judgment is GRANTED as to Downes's First Amendment claims related to his legal mail; his due process claims related to lost, delayed, or destroyed mail; his access-to-courts claim; his claim related to his receipt or religious materials, and all other claims; 5) This action, as to the remaining claim for injunctive relief, is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 3/28/2018. (alm, )
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Filing
88
ORDERED as follows: (1) Plaintiff's 87 motion for reconsideration is DENIED; and (2) Plaintiff's 86 objection to the order denying appointment of counsel is OVERRULED. Signed by Chief Judge William Keith Watkins on 12/15/2015. (kh, )
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Filing
84
ORDERED as follows: (1) Plaintiffs objection (Doc. # 80 ) is OVERRULED; (2) The Recommendation (Doc. # 77 ) is ADOPTED; (3) Plaintiffs motions for preliminary injunction (Docs. # 3 , 4 ) are DENIED; and (4) This action is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 11/20/2015. (kh, )
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Filing
21
ORDERED as follows: 1. The 16 Recommendation is ADOPTED. 2. Mr. Downes's claims against the State of Alabama and the Department of Corrections are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). 3. The State of Alabama and the Departm ent of Corrections are DISMISSED as Defendants. 4. The case is referred back to the Magistrate Judge for disposition or recommendation on all pretrial matters as may be appropriate pursuant to 28 U.S.C. § 636. Signed by Chief Judge William Keith Watkins on 7/27/2015. (kh, )
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