Parker v. Henline et al (INMATE 2)
| Shaquille Parker |
| Robert Henline and Bill Franklin |
| 2:2017cv00753 |
| November 6, 2017 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| St. Clair |
| Gray M. Borden |
| W. Harold Albritton |
| 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
42
ORDER: Before the Court is Plaintiff's Notice of Appeal (Doc. 39 ) which is construed to contain a Motion to Proceed on Appeal in forma pauperis and a Motion for Certificate of Appealability. An appeal may not be taken in forma pauperis if the trail court certifies in writing that is not taken in good faith." 28 USC 1915(a)(3). In making a determination on good faith, the Court must use an objective standard, such as whether the appeal is "frivolous" or "has no substantive merit." It is ORDERED that the appeal in this cause is certified, under 28 U.S.C. 1915(a)(3), as not taken in good faith, and the Motion to Proceed on Appeal in Forma Pauperis and Motion for Certificate of Appealability (Doc. 39 ) are DENIED. It is further ORDERED that, pursuant to the Prison Litigation Reform Act, 28 U.S.C. 1915(b) (as amended), Plaintiff is required to pay the $505.00 filing fee for this appeal as further set out in the order. To aid those persons havin g custody of Plaintiff in complying with the requirements of this Order, the Clerk is DIRECTED to furnish a copy of this Order to the inmate account clerk at Donaldson Correctional Facility in Bessemer, AL as further set out in the order. Signed by H onorable Judge Kelly F. Pate on 12/4/2020. Furnished Appeals Clerk, Cashier. Copy mailed to Account Clerk at Donaldson CF as directed. (dmn, ) Modified on 12/4/2020 to include text, "Signed by Honorable Judge Kelly F. Pate on 12/4/2020" which was erroneously omitted due to docketing error, and to include Furnished text. (dmn, )
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Filing
37
MEMORANDUM OPINION AND ORDER: considering the 23 Special Report as a Motion to Dismiss and Motion for Summary Judgment; it is ORDERED that Dfts' 23 Motion to Dismiss and 23 Motion for Summary Judgment is GRANTED and that this action is DISMISSED with prejudice. Signed by Honorable Judge Kelly F. Pate on 11/10/2020. (bes, )
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Filing
22
MEMORANDUM OPINION AND ORDER: For all of these reasons, a preliminary injunction is not warranted. Therefore, Plaintiffs motion for a preliminary injunction (Doc. 5 ) is DENIED. Signed by Honorable Judge Gray M. Borden on 1/19/2018. (kh, )
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