Smiley v. Gibson (INMATE 2)
| Darren Lavon Smiley |
| Jeannie Gibson |
| 2:2018cv00728 |
| August 13, 2018 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Jefferson |
| Wallace Capel |
| Terry F Moorer |
| William Keith Watkins |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 10
ORDER ON MOTION: Upon consideration of Plaintiffs 10/9/2018, pleading considered a motion for leave to file a motion for default judgment, it isORDERED that the motion (Doc. #9 ) is DENIED. This matter is presently before the court for screening under 28 U.S.C. 1915(e)(2)(B) and therefore no order has been entered directing service of the complaint on Defendant. Signed by Honorable Judge Wallace Capel, Jr on 10/10/2018. (dmn, )
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| MOTION for Leave to File a Motion for Default Judgment by Darren Lavon Smiley. (dmn, ) (NO PDF, see Doc. #9 for pdf.) |
| Filing 9 Application to Clerk for Entry of Default by Darren Lavon Smiley against Jeannie Gibson. (wcl, ) will not be entered as complaint has not been served. Modified on 10/9/2018 (dph, ). |
| #9 Application and File delivered to Clerk for review. (No pdf attached to this entry) (wcl, ) |
| Filing 8 AMENDMENT TO #1 Inmate 1983 Complaint against Jeannie Gibson, filed by Darren Lavon Smiley. (dmn, ) |
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Filing 7
ORDER: It is ORDERED that Plaintiff's pro se #6 Motion for temporary restraining order is DENIED as further set out in the order. Signed by Chief Judge William Keith Watkins on 9/19/2018. (dmn, )
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| Filing 6 MOTION for Temporary Restraining Order by Darren Lavon Smiley. (dmn, ) |
| Case reassigned to Honorable Judge Wallace Capel, Jr. Honorable Judge Terry F. Moorer no longer assigned to the case as referral judge. (dmn, ) (NO PDF) Modified on 9/12/2018 to remove reference to "presider" and added "referral." (dmn, ) |
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Filing 5
ORDER ON MOTION: Pending before the court is Plaintiffs response to the courts 8/15/2018, order directing payment of an initial partial filing fee in the amount of $5.00. Upon review of Plaintiffs response, considered a request that he be allowed to proceed in this action without prepayment of the initial partial filing fee until such funds became available to him, the court concludes that the motion shall be granted. Plaintiff is advised, however, that this court must, under the provisions of 28 U.S.C. 1915(b)(1), assess and, when funds exist, collect the $350.00 filing fee from monies available to Plaintiff, when the amount in Plaintiffs account exceeds $10.00. The court may not waive or exempt Plaintiff from compliance with the statutory provisions regarding payment of filing fees. Accordingly, it is ORDERED that Plaintiff's 8/27/2018, response, considered a Motion to Proceed Without Payment of the Court-Ordered Initial Partial Filing Fee Until Funds Become Available (Doc. #4 ) is GRANTED. Signed by Honorable Judge Terry F. Moorer on 8/30/2018. (dmn, )
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| MOTION to Proceed Without Payment of the Court-Ordered Initial Partial Filing Fee Until Funds Become Available by Darren Lavon Smiley. (dmn, ) (NO PDF, see Doc. #4 for pdf.) |
| Filing 4 Response to #3 Order Directing Prisoner Payment, by Darren Lavon Smiley. (dmn, ) |
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Filing 3
ORDER ON MOTION directing payment of initial partial filing fee of $5.00 be paid on or before 9/5/2018; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting #2 Motion for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk at Donaldson Correctional Facility. Signed by Honorable Judge Terry F. Moorer on 8/15/2018. (dmn, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Darren Lavon Smiley. (es, ) |
| Filing 1 Inmate 1983 COMPLAINT against Jeannie Gibson, filed by Darren Lavon Smiley.(es, ) |
| DEMAND for Trial by Jury by Darren Lavon Smiley.(No PDF document attached - see docket entry #1 ). (es, ) |
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