Maxwell v. Orr et al (INMATE 2)
| Tracy Roy Maxwell |
| Nurse Orr, Alabama Department of Corrections and Wilcotte Rahming |
| 2:2018cv00757 |
| August 27, 2018 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| Myron H Thompson |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 21
ORDER: it is ORDERED that: 1) On or before 11/14/2018, Plf shall furnish the clerk's office with the correct identity and address of "Nurse Orr", as further set out in order; and 2) Plf is cautioned that if he fails to comply with this order, Dft "Nurse Orr" will not be served, this individual will not be a party to this cause of action, and this case will proceed only against those dfts on whom service is perfected. Signed by Honorable Judge Charles S. Coody on 10/25/2018. (alm, )
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| Filing 20 Response to Order re #19 Order by Wexford Health Sources, Inc.. (Piggott, Philip) |
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Filing 19
ORDER denying #18 Motion for Issuance of Summons; further ORDERED that: 1) On or before 11/13/2018, General Counsel for Wexford Health Sources, Inc., shall advise the Court of whether General Counsel or his or her designee will accept service and provide representation for Nurse Orr; 2) The answer and special report filing deadline set forth in the Court's #10 order of procedure as it relates to Nurse Orr is held in abeyance until further order; DIRECTING the Clerk to provide a copy of this order via certified mail to the General Counsel for Wexford Health Sources, Inc. Signed by Honorable Judge Charles S. Coody on 10/23/2018. (Copy mailed CMRRR to Wexford Health as directed) (alm, )
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| Filing 18 MOTION for Issuance of Summons by Tracy Roy Maxwell. (alm, ) |
| Filing 17 (Notice of Filing) WAIVER OF SERVICE Returned Executed by Wilcotte Rahming. (Attachments: #1 Exhibit A-Waiver of Wilcotte Rahming, MD)(Piggott, Philip) Modified on 10/18/2018 to clarify the docket text (alm, ). |
| Filing 16 Corporate/Conflict Disclosure Statement by Wilcotte Rahming re #15 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Piggott, Philip) Modified on 10/17/2018 to add the link to the #15 Notice (alm, ). |
| Filing 15 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Wilcotte Rahming; Corporate Disclosures due by 10/25/2018. (Attachments: #1 Corporate/Conflict Disclosure Attachment)(alm, ) |
| Filing 14 ANSWER to Complaint by Wilcotte Rahming.(Piggott, Philip) |
| AO FORM 85 mailed to counsel for Wilcotte Rahming. (No pdf attached to this entry) (alm, ) |
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Filing 13
JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: 1) Plf Tracy Maxwell's #9 objections are overruled; 2) The US Magistrate Judge's #6 recommendation is adopted; 3) Plf Maxwell's claims against dft Alabama Department of Corrections Medical Unit are dismissed with prejudice, and said dft is terminated as a party; All claims against all other dfts remain pending; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is not closed, and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 10/11/2018. (Attachments: #1 Civil Appeals Checklist)(alm, )
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| Filing 12 OPINION. Signed by Honorable Judge Myron H. Thompson on 10/11/2018. (alm, ) |
| Filing 11 Return Receipt Card showing service of complaint & order of procedure signed by (illegible) on 10/1/2018 for Wexford Health Sources, Inc. (djy, ) |
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Filing 10
ORDER ON MOTION considering MOTION to Amend supplemental pleadings as a motion to amend #1 Inmate 1983 Complaint; GRANTING #9 MOTION to amend; ORDER TO FILE SPECIAL REPORT and ANSWER on or before 11/15/2018, as further set out in order; copies mailed to plaintiff; mailed with copy of amendment #9 and any and all attachments to defendant Rahming and General Counsel for Wexford Health, Inc.. Signed by Honorable Judge Charles S. Coody on 10/4/18. (djy, )
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| AMENDMENT TO #1 Inmate 1983 COMPLAINT against Nurse Orr, Wilcotte Rahming, filed by Tracy Roy Maxwell (NO PDF document attached to this notice-See Docket entry #9 ).(djy, ) |
| Filing 9 MOTION of OBJECTIONS to #6 Report and Recommendation; MOTION to Amend supplemental pleadings by Tracy Roy Maxwell. (djy, ) |
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Filing 8
ORDER directing that: (1) On or before 10/17/18, Plf shall furnish the clerk's office with the correct address for Defendant Orr. Plf is advised that the court will not continue to monitor this case to ensure that the defendants he wishes to sue have been served. This is Plaintiff's responsibility; and (2) plf is cautioned that if he fails to comply with this order, Def Orr will not be served, Defendant Orr will not be a party to this cause of action, and this case will proceed only against those defs on whom service is perfected. See Rule 4(m), Federal Rules of Civil Procedure. Signed by Honorable Judge Charles S. Coody on 10/3/18. (djy, )
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| MOTION to Amend supplemental pleadings re: #1 Inmate 1983 Complaint by Tracy Roy Maxwell. (NO PDF document attached to this notice-See Docket entry #9 ). (djy, ) |
| Mail Returned as Undeliverable; Service package containing #1 Complaint & #5 Order sent to Nurse Orr was returned with the following notation: "Return to Sender, Refused, Unable to Forward". (No pdf attached to this entry) (alm, ) |
| Filing 7 Return Receipt Card showing service of #1 Complaint & #5 Order signed by S. Harris for Wilcotte Rahming served on 9/28/2018, answer due 11/7/2018. (alm, ) |
| Filing 6 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) Plf's complaint against Dft Alabama Department of Corrections-Medical Unit be DISMISSED with prejudice under 28 USC 1915(e)(2)(B)(i); 2) Dft Alabama Department of Corrections-Medical Unit be DISMISSED as a party to the complaint; and 3) This case regarding the remaining dfts be referred to the undersigned for further proceedings; Objections to R&R due by 10/10/2018. Signed by Honorable Judge Charles S. Coody on 9/26/2018. (alm, ) |
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Filing 5
ORDER TO FILE SPECIAL REPORT AND ANSWER on or before 11/7/2018; copies mailed to plf; mailed by CMRRR with #1 complaint to Dft Orr, Dft Rahming, and Wexford Health Sources, Inc. Signed by Honorable Judge Charles S. Coody on 9/26/2018. (alm, )
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| Filing 4 Initial Partial Filing Fee Received: $ 28.85, receipt number 4602050779. (alm, ) |
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Filing 3
ORDER ON MOTION: ORDER granting #2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; Directing payment of initial partial filing fee of $28.25 be paid on or before 9/20/2018; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plf and account clerk at Childersburg Work Release Center. Signed by Honorable Judge Charles S. Coody on 8/30/2018. (alm, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Tracy Roy Maxwell. (kr, ) |
| Filing 1 Inmate 1983 COMPLAINT against Alabama Department of Corrections, Nurse Orr, Wilcotte Rahming, filed by Tracy Roy Maxwell.(kr, ) |
| DEMAND for Trial by Jury by Tracy Roy Maxwell. (No PDF for this entry-See docket entry #1 ) (kr, ) |
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