Whitt v. McClain et al (INMATE 1)
| Heath Whitt |
| Warden Babers, Lt. Jones, Warden McClain and Patrice Richie |
| 2:2018cv00990 |
| November 26, 2018 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Charles S Coody |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on December 21, 2018. A more recent docket listing may be available from PACER.
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| Filing 13 Return receipt card showing service of #9 Order signed by Kristi Simpson for Gary Wiiliford served 12/19/2018. (dmn, ) |
| Filing 12 Response to Order re #9 Order,,, by Carrie Ellis McCollum. (McCollum, Carrie) |
Filing 11
ORDER AND FINAL JUDGMENT: Plaintiff, a state inmate, filed this 42 U.S.C. 1983 complaint on 11/26/2018. Prior to service of a response to the complaint, Plaintiff filed a motion wherein he requests dismissal of this case. Doc. #10 . The court construes the motion as a Notice of Dismissal pursuant to FRCP 41(a)(1)(A)(i), which permits voluntary dismissal by a plaintiff before the opposing party serves either an answer or a motion for summary judgment[.] Under FRCP 41(a)(1)(B), such dismissal is without prejudice. Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that this case is DISMISSED without prejudice pursuant to Plaintiffs Notice of Dismissal. Doc. #10 .The clerk of the court is DIRECTED to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge W. Harold Albritton, III on 12/12/2018. (Attachments: #1 Civil Appeals Checklist)(dmn, )
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Filing 9
ORDER: In light of the return of service materials addressed to Lt. Jones at the address provide by the plaintiff, it is ORDERED that on or before 12/20/2018 Interim General Counsel for the ADOC shall (i) provide the court with the last known home or employment address they have on record for Lt. Jones, a correctional officer at Bullock Correctional Facility in October of 2018, OR, (ii) advise the Court of whether Interim General Counsel or his designee will accept service and provide representation for this defendant. The Clerk is DIRECTED to provide a copy of this order via certified mail to Interim General Counsel for the ADOC. The records of this court indicate that Gary Williford serves as the Interim General Counsel for the ADOC. Signed by Honorable Judge Charles S. Coody on 12/11/2018. Copy mailed to Interim General Counsel of ADOC as directed.(dmn, )
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| Mail Returned as Undeliverable. #4 Order mailed to Lt. Jones returned by USPS with the following notation, "There is no employee at Bullock Correctional Facility by the addressed name on the envelope." (dmn, ) (NO PDF) |
| Filing 10 MOTION to Dismiss by Heath Whitt. (dmn, ) |
| NOTICE of Dismissal pursuant to FRCP 41(a)(1)(B) by Heath Whitt. (dmn, ) (NO PDF, see Doc. #10 for pdf.) |
| Filing 8 Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Olivia Hicks for Patrice Richie served on 11/30/2018, answer due 1/4/2019. (dmn, ) |
| Filing 7 Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Olivia Hicks for Warden McClain served on 11/30/2018, answer due 1/4/2019. (dmn, ) |
| Filing 6 Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Olivia Hicks for Lt. Jones served on 11/30/2018, answer due 1/4/2019. (dmn, ) |
| Filing 5 Return Receipt Card showing service of #1 Inmate 1983 complaint and #4 Order signed by Olivia Hicks for Warden Babers served on 11/30/2018, answer due 1/4/2019. (dmn, ) |
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Filing 4
ORDER TO FILE SPECIAL REPORT on or before 1/14/2019; copies mailed to plaintiff; mailed by CMRRR with complaint to the defendants and General Counsel for the Alabama Department of Corrections. Signed by Honorable Judge Charles S. Coody on 11/28/2018. (dmn, )
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Filing 3
ORDER ON MOTION 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 the Bullock Correctional Facility. Signed by Honorable Judge Charles S. Coody on 11/28/2018. (dmn, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Heath Whitt. (es, ) |
| Filing 1 Inmate 1983 COMPLAINT against Warden Babers, Lt. Jones, Warden McClain, Patrice Richie, filed by Heath Whitt.(es, ) |
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