Johnson v. Ivey et al (INMATE 2)
| Jimmie Johnson |
| Gwendolyn Givens, Kay Ivey and Jefferson S. Dunn |
| 2:2019cv00519 |
| July 22, 2019 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| Myron H Thompson |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 8
ORDERED that on or before September 10, 2019 the plaintiff shall file an amended complaint which: 1. Contains claims which relate to actions or conditions at Ventress which he believes violated his constitutional rights and have occurred at Ventress since July 19, 2017 that are closely related to each other, i.e., arising out of the same incident or facts. Claims concerning defendants located at different state correctional facilities or which are unrelated in time and place must be brought in separate civil actions filed in the district where the facility is located. 2. Does not present claims on behalf of other inmates. If other inmates seek to file challenges to their conditions of confinement, they may do so by each on filing a separate 42 U.S.C. 1983 action. 3. Names those individuals personally responsible for the conditions/actions which he believes violated his constitutional rights. 4. Specifically describes how each defendant named in the amended complaint acted in a manner that deprived the plaintiff of his constitutional rights. That is, for each individual the plaintiff names as a defendant, he must provide facts to show that particular individual's participation or involvement in his claim. 5. Presents a short and plain statement of the claim showing why the plaintiff is entitled to relief which "give[s] the defendant fair notice of what the... claim is and the grounds upon which it rests." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (internal quotations omitted); Rule 8(a)(2), Federal Rules of Civil Procedure; see Fullman v. Graddick, 739 F.2d 553, 556-57 (11th Cir. 1984) (finding vague and conclusory claims are subject to dismissal). 6. Includes only those facts which allow the court to identify the specific claims being made against each named defendant. Superfluous and irrelevant facts should be omitted from the amended complaint. See Rule 8(a), Federal Rules of Civil Procedure. To aid the plaintiff in filing a response to this order, the Clerk is DIRECTED to provide him with a copy of the form used by prisoners to file 1983 complaints, and the plaintiff shall use this form in filing his amended complaint. Signed by Honorable Judge Charles S. Coody on 8/27/2019. (kh, )
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Filing 7
ORDER granting 5 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. ; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and account clerk @ Ventress Correctional Facility. Signed by Honorable Judge Charles S. Coody on 8/27/2019. (furn: acct clerk, cashier)(kh, )
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| Filing 6 Return Receipt Card showing service of #1 Complaint and #3 Order signed by E. Howard for Current Warden of the Ventress Correctional Facility served on 8/13/2019. (kh, ) |
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Filing 4
ORDERED that on or before August 14, 2019, Plaintiff shall file the appropriate affidavit in support of a motion for leave to proceed in forma pauperis. To aid Plaintiff in complying with this order, the CLERK is DIRECTED to furnish him with a copy of the form affidavit used by persons seeking to proceed in forma pauperis before this court. Plaintiff is cautioned that if he fails to comply with this order the Magistrate Judge will recommend this case be dismissed. Signed by Honorable Judge Charles S. Coody on 7/31/2019. (kh, )
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Filing 3
ORDER: For good cause, the Clerk is DIRECTED to provide a copy of the complaint via certified mail to the current warden of the Ventress Correctional Facility for the sole purpose of him/her reviewing the statement set forth by Plaintiff regarding the measure he alleges he has undertaken to protect himself. Doc. #1 at 5. Signed by Honorable Judge Charles S. Coody on 7/31/2019. (kh, )
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| Filing 2 Prisoner Trust Fund Account Statement by Jimmie Johnson. (es, ) |
| Filing 1 Inmate 1983 COMPLAINT against Jefferson S. Dunn, Gwendolyn Givens, Kay Ivey, filed by Jimmie Johnson.(es, ) |
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