Wells v. Montgomery County Jail et al
Plaintiff: Dedrick Lashon Wells
Defendant: Montgomery County Jail, Derrick Cunningham and Ladarrian Bennett
Case Number: 2:2019cv00590
Filed: August 15, 2019
Court: US District Court for the Middle District of Alabama
Presiding Judge: Susan Russ Walker
Referring Judge: William Keith Watkins
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 8, 2019 Opinion or Order Filing 63 TEXT ORDER granting #62 Unopposed Motion for Extension of Time. Signed by Honorable Judge William Keith Watkins on 10/8/2019. (No PDF attached to this entry)(amf, )
October 7, 2019 Filing 62 (Plaintiff's Unopposed Motion for Extension of Time) MOTION for Extension of Deadline re #61 Order, by Dedrick Lashon Wells. (Mujumdar, Anil) Modified on 10/7/2019 clarify text (cnw, ).
September 17, 2019 Opinion or Order Filing 61 BRIEFING ORDER it is ORDERED that the #54 motion be submitted without oral argument on 10/15/2019; further setting out other briefing requirements, as further set out in order. Signed by Honorable Judge William Keith Watkins on 9/17/2019. (cnw, )
September 11, 2019 Filing 60 WAIVER OF SERVICE Returned Executed by Dedrick Lashon Wells. Ladarrian Bennett waiver sent on 8/26/2019, answer due 10/25/2019. (Mujumdar, Anil)
September 10, 2019 Opinion or Order Filing 59 ORDER APPOINTING COUNSEL FOR PLAINTIFF: it is ORDERED that: 1) Anil Ashok Mujumdar is APPOINTED to represent Plaintiff in this action. 2) This case henceforth proceed in the same manner as a regular civil rights action. Signed by Honorable Judge Susan Russ Walker on 9/10/2019. (cnw, )
August 27, 2019 AO FORM 85 mailed to counsel for Derrick Cunningham, Montgomery County Jail. (No pdf attached to this entry) (cnw, )
August 26, 2019 ***Pursuant to the #58 Corporate/Conflict Disclosure Statement - Attorney Thomas T. Gallion, III for Montgomery County Jail added. (No pdf attached to this entry) (cnw, )
August 26, 2019 Filing 58 Corporate/Conflict Disclosure Statement by Montgomery County Jail. (Walker, Constance)
August 15, 2019 ***Pursuant to the #30 Notice of Appearance - Attorney Thomas T. Gallion, III for Derrick Cunningham added. (No pdf attached to this entry) (cnw, )
August 15, 2019 Filing 57 Case transferred in from Northern District of Alabama; Case Number 7:19-cv-00841-RDP. Original file, certified copy of transfer order and certified docket sheet received ELECTRONICALLY via EMAIL from the Clerk. (cnw, )
July 29, 2019 Opinion or Order Filing 56 ORDER, entered by ALND, this matter is before the court on the Motion to Transfer Venue #53 filed by defendants Montgomery County Jail and Sheriff Derrick Cunningham; the motion is GRANTED and this action is TRANSFERRED to the District of Middle Alabama; original electronic record will be e-mailed to Clerk of Court 10 business days from this date. Signed by Judge R David Proctor on 7/29/2019. (cnw, )
June 26, 2019 Filing 55 BRIEF in Support re #54 MOTION to Dismiss Second Amended Complaint filed in ALND, by Derrick Cunningham, Montgomery County Jail. (Walker, Constance) (cnw, )
June 26, 2019 Filing 54 MOTION to Dismiss for Lack of Prosecution Second Amended Complaint, MOTION to Dismiss, filed in ALND, by Derrick Cunningham, Montgomery County Jail. (Walker, Constance) (cnw, )
June 18, 2019 Filing 53 Motion To Transfer Case to the Middle District of Alabama, filed in ALND, by Derrick Cunningham, Montgomery County Jail Motion to Transfer (Walker, Constance) Modified on 6/18/2019 (cnw, )
June 10, 2019 Opinion or Order Filing 52 ORDER, entered in ALND, this matter is before the court on Pla's Second Amended Complaint; Defendants Lynn T. Beshear, Dr. Angela Morse, Dr. Lorna Bland, Dr. Marie Glenn, Dr. Sanja Singh, Keith Houston, the State of Alabama, the City of Montgomery, Alabama, Mental Health, Dr. Purnee and Doctor Cooper are DISMISSED without prejudice from this action; this action will proceed solely against the Defendants named in the Second Amended Complaint; Administratively terminating motions #37 , #45 , and #48 , filed by the defendants as moot. Signed by Judge R David Proctor on 6/10/2019. (cnw, )
June 10, 2019 Filing 51 Second AMENDED COMPLAINT against Derrick Cunningham, Montgomery County Jail, filed in ALND, by Dedrick Lashon Wells. (Mujumdar, Anil)(cnw, )
May 31, 2019 Opinion or Order Filing 50 TEXT ORDER, entered by ALND, The court has before it the informal request for an extension of time for filing a Second Amended Complaint in this action. The informal request is GRANTED. On or before June 10, 2019, Plaintiff SHALL file a Second Amended Complaint as explained in the order #49 of May 2, 2019. Signed by Judge R David Proctor on 5/31/2019. (cnw, )
May 2, 2019 Opinion or Order Filing 49 ORDER granting in part #27 Motion to Appoint Counsel; granting in part #42 Motion to Appoint Counsel ; granting in part #43 Motion to Amend; The court APPOINTS Anil A. Mujumdar for the sole purpose of (1) aiding in the drafting of a complaint which satisfies the Federal Rules of Civil Procedure and (2) service of process upon Defendants; a second amended complaint SHALL be filed by Plaintiff on or before May 31, 2019. The second amended complaint SHALL be signed by Plaintiff, NOT by Mr. Mujumdar, and Mr. Mujumdar shall in no event be responsible for the veracity of the factual allegations contained in the pleading, under Federal Rule of Civil Procedure 11 or otherwise. Signed by Judge R David Proctor on 5/2/2019. (cnw, )
April 12, 2019 Filing 48 MOTION to Dismiss, filed in ALND, by Lynn T Beshear, Lorna Bland, Marie Glenn, Angela Morse. (Jones, Nancy) (cnw, )
March 22, 2019 Opinion or Order Filing 47 ORDER, entered by ALND, deadline for Defendants to file further responsive pleadings in this case is EXTENDED until April 12, 2019. Signed by Judge R David Proctor on 3/22/2019. (cnw, )
March 18, 2019 Filing 46 Brief re #45 MOTION to Dismiss, filed in ALND, by Sanja Singh. (cnw, )
March 18, 2019 Filing 45 MOTION to Dismiss, filed in ALND, by Sanja Singh. (Adams, Allison). (cnw, )
March 11, 2019 Opinion or Order Filing 44 ORDER, entered by ALND, The deadline for Defendants to file further responsive pleadings is EXTENDED until 3/25/2019. Signed by Judge R David Proctor on 3/11/2019. (cnw, )
March 7, 2019 Filing 43 MOTION to Amend/Correct #23 Amended Complaint, filed in ALND, by Dedrick Lashon Wells. (cnw, )
March 6, 2019 Filing 42 MOTION to Appoint Counsel, MOTION for Hearing, filed in ALND, by Dedrick Lashon Wells. (cnw, )
March 5, 2019 Opinion or Order Filing 41 ORDER, entered by ALND, granting #40 Motion for Extension of Time; The deadline to file a responsive pleading is EXTENDED until March 18, 2019. Signed by Judge R David Proctor on 3/5/2019. (cnw, )
March 4, 2019 Filing 40 MOTION for Extension of Time, filed in ALND, by Lynn T Beshear, Lorna Bland, Marie Glenn, Angela Morse, Sanja Singh. (Jones, Nancy) (cnw, )
February 27, 2019 Filing 39 NOTICE of filing correct address for Defendant Houston, filed in ALND, by Dedrick Lashon Wells. (cnw, )
February 25, 2019 Filing 38 Brief re #37 MOTION to Dismiss Amended Complaint, filed in ALND, by Derrick Cunningham, Montgomery, Alabama. (Walker, Constance) (cnw, )
February 25, 2019 Filing 37 MOTION to Dismiss Amended Complaint, filed in ALND, by Derrick Cunningham, Montgomery, Alabama. (Walker, Constance) (cnw, )
February 20, 2019 Filing 36 Summons Returned Unexecuted, filed in ALND, by Dedrick Lashon Wells as to Keith Houston(marked not at this address). (cnw, )
February 19, 2019 Filing 35 ***Document Sealed** Notice of filing medical records, filed in ALND, by plaintiff Dedrick Wells. (cnw, )
February 15, 2019 Filing 34 NOTICE of filing: legal documents, filed in ALND, by Dedrick Lashon Wells. (cnw, )
February 15, 2019 Filing 33 NOTICE of filing: letter to the court, filed in ALND, by Dedrick Lashon Wells. (cnw, )
February 14, 2019 Filing 32 Corporate/Conflict Disclosure Statement, filed in ALND, by Derrick Cunningham. (cnw, )
February 14, 2019 Filing 31 Corporate Disclosure Statement by Montgomery, Alabama, filed in ALND, by Montgomery, Alabama (Walker, Constance) (cnw, )
February 14, 2019 Filing 30 NOTICE of Appearance, filed in ALND, by Constance C Walker on behalf of Derrick Cunningham, Montgomery, Alabama (Walker, Constance) (cnw, )
February 11, 2019 Filing 29 SUMMONS Returned Executed, filed in ALND, by Dedrick Lashon Wells. Lorna Blandserved on 2/11/2019, answer due 3/4/2019; Marie Glenn served on 2/11/2019, answer due 3/4/2019; Sanja Singh served on 2/11/2019, answer due 3/4/2019. (all green cards signed, not dated) (cnw, )
February 11, 2019 Filing 28 SUMMONS Returned Executed, filed in ALND, by Dedrick Lashon Wells. Lynn T Beshear served on 2/6/2019, answer due 2/27/2019; Derrick Cunningham served on 2/1/2019, answer due 2/22/2019; Keith Houston served on 2/11/2019 (signed, not dated), answer due 3/4/2019; Angela Morse served on 2/11/2019 (signed, not dated), answer due 3/4/2019. (cnw, )
January 24, 2019 Filing 27 MOTION to Appoint Counsel, filed in ALND, by Dedrick Lashon Wells. (cnw, )
January 23, 2019 Filing 26 Summons Issued, by ALND, as to Lynn T Beshear, Lorna Bland, Derrick Cunningham, Marie Glenn, Montgomery, Alabama, Angela Morse, Sanja Singh, Keith Houston. delivered to USM. (cnw, )
January 3, 2019 Opinion or Order Filing 25 ORDER, entered by ALND, directing USM to serve defendants named in the amended complaint. Signed by Judge R David Proctor on 1/6/2019. (cnw, )
January 2, 2019 Filing 24 NOTICE - Request to make a ruling, filed in ALND, by Dedrick Lashon Wells. (cnw, )
December 13, 2018 Filing 23 AMENDED Inmate 1983 COMPLAINT against Montgomery County Jail, Montgomery, Alabama, Derrick Cunningham, Lynn T Beshear, Angela Morse, Lorna Bland, Marie Glenn, Sanja Singh, filed in ALND, by Dedrick Lashon Wells.(cnw, )
December 13, 2018 Opinion or Order Filing 22 ORDER TO SHOW CAUSE, entered in ALND, plaintiff has not filed his amended complaint as directed in Order #21 ; plaintiff shall show cause why this case should not be dismissed for failure to comply; Show Cause Response due by 12/27/2018. Signed by Judge R David Proctor on 12/13/2018.(cnw, )
November 20, 2018 Opinion or Order Filing 21 ORDER, entered by ALND, withdrawing the referral to Magistrate Judge Johnson; Motion to amend #13 and Motion to amend #15 are granted; Plaintiff shall file a new Amended complaint by 12/7/2018. Signed by Judge R David Proctor on 11/20/2018. (cnw, )
November 15, 2018 Opinion or Order Filing 20 ORDER, entered by ALND, the court having determined that the plaintiff is a civil detainee at the Taylor Hardin Secure Medical Facility in Tuscaloosa, the full payment requirement of the PLRA does not apply, the portion of the 10/19/2018 order requiring a initial partial filing is withdrawn. Signed by Magistrate Judge Herman N Johnson, Jr on 11/15/2018. (cnw, )
October 31, 2018 Filing 19 RESPONSE Prisoner Consent Form, filed in ALND, filed by Dedrick Lashon Wells. (cnw, )
October 19, 2018 Opinion or Order Filing 18 ORDER, entered by ALND, GRANTING #16 MOTION for Leave to Proceed In Forma Pauperis. Plaintiff is hereby ORDERED to pay an Initial Partial Filing Fee of $3.50 in order to commence this action, plaintiff is also required to sign and return the attached Prisoner Consent Form within thirty (30) days from the entry date of this Order or the complaint will be dismissed without further notice. Signed by Judge R David Proctor on 10/19/2018. (cnw, )
October 19, 2018 Opinion or Order Filing 17 ORDER, entered by ALND, GRANTING #11 MOTION for Reconsideration. The Clerk is instructed to REOPEN this case. Signed by Judge R David Proctor on 10/19/2018. (cnw, )
October 15, 2018 Filing 16 MOTION for Leave to Proceed in forma pauperis, filed in ALND, by Dedrick Lashon Wells. (cnw, )
October 15, 2018 Filing 15 MOTION to Amend Complaint, filed in ALND, by Dedrick Lashon Wells. (cnw, )
September 20, 2018 Opinion or Order Filing 14 ORDER, entered by ALND, The plaintiff must file a new application to proceed in forma pauperis, within thirty (30) days of the entry date of this Order, which includes a certified copy of his prisoner account, OR a sworn statement by the plaintiff that the prison refuses to certify his account. Should the prison refuse to certify his account, the plaintiff must set forth who he asked, the date he asked, and the answer he received. Signed by Magistrate JudgeHerman N Johnson, Jr on 9/20/2018. (cnw, )
September 18, 2018 Filing 13 MOTION to Amend complaint, filed in ALND, by Dedrick Lashon Wells. (cnw, )
September 18, 2018 Filing 12 Prisoner Account Statement, filed in ALND, by Dedrick Lashon Wells. filed by Dedrick Lashon Wells. (cnw, )
September 18, 2018 Filing 11 MOTION for Reconsideration re #10 Order Dismissing Case, filed in ALND, by Dedrick Lashon Wells. (cnw, )
September 5, 2018 Opinion or Order Filing 10 ORDER DISMISSING CASE, entered in ALND, without prejudice due to plaintiff's failure to prosecute. Signed by Judge R David Proctor on 9/5/2018. (cnw, )
July 24, 2018 Opinion or Order Filing 9 ORDER NOTICE OF DEFICIENT PLEADING, entered by ALND - plaintiff must file a new verified application to proceed ifp within 30 days. Signed by Magistrate Judge Herman N Johnson, Jr on 7/24/2018. (cnw, )
July 23, 2018 Filing 8 MOTION for Leave to Proceed in forma pauperis, filed in ALND, by Dedrick LashonWells. (cnw, )
July 17, 2018 Filing 7 NOTICE of filing, entered by ALND: letter requesting IFP by Dedrick Lashon Wells. (cnw, )
June 4, 2018 Opinion or Order Filing 6 ORDER, entered by ALND - Notice of Deficient Pleading - plaintiff must file a verified application to proceed ifp within 30 days. Signed by Magistrate Judge Herman N Johnson, Jr on 6/4/2018. (cnw, )
June 1, 2018 Filing 5 Case transferred in from District of Alabama Middle; Case Number 2:18-cv-00443. Original file certified copy of transfer order and docket sheet received. (cnw, )
May 31, 2018 Case transferred to Northern District of Alabama. Electronically transferred via CM/ECF transfer to Clerk.(dmn, ) [Transferred from Alabama Middle on 6/1/2018.] (cnw, )
May 31, 2018 Opinion or Order Filing 4 ORDER: On May 7, 2018, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. #3 ) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation is ADOPTED and that this action is TRANSFERRED to the United States District Court for the Northern District of Alabama pursuant to 28 U.S.C. 1404. The Clerk of the Court is DIRECTED to close this case. Signed by Chief Judge William Keith Watkins on 5/31/2018. (Attachments: #1 Civil Appeals Checklist) [Transferred from Alabama Middle on 6/1/2018.](cnw, )
May 31, 2018 NO OBJECTIONS filed to #3 Recommendation of the Magistrate Judge. (dmn, ) (NO PDF) [Transferred from Alabama Middle on 6/1/2018.]. (cnw, )
May 7, 2018 Filing 3 RECOMMENDATION OF THE MAGISTRATE JUDGE that this case be TRANSFERRED to the United States District Court for the Northern District of Alabama pursuant to the provisions of 28 U.S.C. 1404. Objections to R&R due by 5/21/2018. Signed by Honorable Judge Wallace Capel, Jr on 5/7/2018. (dmn, ) [Transferred from Alabama Middle on 6/1/2018.]. (cnw, )
April 30, 2018 Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Dedrick Lashon Wells. (beh, ) [Transferred from Alabama Middle on 6/1/2018.]. (cnw, )
April 30, 2018 Filing 1 Inmate 1983 COMPLAINT against Doctor Anglea, Doctor Blend, Doctor Cooper, Doctor Glenn, Mental Health, Montgomery County Jail, Montgomery, Alabama, Doctor Purnee, Doctor Sing, State of Alabama, filed by Dedrick Lashon Wells.(beh,) [Transferred from Alabama Middle on 6/1/2018.] (cnw, ) (Entered: 08/20/2019)

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Defendant: Montgomery County Jail
Represented By: Thomas T. Gallion, III
Represented By: Constance Caldwell Walker
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Defendant: Derrick Cunningham
Represented By: Thomas T. Gallion, III
Represented By: Constance Caldwell Walker
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Defendant: Ladarrian Bennett
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Plaintiff: Dedrick Lashon Wells
Represented By: Anil Ashok Mujumdar
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