Howard v. Dunn et al (INMATE 1)
| Brandon Howard |
| Alabama Department of Corrections, Elmore Correctional Facility, Captain Lucky, Warden Baldwin, Captain Floyd, John Crow, Captain McKee and Jefferson S. Dunn |
| 2:2019cv00639 |
| September 4, 2019 |
| US District Court for the Middle District of Alabama |
| Wallace Capel |
| Emily C Marks |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 13 Return Receipt Card showing service of #10 Amended Complaint and #11 Order signed by Barbara Baldwin for Jefferson S. Dunn served on 10/15/2019, answer due 11/12/2019. (kh, ) |
| Filing 12 Return Receipt Card showing service of #10 Amended Complaint and #11 Order signed by Jackie C. for Warden Baldwin served on 10/11/2019, answer due 11/12/2019; John Crow served on 10/11/2019, answer due 11/12/2019; Captain Floyd served on 10/11/2019, answer due 11/12/2019; Captain Lucky served on 10/11/2019, answer due 11/12/2019; Captain McKee served on 10/11/2019, answer due 11/12/2019. (kh, ) |
Filing 11
ORDER TO FILE SPECIAL REPORT AND ANSWER on or before November 12, 2019; copies mailed to plaintiff; mailed by CMRRR with #10 amended complaint to named defendants and General Counsel for the Alabama Department of Corrections. Signed by Honorable Judge Wallace Capel, Jr on 10/8/2019. (kh, )
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| Filing 10 Amended Inmate 1983 COMPLAINT against Warden Baldwin, John Crow, Jefferson S. Dunn, Captain Floyd, Captain Lucky, Captain McKee, filed by Brandon Howard.(kh, ) |
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Filing 9
ORDERED that the #8 motion for appointment of counsel be and is hereby DENIED. Signed by Honorable Judge Wallace Capel, Jr on 9/25/2019. (kh, )
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| Filing 8 MOTION For Appointment of Counsel by Brandon Howard. (kh, ) |
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Filing 7
ORDERED that on or before October 7, 2019 the plaintiff shall file an amended complaint that: 1. Contains claims which relate to actions or conditions at Elmore which he contends violated his constitutional rights that are closely related to each other, i.e., arising out of the same incident or facts. The plaintiff should not again reference those claims identified in this order as not implicating the protections of the Constitution. Moreover, claims may not be presented on behalf of other inmates. If other inmates seek to file challenges to their conditions of confinement or actions taken against them, they may do so by each filing a separate 42 U.S.C. 1983 action. 2. Names those individuals personally responsible for the conditions/actions which he alleges violated his constitutional rights. 3. 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. 4. 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). 5. 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 as directed by this order. The court will consider only those claims set forth in the amended complaint and the defendants named in the amended complaint. Signed by Honorable Judge Wallace Capel, Jr on 9/20/2019. (kh, )
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| Filing 6 Amended Inmate 1983 COMPLAINT against Jefferson S. Dunn, John Crow, Warden Baldwin, Captain Floyd, Captain Lucky, Captain McKee, filed by Brandon Howard. (Attachments: #1 Supporting Documents)(kh, ) |
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Filing 5
ORDER DIRECTING that directive number 2 on page 3 of the 9/9/2019 #4 order be and is hereby corrected to direct that the plaintiff shall file an amended complaint which "Names as defendants those individuals he contends are personally responsible for the alleged unconstitutional conditions to which he is subjected at the Elmore Correctional Facility." Signed by Honorable Judge Wallace Capel, Jr on 9/17/2019. (am, )
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Filing 4
ORDERED that on or before September 26, 2019 the plaintiff shall file an amended complaint that: 1. Alleges how his constitutional rights have been violated. 2. Names as defendants those individuals he contends are personally responsible for the alleged unconstitutional conditions to which he is subjected at the Kilby Correctional Facility. 3. Specifically describes how each defendant listed in the amended complaint acted in a manner that deprived him of his constitutional rights. The plaintiff is advised that this case will proceed only against the defendants named and claims presented in the amended complaint. The amended complaint will therefore supersede the original complaint. 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 complaints and the plaintiff shall utilize this form in filing his amended complaint. Signed by Honorable Judge Wallace Capel, Jr on 9/9/2019. (kh, )
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Filing 3
ORDER granting #2 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 @ Elmore Correctional Facility. Signed by Honorable Judge Wallace Capel, Jr on 9/9/2019. (furn: acct clerk and cashier)(kh, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Brandon Howard. (Attachments: #1 Transaction Reports, #2 Affidavit)(es, ). |
| Filing 1 Inmate 1983 COMPLAINT against Alabama Department of Corrections, Elmore Correctional Facility, filed by Brandon Howard. (Attachments: #1 Attachment)(es, ) |
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