McClellan v. Stone (INMATE 1)
| Jeffery Allen McClellan |
| Timothy Stone |
| 2:2020cv00306 |
| May 8, 2020 |
| 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 July 22, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The #5 emergency motion for preliminary injunction filed by the plf be DENIED; 2) This case be referred back to the undersigned Magistrate Judge for further appropriate proceedings; Objections to R&R due by 7/14/2020. Signed by Honorable Judge Charles S. Coody on 6/30/2020. (bes, ) |
| Filing 22 Notice of Compliance with Court Order Regarding Filed Documents Filed Under Seal by Timothy Stone. (bes, ) |
Filing 21
ORDER ON MOTION granting #20 Motion for Clarification, as further set out in order; further ORDERED that the dft is GRANTED an extension from 6/19/2020 to and including 6/27/2020 to provide the plf copies of the dft's response to the motion for preliminary injunction, his special report, affidavit and supplemental affidavit. Signed by Honorable Judge Charles S. Coody on 6/19/2020. (wcl, )
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| Filing 20 MOTION for Clarification re #16 Order, by Timothy Stone. (wcl, ) |
| Filing 19 Response to Order re #16 Order, by Timothy Stone. (Attachments: #1 Exhibit A (FILED UNDER SEAL)) (wcl, ) |
| Mail Returned as Undeliverable; Service package containing #1 Inmate 1983 Complaint and #4 Order sent CMRRR to Dr. Timothy Stone was returned with the following notation, "Return To Sender, Not Deliverable As Addressed, Unable To Forward." (No pdf attached to this entry) (wcl, ) |
| Mail Returned as Undeliverable; Service package containing #6 Order sent CMRRR to Dr. Timothy Stone was returned with the following notation, "Return To Sender, Not Deliverable As Addressed, Unable To Forward." (No pdf attached to this entry) (wcl, ) |
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Filing 18
ORDER ON MOTION: construing #17 Notice as a motion to amend the complaint; ORDER denying #17 Motion to Amend, as further set out in order. Signed by Honorable Judge Charles S. Coody on 6/16/2020. (wcl, )
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| MOTION to Amend #1 Inmate 1983 Complaint by Jeffery Allen McClellan, as construed in the court's #18 Order. (No pdf attached to this entry - See doc #17 for pdf) (wcl, ) |
| Filing 17 NOTICE to the Court (Proof of Retaliation) by Jeffery Allen McClellan. (Attachments: #1 Attachment) (wcl, ) |
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Filing 16
ORDER: it is ORDERED that on or before 6/19/2020 the dft shall file under seal a supplemental affidavit, as further set out in order; further ORDERED that the dft shall have a mental health professional assigned to Bullock Correctional Facility furnish to and review the supplemental affidavit with the plf. Signed by Honorable Judge Charles S. Coody on 6/9/2020. (wcl, )
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Filing 15
ORDER ON MOTIONS: it is ORDERED as follows: 1) The #11 motion for ex parte filing is GRANTED to the extent the dft seeks to file the plf's mental health records ex parte; 2) The #11 motion for ex parte filing is DENIED to the extent the dft seeks to file the instant motions, his response to the plf's #5 motion for preliminary injunction, his special report and affidavit ex parte as the court finds that this case cannot properly proceed unless the plf is provided such documents; 3) The #11 motion to file under seal is GRANTED; In light of the dft's concern for the plf's mental health status upon receipt of his motions, response to the preliminary injunction, special report and affidavit, it is further ORDERED that the dft shall have a mental health professional assigned to Bullock Correctional Facility furnish to and review these documents with the plf. Signed by Honorable Judge Charles S. Coody on 6/9/2020. (wcl, )
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Filing 14
ORDER ON MOTION construing #12 notice as a motion to amend the complaint; ORDER denying #12 Motion to Amend, as further set out in order. Signed by Honorable Judge Charles S. Coody on 6/9/2020. (wcl, )
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| Filing 13 Corporate/Conflict Disclosure Statement by Timothy Stone. (Piggott, Philip) |
| AO FORM 85 mailed to counsel for Timothy Stone. (No pdf attached to this entry) (wcl, ) |
| MOTION to Amend #1 Inmate 1983 Complaint by Jeffery Allen McClellan, as construed in the court's #14 Order. (No pdf attached to this entry - See doc #12 for pdf) (wcl, ) |
| Filing 12 NOTICE to the Court by Jeffery Allen McClellan. (wcl, ) |
| Filing 11 MOTION for Ex Parte Filing and MOTION to File Under Seal by Timothy Stone. (wcl, ) Modified on 6/9/2020 to lift the Ex Parte pursuant to the court's #15 order (wcl, ). |
| Filing 10 RESPONSE in Opposition re #5 MOTION for Emergency Injuction filed by Timothy Stone. (wcl, ) Modified on 6/9/2020 to lift the Ex Parte pursuant to the court's #15 order (wcl, ). |
| Filing 9 Special Report to Inmate 1983 Complaint by Timothy Stone. (Attachments: #1 Exhibit A)(wcl, ) Modified on 6/9/2020 to lift the Ex Parte as to the special report and affidavit pursuant to the court's #15 order (wcl, ). |
| Filing 8 RETURN RECEIPT CARD as to #6 Order signed by illegible on 6/1/2020 for Wexford Health Sources, Inc. (djy, ) |
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Filing 7
ORDERED that: (1) Plaintiff's motion for emergency injunction (doc. no. #5 ) is construed as containing both a motion for a temporary restraining order and a motion for preliminary injunction. (2) The motion for temporary restraining order is denied. The motion for preliminary injunction remains pending for consideration and recommendation by the United States Magistrate Judge. Signed by Honorable Judge Myron H. Thompson on 5/27/2020. (kh, )
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Filing 6
ORDERED that on or before June 16, 2020 the defendant shall file a response to this #5 motion. The defendant is advised that his response should be supported by relevant evidentiary materials, including an affidavit, addressing the plaintiff's request for preliminary injunctive relief. The Clerk is DIRECTED to provide a copy of this order to the defendant and General Counsel for Wexfor Health Sources, Inc. via certified mail. Signed by Honorable Judge Charles S. Coody on 5/26/2020. (kh, )
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| Filing 5 MOTION for Emergency Injunction by Jeffery Allen McClellan. (kh, ). Added MOTION for Temporary Restraining Order on 5/27/2020 construed in the court's #7 order. (kh, ). |
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Filing 4
ORDER TO FILE SPECIAL REPORT AND ANSWER on or before June 24, 2020; copies mailed to plaintiff; mailed by CMRRR with complaint to named defendants Stone, General Counsel for the Alabama Department of Corrections and General Counsel for Wexford Health Sources, Inc. Signed by Honorable Judge Charles S. Coody on 5/14/2020. (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 @ Bullock Correctional Facility. Signed by Honorable Judge Charles S. Coody on 5/14/2020. (furn: acct clerk and cashier)(kh, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Jeffery Allen McClellan. (hrs, ) |
| Filing 1 Inmate 1983 COMPLAINT against Timothy Stone, filed by Jeffery Allen McClellan. (Attachments: #1 Supporting Document)(hrs, ) |
| DEMAND for Trial by Jury by Jeffery Allen McClellan. (NO PDF document attached to this notice-see docket entry #1 ) (hrs, ) Modified on 5/14/2020 to add a proper link docket entry #1 (wcl, ). |
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| Plaintiff: Jeffery Allen McClellan | |
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| Defendant: Timothy Stone | |
| Represented By: | Philip Piggott |
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