Davis v. Drake et al (INMATE 1)
Plaintiff: Samuel Davis
Defendant: Mrs. McMullen, Officer Drake, Dr. Wilson, Ms. Driggers, Walter Miles and Ms. McMullum
Case Number: 2:2020cv00400
Filed: June 12, 2020
Court: US District Court for the Middle District of Alabama
Presiding Judge: Charles S Coody
Referring Judge: R Austin Huffaker
Nature of Suit: Habeas Corpus (Prison Condition)
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2020 Opinion or Order Filing 21 Return Receipt Card showing service of #9 Order, signed by Kristi Simpson for GC for ALDOC, served on 8/3/2020. (cwl, )
August 7, 2020 Opinion or Order Filing 20 ORDER TO SHOW CAUSE: it is ORDERED that on or before 8/24/2020 the plf shall show cause why: (i) Walter Myers should not be substituted as a def for Warden Miles, and (ii) Linda Drake should not be substituted as a def for Officer Drake so that these defs will be identified by their true names, as further set out in order. Signed by Honorable Judge Charles S. Coody on 8/7/2020. (cwl, )
August 7, 2020 Opinion or Order Filing 19 ORDER: the Clerk is DIRECTED to attempt service of the complaint (Doc. #1 ) and order of procedure (Doc. #5 ) on Warden Miles, a.k.a., Walter Myers, and Officer Linda Drake at the addresses provided by General Counsel for the ALDOC on 8/6/2020 (Doc. #17 ). It is ORDERED that the aforementioned defs shall file a written report and answer to the complaint within forty days of service thereof. It is further ORDERED that: 1) On or before 8/27/2020, General Counsel for the ALDOC shall contact defs Miles (Myers) and Drake and advise them of any potential legal representation available based on their employment with the ALDOC at the time of the actions relevant to the complaint. 2) On or before 9/10/2020, General Counsel for the ALDOC shall file a response with the court advising of any communication with these defs as to the matter of legal representation. The Clerk is DIRECTED to provide a copy of this order via certified mail to General Counsel for the ALDOC. Signed by Honorable Judge Charles S. Coody on 8/7/2020. (mailed CMRRR to ALDOC and named defs)(cwl, )
August 7, 2020 Opinion or Order Filing 18 Return Receipt Card showing service of #14 Order, signed by P. Z. for Wexford Health Sources, Inc, served on 8/4/2020. (cwl, )
August 6, 2020 Opinion or Order Filing 17 Response to Order re #14 Order, #16 Order, by Carrie Ellis McCollum. (cwl, )
August 6, 2020 Opinion or Order Filing 16 ORDER ON MOTION: it is ORDERED that this #15 motion to file the home addresses of defs Miles and Drake under seal is GRANTED. Upon receipt of the addresses for defs Miles and Drake the Clerk is DIRECTED to place such addresses under seal. Signed by Honorable Judge Charles S. Coody on 8/6/2020. (cwl, )
August 5, 2020 Opinion or Order Filing 15 MOTION to Seal Motion to File Address Under Seal by Carrie Ellis McCollum. (McCollum, Carrie)
July 29, 2020 Opinion or Order Filing 14 ORDER: it is ORDERED that on or before 8/11/2020 Counsel for Wexford Health Sources, Inc., shall (i) provide the court with the last known home or employment address Wexford has for Dr. Wilson, identified by the plf as a physician employed by Wexford at the Easterling Correctional Facility in December of 2019, OR (ii) advise the Court of whether Counsel or his designee will accept service and provide representation for Dr. Wilson. The Clerk is DIRECTED to provide a copy of this order via certified mail to Counsel for Wexford Health Sources, Inc. Signed by Honorable Judge Charles S. Coody on 7/29/2020. (mailed CMRRR to GC for WHS as directed) (cwl, )
July 29, 2020 Opinion or Order Filing 13 Return Receipt Card showing service of #1 Complaint & #5 Order signed by Destiny Lovejoy for Ms. McMullum served on 7/27/2020, answer due 8/24/2020. (cwl, )
July 29, 2020 Opinion or Order Mail Returned as Undeliverable; #1 Complaint & #5 Order sent to Dr. Wilson @ Easterling CF was returned with the following notation, "Return to sender, not deliverable as addressed, unable to forward." (No pdf attached to this entry) (cwl, )
July 28, 2020 Opinion or Order Filing 12 ORDER ON MOTION: it is ORDERED that the #11 motion to amend now before the court is DENIED, as further set out in order. Signed by Honorable Judge Charles S. Coody on 7/28/2020. (cwl, )
July 28, 2020 Opinion or Order Filing 11 MOTION to Amend #1 Inmate 1983 Complaint by Samuel Davis. (cwl, )
July 27, 2020 Opinion or Order Filing 10 Return Receipt Card showing service of #1 Inmate 1983 Complaint & #5 Order signed by Sharon B. for Ms. Driggers served on 7/24/2020, answer due 8/24/2020. (cwl, )
July 24, 2020 Opinion or Order Filing 9 ORDER: it is ORDERED that on or before 8/6/2020 General Counsel for the ALDOC shall (i) provide the court with the last known home or employment address the ADOC has on record for Warden Miles, identified by the plf as a warden at the Easterling Correctional Facility in December of 2019, and Officer Drake, a female correctional officer at Easterling at such time, OR (ii) advise the Court of whether General Counsel or her designee will accept service and provide representation for these defs. The Clerk is DIRECTED to provide a copy of this order via certified mail to General Counsel for the ALDOC. Signed by Honorable Judge Charles S. Coody on 7/24/2020. (mailed CMRRR as directed) (cwl, )
July 24, 2020 Opinion or Order #1 Inmate 1983 Complaint & #5 Order mailed CMRRR to Ms. McMullum. (No pdf attached to this entry) (cwl, )
July 23, 2020 Opinion or Order Mail Returned as Undeliverable, #1 Complaint & #5 Order sent to Walter Miles were returned with the following notation, "Return to sender, not deliverable as addressed, unable to forward." (No pdf attached to this entry) (cwl, )
July 23, 2020 Opinion or Order Mail Returned as Undeliverable, #1 Complaint & #5 Order sent to Officer Drake were returned with the following notation, "Return to sender, not deliverable as addressed, unable to forward." (No pdf attached to this entry) (cwl, )
July 23, 2020 Opinion or Order Mail Returned as Undeliverable, #1 Complaint & #5 Order sent to Mrs. McMullen were returned with the following notation, "Return to sender, vacate, unable to forward". (No pdf attached to this entry) (cwl, )
July 21, 2020 Opinion or Order Filing 8 ORDER ON MOTION: it is ORDERED that this #7 motion to amend is DENIED, as further set out in order. Signed by Honorable Judge Charles S. Coody on 7/21/2020. (cwl, )
July 21, 2020 Opinion or Order Filing 7 MOTION to Amend #1 Inmate 1983 Complaint by Samuel Davis. (cwl, )
July 17, 2020 Opinion or Order Filing 6 Return Receipt Card showing service of #1 Complaint and #5 Order signed by Sharon Blakey for Dr. Wilson served on 7/16/2020, answer due 8/24/2020. (kh, )
July 14, 2020 Opinion or Order Filing 5 ORDER TO FILE SPECIAL REPORT on or before 8/24/2020; DIRECTING the Clerk to (i) furnish a copy of this order to the plf (ii) provide a copy of this order and the complaint to General Counsel for the ALDOC and Counsel for Wexford Health Sources, Inc., and (iii) serve a copy of this order and the complaint on the defs via certified mail. Signed by Honorable Judge Charles S. Coody on 7/14/2020. (cwl, )
July 13, 2020 Opinion or Order Filing 4 Initial Partial Filing fee received: $ 17.85, receipt number 4602058538. (cwl, )
June 16, 2020 Opinion or Order Filing 3 ORDER ON MOTION: granting #2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; directing payment of initial partial filing fee of $17.83 be paid on or before 7/2/2020; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and account clerk at the Easterling Correctional Facility. Signed by Honorable Judge Charles S. Coody on 6/16/2020. (furn: cashier) (cwl, )
June 12, 2020 Opinion or Order Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Samuel Davis. (imm, )
June 12, 2020 Opinion or Order Filing 1 Inmate 1983 COMPLAINT against Officer Drake, Ms. Driggers, Mrs. McMullen, Walter Miles, Dr. Wilson, filed by Samuel Davis. (Attachments: #1 Supporting Documents)(imm, ) (Main Document 1 replaced on 6/16/2020) (cwl, ).
June 12, 2020 Opinion or Order DEMAND for Trial by Jury by Samuel Davis. (No pdf document attached to this entry-see docket entry #1 for pdf). (imm, )

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Defendant: Mrs. McMullen
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Defendant: Officer Drake
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Defendant: Dr. Wilson
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Defendant: Ms. Driggers
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Defendant: Walter Miles
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Defendant: Ms. McMullum
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Plaintiff: Samuel Davis
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